1 

" ! HOUSE OF REPRESENTATIVES 

114TH CONGRESS

2d Session 

REPORT

114–840 

NATIONAL DEFENSE AUTHORIZATION ACT 

FOR FISCAL YEAR 2017 

CONFERENCE REPORT 

TO ACCOMPANY

S. 2943 

NOVEMBER 30, 2016.—Ordered to be printed 


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NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2017 


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U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

22–492 

" ! HOUSE OF REPRESENTATIVES 

114TH CONGRESS

2d Session 

REPORT

2016

114–840 

NATIONAL DEFENSE AUTHORIZATION ACT 

FOR FISCAL YEAR 2017 

CONFERENCE REPORT 

TO ACCOMPANY

S. 2943 

NOVEMBER 30, 2016.—Ordered to be printed 


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(III) 

C O N T E N T S 

CONFERENCE REPORT ....................................................................................... 1 

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE .................................................................................................................... 975 

Compliance with rules of the House of Representatives and Senate regarding earmarks and congressionally directed spending items .............. 975 

Summary of discretionary authorizations and budget authority implication ................................................................................................................. 975 

Budgetary effects of this Act (sec. 4) ............................................................... 976 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS ................. 976 

TITLE I—PROCUREMENT ................................................................................... 976 

Subtitle A—Authorization of Appropriations ................................................. 976 

Authorization of appropriations (sec. 101) .............................................. 976 

Subtitle B—Army Programs ............................................................................ 976 

Multiyear procurement authority for AH–64E Apache helicopters 

(sec. 111) ................................................................................................. 976 

Multiyear procurement authority for UH–60M and HH–60M Black 

Hawk helicopters (sec. 112) .................................................................. 976 

Distributed Common Ground System-Army increment 1 (sec. 113) ..... 977 

Assessment of certain capabilities of the Department of the Army 

(sec. 114) ................................................................................................. 977 

Subtitle C—Navy Programs ............................................................................ 978 

Determination of vessel delivery dates (sec. 121) ................................... 978 

Incremental funding for detail design and construction of LHA replacement ship designated LHA 8 (sec. 122) ....................................... 978 

Littoral Combat Ship (sec. 123) ............................................................... 978 

Limitation on use of sole-source shipbuilding contracts for certain 

vessels (sec. 124) .................................................................................... 979 

Limitation on availability of funds for the Advanced Arresting Gear 

Program (sec. 125) ................................................................................. 979 

Limitation on availability of funds for procurement of U.S.S. Enterprise (CVN–80) (sec. 126) ...................................................................... 980 

Sense of Congress on aircraft carrier procurement schedules (sec. 

127) ......................................................................................................... 980 

Report on P–8 Poseidon aircraft (sec. 128) .............................................. 981 

Design and construction of replacement dock landing ship designated 

LX(R) or amphibious transport dock designated LPD–29 (sec. 129) . 981 

Subtitle D—Air Force Programs ..................................................................... 981 

EC–130H Compass Call recapitalization program (sec. 131) ................ 981 

Repeal of requirement to preserve certain retired C–5 aircraft (sec. 

132) ......................................................................................................... 982 

Repeal of requirement to preserve F–117 aircraft in recallable condition (sec. 133) ......................................................................................... 982 

Prohibition on availability of funds for retirement of A–10 aircraft 

(sec. 134) ................................................................................................. 982 

Limitation on availability of funds for destruction of A–10 aircraft 

in storage status (sec. 135) ................................................................... 983 

Prohibition on availability of funds for retirement of Joint Surveillance Target Attack Radar System aircraft (sec. 136) ........................ 983 

Elimination of annual report on aircraft inventory (sec. 137) ............... 983 

Subtitle E—Defense-Wide, Joint, and Multiservice Matters ........................ 983 

Standardization of 5.56mm rifle ammunition (sec. 141) ........................ 983 

Fire suppressant and fuel containment standards for certain vehicles 

(sec. 142) ................................................................................................. 984 

Limitation on availability of funds for destruction of certain cluster 

munitions (sec. 143) ............................................................................... 984 


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IV 

TITLE I—PROCUREMENT—Continued 

Subtitle E—Defense-Wide, Joint, and Multiservice Matters—Continued 

Report on Department of Defense munitions strategy for the combatant commands (sec. 144) ....................................................................... 984 

Modifications to reporting on use of combat mission requirements 

funds (sec. 145) ...................................................................................... 985 

Report on alternative management structures for the F–35 joint 

strike fighter program (sec. 146) .......................................................... 985 

Comptroller General review of F–35 Lightning II aircraft sustainment support (sec. 147) ......................................................................... 985 

Briefing on acquisition strategy for Ground Mobility Vehicle (sec. 

148) ......................................................................................................... 985 

Study and report on optimal mix of aircraft capabilities for the 

Armed Forces (sec. 149) ........................................................................ 985 

Legislative Provisions Not Adopted ................................................................ 986 

Funding for surface-to-air missile system ............................................... 986 

Procurement authority for aircraft carrier programs ............................. 986 

Ship to shore connector program ............................................................. 986 

Limitation on availability of funds for Tactical Combat Training System Increment II .................................................................................... 986 

Prohibition on availability of funds for retirement of U–2 aircraft ...... 987 

Medium Altitude Intelligence, Surveillance, and Reconnaissance Aircraft ......................................................................................................... 987 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION .......... 988 

Subtitle A—Authorization of Appropriations ................................................. 988 

Authorization of appropriations (sec. 201) .............................................. 988 

Subtitle B—Program Requirements, Restrictions, and Limitations ............ 988 

Laboratory quality enhancement program (sec. 211) ............................. 988 

Modification of mechanisms to provide funds for defense laboratories 

for research and development of technologies for military missions 

(sec. 212) ................................................................................................. 988 

Making permanent authority for defense research and development 

rapid innovation program (sec. 213) .................................................... 989 

Authorization for National Defense University and Defense Acquisition University to enter into cooperative research and development 

agreements (sec. 214) ............................................................................ 989 

Manufacturing Engineering Education Grant Program (sec. 215) ........ 989 

Notification requirement for certain rapid prototyping, experimentation, and demonstration activities (sec. 216) ....................................... 989 

Increased micro-purchase threshold for research programs and entities (sec. 217) .......................................................................................... 989 

Improved biosafety for handling of select agents and toxins (sec. 

218) ......................................................................................................... 990 

Designation of Department of Defense senior official with principal 

responsibility for directed energy weapons (sec. 219) ......................... 990 

Restructuring of the distributed common ground system of the Army 

(sec. 220) ................................................................................................. 991 

Limitation on availability of funds for countering weapons of mass 

destruction system Constellation (sec. 221) ......................................... 991 

Limitation on availability of funds for Defense Innovation Unit Experimental (sec. 222) ............................................................................. 991 

Limitation on availability of funds for Joint Surveillance Target Attack Radar System (JSTARS) Recapitalization Program (sec. 223) .. 993 

Acquisition program baseline and annual reports on follow-on modernization program for F–35 Joint Strike Fighter (sec. 224) ............. 993 

Subtitle C—Reports and Other Matters ......................................................... 993 

Strategy for assured access to trusted microelectronics (sec. 231) ........ 993 

Pilot program on evaluation of commercial information technology 

(sec. 232) ................................................................................................. 993 

Pilot program for the enhancement of the research, development, 

test, and evaluation centers of the Department of Defense (sec. 

233) ......................................................................................................... 994 

Pilot program on modernization and fielding of electromagnetic spectrum warfare systems and electronic warfare capabilities (sec. 234) 994 

Pilot program on disclosure of certain sensitive information to federally funded research and development centers (sec. 235) .................. 995 


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V 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION—Continued 

Subtitle C—Reports and Other Matters—Continued 

Pilot program on enhanced interaction between the Defense Advanced Research Projects Agency and the service academies (sec. 

236) ......................................................................................................... 995 

Independent review of F/A–18 physiological episodes and corrective 

actions (sec. 237) .................................................................................... 995 

B–21 bomber development program accountability matrices (sec. 

238) ......................................................................................................... 995 

Study on helicopter crash prevention and mitigation technology (sec. 

239) ......................................................................................................... 996 

Strategy for Improving Electronic and Electromagnetic Spectrum 

Warfare Capabilities (sec. 240) ............................................................. 996 

Sense of Congress on development and fielding of fifth generation 

airborne systems (sec. 241) ................................................................... 996 

Legislative Provisions Not Adopted ................................................................ 996 

Report on cost of B–21 aircraft ................................................................ 996 

TITLE III—OPERATION AND MAINTENANCE ................................................ 997 

Subtitle A—Authorization of Appropriations ................................................. 997 

Authorization of appropriations (sec. 301) .............................................. 997 

Subtitle B—Energy and the Environment ..................................................... 997 

Modified reporting requirement related to installations energy management (sec. 311) ................................................................................. 997 

Waiver authority for alternative fuel procurement requirement (sec. 

312) ......................................................................................................... 997 

Utility data management for military facilities (sec. 313) ..................... 997 

Alternative technologies for munitions disposal (sec. 314) .................... 998 

Report on efforts to reduce high energy costs at military installations 

(sec. 315) ................................................................................................. 998 

Sense of Congress on funding decisions relating to climate change 

(sec. 316) ................................................................................................. 998 

Subtitle C—Logistics and Sustainment .......................................................... 999 

Revision of deployability rating system and planning reform (sec. 

321) ......................................................................................................... 999 

Revision of guidance related to corrosion control and prevention executives (sec. 322) .................................................................................. 999 

Pilot program for inclusion of certain industrial plants in the Armament Retooling and Manufacturing Support Initiative (sec. 323) ..... 999 

Repair, recapitalization, and certification of dry docks at naval shipyards (sec. 324) ...................................................................................... 999 

Private sector port loading assessment (sec. 325) .................................. 1000 

Strategy on revitalizing Army organic industrial base (sec. 326) ......... 1000 

Subtitle D—Reports ......................................................................................... 1000 

Modifications to Quarterly Readiness Report to Congress (sec. 331) ... 1000 

Report on average travel costs of members of the reserve components 

(sec. 332) ................................................................................................. 1000 

Report on HH–60G sustainment and Combat Rescue Helicopter program (sec. 333) ....................................................................................... 1001 

Subtitle E—Other Matters .............................................................................. 1001 

Air navigation matters (sec. 341) ............................................................. 1001 

Contract working dogs (sec. 342) ............................................................. 1001 

Plan, funding documents, and management review relating to explosive ordnance disposal (sec. 343) .......................................................... 1001 

Process for communicating availability of surplus ammunition (sec. 

344) ......................................................................................................... 1002 

Mitigation of risks posed by window coverings with accessible cords 

in certain military housing units (sec. 345) ......................................... 1002 

Access to military installations by transportation companies (sec. 

346) ......................................................................................................... 1002 

Access to wireless high-speed Internet and network connections for 

certain members of the Armed Forces (sec. 347) ................................ 1002 

Limitation on availability of funds for Office of the Under Secretary 

of Defense for Intelligence (sec. 348) .................................................... 1003 

Limitation on development and fielding of new camouflage and utility 

uniforms (sec. 349) ................................................................................. 1003 


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VI 

TITLE III—OPERATION AND MAINTENANCE—Continued 

Subtitle E—Other Matters—Continued 

Plan for improved dedicated adversary air training enterprise of the 

Air Force (sec. 350) ................................................................................ 1003 

Independent review and assessment of the Ready Aircrew Program 

of the Air Force (sec. 351) ..................................................................... 1003 

Study on space-available travel system of the Department of Defense 

(sec. 352) ................................................................................................. 1004 

Evaluation of motor carrier safety performance and safety technology 

(sec. 353) ................................................................................................. 1004 

Legislative Provisions Not Adopted ................................................................ 1004 

Increase in funding for civil military programs ...................................... 1004 

Linear LED lamps ..................................................................................... 1004 

Production and use of natural gas at Fort Knox .................................... 1005 

Sense of Congress on perfluorinated chemicals ...................................... 1005 

Limitation on availability of funds for Defense Contract Management 

Agency .................................................................................................... 1005 

Repurposing and reuse of surplus military firearms ............................. 1005 

STARBASE Program ................................................................................. 1006 

Explosive Ordnance Disposal Corps ........................................................ 1006 

Development of personal protective equipment for female Marines 

and soldiers ............................................................................................ 1006 

Supply of specialty motors from certain manufacturers ........................ 1007 

Briefing on well-drilling capabilities of active duty and reserve components ................................................................................................... 1007 

Increase in funding for National Guard counter-drug programs .......... 1007 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS ............................... 1007 

Subtitle A—Active Forces ................................................................................ 1007 

End strength for active forces (sec. 401) ................................................. 1007 

Revisions in permanent active duty end strength minimum levels 

(sec. 402) ................................................................................................. 1008 

Subtitle B—Reserve Forces ............................................................................. 1008 

End strengths for Selected Reserve (sec. 411) ........................................ 1008 

End strengths for Reserves on active duty in support of the reserves 

(sec. 412) ................................................................................................. 1009 

End strengths for military technicians (dual status) (sec. 413) ............ 1009 

Fiscal year 2017 limitation on number of non-dual status technicians 

(sec. 414) ................................................................................................. 1010 

Maximum number of reserve personnel authorized to be on active 

duty for operational support (sec. 415) ................................................ 1010 

Technical corrections to annual authorization for personnel strengths 

(sec. 416) ................................................................................................. 1011 

Subtitle C—Authorization of Appropriations ................................................. 1011 

Military personnel (sec. 421) .................................................................... 1011 

Legislative Provisions Not Adopted ................................................................ 1011 

Sense of Congress on full-time support for the Army National Guard . 1011 

TITLE V—MILITARY PERSONNEL POLICY ..................................................... 1011 

Subtitle A—Officer Personnel Policy .............................................................. 1011 

Reduction in number of general and flag officers on active duty 

and authorized end strength after December 31, 2022, of such 

general and flag officers (sec. 501) ....................................................... 1011 

Repeal of statutory specification of general or flag officer grade for 

various positions in the Armed Forces (sec. 502) ................................ 1013 

Number of Marine Corps general officers (sec. 503) .............................. 1014 

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. 504) .......................................................................................... 1014 

Continuation of certain officers on active duty without regard to 

requirement for retirement for years of service (sec. 505) ................. 1014 

Equal consideration of officers for early retirement or discharge (sec. 

506) ......................................................................................................... 1014 

Modification of authority to drop from rolls a commissioned officer 

(sec. 507) ................................................................................................. 1015 

Extension of force management authorities allowing enhanced flexibility for officer personnel management (sec. 508) ............................. 1015 

Pilot programs on direct commissions to cyber positions (sec. 509) ...... 1015 


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VII 

TITLE V—MILITARY PERSONNEL POLICY—Continued 

Subtitle A—Officer Personnel Policy—Continued 

Length of joint duty assignments (sec. 510) ............................................ 1016 

Revision of definitions used for joint officer management (sec. 510A) . 1016 

Subtitle B—Reserve Component Management .............................................. 1016 

Authority for temporary waiver of limitation on term of service of 

Vice Chief of the National Guard Bureau (sec. 511) ........................... 1016 

Rights and protections available to military technicians (sec. 512) ...... 1016 

Inapplicability of certain laws to National Guard technicians performing Active Guard and Reserve duty (sec. 513) ............................. 1017 

Extension of removal of restrictions on the transfer of officers between the active and inactive National Guard (sec. 514) ................... 1017 

Extension of temporary authority to use Air Force reserve component 

personnel to provide training and instruction regarding pilot training (sec. 515) .......................................................................................... 1017 

Expansion of eligibility for deputy commander of combatant command having United States among geographic area of responsibility to include officers of the Reserves (sec. 516) ............................. 1017 

Subtitle C—General Service Authorities ........................................................ 1018 

Matters relating to provision of leave for members of the Armed 

Forces, including prohibition on leave not expressly authorized by 

law (sec. 521) .......................................................................................... 1018 

Transfer of provision relating to expenses incurred in connection 

with leave canceled due to contingency operations (sec. 522) ............ 1019 

Expansion of authority to execute certain military instruments (sec. 

523) ......................................................................................................... 1019 

Medical examination before administrative separation for members 

with post-traumatic stress disorder or traumatic brain injury in 

connection with sexual assault (sec. 524) ............................................ 1020 

Reduction of tenure on the temporary disability retired list (sec. 

525) ......................................................................................................... 1020 

Technical correction to voluntary separation pay and benefits (sec. 

526) ......................................................................................................... 1020 

Consolidation of Army marketing and pilot program on consolidated 

Army recruiting (sec. 527) ..................................................................... 1020 

Subtitle D—Member Whistleblower Protections and Correction of Military Records .................................................................................................. 1021 

Improvements to whistleblower protection procedures (sec. 531) ......... 1021 

Modification of whistleblower protection authorities to restrict contrary findings of prohibited personnel action by the Secretary concerned (sec. 532) ..................................................................................... 1021 

Availability of certain Correction of Military Records and Discharge 

Review Board information through the Internet (sec. 533) ............... 1021 

Improvements to authorities and procedures for the correction of 

military records (sec. 534) ..................................................................... 1022 

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. 

535) ......................................................................................................... 1023 

Comptroller General of the United States review of integrity of Department of Defense whistleblower program (sec. 536) ...................... 1023 

Subtitle E—Military Justice and Legal Assistance Matters ......................... 1024 

United States Court of Appeals for the Armed Forces (sec. 541) .......... 1024 

Effective prosecution and defense in courts-martial and pilot programs on professional military justice development for judge advocates (sec. 542) ....................................................................................... 1024 

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. 543) ........................................................................ 1025 

Extension of the requirement for annual report regarding sexual 

assaults and coordination with release of Family Advocacy Program report (sec. 544) ............................................................................ 1026 

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 (sec. 545) ................................................ 1026 


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VIII 

TITLE V—MILITARY PERSONNEL POLICY—Continued 

Subtitle E—Military Justice and Legal Assistance Matters—Continued 

Training for Department of Defense personnel who investigate claims 

of retaliation (sec. 546) .......................................................................... 1026 

Notification to complainants of resolution of investigations into retaliation (sec. 547) ...................................................................................... 1026 

Modification of definition of sexual harassment for purposes of investigations by commanding officers of complaints of harassment (sec. 

548) ......................................................................................................... 1027 

Improved Department of Defense prevention and response to hazing 

in the Armed Forces (sec. 549) ............................................................. 1027 

Subtitle F—National Commission on Military, National, and Public Service ................................................................................................................... 1028 

Purpose, scope, and definitions (sec. 551) ............................................... 1028 

Preliminary report on purpose and utility of registration system 

under Military Selective Service Act (sec. 552) ................................... 1028 

National Commission on Military, National, and Public Service (sec. 

553) ......................................................................................................... 1028 

Commission hearings and meetings (sec. 554) ....................................... 1029 

Principles and procedure for Commission recommendations (sec. 

555) ......................................................................................................... 1029 

Executive Director and staff (sec. 556) .................................................... 1030 

Termination of Commission (sec. 557) ..................................................... 1030 

Subtitle G—Member Education, Training, Resilience, and Transition ....... 1030 

Modification of program to assist members of the Armed Forces 

in obtaining professional credentials (sec. 561) ................................... 1030 

Inclusion of alcohol, prescription drug, opioid, and other substance 

abuse counseling as part of required preseparation counseling (sec. 

562) ......................................................................................................... 1030 

Inclusion of information in Transition Assistance Program regarding 

effect of receipt of both veteran disability compensation and voluntary separation pay (sec. 563) .......................................................... 1031 

Training under Transition Assistance Program on employment opportunities associated with transportation security cards (sec. 564) ...... 1031 

Extension of suicide prevention and resilience program (sec. 565) ....... 1031 

Congressional notification in advance of appointments to service 

academies (sec. 566) .............................................................................. 1031 

Report and guidance regarding Job Training, Employment Skills 

Training, Apprenticeships, and Internships and SkillBridge initiatives for members of the Armed Forces who are being separated 

(sec. 567) ................................................................................................. 1032 

Military-to-mariner transition (sec. 568) ................................................. 1032 

Subtitle H—Defense Dependents’ Education and Military Family Readiness Matters .................................................................................................. 1032 

Continuation of authority to assist local educational agencies that 

benefit dependents of members of the Armed Forces and Department of Defense civilian employees (sec. 571) ..................................... 1032 

One-year extension of authorities relating to the transition and support of military dependent students to local educational agencies 

(sec. 572) ................................................................................................. 1033 

Annual notice to members of the Armed Forces regarding child custody protections guaranteed by the Servicemembers Civil Relief 

Act (sec. 573) .......................................................................................... 1033 

Requirement for annual Family Advocacy Program report regarding 

child abuse and domestic violence (sec. 574) ....................................... 1033 

Reporting on allegations of child abuse in military families and 

homes (sec. 575) ..................................................................................... 1034 

Repeal of Advisory Council on Dependents’ Education (sec. 576) ......... 1034 

Support for programs providing camp experience for children of military families (sec. 577) .......................................................................... 1034 

Comptroller General of the United States assessment and report 

on Exceptional Family Member Programs (sec. 578) .......................... 1034 

Impact aid amendments (sec. 579) .......................................................... 1035 

Subtitle I—Decorations and Awards ............................................................... 1035 

Posthumous advancement of Colonel George E. ‘‘Bud’’ Day, United 

States Air Force, on the retired list (sec. 581) .................................... 1035 


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IX 

TITLE V—MILITARY PERSONNEL POLICY—Continued 

Subtitle I—Decorations and Awards—Continued 

Authorization for award of medals for acts of valor during certain 

contingency operations (sec. 582) ......................................................... 1035 

Authorization for award of the Medal of Honor to Gary M. Rose 

and James C. McCloughan for acts of valor during the Vietnam 

War (sec. 583) ......................................................................................... 1036 

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

II (sec. 584) ............................................................................................. 1036 

Authorization for award of the Distinguished Service Cross to Chaplain (First Lieutenant) Joseph Verbis LaFleur for acts of valor 

during World War II (sec. 585) ............................................................. 1036 

Review regarding award of Medal of Honor to certain Asian American and Native American Pacific Islander War Veterans (sec. 586) 1036 

Subtitle J—Miscellaneous Reports and Other Matters ................................. 1037 

Repeal of requirement for a chaplain at the United States Air Force 

Academy appointed by the President (sec. 591) .................................. 1037 

Extension of limitation on reduction in number of military and civilian personnel assigned to duty with service review agencies (sec. 

592) ......................................................................................................... 1037 

Annual reports on progress of the Army and the Marine Corps in 

integrating women into military occupational specialties and units 

recently opened to women (sec. 593) .................................................... 1037 

Report on feasibility of electronic tracking of operational active-duty 

service performed by members of the Ready Reserve of the Armed 

Forces (sec. 594) ..................................................................................... 1038 

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 (sec. 595) ........................ 1038 

Body mass index test (sec. 596) ............................................................... 1038 

Report on career progression tracks of the Armed Forces for women 

in combat arms units (sec. 597) ............................................................ 1038 

Legislative Provisions Not Adopted ................................................................ 1039 

Temporary suspension of officer grade strength tables ......................... 1039 

Enhanced authority for service credit for experience or advanced 

education upon original appointment as a commissioned officer ...... 1039 

Authority of promotion boards to recommend officers of particular 

merit be placed at the top of the promotion list .................................. 1040 

Limitations on ordering selected reserve to active duty for preplanned missions in support of the combatant commands ........................ 1040 

Exemption of military technicians (dual status) from civilian employee furloughs ............................................................................................ 1041 

Authority to designate certain Reserve officers as not to be considered for selection for promotion ............................................................ 1041 

Responsibility of Chiefs of Staff of the Armed Forces for standards 

and qualifications for military specialties within the Armed Forces 1041 

Reconciliation of contradictory provisions relating to qualifications 

for enlistment in the reserve components of the Armed Forces ........ 1041 

Burdens of proof applicable to investigations and reviews related 

to protected communications of members of the armed forces and 

prohibited retaliatory actions ............................................................... 1042 

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 ..................................................................... 1042 

Appellate standing of victims in enforcing rights of victims under 

the Uniform Code of Military Justice .................................................. 1042 

Limitation on tuition assistance for off-duty training or education ...... 1043 

Establishment of ROTC cyber institutes at senior military colleges .... 1043 

Access to Department of Defense installations of institutions of higher education providing certain advising and student support services .......................................................................................................... 1044 

Employment authority for civilian faculty at certain military department schools ........................................................................................... 1044 


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X 

TITLE V—MILITARY PERSONNEL POLICY—Continued 

Legislative Provisions Not Adopted—Continued 

Revision of name on military service record to reflect change in 

name of a member of the Army, Navy, Air Force, or Marine Corps, 

after separation from the Armed Forces .............................................. 1044 

Direct employment pilot program for members of the National Guard 

and Reserve ............................................................................................ 1044 

Prohibition on establishment, maintenance, or support of Senior Reserve Officers’ Training Corps units at educational institutions that 

display the Confederate battle flag ...................................................... 1045 

Report on composition of service academies ........................................... 1045 

Enhanced flexibility in provision of relocation assistance to members 

of the Armed Forces and their families ............................................... 1045 

Background checks for employees of agencies and schools providing 

elementary and secondary education for Department of Defense 

dependents ............................................................................................. 1046 

Authorization for award of the Medal of Honor to Charles S. Kettles 

for acts of valor during the Vietnam war ............................................ 1047 

Burial of cremated remains in Arlington National Cemetery of certain persons whose service is deemed to be active service ................. 1047 

Applicability of Military Selective Service Act to female citizens and 

persons .................................................................................................... 1047 

Representation from member of the Armed Forces on boards, councils, and committees making recommendations relating to military 

personnel issues ..................................................................................... 1047 

Preseparation counseling regarding options for donating brain tissue 

at time of death for research ................................................................ 1048 

Recognition of the expanded service opportunities available to female 

members of the Armed Forces and the long service of women 

in the Armed Forces .............................................................................. 1048 

Sense of Congress regarding plight of male victims of military sexual 

assault .................................................................................................... 1048 

Sense of Congress regarding section 504 of title 10, United States 

Code, on existing authority of the Department of Defense to enlist 

individuals, not otherwise eligible for enlistment, whose enlistment 

is vital to the national interest ............................................................. 1049 

Protection of Second Amendment rights of military families ................ 1049 

Pilot program on advanced technology for alcohol abuse prevention ... 1049 

Report on availability of college credit for skills acquired during 

military service ...................................................................................... 1049 

Atomic veterans service medal ................................................................. 1050 

Report on extending protections for student loans for active duty 

borrowers ................................................................................................ 1050 

Exclusion of certain reimbursements of medical expenses and other 

payments from determination of annual income with respect to 

pensions for veterans and surviving spouses and children of veterans ....................................................................................................... 1050 

Sense of Congress on desirability of service-wide adoption of Gold 

Star installation access card ................................................................. 1050 

Servicemembers’ Group Life Insurance ................................................... 1050 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS .......... 1051 

Subtitle A—Pay and Allowances ..................................................................... 1051 

Fiscal year 2017 increase in military basic pay (sec. 601) ..................... 1051 

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. 602) .............................................................. 1051 

Extension of authority to provide temporary increase in rates of 

basic allowance for housing under certain circumstances (sec. 603) . 1051 

Reports on a new single-salary pay system for members of the Armed 

Forces (sec. 604) ..................................................................................... 1051 

Subtitle B—Bonuses and Special and Incentive Pays ................................... 1052 

One-year extension of certain bonus and special pay authorities for 

reserve forces (sec. 611) ......................................................................... 1052 

One-year extension of certain bonus and special pay authorities for 

health care professionals (sec. 612) ...................................................... 1052 

One-year extension of special pay and bonus authorities for nuclear 

officers (sec. 613) .................................................................................... 1053 


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XI 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS—Continued 

Subtitle B—Bonuses and Special and Incentive Pays—Continued 

One-year extension of authorities relating to title 37 consolidated 

special pay, incentive pay, and bonus authorities (sec. 614) .............. 1053 

One-year extension of authorities relating to payment of other title 

37 bonuses and special pays (sec. 615) ................................................ 1053 

Aviation incentive pay and bonus matters (sec. 616) ............................. 1054 

Conforming amendment to consolidation of special pay, incentive pay, 

and bonus authorities (sec. 617) ........................................................... 1054 

Technical amendments relating to 2008 consolidation of certain special pay authorities (sec. 618) ............................................................... 1055 

Subtitle C—Travel and Transportation Allowances ...................................... 1055 

Maximum reimbursement amount for travel expenses of members 

of the Reserves attending inactive duty training outside of normal 

commuting distances (sec. 621) ............................................................ 1055 

Subtitle D—Disability Pay, Retired Pay, and Survivor Benefits ................. 1055 

PART I—AMENDMENTS IN CONNECTION WITH RETIRED PAY REFORM ........ 1055 

Election period for members in the service academies and inactive 

Reserves to participate in the modernized retirement system (sec. 

631) ......................................................................................................... 1055 

Effect of separation of members from the uniformed services on participation in the Thrift Savings Plan (sec. 632) .................................. 1055 

Continuation pay for full Thrift Savings Plan members who have 

completed 8 to 12 years of service (sec. 633) ....................................... 1056 

Combat-related special compensation coordinating amendment (sec. 

634) ......................................................................................................... 1056 

PART II—OTHER MATTERS ............................................................................ 1056 

Use of member’s current pay grade and years of service and retired 

pay cost-of-living adjustments, rather than final retirement pay 

grade and years of service, in a division of property involving 

disposable retired pay (sec. 641) ........................................................... 1056 

Equal benefits under Survivor Benefit Plan for survivors of reserve 

component members who die in the line of duty during inactiveduty training (sec. 642) ......................................................................... 1057 

Authority to deduct Survivor Benefit Plan premiums from combatrelated special compensation when retired pay not sufficient (sec. 

643) ......................................................................................................... 1057 

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. 

644) ......................................................................................................... 1057 

Authority for payment of pay and allowances and retired and retainer pay pursuant to power of attorney (sec. 645) ........................... 1057 

Extension of authority to pay special survivor indemnity allowance 

under Survivor Benefit Plan (sec. 646) ................................................ 1058 

Repeal of obsolete authority for combat-related injury rehabilitation 

pay (sec. 647) .......................................................................................... 1058 

Independent assessment of the Survivor Benefit Plan (sec. 648) ......... 1058 

Subtitle E—Commissary and Non-Appropriated Fund Instrumentality 

Benefits and Operations ............................................................................... 1058 

Protection and enhancement of access to and savings at commissaries 

and exchanges (sec. 661) ....................................................................... 1058 

Acceptance of Military Star Card at commissaries (sec. 662) ............... 1059 

Subtitle F—Other Matters ............................................................................... 1060 

Recovery of amounts owed to the United States by members of the 

uniformed services (sec. 671) ................................................................ 1060 

Modification of flat rate per diem requirement for personnel on longterm temporary duty assignments (sec. 672) ...................................... 1061 

Legislative Provisions Not Adopted ................................................................ 1061 

Sense of the Congress on Roth contributions as default contributions 

of members of the Armed Forces participating in the Thrift Savings 

Plan under retired pay reform .............................................................. 1061 

Sense of the Congress on options for members of the Armed Forces 

to designate payment of the death gratuity to a trust for a special 

needs individual ..................................................................................... 1061 


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XII 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS—Continued 

Legislative Provisions Not Adopted—Continued 

Period for relocation of spouses and dependents of certain members 

of the Armed Forces undergoing a permanent change of station ...... 1061 

TITLE VII—HEALTH CARE PROVISIONS ......................................................... 1062 

Subtitle A—Reform of TRICARE and Military Health System .................... 1062 

TRICARE Select and other TRICARE Reform (sec. 701) ...................... 1062 

Reform of administration of the Defense Health Agency and military 

medical treatment facilities (sec. 702) ................................................. 1064 

Military medical treatment facilities (sec. 703) ...................................... 1066 

Access to urgent and primary care under TRICARE program (sec. 

704) ......................................................................................................... 1067 

Value-based purchasing and acquisition of managed care support 

contracts for TRICARE program (sec. 705) ......................................... 1067 

Establishment of high performance military-civilian integrated 

health delivery systems (sec. 706) ........................................................ 1069 

Joint Trauma System (sec. 707) ............................................................... 1070 

Joint Trauma Education and Training Directorate (sec. 708) ............... 1070 

Standardized system for scheduling medical appointments at military 

treatment facilities (sec. 709) ................................................................ 1071 

Subtitle B—Other Health Care Benefits ........................................................ 1072 

Extended TRICARE program coverage for certain members of the 

National Guard and dependents during certain disaster response 

duty (sec. 711) ........................................................................................ 1072 

Continuity of health care coverage for reserve components (sec. 712) . 1072 

Provision of hearing aids to dependents of retired members (sec. 

713) ......................................................................................................... 1074 

Coverage of medically necessary food and vitamins for certain conditions under the TRICARE program (sec. 714) .................................... 1074 

Eligibility of certain beneficiaries under the TRICARE program for 

participation in the Federal Employees Dental and Vision Insurance Program (sec. 715) ........................................................................ 1074 

Applied behavior analysis (sec. 716) ........................................................ 1074 

Evaluation and treatment of veterans and civilians at military treatment facilities (sec. 717) ........................................................................ 1075 

Enhancement of use of telehealth services in military health system 

(sec. 718) ................................................................................................. 1075 

Authorization of reimbursement by Department of Defense to entities 

carrying out state vaccination programs for costs of vaccines provided to covered beneficiaries (sec. 719) .............................................. 1076 

Subtitle C—Health Care Administration ....................................................... 1076 

Authority to convert military medical and dental positions to civilian 

medical and dental positions (sec. 721) ............................................... 1076 

Prospective payment of funds necessary to provide medical care for 

the Coast Guard (sec. 722) .................................................................... 1077 

Reduction of administrative requirements relating to automatic renewal of enrollments in TRICARE Prime (sec. 723) ........................... 1077 

Modification of authority of Uniformed Services University of the 

Health Sciences to include undergraduate and other medical education and training programs (sec. 724) .............................................. 1077 

Adjustment of medical services, personnel authorized strengths, and 

infrastructure in military health system to maintain readiness and 

core competencies of health care providers (sec. 725) ......................... 1078 

Program to eliminate variability in health outcomes and improve 

quality of health care services delivered in military medical treatment facilities (sec. 726) ........................................................................ 1078 

Acquisition strategy for health care professional staffing services (sec. 

727) ......................................................................................................... 1079 

Adoption of core quality performance metrics (sec. 728) ....................... 1080 

Improvement of health outcomes and control of costs of health care 

under TRICARE program through programs to involve covered 

beneficiaries (sec. 729) ........................................................................... 1080 

Accountability for the performance of the military health system 

of certain leaders within the system (sec. 730) ................................... 1081 

Establishment of advisory committees for military treatment facilities (sec. 731) .......................................................................................... 1082 


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XIII 

TITLE VII—HEALTH CARE PROVISIONS—Continued 

Subtitle D—Reports and Other Matters ......................................................... 1082 

Extension of authority for joint Department of Defense-Department 

of Veterans Affairs Medical Facility Demonstration Fund and report on implementation of information technology capabilities (sec. 

741) ......................................................................................................... 1082 

Pilot program on expansion of use of physician assistants to provide 

mental health care to members of the Armed Forces (sec. 742) ........ 1082 

Pilot program for prescription drug acquisition cost parity in the 

TRICARE pharmacy benefits program (sec. 743) ............................... 1083 

Pilot program on display of wait times at urgent care clinics and 

pharmacies of military medical treatment facilities (sec. 744) .......... 1083 

Requirement to review and monitor prescribing practices at military 

treatment facilities of pharmaceutical agents for treatment of posttraumatic stress (sec. 745) .................................................................... 1084 

Department of Defense study on preventing the diversion of opioid 

medications (sec. 746) ............................................................................ 1084 

Incorporation into survey by Department of Defense of questions 

on experiences of members of the Armed Forces with family planning services and counseling (sec. 747) ................................................ 1084 

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. 748) ..................................... 1085 

Oversight of graduate medical education programs of military departments (sec. 749) ..................................................................................... 1085 

Study on health of helicopter and tiltrotor pilots (sec. 750) .................. 1086 

Comptroller General reports on health care delivery and waste in 

military health system (sec. 751) ......................................................... 1086 

Legislative Provisions Not Adopted ................................................................ 1086 

Modifications of cost-sharing requirements for the TRICARE pharmacy benefits program and treatment of certain pharmaceutical 

agents ...................................................................................................... 1086 

Pilot program on treatment of members of the Armed Forces for 

post-traumatic stress disorder related to military sexual trauma .... 1087 

Selection of commanders and directors of military treatment facilities 

and tours of duty of commanders of such facilities ............................. 1087 

Use of mefloquine for malaria .................................................................. 1087 

Mental health resources for members of the military services at 

high risk of suicide ................................................................................ 1088 

Research of chronic traumatic encephalopathy ...................................... 1088 

Active oscillating negative pressure treatment ...................................... 1088 

Report on feasibility of including acupuncture and chiropractic services for retirees under TRICARE program .......................................... 1088 

Clarification of submission of reports on longitudinal study on traumatic brain injury .................................................................................. 1088 

Increased collaboration with NIH to combat triple negative breast 

cancer ...................................................................................................... 1089 

Memoranda of agreement with institutions of higher education that 

offer degrees in allopathic or osteopathic medicine ............................ 1089 

Prohibition on conduct of certain medical research and development 

projects .................................................................................................... 1089 

Report on plan to improve pediatric care and related services for 

children of members of the Armed Forces ........................................... 1090 

Treatment of certain provisions relating to limitations, transparency, 

and oversight regarding medical research conducted by the Department of Defense ..................................................................................... 1090 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 

RELATED MATTERS ......................................................................................... 1090 

Subtitle A—Acquisition Policy and Management .......................................... 1090 

Rapid acquisition authority amendments (sec. 801) .............................. 1090 

Authority for temporary service of Principal Military Deputies to 

the Assistant Secretaries of the military departments for acquisition as Acting Assistant Secretaries (sec. 802) .................................... 1090 

Modernization of services acquisition (sec. 803) ..................................... 1090 

Defense Modernization Account amendments (sec. 804) ....................... 1091 

Subtitle B—Department of Defense Acquisition Agility ............................... 1091 


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XIV 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 

RELATED MATTERS—Continued 

Subtitle B—Department of Defense Acquisition Agility—Continued 

Modular open system approach in development of major weapon 

systems (sec. 805) .................................................................................. 1091 

Development, prototyping, and deployment of weapon system components or technology (sec. 806) ............................................................... 1091 

Cost, schedule, and performance of major defense acquisition programs (sec. 807) ..................................................................................... 1092 

Transparency in major defense acquisition programs (sec. 808) ........... 1092 

Amendments relating to technical data rights (sec. 809) ...................... 1093 

Subtitle C—Amendments to General Contracting Authorities, Procedures, 

and Limitations ............................................................................................. 1094 

Modified restrictions on undefinitized contractual actions (sec. 811) ... 1094 

Amendments relating to inventory and tracking of purchases of services (sec. 812) .......................................................................................... 1095 

Use of lowest price technically acceptable source selection process 

(sec. 813) ................................................................................................. 1095 

Limitation of use of reverse auctions and lowest price technically 

acceptable contracting methods for procurement of personal protective equipment (sec. 814) ...................................................................... 1096 

Amendments related to detection and avoidance of counterfeit electronic parts (sec. 815) ............................................................................ 1096 

Amendments to special emergency procurement authority (sec. 816) .. 1096 

Compliance with domestic source requirements for footwear furnished to enlisted members of the Armed Forces upon their initial 

entry into the Armed Forces (sec. 817) ................................................ 1097 

Extension of authority for enhanced transfer of technology developed 

at Department of Defense laboratories (sec. 818) ............................... 1097 

Modified notification requirement for exercise of waiver authority 

to acquire vital national security capabilities (sec. 819) .................... 1098 

Defense cost accounting standards (sec. 820) ......................................... 1098 

Increased micro-purchase threshold applicable to Department of Defense procurements (sec. 821) ............................................................... 1098 

Enhanced competition requirements (sec. 822) ...................................... 1099 

Revision to effective date of senior executive benchmark compensation for allowable cost limitations (sec. 823) ....................................... 1099 

Treatment of independent research and development costs on certain 

contracts (sec. 824) ................................................................................ 1099 

Exception to requirement to include cost or price to the Government 

as a factor in the evaluation of proposals for certain multipleaward task or delivery order contracts (sec. 825) ............................... 1100 

Extension of program for comprehensive small business contracting 

plans (sec. 826) ....................................................................................... 1100 

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. 827) ...................................................................................... 1100 

Defense Acquisition Challenge Program amendments (sec. 828) .......... 1101 

Preference for fixed-price contracts (sec. 829) ......................................... 1101 

Requirement to use firm fixed-price contracts for foreign military 

sales (sec. 830) ....................................................................................... 1101 

Preference for performance-based contractual payments (sec. 831) ..... 1102 

Contractor incentives to achieve savings and improve mission performance (sec. 832) ................................................................................ 1102 

Sunset and repeal of certain contracting provisions (sec. 833) ............. 1102 

Flexibility in contracting award program (sec. 834) ............................... 1103 

Protection of task order competition (sec. 835) ....................................... 1103 

Contract closeout authority (sec. 836) ..................................................... 1103 

Closeout of old Department of the Navy contracts (sec. 837) ................ 1103 

Subtitle D—Provisions Relating to Major Defense Acquisition Programs .. 1104 

Change in date of submission to Congress of Selected Acquisition 

Reports (sec. 841) ................................................................................... 1104 

Amendments relating to independent cost estimation and cost analysis (sec. 842) ......................................................................................... 1104 

Revisions to Milestone B determinations (sec. 843) ............................... 1104 


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XV 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 

RELATED MATTERS—Continued 

Subtitle D—Provisions Relating to Major Defense Acquisition Programs— 

Continued 

Review and report on sustainment planning in the acquisition process (sec. 844) ........................................................................................... 1105 

Revision to distribution of annual report on operational test and 

evaluation (sec. 845) .............................................................................. 1105 

Repeal of major automated information systems provisions (sec. 846) 1105 

Revisions to definition of major defense acquisition program (sec. 

847) ......................................................................................................... 1105 

Acquisition strategy (sec. 848) .................................................................. 1106 

Improved life-cycle cost control (sec. 849) ............................................... 1106 

Authority to designate increments or blocks of items delivered under 

major defense acquisition programs as major subprograms for purposes of acquisition reporting (sec. 850) .............................................. 1107 

Reporting of small business participation on Department of Defense 

programs (sec. 851) ................................................................................ 1107 

Waiver of congressional notification for acquisition of tactical missiles 

and munitions greater than quantity specified in law (sec. 852) ...... 1108 

Multiple program multiyear contract pilot demonstration program 

(sec. 853) ................................................................................................. 1108 

Key performance parameter reduction pilot program (sec. 854) ........... 1108 

Mission integration management (sec. 855) ............................................ 1108 

Subtitle E—Provisions Relating to Acquisition Workforce ........................... 1109 

Project management (sec. 861) ................................................................. 1109 

Authority to waive tenure requirement for program managers for 

program definition and program execution periods (sec. 862) ........... 1109 

Purposes for which the Department of Defense Acquisition Workforce 

Development Fund may be used; advisory panel amendments (sec. 

863) ......................................................................................................... 1110 

Department of Defense Acquisition Workforce Development Fund determination adjustment (sec. 864) ........................................................ 1110 

Limitations on funds used for staff augmentation contracts at management headquarters of the Department of Defense and the military departments (sec. 865) .................................................................. 1111 

Senior Military Acquisition Advisors in the Defense Acquisition 

Corps (sec. 866) ...................................................................................... 1111 

Authority of the Secretary of Defense under the acquisition demonstration project (sec. 867) .................................................................. 1112 

Subtitle F—Provisions Related to Commercial Items ................................... 1112 

Market research for determination of price reasonableness in acquisition of commercial items (sec. 871) ...................................................... 1112 

Value analysis for the determination of price reasonableness (sec. 

872) ......................................................................................................... 1112 

Clarification of requirements relating to commercial item determinations (sec. 873) ....................................................................................... 1113 

Inapplicability of certain laws and regulations to the acquisition of 

commercial items and commercially available off-the-shelf items 

(sec. 874) ................................................................................................. 1113 

Use of commercial or non-Government standards in lieu of military 

specifications and standards (sec. 875) ................................................ 1113 

Preference for commercial services (sec. 876) ......................................... 1113 

Treatment of commingled items purchased by contractors as commercial items (sec. 877) ............................................................................... 1114 

Treatment of services provided by nontraditional contractors as commercial items (sec. 878) ......................................................................... 1114 

Defense pilot program for authority to acquire innovative commercial 

items, technologies, and services using general solicitation competitive procedures (sec. 879) ...................................................................... 1114 

Pilot programs for authority to acquire innovative commercial items 

using general solicitation competitive procedures (sec. 880) .............. 1115 

Subtitle G—Industrial Base Matters .............................................................. 1115 

Greater integration of the national technology industrial base (sec. 

881) ......................................................................................................... 1115 

Integration of civil and military roles in attaining national technology 

and industrial base objectives (sec. 882) .............................................. 1115 


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XVI 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 

RELATED MATTERS—Continued 

Subtitle G—Industrial Base Matters—Continued 

Pilot program for distribution support and services for weapon systems contractors (sec. 883) .................................................................... 1116 

Nontraditional and small contractor innovation prototyping program 

(sec. 884) ................................................................................................. 1116 

Subtitle H—Other Matters .............................................................................. 1116 

Report on bid protests (sec. 885) .............................................................. 1116 

Review and report on indefinite delivery contracts (sec. 886) ............... 1117 

Review and report on contractual flow-down provisions (sec. 887) ....... 1117 

Requirement and review relating to use of brand names or brandname or equivalent descriptions in solicitations (sec. 888) ................ 1117 

Inclusion of information on common grounds for sustaining bid protests in annual Government Accountability Office reports to Congress (sec. 889) ....................................................................................... 1118 

Study and report on contracts awarded to minority-owned and 

women-owned businesses (sec. 890) ..................................................... 1118 

Authority to provide reimbursable auditing services to certain nonDefense Agencies (sec. 891) ................................................................... 1118 

Selection of service providers for auditing services and audit readiness services (sec. 892) .......................................................................... 1118 

Amendments to contractor business system requirements (sec. 893) ... 1118 

Improved management practices to reduce cost and improve performance of certain Department of Defense organizations (sec. 894) ....... 1119 

Exemption from requirement for capital planning and investment 

control for information technology equipment included as integral 

part of a weapon or weapon system (sec. 895) .................................... 1119 

Modifications to pilot program for streamlining awards for innovative 

technology projects (sec. 896) ................................................................ 1119 

Rapid prototyping funds for the military departments (sec. 897) ......... 1120 

Establishment of Panel on Department of Defense and AbilityOne 

Contracting Oversight, Accountability, and Integrity; Defense Acquisition University training (sec. 898) ............................................... 1120 

Coast Guard major acquisition programs (sec. 899) ............................... 1120 

Enhanced authority to acquire products and services produced in 

Africa in support of covered activities (sec. 899A) .............................. 1121 

Legislative Provisions Not Adopted ................................................................ 1122 

Revision to authorities relating to Department of Defense Test Resource Management Center .................................................................. 1122 

Repeal of temporary suspension of public-private competitions for 

conversion of Department of Defense functions to performance by 

contractors .............................................................................................. 1122 

Requirement for policies and standard checklist in procurement of 

services ................................................................................................... 1122 

Non-traditional contractor definition ....................................................... 1122 

Revision to definition of commercial item ............................................... 1122 

Government Accountability Office bid protest reforms .......................... 1123 

Penalties for the use of cost-type contracts ............................................. 1123 

Nonapplicability of certain executive order to Department of Defense 

and National Nuclear Security Administration .................................. 1123 

Requirement that certain ship components be manufactured in the 

national technology and industrial base .............................................. 1123 

Use of economy-wide inflation index to calculate percentage increase 

in unit costs ............................................................................................ 1123 

Modifications to the justification and approval process for certain 

sole-source contracts for small business concerns ............................... 1124 

Briefing on design-build construction process for defense contracts ..... 1124 

Assessment of outreach for small business concerns owned and controlled by women and minorities required before conversion of certain functions to contractor performance ............................................. 1124 

Enhanced use of data analytics to improve acquisition program outcomes ...................................................................................................... 1125 

Department of Defense exemptions from certain regulations ............... 1126 

Use of non-cost type contracts to acquire commercial items ................. 1126 

Modified requirements for distribution of assistance under procurement technical assistance cooperative agreements ............................. 1127 


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XVII 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 

RELATED MATTERS—Continued 

Legislative Provisions Not Adopted—Continued 

Working capital fund for precision guided munitions exports in support of contingency operations .............................................................. 1127 

Director of Developmental Test and Evaluation ..................................... 1127 

Improved transparency and oversight over Department of Defense 

research, development, test, and evaluation efforts and procurement activities related to medical research ......................................... 1129 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT .................................................................................................................... 1129 

Subtitle A—Office of the Secretary of Defense and Related Matters .......... 1129 

Organization of the Office of the Secretary of Defense (sec. 901) ......... 1129 

Responsibilities and reporting of the Chief Information Officer of 

the Department of Defense (sec. 902) .................................................. 1131 

Maximum number of personnel in Office of the Secretary of Defense 

and other Department of Defense headquarters offices (sec. 903) .... 1132 

Repeal of Financial Management Modernization Executive Committee (sec. 904) ........................................................................................... 1132 

Subtitle B—Organization and Management of the Department of Defense 

Generally ....................................................................................................... 1133 

Organizational Strategy for the Department of Defense (sec. 911) ...... 1133 

Policy, organization, and management goals and priorities of the 

Secretary of Defense for the Department of Defense (sec. 912) ......... 1134 

Secretary of Defense delivery unit (sec. 913) .......................................... 1134 

Performance of civilian functions by military personnel (sec. 914) ....... 1134 

Repeal of requirements relating to efficiencies plan for the civilian 

personnel workforce and service contractor workforce of the Department of Defense (sec. 915) ............................................................. 1135 

Subtitle C—Joint Chiefs of Staff and Combatant Command Matters ......... 1135 

Joint Chiefs of Staff and related combatant command matters (sec. 

921) ......................................................................................................... 1135 

Organization of the Department of Defense for management of special operations forces and special operations (sec. 922) ...................... 1136 

Establishment of Unified Combatant Command for Cyber Operations 

(sec. 923) ................................................................................................. 1138 

Assigned forces of the combatant commands (sec. 924) ......................... 1139 

Modifications to the requirements process (sec. 925) ............................. 1139 

Assessments of combatant command structure (sec. 926) ..................... 1140 

Subtitle D—Organization and Management of Other Department of Defense Offices and Elements .......................................................................... 1141 

Qualifications for appointment of the Secretaries of the military departments (sec. 931) .............................................................................. 1141 

Enhanced personnel management authorities for the Chief of the 

National Guard Bureau (sec. 932) ........................................................ 1141 

Reorganization and redesignation of Office of Family Policy and Office of Community Support for Military Families with Special 

Needs (sec. 933) ..................................................................................... 1141 

Redesignation of Assistant Secretary of the Air Force for Acquisition 

as Assistant Secretary of the Air Force for Acquisition, Technology, 

and Logistics (sec. 934) .......................................................................... 1141 

Subtitle E—Strategies, Reports, and Related Matters .................................. 1142 

National Defense Strategy (sec. 941) ....................................................... 1142 

Commission on the National Defense Strategy for the United States 

(sec. 942) ................................................................................................. 1142 

Reform of the national military strategy (sec. 943) ................................ 1142 

Form of annual national security strategy report (sec. 944) ................. 1142 

Modification to independent study of national security strategy formulation process (sec. 945) ................................................................... 1143 

Subtitle F—Other Matters ............................................................................... 1143 

Enhanced security programs for Department of Defense personnel 

and innovation initiatives (sec. 951) .................................................... 1143 

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. 952) .............. 1143 


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TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT—Continued 

Subtitle F—Other Matters—Continued 

Modifications to requirements for accounting for members of the 

Armed Forces and Department of Defense civilian employees listed 

as missing (sec. 953) .............................................................................. 1144 

Modifications to corrosion report (sec. 954) ............................................. 1144 

Legislative Provisions Not Adopted ................................................................ 1144 

Sense of Congress on Goldwater-Nichols Reform ................................... 1144 

Authority to employ civilian faculty members at Joint Special Operations University ................................................................................... 1144 

Public release by inspectors general of reports of misconduct .............. 1144 

Redesignation of the Department of the Navy as the Department 

of the Navy and Marine Corps ............................................................. 1145 

TITLE X—GENERAL PROVISIONS ..................................................................... 1145 

Subtitle A—Financial Matters ........................................................................ 1145 

General transfer authority (sec. 1001) .................................................... 1145 

Report on auditable financial statements (sec. 1002) ............................ 1145 

Increased use of commercial data integration and analysis products 

for the purpose of preparing financial statement audits (sec. 1003) . 1146 

Sense of Congress on sequestration (sec. 1004) ...................................... 1146 

Requirement to transfer funds from Department of Defense Acquisition Workforce Development Fund to the Treasury (sec. 1005) ........ 1146 

Subtitle B—Counter-Drug Activities .............................................................. 1146 

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. 1011) ............ 1146 

Secretary of Defense review of curricula and program structures 

of National Guard counterdrug schools (sec. 1012) ............................ 1147 

Extension of authority to support unified counterdrug and counterterrorism campaign in Colombia (sec. 1013) ............................................ 1147 

Enhancement of information sharing and coordination of military 

training between Department of Homeland Security and Department of Defense (sec. 1014) .................................................................. 1148 

Subtitle C—Naval Vessels and Shipyards ...................................................... 1148 

Definition of short-term work with respect to overhaul, repair, or 

maintenance of naval vessels (sec. 1021) ............................................. 1148 

Warranty requirements for shipbuilding contracts (sec. 1022) ............. 1148 

National Sea-Based Deterrence Fund (sec. 1023) ................................... 1149 

Availability of funds for retirement or inactivation of Ticonderogaclass cruisers or dock landing ships (sec. 1024) .................................. 1149 

Subtitle D—Counterterrorism ......................................................................... 1150 

Frequency of counterterrorism operations briefings (sec. 1031) ............ 1150 

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. 1032) ............................................................ 1150 

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. 1033) ............................ 1150 

Prohibition on use of funds for transfer or release to certain countries 

of individuals detained at United States Naval Station, Guantanamo Bay, Cuba (sec. 1034) .................................................................. 1151 

Prohibition on use of funds for realignment of forces at or closure 

of United States Naval Station, Guantanamo Bay, Cuba (sec. 

1035) ....................................................................................................... 1151 

Subtitle E—Miscellaneous Authorities and Limitations ............................... 1151 

Expanded authority for transportation by the Department of Defense 

of non-Department of Defense personnel and cargo (sec. 1041) ........ 1151 

Reduction in minimum number of Navy carrier air wings and carrier 

air wing headquarters required to be maintained (sec. 1042) ........... 1151 

Modification to support for non-Federal development and testing of 

material for chemical agent defense (sec. 1043) .................................. 1152 

Protection of certain Federal spectrum operations (sec. 1044) .............. 1152 

Prohibition on use of funds for retirement of legacy maritime mine 

countermeasures platforms (sec. 1045) ................................................ 1152 

Extension of authority of Secretary of Transportation to issue nonpremium aviation insurance (sec. 1046) .............................................. 1152 


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XIX 

TITLE X—GENERAL PROVISIONS—Continued 

Subtitle E—Miscellaneous Authorities and Limitations—Continued 

Evaluation of Navy alternate combination cover and unisex combination cover (sec. 1047) ............................................................................. 1153 

Independent evaluation of Department of Defense excess property 

program (sec. 1048) ................................................................................ 1153 

Waiver of certain polygraph examination requirements (sec. 1049) ..... 1154 

Use of transportation worker identification credential to gain access 

at Department of Defense installations (sec. 1050) ............................ 1154 

Limitation on availability of funds for destruction of certain landmines and briefing on development of replacement anti-personnel 

landmine munitions (sec. 1051) ............................................................ 1154 

Transition of Air Force to operation of remotely piloted aircraft by 

enlisted personnel (sec. 1052) ............................................................... 1155 

Prohibition on divestment of Marine Corps Search and Rescue Units 

(sec. 1053) ............................................................................................... 1155 

Support for the Associate Director of Central Intelligence for Military 

Affairs (sec. 1054) .................................................................................. 1155 

Notification on the provision of defense sensitive support (sec. 1055) .. 1155 

Prohibition on enforcement of military commission rulings preventing 

members of the Armed Forces from carrying out otherwise lawful 

duties based on member sex (sec. 1056) .............................................. 1156 

Congressional notification requirements for sensitive military operations (sec. 1057) .................................................................................... 1156 

Subtitle F—Studies and Reports ..................................................................... 1156 

Temporary continuation of certain Department of Defense reporting 

requirements (sec. 1061) ....................................................................... 1156 

Reports on programs managed under alternative compensatory control measures in the Department of Defense (sec. 1062) .................... 1156 

Matters for inclusion in report on designation of countries for which 

rewards may be paid under Department of Defense rewards program (sec. 1063) ..................................................................................... 1157 

Annual reports on unfunded priorities of the Armed Forces and the 

combatant commands and annual report on combatant command 

requirements (sec. 1064) ....................................................................... 1157 

Management and reviews of electromagnetic spectrum (sec. 1065) ...... 1157 

Requirement for notice and reporting to Committees on Armed Services of certain expenditures of funds by Defense Intelligence Agency (sec. 1066) .......................................................................................... 1158 

Congressional notification of biological select agent and toxin theft, 

loss, or release involving the Department of Defense (sec. 1067) ...... 1158 

Report on service-provided support and enabling capabilities to 

United States special operations forces (sec. 1068) ............................ 1158 

Report on citizen security responsibilities in the Northern Triangle 

of Central America (sec. 1069) .............................................................. 1158 

Report on counterproliferation activities and programs (sec. 1070) ..... 1159 

Report on testing and integration of minehunting sonar systems to 

improve Littoral Combat Ship minehunting capabilities (sec. 1071) 1159 

Quarterly reports on parachute jumps conducted at Fort Bragg and 

Pope Army Airfield and Air Force support for such jumps (sec. 

1072) ....................................................................................................... 1159 

Study on military helicopter noise (sec. 1073) ........................................ 1159 

Independent review of United States military strategy and force posture in the United States Pacific Command area of responsibility 

(sec. 1074) ............................................................................................... 1159 

Assessment of the joint ground forces of the Armed Forces (sec. 

1075) ....................................................................................................... 1160 

Subtitle G—Other Matters .............................................................................. 1160 

Technical and clerical amendments (sec. 1081) ...................................... 1160 

Increase in maximum amount available for equipment, services, and 

supplies provided for humanitarian demining assistance (sec. 

1082) ....................................................................................................... 1160 

Liquidation of unpaid credits accrued as a result of transactions 

under a cross-servicing agreement (sec. 1083) .................................... 1161 

Modification of requirements relating to management of military 

technicians (sec. 1084) ........................................................................... 1161 

Streamlining of the National Security Council (sec. 1085) .................... 1161 


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XX 

TITLE X—GENERAL PROVISIONS—Continued 

Subtitle G—Other Matters—Continued 

National biodefense strategy (sec. 1086) ................................................. 1161 

Global Cultural Knowledge Network (sec. 1087) .................................... 1162 

Sense of Congress regarding Connecticut’s Submarine Century (sec. 

1088) ....................................................................................................... 1162 

Sense of Congress regarding the reporting of the MV–22 mishap 

in Marana, Arizona, on April 8, 2000 (sec. 1089) ............................... 1162 

Cost of wars (sec. 1090) ............................................................................ 1162 

Reconnaissance Strike Group matters (sec. 1091) .................................. 1162 

Border security metrics (sec. 1092) .......................................................... 1163 

Program to commemorate the 100th anniversary of the Tomb of 

the Unknown Soldier (sec. 1093) .......................................................... 1163 

Sense of Congress regarding the OCONUS basing of the KC–46A 

aircraft (sec. 1094) ................................................................................. 1163 

Designation of a Department of Defense Strategic Arctic Port (sec. 

1095) ....................................................................................................... 1163 

Recovery of Excess Rifles, Ammunition, and Parts Granted to Foreign 

Countries and Transfer to Certain Persons (sec. 1096) ...................... 1164 

Legislative Provisions Not Adopted ................................................................ 1164 

Delegation to Chairman of Joint Chiefs of Staff of authority to direct 

transfer of forces .................................................................................... 1164 

Management of Defense clandestine human intelligence collection ..... 1164 

Extension of authority to provide additional support for counterdrug activities of foreign governments ................................................. 1164 

Funding for counter narcotics operations ................................................ 1165 

Report on efforts of United States Southern Command to detect 

and monitor drug trafficking ................................................................ 1165 

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 ...... 1165 

Designing and planning related to construction of certain facilities 

in the United States .............................................................................. 1166 

Authority to transfer individuals detained at United States Naval 

Station, Guantanamo Bay, Cuba, to the United States temporarily 

for emergency or critical medical treatment ....................................... 1166 

Authority for Article III judges to take certain actions relating to 

individuals detained at United States Naval Station, Guantanamo 

Bay, Cuba ............................................................................................... 1166 

Requirement for Memorandum of Understanding Regarding Transfer 

of Detainees ............................................................................................ 1166 

Limitation on transfer of detainees at United States Naval Station, 

Guantanamo Bay, Cuba, pending a report on their terrorist actions 

and affiliations ....................................................................................... 1166 

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 .......... 1167 

Restrictions on the overhaul and repair of vessels in foreign shipyards ....................................................................................................... 1167 

Restrictions on use of rocket engines from the Russian Federation 

for space launch of national security satellites ................................... 1167 

Limitations on use of rocket engines from the Russian Federation 

to achieve assured access to space ....................................................... 1167 

Transportation on military aircraft on a space-available basis for 

members and former members of the Armed Forces with disabilities rated as total .................................................................................. 1167 

National Guard flyovers of public events ................................................ 1168 

Application of Freedom of Information Act to the National Security 

Council .................................................................................................... 1168 

Exemption of information on military tactics, techniques, and procedures from release under Freedom of Information Act ...................... 1168 

Annual report on personnel, training, and equipment requirements 

for the non-federalized National Guard to support civilian authorities in prevention and response to domestic disasters ....................... 1169 

Briefing on criteria for determining locations of Air Force Installation 

and Mission Support Center headquarters ......................................... 1169 

Briefing on real property inventory ......................................................... 1169 


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XXI 

TITLE X—GENERAL PROVISIONS—Continued 

Legislative Provisions Not Adopted—Continued 

Report on adjustment and diversification assistance ............................. 1169 

Briefing on the protection of personally identifying information of 

members of the Armed Forces .............................................................. 1170 

Report on priorities for bed downs, basing criteria, and special mission units for C–130J aircraft of the Air Force ................................... 1171 

Clarification of contracts covered by airlift service provision ................ 1171 

LNG permitting certainty and transparency .......................................... 1171 

Transfer of surplus firearms to Corporation for the Promotion of 

Rifle Practice and Firearms Safety ...................................................... 1171 

Sense of Congress regarding the importance of Panama City, Florida, 

to the history and future of the Armed Forces .................................... 1172 

Protection against misuse of Naval Special Warfare Command insignia ........................................................................................................... 1172 

Protections relating to civil rights and disabilities ................................ 1172 

Determination and disclosure of transportation costs incurred by Secretary of Defense for congressional trips outside the United States . 1172 

Sense of Congress regarding American veterans disabled for life ........ 1173 

Maritime Occupational Safety and Health Advisory Committee .......... 1173 

Sense of Congress regarding United States Northern Command Preparedness ................................................................................................ 1173 

Workforce issues for relocation of marines to Guam .............................. 1173 

Review of Department of Defense debt collection regulations ............... 1174 

Importance of role played by women in World War II ........................... 1174 

Prohibition on modification, abrogation, or other related actions with 

respect to United States jurisdiction and control over United States 

Naval Station, Guantanamo Bay, Cuba, without congressional action .......................................................................................................... 1174 

Pilot’s Bill of Rights 2 ............................................................................... 1175 

Comprehensive strategy for detention of certain individuals ................ 1175 

Declassification of information on past terrorist activities of detainees 

transferred from United States Naval Station, Guantanamo Bay, 

Cuba ........................................................................................................ 1175 

TITLE XI—CIVILIAN PERSONNEL MATTERS ................................................. 1175 

Subtitle A—Department of Defense Matters Generally ................................ 1175 

Civilian personnel management (sec. 1101) ............................................ 1175 

Repeal of requirement for annual strategic workforce plan for the 

Department of Defense (sec. 1102) ....................................................... 1176 

Training for employment personnel of Department of Defense on 

matters relating to authorities for recruitment and retention at 

United States Cyber Command (sec. 1103) ......................................... 1176 

Public-private talent exchange (sec. 1104) .............................................. 1176 

Temporary and term appointments in the competitive service in the 

Department of Defense (sec. 1105) ....................................................... 1177 

Direct-hire authority for the Department of Defense for post-secondary students and recent graduates (sec. 1106) .............................. 1177 

Temporary increase in maximum amount of voluntary separation 

incentive pay authorized for civilian employees of the Department 

of Defense (sec. 1107) ............................................................................ 1177 

Extension of the rate of overtime pay for Department of the Navy 

employees performing work aboard or dockside in support of the 

nuclear-powered aircraft carrier forward deployed in Japan (sec. 

1108) ....................................................................................................... 1178 

Limitation on number of DOD SES positions (sec. 1109) ...................... 1178 

Direct hire authority for financial management experts into the Department of Defense workforce (sec. 1110) .......................................... 1178 

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) ........................................................................ 1179 

Subtitle B—Department of Defense Science and Technology Laboratories 

and Related Matters ..................................................................................... 1179 

Permanent personnel management authority for the Department of 

Defense for experts in science and engineering (sec. 1121) ............... 1179 

Codification and modification of certain authorities for certain positions at Department of Defense research and engineering laboratories (sec. 1122) ........................................................................................ 1179 


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XXII 

TITLE XI—CIVILIAN PERSONNEL MATTERS—Continued 

Subtitle B—Department of Defense Science and Technology Laboratories 

and Related Matters—Continued 

Modification to information technology personnel exchange program 

(sec. 1123) ............................................................................................... 1179 

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. 1124) ............................ 1180 

Temporary direct hire authority for domestic defense industrial base 

facilities, the Major Range and Test Facilities Base, and the Office 

of the Director of Operational Test and Evaluation (sec. 1125) ........ 1180 

Subtitle C—Government-Wide Matters .......................................................... 1180 

Elimination of two-year eligibility limitation for noncompetitive appointment of spouses of members of the Armed Forces (sec. 1131) .. 1180 

Temporary personnel flexibilities for domestic defense industrial base 

facilities and Major Range and Test Facilities Base civilian personnel (sec. 1132) ................................................................................... 1181 

One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat 

zone (sec. 1133) ...................................................................................... 1181 

Advance payments for employees relocating within the United States 

and its territories (sec. 1134) ................................................................ 1181 

Eligibility of employees in a time-limited appointment to compete 

for a permanent appointment at any Federal agency (sec. 1135) ...... 1181 

Review of official personnel file of former Federal employee before 

rehiring (sec. 1136) ................................................................................ 1181 

One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian 

employees working overseas (sec. 1137) .............................................. 1182 

Administrative leave (sec. 1138) .............................................................. 1182 

Direct hiring for Federal wage schedule employees (sec. 1139) ............ 1182 

Record of investigation of personnel action in separated employee’s 

official personnel file (sec. 1140) ........................................................... 1183 

Legislative Provisions Not Adopted ................................................................ 1183 

Treatment of certain localities for calculation of per diem allowances . 1183 

Pilot programs on career sabbaticals for Department of Defense civilian employees ......................................................................................... 1183 

Report on Department of Defense civilian workforce personnel and 

contractors .............................................................................................. 1183 

Appointment authority for uniquely qualified prevailing rate employees ........................................................................................................... 1183 

Limitation on preference eligible hiring preferences for permanent 

employees in the competitive service ................................................... 1183 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS .......................... 1184 

Subtitle A—Assistance and Training .............................................................. 1184 

One-year extension of logistical support for coalition forces supporting certain United States military operations (sec. 1201) ........... 1184 

Special Defense Acquisition Fund matters (sec. 1202) ........................... 1185 

Codification of authority for support of special operations to combat 

terrorism (sec. 1203) .............................................................................. 1185 

Independent evaluation of Strategic Framework for Department of 

Defense security cooperation (sec. 1204) .............................................. 1186 

Sense of Congress regarding an assessment, monitoring, and evaluation framework for security cooperation (sec. 1205) ........................... 1186 

Subtitle B—Matters Relating to Afghanistan and Pakistan ........................ 1186 

Extension and modification of Commanders’ Emergency Response 

Program (sec. 1211) ............................................................................... 1186 

Extension of authority to acquire products and services produced 

in countries along a major route of supply to Afghanistan (sec. 

1212) ....................................................................................................... 1187 

Extension and modification of authority to transfer defense articles 

and provide defense services to the military and security forces 

of Afghanistan (sec. 1213) ..................................................................... 1187 

Special immigrant status for certain Afghans (sec. 1214) ..................... 1187 

Modification to semiannual report on enhancing security and stability in Afghanistan (sec. 1215) ........................................................... 1187 


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XXIII 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS—Continued 

Subtitle B—Matters Relating to Afghanistan and Pakistan—Continued 

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. 1216) ........... 1188 

Improvement of oversight of United States Government efforts in 

Afghanistan (sec. 1217) ......................................................................... 1188 

Extension and modification of authority for reimbursement of certain 

coalition nations for support provided to United States military 

operations (sec. 1218) ............................................................................ 1188 

Subtitle C—Matters Relating to Syria, Iraq, and Iran ................................. 1190 

Modification and extension of authority to provide assistance to the 

vetted Syrian opposition (sec. 1221) ..................................................... 1190 

Modification and extension of authority to provide assistance to 

counter the Islamic State of Iraq and the Levant (sec. 1222) ............ 1190 

Extension and modification of authority to support operations and 

activities of the Office of Security Cooperation in Iraq (sec. 1223) ... 1191 

Limitation on provision of man-portable air defense systems to the 

vetted Syrian opposition during fiscal year 2017 (sec. 1224) ............. 1191 

Modification of annual report on military power of Iran (sec. 1225) .... 1191 

Quarterly report on confirmed ballistic missile launches from Iran 

(sec. 1226) ............................................................................................... 1192 

Subtitle D—Matters Relating to the Russian Federation ............................. 1192 

Military response options to Russian Federation violation of INF 

Treaty (sec. 1231) ................................................................................... 1192 

Limitation on military cooperation between the United States and 

the Russian Federation (sec. 1232) ...................................................... 1193 

Extension and modification of authority on training for Eastern European national military forces in the course of multilateral exercises 

(sec. 1233) ............................................................................................... 1193 

Prohibition on availability of funds relating to sovereignty of the 

Russian Federation over Crimea (sec. 1234) ....................................... 1194 

Annual report on military and security developments involving the 

Russian Federation (sec. 1235) ............................................................. 1194 

Limitation on use of funds to vote to approve or otherwise adopt 

any implementing decision of the Open Skies Consultative Commission and related requirements (sec. 1236) ..................................... 1194 

Extension and enhancement of Ukraine Security Assistance Initiative 

(sec. 1237) ............................................................................................... 1195 

Subtitle E—Reform of Department of Defense Security Cooperation .......... 1196 

Enactment of new chapter for defense security cooperation (sec. 

1241) ....................................................................................................... 1196 

Military-to-military exchanges (sec. 1242) .............................................. 1200 

Consolidation and revision of authorities for payment of personnel 

expenses necessary for theater security cooperation (sec. 1243) ....... 1200 

Transfer and revision of certain authorities on payment of expenses 

of training and exercises with friendly foreign forces (sec. 1244) ...... 1200 

Transfer and revision of authority to provide operational support 

to forces of friendly foreign countries (sec. 1245) ................................ 1201 

Department of Defense State Partnership Program (sec. 1246) ........... 1201 

Transfer of authority on regional defense combating terrorism fellowship program (sec. 1247) ....................................................................... 1201 

Consolidation of authorities for service academy international engagement (sec. 1248) ............................................................................. 1202 

Consolidated annual budget for security cooperation programs and 

activities of the Department of Defense (sec. 1249) ............................ 1202 

Department of Defense security cooperation workforce development 

(sec. 1250) ............................................................................................... 1202 

Reporting requirements (sec. 1251) ......................................................... 1204 

Quadrennial Review of Security Sector Assistance Program and Authorities of the United States Government (sec. 1252) ...................... 1204 

Other conforming amendments and authority for administration (sec. 

1253) ....................................................................................................... 1204 

Subtitle F—Human Rights Sanctions ............................................................. 1204 

Global Magnitsky Human Rights Accountability Act (secs. 1261– 

1265) ....................................................................................................... 1204 

Subtitle G—Miscellaneous Reports ................................................................. 1205 


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TITLE XII—MATTERS RELATING TO FOREIGN NATIONS—Continued 

Subtitle G—Miscellaneous Reports—Continued 

Modification of annual report on military and security developments 

involving the People’s Republic of China (sec. 1271) .......................... 1205 

Monitoring and evaluation of overseas humanitarian, disaster, and 

civic aid programs of the Department of Defense (sec. 1272) ............ 1205 

Strategy for United States defense interests in Africa (sec. 1273) ....... 1205 

Report on the potential for cooperation between the United States 

and Israel on directed energy capabilities (sec. 1274) ........................ 1205 

Annual update of Department of Defense Freedom of Navigation 

Report (sec. 1275) .................................................................................. 1206 

Reports on INF Treaty and Open Skies Treaty (sec. 1276) ................... 1206 

Assessment of proliferation of certain remotely piloted aircraft systems (sec. 1277) ...................................................................................... 1206 

Subtitle H—Other Matters .............................................................................. 1207 

Enhancement of interagency support during contingency operations 

and transition periods (sec. 1281) ........................................................ 1207 

Two-year extension and modification of authorization of non-conventional assisted recovery capabilities (sec. 1282) .................................. 1207 

Authority to destroy certain specified World War II-era United 

States-origin chemical munitions located on San Jose Island, Republic of Panama (sec. 1283) ................................................................ 1207 

Sense of Congress on military exchanges between the United States 

and Taiwan (sec. 1284) .......................................................................... 1208 

Limitation on availability of funds to implement the Arms Trade 

Treaty (sec. 1285) ................................................................................... 1208 

Prohibition on use of funds to invite, assist, or otherwise assure 

the participation of Cuba in certain joint or multilateral exercises 

(sec. 1286) ............................................................................................... 1208 

Global Engagement Center (sec. 1287) .................................................... 1209 

Modification of United States International Broadcasting Act of 1994 

(sec. 1288) ............................................................................................... 1209 

Redesignation of South China Sea Initiative (sec. 1289) ....................... 1210 

Measures against persons involved in activities that violate arms 

control treaties or agreements with the United States (sec. 1290) ... 1210 

Agreements with foreign governments to develop land-based water 

resources in support of and in preparation for contingency operations (sec. 1291) .................................................................................... 1211 

Enhancing defense and security cooperation with India (sec. 1292) .... 1211 

Coordination of efforts to develop free trade agreements with subSaharan African countries (sec. 1293) ................................................. 1212 

Extension and expansion of authority to support border security operations of certain foreign countries (sec. 1294) ..................................... 1212 

Modification and clarification of United States-Israel anti-tunnel cooperation authority (sec. 1295) ............................................................. 1212 

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 (sec. 1296) 1213 

International sales process improvements (sec. 1297) ........................... 1213 

Efforts to end modern slavery (sec. 1298) ............................................... 1213 

Legislative Provisions Not Adopted ................................................................ 1213 

Modification and extension of authority to conduct activities to enhance the capability of foreign countries to respond to incidents 

involving weapons of mass destruction ................................................ 1213 

Report on the prohibition on use of funds for assistance to units 

of foreign security forces that have committed a gross violation 

of human rights ..................................................................................... 1214 

Sense of Congress on United States policy and strategy in Afghanistan ......................................................................................................... 1214 

Sense of Congress relating to Dr. Shakil Afridi ..................................... 1215 

Report on access to financial records of the Government of Afghanistan to audit the use of funds for assistance for Afghanistan ........... 1215 

Report on prevention of future terrorist organizations in Iraq and 

Syria ........................................................................................................ 1215 

Semiannual report on integration of political and military strategies 

against ISIL ........................................................................................... 1216 


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XXV 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS—Continued 

Legislative Provisions Not Adopted—Continued 

Sense of Congress condemning continuing attacks on medical facilities in Syria ............................................................................................ 1217 

Sense of Congress on business practices of the Islamic State of Iraq 

and Syria ................................................................................................ 1217 

Statement of policy on United States efforts in Europe to reassure 

United States partners and allies and deter aggression by the 

Government of the Russian Federation ............................................... 1217 

European investment in security and stability ....................................... 1218 

Sense of Senate on European Deterrence Initiative ............................... 1219 

Modification and extension of report on military assistance to 

Ukraine ................................................................................................... 1219 

Sense of Congress on malign activities of the Government of Iran ...... 1219 

Inclusion of the Philippines among allied countries with whom 

United States may enter into cooperative military airlift agreements ...................................................................................................... 1220 

Sense of Congress on trilateral cooperation between Japan, South 

Korea, and the United States ............................................................... 1220 

Sense of Congress on cooperation between Singapore and the United 

States ...................................................................................................... 1220 

United States policy on Taiwan ............................................................... 1220 

Sense of Congress on military relations between Vietnam and the 

United States ......................................................................................... 1221 

Annual report on foreign military sales to Taiwan ................................ 1221 

Sense of Congress in support of a denuclearized Korean peninsula ..... 1222 

Authority to grant observer status to the military forces of Taiwan 

at RIMPAC exercises ............................................................................. 1222 

Sense of Congress on commitment to the Republic of Palau ................. 1222 

Sense of Congress on support for Estonia, Latvia, and Lithuania ........ 1222 

Sense of Congress on security sector assistance ..................................... 1223 

Sense of Congress on support for Georgia ............................................... 1223 

Sense of Congress regarding on July 2016 NATO Summit in Warsaw, 

Poland ..................................................................................................... 1223 

Report on violence and cartel activity in Mexico .................................... 1223 

Opportunities to equip certain foreign military entities ........................ 1223 

Sense of Congress regarding the role of the United States in the 

North Atlantic Treaty Organization ..................................................... 1224 

Authorization of United States assistance to Israel ............................... 1224 

Department of Defense report on cooperation between Iran and the 

Russian Federation ................................................................................ 1224 

Report on maintenance by Israel of a robust independent capability 

to remove existential security threats ................................................. 1225 

Report on use by the Government of Iran of commercial aircraft 

and related services for illicit military or other activities .................. 1225 

Extension of reporting requirements on the use of certain Iranian 

seaports by foreign vessels and use of foreign airports by sanctioned Iranian air carriers .................................................................... 1225 

Sense of Congress on integrated ballistic missile defense system for 

GCC partner countries, Jordan, Egypt and Israel .............................. 1225 

Authority to provide assistance and training to increase maritime 

security and domain awareness of foreign countries bordering the 

Persian Gulf, Arabian Sea, or Mediterranean Sea ............................. 1226 

Report on efforts to combat Boko Haram in Nigeria and the Lake 

Chad Basin ............................................................................................. 1226 

Security Cooperation Enhancement Fund .............................................. 1227 

Coordination between Department of Defense and Department of 

State on certain security cooperation and security assistance programs and activities .............................................................................. 1227 

United Nations processing center in Erbil, Iraqi Kurdistan, to assist 

internationally-displaced communities ................................................ 1227 

TITLE XIII—COOPERATIVE THREAT REDUCTION ....................................... 1227 

Specification of Cooperative Threat Reduction funds (sec. 1301) .......... 1227 

Funding allocations (sec. 1302) ................................................................ 1227 

Limitation on availability of funds for Cooperative Threat Reduction 

in People’s Republic of China (sec. 1303) ............................................. 1228 

TITLE XIV—OTHER AUTHORIZATIONS ........................................................... 1228 


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TITLE XIV—OTHER AUTHORIZATIONS—Continued 

Subtitle A—Military Programs ........................................................................ 1228 

Working Capital Funds (sec. 1401) .......................................................... 1228 

Chemical Agents and Munitions Destruction, Defense (sec. 1402) ....... 1228 

Drug Interdiction and Counter-Drug Activities, Defense-Wide (sec. 

1403) ....................................................................................................... 1229 

Defense Inspector General (sec. 1404) ..................................................... 1229 

Defense Health Program (sec. 1405) ........................................................ 1229 

Subtitle B—National Defense Stockpile ......................................................... 1229 

Authority to dispose of certain materials from and to acquire additional materials for the National Defense Stockpile (sec. 1411) ........ 1229 

National Defense Stockpile matters (sec. 1412) ...................................... 1229 

Subtitle C—Chemical Demilitarization Matters ............................................ 1230 

National Academies of Sciences study on conventional munitions demilitarization alternative technologies (sec. 1421) .............................. 1230 

Subtitle D—Other Matters .............................................................................. 1230 

Authority for transfer of funds to Joint Department of DefenseDepartment of Veterans Affairs Medical Facility Demonstration 

Fund for Captain James A. Lovell Health Care Center, Illinois 

(sec. 1431) ............................................................................................... 1230 

Authorization of appropriations for Armed Forces Retirement Home 

(sec. 1432) ............................................................................................... 1230 

Legislative Provisions Not Adopted ................................................................ 1231 

National Defense Sealift Fund ................................................................. 1231 

National Sea-Based Deterrence Fund ..................................................... 1231 

Security Cooperation Enhancement Fund .............................................. 1231 

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR 

OVERSEAS CONTINGENCY OPERATIONS ................................................... 1231 

Subtitle A—Authorization of Appropriations ................................................. 1231 

Purpose and treatment of certain authorizations of appropriations 

(sec. 1501) ............................................................................................... 1231 

Procurement (sec. 1502) ............................................................................ 1231 

Research, development, test, and evaluation (sec. 1503) ....................... 1232 

Operation and maintenance (sec. 1504) .................................................. 1232 

Military personnel (sec. 1505) .................................................................. 1232 

Working capital funds (sec. 1506) ............................................................ 1232 

Drug Interdiction and Counter-Drug Activities, Defense-wide (sec. 

1507) ....................................................................................................... 1232 

Defense Inspector General (sec. 1508) ..................................................... 1233 

Defense Health program (sec. 1509) ........................................................ 1233 

Subtitle B—Financial Matters ........................................................................ 1233 

Treatment as additional authorizations (sec. 1511) ............................... 1233 

Special transfer authority (sec. 1512) ...................................................... 1233 

Subtitle C—Limitations, Reports, and Other Matters .................................. 1234 

Afghanistan Security Forces Fund (sec. 1521) ........................................ 1234 

Joint Improvised Explosive Device Defeat Fund (sec. 1522) ................. 1234 

Extension of authority to use Joint Improvised Explosive Device Defeat Fund for training of foreign security forces to defeat improvised explosive devices (sec. 1523) ....................................................... 1235 

Overseas contingency operations (sec. 1524) .......................................... 1236 

Extension and modification of authorities on Counterterrorism Partnerships Fund (sec. 1525) ..................................................................... 1236 

Legislative Provisions Not Adopted ................................................................ 1236 

Counterterrorism Partnerships Fund ...................................................... 1236 

Security Cooperation Enhancement Fund .............................................. 1236 

Codification of Office of Management and Budget criteria .................... 1236 

TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE 

MATTERS ............................................................................................................. 1237 

Subtitle A—Space Activities ............................................................................ 1237 

Repeal of provision permitting the use of rocket engines from the 

Russian Federation for the evolved expendable launch vehicle program (sec. 1601) ..................................................................................... 1237 

Exception to the prohibition on contracting with Russian suppliers 

of rocket engines for the evolved expendable launch vehicle program (sec. 1602) ..................................................................................... 1237 

Rocket propulsion system to replace RD–180 (sec. 1603) ...................... 1237 

Plan for use of allied launch vehicles (sec. 1604) ................................... 1238 


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XXVII 

TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE 

MATTERS—Continued 

Subtitle A—Space Activities—Continued 

Analysis of alternatives for wide-band communications (sec. 1605) ..... 1238 

Modification to pilot program for acquisition of commercial satellite 

communications services (sec. 1606) .................................................... 1239 

Space-based environmental monitoring (sec. 1607) ................................ 1239 

Prohibition on use of certain non-allied positioning, navigation, and 

timing systems (sec. 1608) .................................................................... 1239 

Limitation of availability of funds for the Joint Space Operations 

Center Mission System (sec. 1609) ....................................................... 1240 

Limitation on availability of funds for the Global Positioning System 

Next Generation Operational Control System (sec. 1610) ................. 1240 

Availability of funds for certain secure voice conferencing capabilities 

(sec. 1611) ............................................................................................... 1241 

Space-based infrared system and advanced extremely high frequency 

program (sec. 1612) ................................................................................ 1241 

Pilot program on commercial weather data (sec. 1613) ......................... 1241 

Plans on transfer of acquisition and funding authority of certain 

weather missions to National Reconnaissance Office (sec. 1614) ...... 1242 

Five-year plan for Joint Interagency Combined Space Operations 

Center (sec. 1615) .................................................................................. 1242 

Organization and management of national security space activities 

of the Department of Defense (sec. 1616) ............................................ 1242 

Review of charter of Operationally Responsive Space Program Office 

(sec. 1617) ............................................................................................... 1243 

Backup and complementary positioning, navigation, and timing capabilities of Global Positioning System (sec. 1618) ................................. 1243 

Report on use of spacecraft assets of the space-based infrared system 

wide-field-of-view program (sec. 1619) ................................................. 1243 

Provision of certain information to Government Accountability Office 

by National Reconnaissance Office (sec. 1620) .................................... 1244 

Cost-benefit analysis of commercial use of excess ballistic missile 

solid rocket motors (sec. 1621) .............................................................. 1244 

Independent assessment of Global Positioning System Next Generation Operational Control System (sec. 1622) ....................................... 1244 

Subtitle B—Defense Intelligence and Intelligence-Related Activities ......... 1245 

Report on United States Central Command Intelligence Fusion Center (sec. 1631) ......................................................................................... 1245 

Prohibition on availability of funds for certain relocation activities 

for NATO Intelligence Fusion Cell (sec. 1632) .................................... 1245 

Survey and review of Defense Intelligence Enterprise (sec. 1633) ....... 1246 

Subtitle C—Cyberspace-Related Matters ....................................................... 1246 

Special emergency procurement authority to facilitate the defense 

against or recovery from a cyber attack (sec. 1641) ............................ 1246 

Limitation on termination of dual-hat arrangement for Command 

of the United States Cyber Command (sec. 1642) .............................. 1246 

Cyber mission forces matters (sec. 1643) ................................................ 1246 

Requirement to enter into agreements relating to use of cyber opposition forces (sec. 1644) ............................................................................ 1247 

Cyber protection support for Department of Defense personnel in 

positions highly vulnerable to cyber attack (sec. 1645) ...................... 1247 

Limitation on full deployment of joint regional security stacks (sec. 

1646) ....................................................................................................... 1247 

Advisory committee on industrial security and industrial base policy 

(sec. 1647) ............................................................................................... 1248 

Change in name of National Defense University’s Information Resources Management College to College of Information and Cyberspace (sec. 1648) ..................................................................................... 1248 

Evaluation of cyber vulnerabilities of F–35 aircraft and support systems (sec. 1649) ...................................................................................... 1248 

Evaluation of cyber vulnerabilities of Department of Defense critical 

infrastructure (sec. 1650) ...................................................................... 1249 

Strategy to incorporate Army reserve component cyber protection 

teams into Department of Defense cyber mission force (sec. 1651) ... 1249 

Strategic plan for the Defense Information Systems Agency (sec. 

1652) ....................................................................................................... 1249 


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XXVIII 

TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE 

MATTERS—Continued 

Subtitle C—Cyberspace-Related Matters—Continued 

Plan for information security continuous monitoring capability and 

comply-to-connect policy; limitation on software licensing (sec. 

1653) ....................................................................................................... 1250 

Reports on deterrence of adversaries in cyberspace (sec. 1654) ............ 1251 

Sense of Congress on cyber resiliency of the networks and communications systems of the National Guard (sec. 1655) .......................... 1252 

Subtitle D—Nuclear Forces ............................................................................. 1252 

Improvements to Council on Oversight of National Leadership Command, Control, and Communications System (sec. 1661) .................. 1252 

Treatment of certain sensitive information by State and local governments (sec. 1662) ................................................................................... 1253 

Procurement authority for certain parts of intercontinental ballistic 

missile fuzes (sec. 1663) ........................................................................ 1253 

Prohibition on availability of funds for mobile variant of groundbased strategic deterrent missile (sec. 1664) ....................................... 1253 

Limitation on availability of funds for extension of New START Treaty (sec. 1665) .......................................................................................... 1253 

Certifications regarding integrated tactical warning and attack assessment mission of the Air Force (sec. 1666) ..................................... 1253 

Matters relating to intercontinental ballistic missiles (sec. 1667) ........ 1254 

Requests for forces to meet security requirements for land-based 

nuclear forces (sec. 1668) ...................................................................... 1254 

Report on Russian and Chinese political and military leadership 

survivability, command and control, and continuity of government 

programs and activities (sec. 1669) ...................................................... 1255 

Review by the Comptroller General of the United States of recommendations relating to nuclear enterprise of Department of Defense (sec. 1670) ..................................................................................... 1255 

Sense of Congress on nuclear deterrence (sec. 1671) ............................. 1255 

Sense of Congress on importance of independent nuclear deterrent 

of United Kingdom (sec. 1672) .............................................................. 1255 

Subtitle E—Missile Defense Programs ........................................................... 1256 

National missile defense policy (sec. 1681) ............................................. 1256 

Extensions of prohibitions relating to missile defense information 

and systems (sec. 1682) ......................................................................... 1256 

Non-terrestrial missile defense intercept and defeat capability for 

the ballistic missile defense system (sec. 1683) .................................. 1256 

Review of the missile defeat policy and strategy of the United States 

(sec. 1684) ............................................................................................... 1257 

Maximizing Aegis Ashore capability and developing medium range 

discrimination radar (sec. 1685) ........................................................... 1258 

Technical authority for integrated air and missile defense activities 

and programs (sec. 1686) ...................................................................... 1258 

Hypersonic defense capability development (sec. 1687) ......................... 1258 

Conventional Prompt Global Strike weapons system (sec. 1688) .......... 1259 

Required testing by Missile Defense Agency of ground-based midcourse defense element of ballistic missile defense system (sec. 

1689) ....................................................................................................... 1259 

Iron Dome short-range rocket defense system and Israeli cooperative 

missile defense program codevelopment and coproduction (sec. 

1690) ....................................................................................................... 1259 

Limitations on availability of funds for lower-tier air and missile 

defense capability of the Army (sec. 1691) .......................................... 1260 

Pilot program on loss of unclassified, controlled technical information 

(sec. 1692) ............................................................................................... 1261 

Plan for procurement of medium-range discrimination radar to improve homeland missile defense (sec. 1693) ........................................ 1261 

Review of Missile Defense Agency budget submissions for groundbased midcourse defense and evaluation of alternative groundbased interceptor deployments (sec. 1694) .......................................... 1261 

Semiannual notifications on missile defense tests and costs (sec. 

1695) ....................................................................................................... 1262 

Reports on unfunded priorities of the Missile Defense Agency (sec. 

1696) ....................................................................................................... 1262 


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XXIX 

TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE 

MATTERS—Continued 

Subtitle F—Other Matters ............................................................................... 1262 

Protection of certain facilities and assets from unmanned aircraft 

(sec. 1697) ............................................................................................... 1262 

Harmful interference to Department of Defense Global Positioning 

System (sec. 1698) ................................................................................. 1263 

Legislative Provisions Not Adopted ................................................................ 1263 

Availability of certain amounts to meet requirements in connection 

with United States policy on assured access to space ........................ 1263 

Department of Defense-wide requirements for security clearances for 

military intelligence officers ................................................................. 1263 

Limitation on availability of funds for intelligence management ......... 1264 

Sense of Congress on initial operating capability of phase 2 of European Phased Adaptive Approach to missile defense ........................... 1264 

Pilot program on application of consequence-driven, cyber-informed 

engineering to mitigate against cyber-security threats ...................... 1265 

TITLE XVII—GUAM WORLD WAR II LOYALTY RECOGNITION ACT ......... 1265 

Guam World War II Loyalty Recognition Act (secs. 1701–1707) .......... 1265 

TITLE XVIII—MATTERS RELATING TO SMALL BUSINESS PROCUREMENT .................................................................................................................... 1266 

Subtitle A—Improving Transparency and Clarity for Small Businesses .... 1266 

Plain language rewrite of requirements for small business procurements (sec. 1801) ................................................................................... 1266 

Transparency in small business goals (sec. 1802) .................................. 1266 

Subtitle B—Clarifying the Roles of Small Business Advocates .................... 1266 

Scope of review by procurement center representatives (sec. 1811) ..... 1266 

Duties of the Office of Small and Disadvantaged Business Utilization 

(sec. 1812) ............................................................................................... 1267 

Improving contractor compliance (sec. 1813) .......................................... 1267 

Improving education on small business regulations (sec. 1814) ............ 1267 

Subtitle C—Strengthening Opportunities for Competition in Subcontracting .................................................................................................................. 1267 

Good faith in subcontracting (sec. 1821) ................................................. 1267 

Pilot program to provide opportunities for qualified subcontractors 

to obtain past performance ratings (sec. 1822) ................................... 1268 

Amendments to the Mentor-Protege Program of the Department of 

Defense (sec. 1823) ................................................................................ 1268 

Subtitle D—Miscellaneous Provisions ............................................................ 1268 

Improvements to size standards for small agricultural producers (sec. 

1831) ....................................................................................................... 1268 

Uniformity in service-disabled veteran definitions (sec. 1832) .............. 1269 

Office of Hearings and Appeals (sec. 1833) ............................................. 1269 

Extension of SBIR and STTR programs (sec. 1834) ............................... 1269 

Issuance of guidance on small business matters (sec. 1835) ................. 1269 

Subtitle E—Improving Cyber Preparedness for Small Businesses .............. 1270 

Small Business Development Center Cyber Strategy and outreach 

(sec. 1841) ............................................................................................... 1270 

Role of small business development centers in cybersecurity and 

preparedness (sec. 1842) ....................................................................... 1270 

Additional cybersecurity assistance for small business development 

centers (sec. 1843) .................................................................................. 1270 

Prohibition on additional funds (sec. 1844) ............................................. 1270 

Legislative Provisions Not Adopted ................................................................ 1270 

Improving reporting on small business goals ......................................... 1270 

Uniformity in procurement terminology .................................................. 1271 

Responsibilities of Commercial Market Representatives ....................... 1271 

Responsibilities of Business Opportunity Specialists ............................. 1271 

Improving cooperation between the mentor-protege programs of the 

Small Business Administration and the Department of Defense ...... 1271 

Office of Women’s Business Ownership ................................................... 1271 

Women’s Business Center Program ......................................................... 1272 

Matching requirements under Women’s Business Center Program ..... 1272 

SCORE reauthorization ............................................................................ 1272 

SCORE program ........................................................................................ 1272 

Online component ...................................................................................... 1272 

Study and report on the future role of the SCORE program ................ 1272 


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XXX 

TITLE XVIII—MATTERS RELATING TO SMALL BUSINESS PROCUREMENT—Continued 

Legislative Provisions Not Adopted—Continued 

Technical and conforming amendments .................................................. 1273 

Required reports pertaining to capital planning and investment control ........................................................................................................... 1273 

GAO study on small business cyber support services and small business development center cyber strategy .............................................. 1273 

Short title ................................................................................................... 1273 

Use of authorized entrepreneurial development programs .................... 1273 

Marketing of services ................................................................................ 1273 

Data collection ........................................................................................... 1274 

Fees from private partnerships and cosponsorships .............................. 1274 

Equity for small business development centers ...................................... 1274 

Confidentiality requirements ................................................................... 1274 

Limitation on award of grants to small business development centers 1274 

TITLE XIX—DEPARTMENT OF HOMELAND SECURITY STRATEGY FOR 

INTERNATIONAL PROGRAMS ........................................................................ 1274 

Department of Homeland Security Strategy for International Programs (secs. 1901–1913) ........................................................................ 1274 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS ................... 1275 

Summary and explanation of funding tables .......................................... 1275 

Short title (sec. 2001) ................................................................................ 1275 

Expiration of authorizations and amounts required to be specified 

by law (sec. 2002) ................................................................................... 1275 

Effective date (sec. 2003) .......................................................................... 1275 

TITLE XXI—ARMY MILITARY CONSTRUCTION ............................................. 1275 

Summary .................................................................................................... 1275 

Authorized Army construction and land acquisition projects (sec. 

2101) ....................................................................................................... 1276 

Family housing (sec. 2102) ....................................................................... 1276 

Authorization of appropriations, Army (sec. 2103) ................................. 1276 

Modification of authority to carry out certain fiscal year 2014 project 

(sec. 2104) ............................................................................................... 1277 

Extension of authorizations of certain fiscal year 2013 projects (sec. 

2105) ....................................................................................................... 1277 

Extension of authorizations of certain fiscal year 2014 projects (sec. 

2106) ....................................................................................................... 1277 

TITLE XXII—NAVY MILITARY CONSTRUCTION ............................................ 1277 

Summary .................................................................................................... 1277 

Authorized Navy construction and land acquisition projects (sec. 

2201) ....................................................................................................... 1278 

Family housing (sec. 2202) ....................................................................... 1278 

Improvements to military family housing units (sec. 2203) .................. 1278 

Authorization of appropriations, Navy (sec. 2204) ................................. 1279 

Modification of authority to carry out certain fiscal year 2014 project 

(sec. 2205) ............................................................................................... 1279 

Extension of authorizations of certain fiscal year 2013 projects (sec. 

2206) ....................................................................................................... 1279 

Extension of authorizations of certain fiscal year 2014 projects (sec. 

2207) ....................................................................................................... 1279 

Status of ‘‘net negative’’ policy regarding Navy acreage on Guam 

(sec. 2208) ............................................................................................... 1280 

TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION ................................ 1280 

Summary .................................................................................................... 1280 

Authorized Air Force construction and land acquisition projects (sec. 

2301) ....................................................................................................... 1280 

Family housing (sec. 2302) ....................................................................... 1281 

Improvements to military family housing units (sec. 2303) .................. 1281 

Authorization of appropriations, Air Force (sec. 2304) .......................... 1281 

Modification of authority to carry out certain fiscal year 2016 project 

(sec. 2305) ............................................................................................... 1281 

Extension of authorization of certain fiscal year 2013 project (sec. 

2306) ....................................................................................................... 1281 

Extension of authorization of certain fiscal year 2014 project (sec. 

2307) ....................................................................................................... 1282 


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XXXI 

TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION—Continued 

Restriction on acquisition of property in Northern Mariana Islands 

(sec. 2308) ............................................................................................... 1282 

TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION .............. 1282 

Summary .................................................................................................... 1282 

Authorized Defense Agencies construction and land acquisition 

projects (sec. 2401) ................................................................................. 1283 

Authorized energy conservation projects (sec. 2402) .............................. 1283 

Authorization of appropriations, Defense Agencies (sec. 2403) ............. 1283 

Modification of authority to carry out certain fiscal year 2014 project 

(sec. 2404) ............................................................................................... 1284 

Extension of authorizations of certain fiscal year 2013 projects (sec. 

2405) ....................................................................................................... 1284 

Extension of authorizations of certain fiscal year 2014 projects (sec. 

2406) ....................................................................................................... 1284 

TITLE XXV—INTERNATIONAL PROGRAMS .................................................... 1284 

Summary .................................................................................................... 1284 

Subtitle A—North Atlantic Treaty Organization Security Investment Program ............................................................................................................... 1285 

Authorized NATO construction and land acquisition projects (sec. 

2501) ....................................................................................................... 1285 

Authorization of appropriations, NATO (sec. 2502) ............................... 1285 

Subtitle B—Host Country In-Kind Contributions ......................................... 1285 

Republic of Korea funded construction projects (sec. 2511) ................... 1285 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES ........................ 1285 

Summary .................................................................................................... 1285 

Subtitle A—Project Authorizations and Authorizations of Appropriations . 1286 

Authorized Army National Guard construction and land acquisition 

projects (sec. 2601) ................................................................................. 1286 

Authorized Army Reserve construction and land acquisition projects 

(sec. 2602) ............................................................................................... 1286 

Authorized Navy Reserve and Marine Corps Reserve construction 

and land acquisition projects (sec. 2603) ............................................. 1286 

Authorized Air National Guard construction and land acquisition 

projects (sec. 2604) ................................................................................. 1286 

Authorized Air Force Reserve construction and land acquisition 

projects (sec. 2605) ................................................................................. 1286 

Authorization of appropriations, National Guard and Reserve (sec. 

2606) ....................................................................................................... 1287 

Subtitle B—Other Matters .............................................................................. 1287 

Modification of authority to carry out certain fiscal year 2014 project 

(sec. 2611) ............................................................................................... 1287 

Modification of authority to carry out certain fiscal year 2015 project 

(sec. 2612) ............................................................................................... 1287 

Modification of authority to carry out certain fiscal year 2016 project 

(sec. 2613) ............................................................................................... 1287 

Extension of authorization of certain fiscal year 2013 project (sec. 

2614) ....................................................................................................... 1288 

Extension of authorizations of certain fiscal year 2014 projects (sec. 

2615) ....................................................................................................... 1288 

Legislative Provisions Not Adopted ................................................................ 1288 

Report on replacement of security forces and communications training facility at Frances S. Gabreski Air National Guard Base, New 

York ........................................................................................................ 1288 

TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES ............ 1288 

Summary .................................................................................................... 1288 

Extension of authorizations of certain fiscal year 2014 projects (sec. 

2701) ....................................................................................................... 1289 

Prohibition on conducting additional base realignment and closure 

(BRAC) round (sec. 2702) ...................................................................... 1289 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS ....... 1289 

Subtitle A—Military Construction Program and Military Family Housing 

Changes ......................................................................................................... 1289 

Modification of criteria for treatment of laboratory revitalization 

projects as minor military construction projects (sec. 2801) .............. 1289 

Classification of facility conversion projects as repair projects (sec. 

2802) ....................................................................................................... 1290 


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XXXII 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS— 

Continued 

Subtitle A—Military Construction Program and Military Family Housing 

Changes—Continued 

Limited authority for scope of work increase (sec. 2803) ....................... 1290 

Extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside 

the United States (sec. 2804) ................................................................ 1290 

Authority to expand energy conservation construction program to 

include energy resiliency projects (sec. 2805) ...................................... 1290 

Additional entities eligible for participation in defense laboratory 

modernization pilot program (sec. 2806) .............................................. 1290 

Extension of temporary 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 (sec. 2807) ............................................................................ 1291 

Subtitle B—Real Property and Facilities Administration ............................. 1291 

Acceptance of military construction projects as payments in-kind and 

in-kind contributions (sec. 2811) .......................................................... 1291 

Allotment of space and provision of services to WIC offices operating 

on military installations (sec. 2812) ..................................................... 1291 

Sense of Congress regarding inclusion of stormwater systems and 

components within the meaning of ‘‘wastewater system’’ under the 

Department of Defense authority for conveyance of utility systems 

(sec. 2813) ............................................................................................... 1291 

Assessment of public schools on Department of Defense installations 

(sec. 2814) ............................................................................................... 1292 

Prior certification required for use of Department of Defense facilities 

by other Federal agencies for temporary housing support (sec. 

2815) ....................................................................................................... 1292 

Subtitle C—Land Conveyances ....................................................................... 1292 

Land conveyances, High Frequency Active Auroral Research Program 

facility and adjacent property, Gakona, Alaska (sec. 2821) ............... 1292 

Land conveyance, Campion Air Force Radar Station, Galena, Alaska 

(sec. 2822) ............................................................................................... 1293 

Lease, Joint Base Elmendorf-Richardson, Alaska (sec. 2823) ............... 1293 

Transfer of administrative jurisdictions, Navajo Army Depot, Arizona 

(sec. 2824) ............................................................................................... 1293 

Exchange of property interests, San Diego Unified Port District, California (sec. 2825) .................................................................................... 1293 

Release of property interests retained in connection with land conveyance, Eglin Air Force Base, Florida (sec. 2826) .................................. 1293 

Land exchange, Fort Hood, Texas (sec. 2827) ......................................... 1294 

Land conveyance, P–36 Warehouse, Colbern United States Army Reserve Center, Laredo, Texas (sec. 2828) ............................................... 1294 

Land conveyance, St. George National Guard Armory, St. George, 

Utah (sec. 2829) ..................................................................................... 1294 

Land acquisitions, Arlington County, Virginia (sec. 2829A) .................. 1294 

Release of restrictions, Richland Innovation Center, Richland, Washington (sec. 2829B) ................................................................................ 1294 

Modification of land conveyance, Rocky Mountain Arsenal National 

Wildlife Refuge (sec. 2829C) ................................................................. 1295 

Closure of St. Marys Airport (sec. 2829D) ............................................... 1295 

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. 

2829E) ..................................................................................................... 1295 

Return of certain lands at Fort Wingate to the original inhabitants 

(sec. 2829F) ............................................................................................ 1295 

Subtitle D—Military Memorials, Monuments, and Museums ...................... 1296 

Cyber Center for Education and Innovation—Home of the National 

Cryptological Museum (sec. 2831) ........................................................ 1296 

Renaming site of the Dayton Aviation Heritage National Historical 

Park, Ohio (sec. 2832) ........................................................................... 1296 

Women’s military service memorials and museums (sec. 2833) ............ 1296 

Petersburg National Battlefield boundary modification (sec. 2834) ..... 1296 

Subtitle E—Designations and Other Matters ................................................ 1297 


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XXXIII 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS— 

Continued 

Subtitle E—Designations and Other Matters—Continued 

Designation of portion of Moffett Federal Airfield, California, as 

Moffett Air National Guard Base (sec. 2841) ...................................... 1297 

Redesignation of Mike O’Callaghan Federal Medical Center (sec. 

2842) ....................................................................................................... 1297 

Replenishment of Sierra Vista subwatershed regional aquifer, Arizona (sec. 2843) ...................................................................................... 1297 

Limited exceptions to restriction on development of public infrastructure in connection with realignment of Marine Corps forces in 

Asia-Pacific region (sec. 2844) .............................................................. 1297 

Permanent withdrawal or transfer of administrative jurisdiction of 

public land, Naval Air Weapons Station China Lake, California 

(sec. 2845) ............................................................................................... 1298 

Legislative Provisions Not Adopted ................................................................ 1298 

Sense of Congress on maximizing number of veterans employed on 

military construction projects ............................................................... 1298 

Authority of the Secretary concerned to accept lessee improvements 

at Government-owned/contractor-operated industrial plants or facilities ...................................................................................................... 1298 

Treatment of insured depository institutions operating on land leased 

from military installations .................................................................... 1298 

Sense of Congress regarding need to consult with State and local 

officials prior to acquisitions of real property ..................................... 1298 

Improved process for disposal of Department of Defense surplus real 

property located overseas ...................................................................... 1299 

Prohibition on transfer of administrative jurisdiction, portion of 

Organ Mountains Area, Fillmore Canyon, New Mexico ..................... 1299 

Bureau of Land Management withdrawn military lands under Military Lands Withdrawal Act of 1999 ..................................................... 1299 

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 ........................ 1299 

Amendments to the National Historic Preservation Act ....................... 1299 

Recognition of the National Museum of World War II Aviation ........... 1300 

Battleship preservation grant program ................................................... 1300 

Implementation of lesser prairie-chicken range-wide conservation 

plan and other conservation measures ................................................ 1300 

Transfer of certain items of the Omar Bradley Foundation to the 

descendants of General Omar Bradley ................................................ 1300 

Protection and recovery of Greater Sage Grouse .................................... 1300 

Removal of endangered species status for American burying beetle .... 1301 

Report on documentation for acquisition of certain properties along 

Columbia River, Washington, by Corps of Engineers ......................... 1301 

TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION ......................................................................................................... 1301 

Authorized Navy construction and land acquisition projects (sec. 

2901) ....................................................................................................... 1301 

Authorized Air Force construction and land acquisition projects (sec. 

2902) ....................................................................................................... 1301 

Authorization of appropriations (sec. 2903) ............................................ 1302 

TITLE XXX—UTAH TEST AND TRAINING RANGE AND RELATED MATTERS ..................................................................................................................... 1302 

Subtitle A—Authorization for Temporary Closure of Certain Public Land 

Adjacent to the Utah Test and Training Range ......................................... 1302 

Definitions (sec. 3001) ............................................................................... 1302 

Memorandum of agreement (sec. 3002) ................................................... 1302 

Temporary closures (sec. 3003) ................................................................ 1302 

Liability (sec. 3004) ................................................................................... 1302 

Community resource advisory group (sec. 3005) .................................... 1303 

Savings clauses (sec. 3006) ....................................................................... 1303 

Subtitle B—Bureau of Land Management Land Exchange with State 

of Utah ........................................................................................................... 1303 

Definitions (sec. 3011) ............................................................................... 1303 

Exchange of Federal land and non-Federal land (sec. 3012) ................. 1303 


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XXXIV 

TITLE XXX—UTAH TEST AND TRAINING RANGE AND RELATED MATTERS—Continued 

Subtitle B—Bureau of Land Management Land Exchange with State 

of Utah—Continued 

Status and management of non-Federal land acquired by the United 

States (sec. 3013) ................................................................................... 1303 

Hazardous substances (sec. 3014) ............................................................ 1304 

Legislative Provisions Not Adopted ................................................................ 1304 

Short title ................................................................................................... 1304 

Findings and purpose ................................................................................ 1304 

Recognition and transfer of certain highway rights-of-way ................... 1304 

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS ...................................... 1304 

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS ................................................................................................................. 1304 

Subtitle A—National Security Programs Authorizations .............................. 1304 

National Nuclear Security Administration (sec. 3101) .......................... 1304 

Defense environmental cleanup (sec. 3102) ............................................ 1306 

Other defense activities (sec. 3103) ......................................................... 1306 

Nuclear energy (sec. 3104) ........................................................................ 1306 

Subtitle B—Program Authorizations, Restrictions, and Limitations ........... 1306 

Independent acquisition project reviews of capital assets acquisition 

projects (sec. 3111) ................................................................................. 1306 

Protection of certain nuclear facilities and assets from unmanned 

aircraft (sec. 3112) ................................................................................. 1306 

Common financial reporting system for the nuclear security enterprise (sec. 3113) ..................................................................................... 1307 

Rough estimate of total life cycle cost of tank waste cleanup at 

Hanford Nuclear Reservation (sec. 3114) ............................................ 1307 

Annual certification of shipments to Waste Isolation Pilot Plant (sec. 

3115) ....................................................................................................... 1307 

Disposition of weapons-usable plutonium (sec. 3116) ............................ 1308 

Design basis threat (sec. 3117) ................................................................. 1308 

Industry best practices in operations at National Nuclear Security 

Administration facilities and sites (sec. 3118) ..................................... 1308 

Pilot program on unavailability for overhead costs of amounts specified for laboratory-directed research and development (sec. 3119) ... 1309 

Research and development of advanced naval nuclear fuel system 

based on low-enriched uranium (sec. 3120) ......................................... 1309 

Increase in certain limitations applicable to funds for conceptual 

and construction design of the Department of Energy (sec. 3121) .... 1309 

Prohibition on availability of funds for programs in Russian Federation (sec. 3122) ....................................................................................... 1309 

Limitation on availability of funds for Federal salaries and expenses 

(sec. 3123) ............................................................................................... 1309 

Limitation on availability of funds for defense environmental cleanup 

program direction (sec. 3124) ................................................................ 1310 

Limitation on availability of funds for acceleration of nuclear weapons dismantlement (sec. 3125) .............................................................. 1310 

Subtitle C—Plans and Reports ........................................................................ 1310 

Independent assessment of technology development under defense 

environmental cleanup program (sec. 3131) ........................................ 1310 

Updated plan for verification and monitoring of proliferation of nuclear weapons and fissile material (sec. 3132) .................................... 1311 

Report on the use of highly-enriched uranium for naval reactors 

(sec. 3133) ............................................................................................... 1311 

Analysis of approaches for supplemental treatment of low-activity 

waste at Hanford Nuclear Reservation (sec. 3134) ............................. 1311 

Clarification of annual report and certification on status of security 

of atomic energy defense facilities (sec. 3135) ..................................... 1312 

Report on service support contracts and authority for appointment 

of certain personnel (sec. 3136) ............................................................ 1312 

Elimination of certain reporting requirements (sec. 3137) .................... 1312 

Report on United States nuclear deterrence (sec. 3138) ........................ 1313 

Legislative Provisions Not Adopted ................................................................ 1313 

Analyses of options for disposal of high-level radioactive waste ........... 1313 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD ............. 1313 


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XXXV 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD—Continued 

Authorization (sec. 3201) .......................................................................... 1313 

TITLE XXXIII—FEDERAL AVIATION ADMINISTRATION THIRD CLASS 

MEDICAL REFORM AND GENERAL AVIATION PILOT PROTECTIONS . 1313 

Legislative Provisions Not Adopted ................................................................ 1313 

Pilot’s Bill of Rights 2 ............................................................................... 1313 

TITLE XXXIV—NAVAL PETROLEUM RESERVES ........................................... 1314 

Authorization of appropriations (sec. 3401) ............................................ 1314 

TITLE XXXV—MARITIME MATTERS ................................................................. 1314 

Subtitle A—Maritime Administration, Coast Guard, and Shipping Matters ................................................................................................................. 1314 

Authorization of the Maritime Administration (sec. 3501) .................... 1314 

Authority to extend certain age restrictions relating to vessels in 

the Maritime Security Fleet (sec. 3502) ............................................... 1314 

Corrections to provisions enacted by Coast Guard Authorization Acts 

(sec. 3503) ............................................................................................... 1314 

Status of National Defense Reserve Fleet vessels (sec. 3504) ............... 1314 

NDRF National Security Multi-Mission Vessel (sec. 3505) ................... 1315 

Superintendent of United States Merchant Marine Academy (sec. 

3506) ....................................................................................................... 1315 

Use of National Defense Reserve Fleet scrapping proceeds (sec. 

3507) ....................................................................................................... 1316 

Floating dry docks (sec. 3508) .................................................................. 1316 

Transportation worker identification credentials for individuals undergoing separation, discharge, or release from the Armed Forces 

(sec. 3509) ............................................................................................... 1316 

Actions to address sexual harassment and sexual assault at the 

United States Merchant Marine Academy (sec. 3510) ....................... 1317 

Sexual assault response coordinators and sexual assault victim advocates (sec. 3511) ..................................................................................... 1317 

Report from the Department of Transportation Inspector General 

(sec. 3512) ............................................................................................... 1317 

Sexual assault prevention and response working group (sec. 3513) ..... 1318 

Sea Year compliance (sec. 3514) .............................................................. 1318 

State maritime academy physical standards and reporting (sec. 

3515) ....................................................................................................... 1318 

Appointments (sec. 3516) .......................................................................... 1318 

Maritime workforce working group (sec. 3517) ....................................... 1319 

Maritime extreme weather task force (sec. 3518) ................................... 1319 

Workforce plans and onboarding policies (sec. 3519) ............................. 1319 

Drug and alcohol policy (sec. 3520) .......................................................... 1319 

Vessel transfers (sec. 3521) ...................................................................... 1320 

Clarifying amendment; continuation boards (sec. 3522) ........................ 1320 

Polar icebreaker recapitalization plan (sec. 3523) .................................. 1320 

GAO report on icebreaking capability in the United States (sec. 

3524) ....................................................................................................... 1320 

Subtitle B—Pribilof Islands Transition Completion ...................................... 1320 

Pribilof Islands Transition Completion (secs. 3531–3533) ..................... 1320 

Subtitle C—Sexual Harassment and Assault Prevention at the National 

Oceanic and Atmospheric Administration .................................................. 1321 

Actions to address sexual harassment at National Oceanic and Atmospheric Administration (sec. 3541) .................................................. 1321 

Actions to address sexual assault at National Oceanic and Atmospheric Administration (sec. 3542) ......................................................... 1321 

Rights of the victim of a sexual assault (sec. 3543) ................................ 1321 

Change of station (sec. 3544) .................................................................... 1321 

Applicability of policies to crews of vessels secured by National Oceanic and Atmospheric Administration under contract (sec. 3545) ..... 1322 

Annual report on sexual assaults in the National Oceanic and Atmospheric Administration (sec. 3546) ......................................................... 1322 

Sexual assault defined (sec. 3547) ........................................................... 1322 

Legislative Provisions Not Adopted ................................................................ 1322 

Short title ................................................................................................... 1322 

Maritime Administration authorization request .................................... 1322 

Port infrastructure development .............................................................. 1322 

High-speed craft classification services ................................................... 1323 


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XXXVI 

TITLE XXXV—MARITIME MATTERS—Continued 

Legislative Provisions Not Adopted—Continued 

Short title ................................................................................................... 1323 

Definitions .................................................................................................. 1323 

Short title ................................................................................................... 1323 

Reauthorization of Hydrographic Services Improvement Act of 1998 .. 1323 

Maritime Administration .......................................................................... 1323 

Authority to make pro rata annual payments under operating agreements for vessels participating in Maritime Security Fleet ............... 1324 

Application of law ...................................................................................... 1324 

Commissioned officer corps of the National Oceanic and Atmospheric 

Administration ....................................................................................... 1324 

Ballast water ............................................................................................. 1324 

DIVISION D—FUNDING TABLES ....................................................................... 1324 

Authorization of amounts in funding tables (sec. 4001) ......................... 1324 

Summary of National Defense Authorizations for Fiscal Year 2017 .... 1325 

National Defense Budget Authority Implication .................................... 1331 

TITLE XLI—PROCUREMENT .............................................................................. 1334 

Procurement (sec. 4101) ............................................................................ 1334 

Procurement for overseas contingency operations (sec. 4102) ............... 1369 

Procurement for overseas contingency operations for base requirements (sec. 4103) ................................................................................... 1379 

TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION ..... 1387 

Research, development, test, and evaluation (sec. 4201) ....................... 1387 

Research, development, test, and evaluation for overseas contingency 

operations (sec. 4202) ............................................................................ 1425 

Research, development, test, and evaluation for overseas contingency 

operations for base requirements (sec. 4203) ...................................... 1427 

TITLE XLIII—OPERATION AND MAINTENANCE ........................................... 1429 

Operation and maintenance (sec. 4301) .................................................. 1429 

Operation and maintenance for overseas contingency operations (sec. 

4302) ....................................................................................................... 1451 

Operation and maintenance for overseas contingency operations for 

base requirements (sec. 4303) ............................................................... 1464 

TITLE XLIV—MILITARY PERSONNEL .............................................................. 1473 

Military personnel (sec. 4401) .................................................................. 1473 

Military personnel for overseas contingency operations (sec. 4402) ..... 1474 

Military personnel for overseas contingency operations for base requirements (sec. 4403) ........................................................................... 1474 

TITLE XLV—OTHER AUTHORIZATIONS .......................................................... 1475 

Other authorizations (sec. 4501) .............................................................. 1475 

Other authorizations for overseas contingency operations (sec. 4502) . 1479 

Other authorizations for overseas contingency operations for base 

requirements (sec. 4503) ....................................................................... 1481 

TITLE XLVI—MILITARY CONSTRUCTION ....................................................... 1481 

Military construction (sec. 4601) .............................................................. 1481 

Military construction for overseas contingency operations (sec. 4602) . 1495 

Military construction for overseas contingency operations for base 

requirements (sec. 4603) ....................................................................... 1497 

TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS ................................................................................................................. 1497 

Department of Energy national security programs (sec. 4701) ............. 1497 

DIVISION E—UNIFORM CODE OF MILITARY JUSTICE REFORM ............. 1510 

Short title (sec. 5001) ................................................................................ 1510 

TITLE LI—GENERAL PROVISIONS ................................................................... 1510 

Definitions (sec. 5101) ............................................................................... 1510 

Clarification of persons subject to UCMJ while on inactive-duty training (sec. 5102) ........................................................................................ 1510 

Staff judge advocate disqualification due to prior involvement in case 

(sec. 5103) ............................................................................................... 1510 

Conforming amendment relating to military magistrates (sec. 5104) .. 1511 

Rights of victim (sec. 5105) ....................................................................... 1511 

TITLE LII—APPREHENSION AND RESTRAINT .............................................. 1511 

Restraint of persons charged (sec. 5121) ................................................. 1511 

Modification of prohibition of confinement of members of the Armed 

Forces with enemy prisoners and certain others (sec. 5122) ............. 1512 

TITLE LIII—NON-JUDICIAL PUNISHMENT .................................................... 1512 


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XXXVII 

TITLE LIII—NON-JUDICIAL PUNISHMENT—Continued 

Modification of confinement as non-judicial punishment (sec. 5141) .... 1512 

TITLE LIV—COURT-MARTIAL JURISDICTION ............................................... 1512 

Courts-martial classified (sec. 5161) ........................................................ 1512 

Jurisdiction of general courts-martial (sec. 5162) .................................. 1512 

Jurisdiction of special courts-martial (sec. 5163) .................................... 1513 

Summary court-martial as non-criminal forum (sec. 5164) ................... 1513 

TITLE LV—COMPOSITION OF COURTS-MARTIAL ........................................ 1513 

Technical amendment relating to persons authorized to convene general courts-martial (sec. 5181) .............................................................. 1513 

Who may serve on courts-martial and related matters (sec. 5182) ....... 1513 

Number of court-martial members in capital cases (sec. 5183) ............. 1514 

Detailing, qualifications, and other matters relating to military 

judges (sec. 5184) ................................................................................... 1514 

Military magistrates (sec. 5185) ............................................................... 1514 

Qualifications of trial counsel and defense counsel (sec. 5186) ............. 1515 

Assembly and impaneling of members and related matters (sec. 

5187) ....................................................................................................... 1515 

TITLE LVI—PRE-TRIAL PROCEDURE ............................................................... 1515 

Charges and specifications (sec. 5201) .................................................... 1515 

Certain proceedings conducted before referral (sec. 5202) ..................... 1516 

Preliminary hearing required before referral to general court-martial 

(sec. 5203) ............................................................................................... 1516 

Disposition guidance (sec. 5204) .............................................................. 1516 

Advice to convening authority before referral for trial (sec. 5205) ....... 1517 

Service of charges and commencement of trial (sec. 5206) .................... 1517 

TITLE LVII—TRIAL PROCEDURE ...................................................................... 1517 

Duties of assistant defense counsel (sec. 5221) ....................................... 1517 

Sessions (sec. 5222) ................................................................................... 1517 

Technical amendment relating to continuances (sec. 5223) .................. 1518 

Conforming amendments relating to challenges (sec. 5224) .................. 1518 

Statute of limitations (sec. 5225) ............................................................. 1518 

Former jeopardy (sec. 5226) ..................................................................... 1518 

Pleas of the accused (sec. 5227) ............................................................... 1519 

Subpoena and other process (sec. 5228) .................................................. 1519 

Refusal of person not subject to UCMJ to appear, testify, or produce 

evidence (sec. 5229) ............................................................................... 1519 

Contempt (sec. 5230) ................................................................................. 1519 

Depositions (sec. 5231) .............................................................................. 1520 

Admissibility of sworn testimony by audiotape or videotape from 

records of courts of inquiry (sec. 5232) ................................................ 1520 

Conforming amendment relating to defense of lack of mental responsibility (sec. 5233) .................................................................................. 1520 

Voting and rulings (sec. 5234) .................................................................. 1521 

Votes required for conviction, sentencing, and other matters (sec. 

5235) ....................................................................................................... 1521 

Findings and sentencing (sec. 5236) ........................................................ 1521 

Plea agreements (sec. 5237) ..................................................................... 1521 

Record of trial (sec. 5238) ......................................................................... 1522 

TITLE LVIII—SENTENCES .................................................................................. 1522 

Sentencing (sec. 5301) ............................................................................... 1522 

Effective date of sentences (sec. 5302) ..................................................... 1523 

Sentence of reduction in enlisted grade (sec. 5303) ................................ 1523 

TITLE LIX—POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL ...................................................................................................................... 1523

Post-trial processing in general and special courts-martial (sec. 5321) 1523 

Limited authority to act on sentence in specified post-trial circumstances (sec. 5322) .......................................................................... 1523 

Post-trial actions in summary courts-martial and certain general and 

special courts-martial (sec. 5323) ......................................................... 1525 

Entry of judgment (sec. 5324) .................................................................. 1525 

Waiver of right to appeal and withdrawal of appeal (sec. 5325) ........... 1525 

Appeal by the United States (sec. 5326) .................................................. 1526 

Rehearings (sec. 5327) .............................................................................. 1526 

Judge advocate review of finding of guilty in summary court-martial 

(sec. 5328) ............................................................................................... 1526 

Transmittal and review of records (sec. 5329) ........................................ 1526 


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XXXVIII 

TITLE LIX—POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL—Continued 

Courts of Criminal Appeals (sec. 5330) ................................................... 1527 

Review by Court of Appeals for the Armed Forces (sec. 5331) .............. 1527 

Supreme Court review (sec. 5332) ........................................................... 1527 

Review by Judge Advocate General (sec. 5333) ...................................... 1528 

Appellate defense counsel in death penalty cases (sec. 5334) ............... 1528 

Authority for hearing on vacation of suspension of sentence to be 

conducted by qualified judge advocate (sec. 5335) .............................. 1528 

Extension of time for petition for new trial (sec. 5336) .......................... 1528 

Restoration (sec. 5337) .............................................................................. 1528 

Leave requirements pending review of certain court-martial convictions (sec. 5338) ...................................................................................... 1529 

TITLE LX—PUNITIVE ARTICLES ....................................................................... 1529 

Reorganization of punitive articles (sec. 5401) ....................................... 1529 

Conviction of offense charged, lesser included offenses, and attempts 

(sec. 5402) ............................................................................................... 1529 

Soliciting commission of offenses (sec. 5403) .......................................... 1529 

Malingering (sec. 5404) ............................................................................. 1530 

Breach of medical quarantine (sec. 5405) ................................................ 1530 

Missing movement; jumping from vessel (sec. 5406) .............................. 1530 

Offenses against correctional custody and restriction (sec. 5407) ......... 1530 

Disrespect toward superior commissioned officer; assault of superior 

commissioned officer (sec. 5408) ........................................................... 1530 

Willfully disobeying superior commissioned officer (sec. 5409) ............. 1530 

Prohibited activities with military recruit or trainee by person in 

position of special trust (sec. 5410) ...................................................... 1531 

Offenses by sentinel or lookout (sec. 5411) ............................................. 1531 

Disrespect toward sentinel or lookout (sec. 5412) .................................. 1531 

Release of prisoner without authority; drinking with prisoner (sec. 

5413) ....................................................................................................... 1531 

Penalty for acting as a spy (sec. 5414) .................................................... 1532 

Public records offenses (sec. 5415) ........................................................... 1532 

False or unauthorized pass offenses (sec. 5416) ..................................... 1532 

Impersonation offenses (sec. 5417) .......................................................... 1532 

Insignia offenses (sec. 5418) ..................................................................... 1532 

False official statements; false swearing (sec. 5419) .............................. 1533 

Parole violation (sec. 5420) ....................................................................... 1533 

Wrongful taking, opening, etc. of mail matter (sec. 5421) ..................... 1533 

Improper hazarding of vessel or aircraft (sec. 5422) .............................. 1533 

Leaving scene of vehicle accident (sec. 5423) .......................................... 1533 

Drunkenness and other incapacitation offenses (sec. 5424) .................. 1534 

Lower blood alcohol content limits for conviction of drunken or reckless operation of vehicle, aircraft, or vessel (sec. 5425) ...................... 1534 

Endangerment offenses (sec. 5426) .......................................................... 1534 

Communicating threats (sec. 5427) ......................................................... 1534 

Technical amendment relating to murder (sec. 5428) ............................ 1534 

Child endangerment (sec. 5429) ............................................................... 1535 

Rape and sexual assault offenses (sec. 5430) .......................................... 1535 

Deposit of obscene matter in the mail (sec. 5431) .................................. 1535 

Fraudulent use of credit cards, debit cards, and other access devices 

(sec. 5432) ............................................................................................... 1535 

False pretenses to obtain services (sec. 5433) ......................................... 1535 

Robbery (sec. 5434) .................................................................................... 1536 

Receiving stolen property (sec. 5435) ....................................................... 1536 

Offenses concerning Government computers (sec. 5436) ....................... 1536 

Bribery (sec. 5437) ..................................................................................... 1536 

Graft (sec. 5438) ........................................................................................ 1536 

Kidnapping (sec. 5439) .............................................................................. 1537 

Arson; burning property with intent to defraud (sec. 5440) .................. 1537 

Assault (sec. 5441) ..................................................................................... 1537 

Burglary and unlawful entry (sec. 5442) ................................................. 1537 

Stalking (sec. 5443) ................................................................................... 1537 

Subornation of perjury (sec. 5444) ........................................................... 1538 

Obstructing justice (sec. 5445) ................................................................. 1538 

Misprision of serious offense (sec. 5446) ................................................. 1538 

Wrongful refusal to testify (sec. 5447) ..................................................... 1538 


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XXXIX 

TITLE LX—PUNITIVE ARTICLES—Continued 

Prevention of authorized seizure of property (sec. 5448) ....................... 1538 

Wrongful interference with adverse administrative proceeding (sec. 

5449) ....................................................................................................... 1539 

Retaliation (sec. 5450) ............................................................................... 1539 

Extraterritorial application of certain offenses (sec. 5451) .................... 1539 

Table of sections (sec. 5452) ..................................................................... 1539 

TITLE LXI—MISCELLANEOUS PROVISIONS .................................................. 1540 

Technical amendments relating to courts of inquiry (sec. 5501) ........... 1540 

Technical amendment to Article 136 (sec. 5502) .................................... 1540 

Articles of Uniform Code of Military Justice to be explained to officers upon commissioning (sec. 5503) .................................................... 1540 

Military justice case management; data collection and accessibility 

(sec. 5504) ............................................................................................... 1540 

TITLE LXII—MILITARY JUSTICE REVIEW PANEL AND ANNUAL REPORTS .................................................................................................................. 1541 

Military Justice Review Panel (sec. 5521) ............................................... 1541 

Annual reports (sec. 5522) ........................................................................ 1541 

TITLE LXIII—CONFORMING AMENDMENTS AND EFFECTIVE DATES ... 1542 

Amendments to UCMJ subchapter tables of sections (sec. 5541) ......... 1542 

Effective dates (sec. 5542) ......................................................................... 1542 

Legislative Provisions Not Adopted ................................................................ 1542 

Repeal of sentence reduction provision when interim guidance takes 

effect ........................................................................................................ 1542 

Minimum confinement period required for conviction of certain sexrelated offenses committed by members of the Armed Forces ........... 1542 


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srobinson on DSK5SPTVN1PROD with HEARING
114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–840 

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL 

YEAR 2017 

NOVEMBER 30, 2016.—Ordered to be printed 

Mr. THORNBERRY, from the Committee of Conference, 

submitted the following 

CONFERENCE REPORT 

[To accompany S. 2943] 

The committee of conference on the disagreeing votes of the 

two Houses on the amendment of the House to the bill (S. 2943), 

to authorize appropriations for fiscal year 2017 for military activities of the Department of Defense, for military construction, and for 

defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes, having met, after full and free conference, have agreed to 

recommend and do recommend to their respective Houses as follows: 

That the Senate recede from its disagreement to the amendment of the House and agree to the same with an amendment as 

follows: 

In lieu of the matter proposed to be inserted by the House 

amendment, insert the following: 

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 and Other 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: 


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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. Multiyear procurement authority for AH–64E Apache helicopters. 

Sec. 112. Multiyear procurement authority for UH–60M and HH–60M Black Hawk 

helicopters. 

Sec. 113. Distributed Common Ground System–Army increment 1. 

Sec. 114. Assessment of certain capabilities of the Department of the Army. 

Subtitle C—Navy Programs 

Sec. 121. Determination of vessel delivery dates. 

Sec. 122. Incremental funding for detail design and construction of LHA replacement ship designated LHA 8. 

Sec. 123. Littoral Combat Ship. 

Sec. 124. Limitation on use of sole-source shipbuilding contracts for certain vessels. 

Sec. 125. Limitation on availability of funds for the Advanced Arresting Gear Program. 

Sec. 126. Limitation on availability of funds for procurement of U.S.S. Enterprise 

(CVN–80). 

Sec. 127. Sense of Congress on aircraft carrier procurement schedules. 

Sec. 128. Report on P–8 Poseidon aircraft. 

Sec. 129. Design and construction of replacement dock landing ship designated 

LX(R) or amphibious transport dock designated LPD–29. 

Subtitle D—Air Force Programs 

Sec. 131. EC–130H Compass Call recapitalization program. 

Sec. 132. Repeal of requirement to preserve certain retired C–5 aircraft. 

Sec. 133. Repeal of requirement to preserve F–117 aircraft in recallable condition. 

Sec. 134. Prohibition on availability of funds for retirement of A–10 aircraft. 

Sec. 135. Limitation on availability of funds for destruction of A–10 aircraft in storage status. 

Sec. 136. Prohibition on availability of funds for retirement of Joint Surveillance 

Target Attack Radar System aircraft. 

Sec. 137. Elimination of annual report on aircraft inventory. 

Subtitle E—Defense-wide, Joint, and Multiservice Matters 

Sec. 141. Standardization of 5.56mm rifle ammunition. 

Sec. 142. Fire suppressant and fuel containment standards for certain vehicles. 

Sec. 143. Limitation on availability of funds for destruction of certain cluster munitions. 

Sec. 144. Report on Department of Defense munitions strategy for the combatant 

commands. 

Sec. 145. Modifications to reporting on use of combat mission requirements funds. 

Sec. 146. Report on alternative management structures for the F–35 joint strike 

fighter program. 

Sec. 147. Comptroller General review of F–35 Lightning II aircraft sustainment support. 

Sec. 148. Briefing on acquisition strategy for Ground Mobility Vehicle. 

Sec. 149. Study and report on optimal mix of aircraft capabilities for the Armed 

Forces. 

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. Laboratory quality enhancement program. 


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Sec. 212. Modification of mechanisms to provide funds for defense laboratories for 

research and development of technologies for military missions. 

Sec. 213. Making permanent authority for defense research and development rapid 

innovation program. 

Sec. 214. Authorization for National Defense University and Defense Acquisition 

University to enter into cooperative research and development agreements. 

Sec. 215. Manufacturing Engineering Education Grant Program. 

Sec. 216. Notification requirement for certain rapid prototyping, experimentation, 

and demonstration activities. 

Sec. 217. Increased micro-purchase threshold for research programs and entities. 

Sec. 218. Improved biosafety for handling of select agents and toxins. 

Sec. 219. Designation of Department of Defense senior official with principal responsibility for directed energy weapons. 

Sec. 220. Restructuring of the distributed common ground system of the Army. 

Sec. 221. Limitation on availability of funds for the countering weapons of mass destruction system Constellation. 

Sec. 222. Limitation on availability of funds for Defense Innovation Unit Experimental. 

Sec. 223. Limitation on availability of funds for Joint Surveillance Target Attack 

Radar System (JSTARS) recapitalization program. 

Sec. 224. Acquisition program baseline and annual reports on follow-on modernization program for F–35 Joint Strike Fighter. 

Subtitle C—Reports and Other Matters 

Sec. 231. Strategy for assured access to trusted microelectronics. 

Sec. 232. Pilot program on evaluation of commercial information technology. 

Sec. 233. Pilot program for the enhancement of the research, development, test, and 

evaluation centers of the Department of Defense. 

Sec. 234. Pilot program on modernization and fielding of electromagnetic spectrum 

warfare systems and electronic warfare capabilities. 

Sec. 235. Pilot program on disclosure of certain sensitive information to federally 

funded research and development centers. 

Sec. 236. Pilot program on enhanced interaction between the Defense Advanced Research Projects Agency and the service academies. 

Sec. 237. Independent review of F/A–18 physiological episodes and corrective actions. 

Sec. 238. B–21 bomber development program accountability matrices. 

Sec. 239. Study on helicopter crash prevention and mitigation technology. 

Sec. 240. Strategy for Improving Electronic and Electromagnetic Spectrum Warfare 

Capabilities. 

Sec. 241. Sense of Congress on development and fielding of fifth generation airborne 

systems. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Authorization of appropriations. 

Subtitle B—Energy and Environment 

Sec. 311. Modified reporting requirement related to installations energy management. 

Sec. 312. Waiver authority for alternative fuel procurement requirement. 

Sec. 313. Utility data management for military facilities. 

Sec. 314. Alternative technologies for munitions disposal. 

Sec. 315. Report on efforts to reduce high energy costs at military installations. 

Sec. 316. Sense of Congress on funding decisions relating to climate change. 

Subtitle C—Logistics and Sustainment 

Sec. 321. Revision of deployability rating system and planning reform. 

Sec. 322. Revision of guidance relating to corrosion control and prevention executives. 

Sec. 323. Pilot program for inclusion of certain industrial plants in the Armament 

Retooling and Manufacturing Support Initiative. 

Sec. 324. Repair, recapitalization, and certification of dry docks at naval shipyards. 

Sec. 325. Private sector port loading assessment. 

Sec. 326. Strategy on revitalizing Army organic industrial base. 


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Subtitle D—Reports 

Sec. 331. Modifications to Quarterly Readiness Report to Congress. 

Sec. 332. Report on average travel costs of members of the reserve components. 

Sec. 333. Report on HH–60G sustainment and Combat Rescue Helicopter program. 

Subtitle E—Other Matters 

Sec. 341. Air navigation matters. 

Sec. 342. Contract working dogs. 

Sec. 343. Plan, funding documents, and management review relating to explosive 

ordnance disposal. 

Sec. 344. Process for communicating availability of surplus ammunition. 

Sec. 345. Mitigation of risks posed by window coverings with accessible cords in certain military housing units. 

Sec. 346. Access to military installations by transportation companies. 

Sec. 347. Access to wireless high-speed Internet and network connections for certain 

members of the Armed Forces. 

Sec. 348. Limitation on availability of funds for Office of the Under Secretary of Defense for Intelligence. 

Sec. 349. Limitation on development and fielding of new camouflage and utility uniforms. 

Sec. 350. Plan for improved dedicated adversary air training enterprise of the Air 

Force. 

Sec. 351. Independent review and assessment of the Ready Aircrew Program of the 

Air Force. 

Sec. 352. Study on space-available travel system of the Department of Defense. 

Sec. 353. Evaluation of motor carrier safety performance and safety technology. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

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

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. Reduction in number of general and flag officers on active duty and authorized strength after December 31, 2022, of such 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. Number of Marine Corps general officers. 

Sec. 504. 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. 505. Continuation of certain officers on active duty without regard to requirement for retirement for years of service. 

Sec. 506. Equal consideration of officers for early retirement or discharge. 

Sec. 507. Modification of authority to drop from rolls a commissioned officer. 

Sec. 508. Extension of force management authorities allowing enhanced flexibility 

for officer personnel management. 

Sec. 509. Pilot programs on direct commissions to cyber positions. 

Sec. 510. Length of joint duty assignments. 

Sec. 510A. Revision of definitions used for joint officer management. 


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Subtitle B—Reserve Component Management 

Sec. 511. Authority for temporary waiver of limitation on term of service of Vice 

Chief of the National Guard Bureau. 

Sec. 512. Rights and protections available to military technicians. 

Sec. 513. Inapplicability of certain laws to National Guard technicians performing 

active Guard and Reserve duty. 

Sec. 514. Extension of removal of restrictions on the transfer of officers between the 

active and inactive National Guard. 

Sec. 515. Extension of temporary authority to use Air Force reserve component personnel to provide training and instruction regarding pilot training. 

Sec. 516. 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—General Service Authorities 

Sec. 521. Matters relating to provision of leave for members of the Armed Forces, including prohibition on leave not expressly authorized by law. 

Sec. 522. Transfer of provision relating to expenses incurred in connection with 

leave canceled due to contingency operations. 

Sec. 523. Expansion of authority to execute certain military instruments. 

Sec. 524. Medical examination before administrative separation for members with 

post-traumatic stress disorder or traumatic brain injury in connection 

with sexual assault. 

Sec. 525. Reduction of tenure on the temporary disability retired list. 

Sec. 526. Technical correction to voluntary separation pay and benefits. 

Sec. 527. Consolidation of Army marketing and pilot program on consolidated Army 

recruiting. 

Subtitle D—Member Whistleblower Protections and Correction of Military Records 

Sec. 531. Improvements to whistleblower protection procedures. 

Sec. 532. Modification of whistleblower protection authorities to restrict contrary 

findings of prohibited personnel action by the Secretary concerned. 

Sec. 533. Availability of certain Correction of Military Records and Discharge Review Board information through the Internet. 

Sec. 534. Improvements to authorities and procedures for the correction of military 

records. 

Sec. 535. 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. 536. Comptroller General of the United States review of integrity of Department 

of Defense whistleblower program. 

Subtitle E—Military Justice and Legal Assistance Matters 

Sec. 541. United States Court of Appeals for the Armed Forces. 

Sec. 542. Effective prosecution and defense in courts-martial and pilot programs on 

professional military justice development for judge advocates. 

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. Extension of the requirement for annual report regarding sexual assaults 

and coordination with release of Family Advocacy Program report. 

Sec. 545. 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. 

Sec. 546. Training for Department of Defense personnel who investigate claims of retaliation. 

Sec. 547. Notification to complainants of resolution of investigations into retaliation. 

Sec. 548. Modification of definition of sexual harassment for purposes of investigations by commanding officers of complaints of harassment. 

Sec. 549. Improved Department of Defense prevention of and response to hazing in 

the Armed Forces. 

Subtitle F—National Commission on Military, National, and Public Service 

Sec. 551. Purpose, scope, and definitions. 

Sec. 552. Preliminary report on purpose and utility of registration system under 

Military Selective Service Act. 

Sec. 553. National Commission on Military, National, and Public Service. 

Sec. 554. Commission hearings and meetings. 


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Sec. 555. Principles and procedure for Commission recommendations. 

Sec. 556. Executive Director and staff. 

Sec. 557. Termination of Commission. 

Subtitle G—Member Education, Training, Resilience, and Transition 

Sec. 561. Modification of program to assist members of the Armed Forces in obtaining professional credentials. 

Sec. 562. Inclusion of alcohol, prescription drug, opioid, and other substance abuse 

counseling as part of required preseparation counseling. 

Sec. 563. Inclusion of information in Transition Assistance Program regarding effect 

of receipt of both veteran disability compensation and voluntary separation pay. 

Sec. 564. Training under Transition Assistance Program on career and employment 

opportunities associated with transportation security cards. 

Sec. 565. Extension of suicide prevention and resilience program. 

Sec. 566. Congressional notification in advance of appointments to service academies. 

Sec. 567. Report and guidance on Job Training, Employment Skills Training, Apprenticeships, and Internships and SkillBridge initiatives for members 

of the Armed Forces who are being separated. 

Sec. 568. Military-to-mariner transition. 

Subtitle H—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. One-year extension of authorities relating to the transition and support of 

military dependent students to local educational agencies. 

Sec. 573. Annual notice to members of the Armed Forces regarding child custody 

protections guaranteed by the Servicemembers Civil Relief Act. 

Sec. 574. Requirement for annual Family Advocacy Program report regarding child 

abuse and domestic violence. 

Sec. 575. Reporting on allegations of child abuse in military families and homes. 

Sec. 576. Repeal of Advisory Council on Dependents’ Education. 

Sec. 577. Support for programs providing camp experience for children of military 

families. 

Sec. 578. Comptroller General of the United States assessment and report on Exceptional Family Member Programs. 

Sec. 579. Impact aid amendments. 

Subtitle I—Decorations and Awards 

Sec. 581. Posthumous advancement of Colonel George E. ‘‘Bud’’ Day, United States 

Air Force, on the retired list. 

Sec. 582. Authorization for award of medals for acts of valor during certain contingency operations. 

Sec. 583. Authorization for award of the Medal of Honor to Gary M. Rose and 

James C. McCloughan for acts of valor during the Vietnam War. 

Sec. 584. Authorization for award of Distinguished-Service Cross to First Lieutenant 

Melvin M. Spruiell for acts of valor during World War II. 

Sec. 585. Authorization for award of the Distinguished Service Cross to Chaplain 

(First Lieutenant) Joseph Verbis LaFleur for acts of valor during World 

War II. 

Sec. 586. Review regarding award of Medal of Honor to certain Asian American and 

Native American Pacific Islander war veterans. 

Subtitle J—Miscellaneous Reports and Other Matters 

Sec. 591. Repeal of requirement for a chaplain at the United States Air Force Academy appointed by the President. 

Sec. 592. Extension of limitation on reduction in number of military and civilian 

personnel assigned to duty with service review agencies. 

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 feasability of electronic tracking of operational active-duty service performed by members of the Ready Reserve of the Armed Forces. 

Sec. 595. 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. 


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Sec. 596. Body mass index test. 

Sec. 597. Report on career progression tracks of the Armed Forces for women in 

combat arms units. 

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. Reports on a new single-salary pay system for members of the Armed 

Forces. 

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. Aviation incentive pay and bonus matters. 

Sec. 617. Conforming amendment to consolidation of special pay, incentive pay, and 

bonus authorities. 

Sec. 618. Technical amendments relating to 2008 consolidation of certain special 

pay authorities. 

Subtitle C—Travel and Transportation Allowances 

Sec. 621. Maximum reimbursement amount for travel expenses of members of the 

Reserves attending inactive duty training outside of normal commuting 

distances. 

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 full Thrift Savings Plan members who have completed 8 to 12 years of service. 

Sec. 634. Combat-related special compensation coordinating amendment. 

PART II—OTHER MATTERS

Sec. 641. Use of member’s current pay grade and years of service and retired pay 

cost-of-living adjustments, rather than final retirement pay grade and 

years of service, in a division of property involving disposable retired 

pay. 

Sec. 642. Equal benefits under Survivor Benefit Plan for survivors of reserve component members who die in the line of duty during inactive-duty training. 

Sec. 643. Authority to deduct Survivor Benefit Plan premiums from combat-related 

special compensation when retired pay not sufficient. 

Sec. 644. 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. 645. Authority for payment of pay and allowances and retired and retainer pay 

pursuant to power of attorney. 

Sec. 646. Extension of authority to pay special survivor indemnity allowance under 

the Survivor Benefit Plan. 

Sec. 647. Repeal of obsolete authority for combat-related injury rehabilitation pay. 

Sec. 648. Independent assessment of the Survivor Benefit Plan. 


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Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and 

Operations 

Sec. 661. Protection and enhancement of access to and savings at commissaries and 

exchanges. 

Sec. 662. Acceptance of Military Star Card at commissaries. 

Subtitle F—Other Matters 

Sec. 671. Recovery of amounts owed to the United States by members of the uniformed services. 

Sec. 672. Modification of flat rate per diem requirement for personnel on long-term 

temporary duty assignments. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—Reform of TRICARE and Military Health System 

Sec. 701. TRICARE Select and other TRICARE reform. 

Sec. 702. Reform of administration of the Defense Health Agency and military medical treatment facilities. 

Sec. 703. Military medical treatment facilities. 

Sec. 704. Access to urgent and primary care under TRICARE program. 

Sec. 705. Value-based purchasing and acquisition of managed care support contracts for TRICARE program. 

Sec. 706. Establishment of high performance military-civilian integrated health delivery systems. 

Sec. 707. Joint Trauma System. 

Sec. 708. Joint Trauma Education and Training Directorate. 

Sec. 709. Standardized system for scheduling medical appointments at military 

treatment facilities. 

Subtitle B—Other Health Care Benefits 

Sec. 711. Extended TRICARE program coverage for certain members of the National 

Guard and dependents during certain disaster response duty. 

Sec. 712. Continuity of health care coverage for Reserve Components. 

Sec. 713. Provision of hearing aids to dependents of retired members. 

Sec. 714. Coverage of medically necessary food and vitamins for certain conditions 

under the TRICARE program. 

Sec. 715. Eligibility of certain beneficiaries under the TRICARE program for participation in the Federal Employees Dental and Vision Insurance Program. 

Sec. 716. Applied behavior analysis. 

Sec. 717. Evaluation and treatment of veterans and civilians at military treatment 

facilities. 

Sec. 718. Enhancement of use of telehealth services in military health system. 

Sec. 719. Authorization of reimbursement by Department of Defense to entities carrying out State vaccination programs for costs of vaccines provided to 

covered beneficiaries. 

Subtitle C—Health Care Administration 

Sec. 721. Authority to convert military medical and dental positions to civilian medical and dental positions. 

Sec. 722. Prospective payment of funds necessary to provide medical care for the 

Coast Guard. 

Sec. 723. Reduction of administrative requirements relating to automatic renewal of 

enrollments in TRICARE Prime. 

Sec. 724. Modification of authority of Uniformed Services University of the Health 

Sciences to include undergraduate and other medical education and 

training programs. 

Sec. 725. Adjustment of medical services, personnel authorized strengths, and infrastructure in military health system to maintain readiness and core competencies of health care providers. 

Sec. 726. Program to eliminate variability in health outcomes and improve quality 

of health care services delivered in military medical treatment facilities. 

Sec. 727. Acquisition strategy for health care professional staffing services. 

Sec. 728. Adoption of core quality performance metrics. 

Sec. 729. Improvement of health outcomes and control of costs of health care under 

TRICARE program through programs to involve covered beneficiaries. 


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Sec. 730. Accountability for the performance of the military health system of certain 

leaders within the system. 

Sec. 731. Establishment of advisory committees for military treatment facilities. 

Subtitle D—Reports and Other Matters 

Sec. 741. Extension of authority for joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund and report on implementation of information technology capabilities. 

Sec. 742. Pilot program on expansion of use of physician assistants to provide mental health care to members of the Armed Forces. 

Sec. 743. Pilot program for prescription drug acquisition cost parity in the 

TRICARE pharmacy benefits program. 

Sec. 744. Pilot program on display of wait times at urgent care clinics and pharmacies of military medical treatment facilities. 

Sec. 745. Requirement to review and monitor prescribing practices at military treatment facilities of pharmaceutical agents for treatment of post-traumatic 

stress. 

Sec. 746. Department of Defense study on preventing the diversion of opioid medications. 

Sec. 747. Incorporation into survey by Department of Defense of questions on experiences of members of the Armed Forces with family planning services 

and counseling. 

Sec. 748. 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. 749. Oversight of graduate medical education programs of military departments. 

Sec. 750. Study on health of helicopter and tiltrotor pilots. 

Sec. 751. Comptroller General reports on health care delivery and waste in military 

health system. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 

RELATED MATTERS 

Subtitle A—Acquisition Policy and 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. Modernization of services acquisition. 

Sec. 804. Defense Modernization Account amendments. 

Subtitle B—Department of Defense Acquisition Agility 

Sec. 805. Modular open system approach in development of major weapon systems. 

Sec. 806. Development, prototyping, and deployment of weapon system components 

or technology. 

Sec. 807. Cost, schedule, and performance of major defense acquisition programs. 

Sec. 808. Transparency in major defense acquisition programs. 

Sec. 809. Amendments relating to technical data rights. 

Subtitle C—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

Sec. 811. Modified restrictions on undefinitized contractual actions. 

Sec. 812. Amendments relating to inventory and tracking of purchases of services. 

Sec. 813. Use of lowest price technically acceptable source selection process. 

Sec. 814. Procurement of personal protective equipment. 

Sec. 815. Amendments related to detection and avoidance of counterfeit electronic 

parts. 

Sec. 816. Amendments to special emergency procurement authority. 

Sec. 817. Compliance with domestic source requirements for footwear furnished to 

enlisted members of the Armed Forces upon their initial entry into the 

Armed Forces. 

Sec. 818. Extension of authority for enhanced transfer of technology developed at Department of Defense laboratories. 

Sec. 819. Modified notification requirement for exercise of waiver authority to acquire vital national security capabilities. 

Sec. 820. Defense cost accounting standards. 


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Sec. 821. Increased micro-purchase threshold applicable to Department of Defense 

procurements. 

Sec. 822. Enhanced competition requirements. 

Sec. 823. Revision to effective date of senior executive benchmark compensation for 

allowable cost limitations. 

Sec. 824. Treatment of independent research and development costs on certain contracts. 

Sec. 825. 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. 826. Extension of program for comprehensive small business contracting plans. 

Sec. 827. 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. 828. Defense Acquisition Challenge Program amendments. 

Sec. 829. Preference for fixed-price contracts. 

Sec. 830. Requirement to use firm fixed-price contracts for foreign military sales. 

Sec. 831. Preference for performance-based contract payments. 

Sec. 832. Contractor incentives to achieve savings and improve mission performance. 

Sec. 833. Sunset and repeal of certain contracting provisions. 

Sec. 834. Flexibility in contracting award program. 

Sec. 835. Protection of task order competition. 

Sec. 836. Contract closeout authority. 

Sec. 837. Closeout of old Department of the Navy contracts. 

Subtitle D—Provisions Relating to Major Defense Acquisition Programs 

Sec. 841. Change in date of submission to Congress of Selected Acquisition Reports. 

Sec. 842. Amendments relating to independent cost estimation and cost analysis. 

Sec. 843. Revisions to Milestone B determinations. 

Sec. 844. Review and report on sustainment planning in the acquisition process. 

Sec. 845. Revision to distribution of annual report on operational test and evaluation. 

Sec. 846. Repeal of major automated information systems provisions. 

Sec. 847. Revisions to definition of major defense acquisition program. 

Sec. 848. Acquisition strategy. 

Sec. 849. Improved life-cycle cost control. 

Sec. 850. Authority to designate increments or blocks of items delivered under major 

defense acquisition programs as major subprograms for purposes of acquisition reporting. 

Sec. 851. Reporting of small business participation on Department of Defense programs. 

Sec. 852. Waiver of congressional notification for acquisition of tactical missiles and 

munitions greater than quantity specified in law. 

Sec. 853. Multiple program multiyear contract pilot demonstration program. 

Sec. 854. Key performance parameter reduction pilot program. 

Sec. 855. Mission integration management. 

Subtitle E—Provisions Relating to Acquisition Workforce 

Sec. 861. Project management. 

Sec. 862. Authority to waive tenure requirement for program managers for program 

definition and program execution periods. 

Sec. 863. Purposes for which the Department of Defense Acquisition Workforce Development Fund may be used; advisory panel amendments. 

Sec. 864. Department of Defense Acquisition Workforce Development Fund determination adjustment. 

Sec. 865. Limitations on funds used for staff augmentation contracts at management headquarters of the Department of Defense and the military departments. 

Sec. 866. Senior Military Acquisition Advisors in the Defense Acquisition Corps. 

Sec. 867. Authority of the Secretary of Defense under the acquisition demonstration 

project. 

Subtitle F—Provisions Relating to Commercial Items 

Sec. 871. Market research for determination of price reasonableness in acquisition 

of commercial items. 

Sec. 872. Value analysis for the determination of price reasonableness. 

Sec. 873. Clarification of requirements relating to commercial item determinations. 


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Sec. 874. Inapplicability of certain laws and regulations to the acquisition of commercial items and commercially available off-the-shelf items. 

Sec. 875. Use of commercial or non-Government standards in lieu of military specifications and standards. 

Sec. 876. Preference for commercial services. 

Sec. 877. Treatment of commingled items purchased by contractors as commercial 

items. 

Sec. 878. Treatment of services provided by nontraditional contractors as commercial items. 

Sec. 879. Defense pilot program for authority to acquire innovative commercial 

items, technologies, and services using general solicitation competitive 

procedures. 

Sec. 880. Pilot programs for authority to acquire innovative commercial items using 

general solicitation competitive procedures. 

Subtitle G—Industrial Base Matters 

Sec. 881. Greater integration of the national technology and industrial base. 

Sec. 882. Integration of civil and military roles in attaining national technology and 

industrial base objectives. 

Sec. 883. Pilot program for distribution support and services for weapon systems 

contractors. 

Sec. 884. Nontraditional and small contractor innovation prototyping program. 

Subtitle H—Other Matters 

Sec. 885. Report on bid protests. 

Sec. 886. Review and report on indefinite delivery contracts. 

Sec. 887. Review and report on contractual flow-down provisions. 

Sec. 888. Requirement and review relating to use of brand names or brand-name or 

equivalent descriptions in solicitations. 

Sec. 889. Inclusion of information on common grounds for sustaining bid protests 

in annual Government Accountability Office reports to Congress. 

Sec. 890. Study and report on contracts awarded to minority-owned and womenowned businesses. 

Sec. 891. Authority to provide reimbursable auditing services to certain non-Defense 

Agencies. 

Sec. 892. Selection of service providers for auditing services and audit readiness 

services. 

Sec. 893. Amendments to contractor business system requirements. 

Sec. 894. Improved management practices to reduce cost and improve performance 

of certain Department of Defense organizations. 

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. Rapid prototyping funds for the military departments. 

Sec. 898. Establishment of Panel on Department of Defense and AbilityOne Contracting Oversight, Accountability, and Integrity; Defense Acquisition 

University training. 

Sec. 899. Coast Guard major acquisition programs. 

Sec. 899A. Enhanced authority to acquire products and services produced in Africa 

in support of certain activities. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT 

Subtitle A—Office of the Secretary of Defense and Related Matters 

Sec. 901. Organization of the Office of the Secretary of Defense. 

Sec. 902. Responsibilities and reporting of the Chief Information Officer of the Department of Defense. 

Sec. 903. Maximum number of personnel in the Office of the Secretary of Defense 

and other Department of Defense headquarters offices. 

Sec. 904. Repeal of Financial Management Modernization Executive Committee. 

Subtitle B—Organization and Management of the Department of Defense Generally 

Sec. 911. Organizational strategy for the Department of Defense. 

Sec. 912. Policy, organization, and management goals and priorities of the Secretary 

of Defense for the Department of Defense. 

Sec. 913. Secretary of Defense delivery unit. 


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Sec. 914. Performance of civilian functions by military personnel. 

Sec. 915. Repeal of requirements relating to efficiencies plan for the civilian personnel workforce and service contractor workforce of the Department of 

Defense. 

Subtitle C—Joint Chiefs of Staff and Combatant Command Matters 

Sec. 921. Joint Chiefs of Staff and related combatant command matters. 

Sec. 922. Organization of the Department of Defense for management of special operations forces and special operations. 

Sec. 923. Establishment of unified combatant command for cyber operations. 

Sec. 924. Assigned forces of the combatant commands. 

Sec. 925. Modifications to the requirements process. 

Sec. 926. Review of combatant command organization. 

Subtitle D—Organization and Management of Other Department of Defense Offices 

and Elements 

Sec. 931. Qualifications for appointment of the Secretaries of the military departments. 

Sec. 932. Enhanced personnel management authorities for the Chief of the National 

Guard Bureau. 

Sec. 933. Reorganization and redesignation of Office of Family Policy and Office of 

Community Support for Military Families with Special Needs. 

Sec. 934. Redesignation of Assistant Secretary of the Air Force for Acquisition as Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics. 

Subtitle E—Strategies, Reports, and Related Matters 

Sec. 941. National defense strategy. 

Sec. 942. Commission on the National Defense Strategy for the United States. 

Sec. 943. Reform of the national military strategy. 

Sec. 944. Form of annual national security strategy report. 

Sec. 945. Modification to independent study of national security strategy formulation process. 

Subtitle F—Other Matters 

Sec. 951. Enhanced security programs for Department of Defense personnel and innovation initiatives. 

Sec. 952. 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. 953. Modifications to requirements for accounting for members of the Armed 

Forces and Department of Defense civilian employees listed as missing. 

Sec. 954. Modifications to corrosion report. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Report on auditable financial statements. 

Sec. 1003. Increased use of commercial data integration and analysis products for 

the purpose of preparing financial statement audits. 

Sec. 1004. Sense of Congress on sequestration. 

Sec. 1005. Requirement to transfer funds from Department of Defense Acquisition 

Workforce Development Fund to the Treasury. 

Subtitle B—Counterdrug Activities 

Sec. 1011. Codification and modification of authority to provide support for 

counterdrug activities and activities to counter transnational organized 

crime of civilian law enforcement agencies. 

Sec. 1012. Secretary of Defense review of curricula and program structures of National Guard counterdrug schools. 

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

Sec. 1014. Enhancement of information sharing and coordination of military training between Department of Homeland Security and Department of Defense. 


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Subtitle C—Naval Vessels and Shipyards 

Sec. 1021. Definition of short-term work with respect to overhaul, repair, or maintenance of naval vessels. 

Sec. 1022. Warranty requirements for shipbuilding contracts. 

Sec. 1023. National Sea-Based Deterrence Fund. 

Sec. 1024. Availability of funds for retirement or inactivation of Ticonderoga-class 

cruisers or dock landing ships. 

Subtitle D—Counterterrorism 

Sec. 1031. Frequency of counterterrorism operations briefings. 

Sec. 1032. Prohibition on use of funds for transfer or release of individuals detained 

at United States Naval Station, Guantanamo Bay, Cub, to the United 

States. 

Sec. 1033. 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. 1034. Prohibition on use of funds for transfer or release to certain countries of 

individuals detained at United States Naval Station, Guantanamo Bay, 

Cuba. 

Sec. 1035. Prohibition on use of funds for realignment of forces at or closure of 

United States Naval Station, Guantanamo Bay, Cuba. 

Sec. 1036. Congressional notification requirements for sensitive military operations. 

Subtitle E—Miscellaneous Authorities and Limitations 

Sec. 1041. Expanded authority for transportation by the Department of Defense of 

non-Department of Defense personnel and cargo. 

Sec. 1042. Reduction in minimum number of Navy carrier air wings and carrier air 

wing headquarters required to be maintained. 

Sec. 1043. Modification to support for non-Federal development and testing of material for chemical agent defense. 

Sec. 1044. Protection of certain Federal spectrum operations. 

Sec. 1045. Prohibition on use of funds for retirement of legacy maritime mine countermeasures platforms. 

Sec. 1046. Extension of authority of Secretary of Transportation to issue non-premium aviation insurance. 

Sec. 1047. Evaluation of Navy alternate combination cover and unisex combination 

cover. 

Sec. 1048. Independent evaluation of Department of Defense excess property program. 

Sec. 1049. Waiver of certain polygraph examination requirements. 

Sec. 1050. Use of Transportation Worker Identification Credential to gain access at 

Department of Defense installations. 

Sec. 1051. Limitation on availability of funds for destruction of certain landmines 

and briefing on development of replacement anti-personnel landmine 

munitions. 

Sec. 1052. Transition of Air Force to operation of remotely piloted aircraft by enlisted personnel. 

Sec. 1053. Prohibition on divestment of Marine Corps Search and Rescue Units. 

Sec. 1054. Support for the Associate Director of the Central Intelligence Agency for 

Military Affairs. 

Sec. 1055. Notification on the provision of defense sensitive support. 

Sec. 1056. Prohibition on enforcement of military commission rulings preventing 

members of the Armed Forces from carrying out otherwise lawful duties 

based on member sex. 

Subtitle F—Studies and Reports 

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

Sec. 1062. Reports on programs managed under alternative compensatory control 

measures in the Department of Defense. 

Sec. 1063. Matters for inclusion in report on designation of countries for which rewards may be paid under Department of Defense rewards program. 

Sec. 1064. Annual reports on unfunded priorities of the Armed Forces and the combatant commands and annual report on combatant command requirements. 

Sec. 1065. Management and reviews of electromagnetic spectrum. 

Sec. 1066. Requirement for notice and reporting to Committees on Armed Services 

on certain expenditures of funds by Defense Intelligence Agency. 


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Sec. 1067. Congressional notification of biological select agent and toxin theft, loss, 

or release involving the Department of Defense. 

Sec. 1068. Report on service-provided support and enabling capabilities to United 

States special operations forces. 

Sec. 1069. Report on citizen security responsibilities in the Northern Triangle of 

Central America. 

Sec. 1070. Report on counterproliferation activities and programs. 

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

Sec. 1072. Quarterly reports on parachute jumps conducted at Fort Bragg and Pope 

Army Airfield and Air Force support for such jumps. 

Sec. 1073. Study on military helicopter noise. 

Sec. 1074. Independent review of United States military strategy and force posture 

in the United States Pacific Command area of responsibility. 

Sec. 1075. Assessment of the joint ground forces of the Armed Forces. 

Subtitle G—Other Matters 

Sec. 1081. Technical and clerical amendments. 

Sec. 1082. Increase in maximum amount available for equipment, services, and supplies provided for humanitarian demining assistance. 

Sec. 1083. Liquidation of unpaid credits accrued as a result of transactions under 

a cross-servicing agreement. 

Sec. 1084. Modification of requirements relating to management of military technicians. 

Sec. 1085. Streamlining of the National Security Council. 

Sec. 1086. National biodefense strategy. 

Sec. 1087. Global Cultural Knowledge Network. 

Sec. 1088. Sense of Congress regarding Connecticut’s Submarine Century. 

Sec. 1089. Sense of Congress regarding the reporting of the MV–22 mishap in 

Marana, Arizona, on April 8, 2000. 

Sec. 1090. Cost of Wars. 

Sec. 1091. Reconnaissance Strike Group matters. 

Sec. 1092. Border security metrics. 

Sec. 1093. Program to commemorate the 100th anniversary of the Tomb of the Unknown Soldier. 

Sec. 1094. Sense of Congress regarding the OCONUS basing of the KC–46A aircraft. 

Sec. 1095. Designation of a Department of Defense Strategic Arctic Port. 

Sec. 1096. Recovery of excess rifles, ammunition, and parts granted to foreign countries and transfer to certain persons. 

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. Training for employment personnel of Department of Defense on matters 

relating to authorities for recruitment and retention at United States 

Cyber Command. 

Sec. 1104. Public-private talent exchange. 

Sec. 1105. Temporary and term appointments in the competitive service in the Department of Defense. 

Sec. 1106. Direct-hire authority for the Department of Defense for post-secondary 

students and recent graduates. 

Sec. 1107. Temporary increase in maximum amount of voluntary separation incentive pay authorized for civilian employees of the Department of Defense. 

Sec. 1108. Extension of rate of overtime pay for Department of the Navy employees 

performing work aboard or dockside in support of the nuclear-powered 

aircraft carrier forward deployed in Japan. 

Sec. 1109. Limitation on number of DOD SES positions. 

Sec. 1110. Direct hire authority for financial management experts in the Department 

of Defense workforce. 

Sec. 1111. Repeal of certain basis for appointment of a retired member of the Armed 

Forces to Department of Defense position within 180 days of retirement. 

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. 


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Sec. 1122. Codification and modification of certain authorities for certain positions 

at Department of Defense research and engineering laboratories. 

Sec. 1123. Modification to information technology personnel exchange program. 

Sec. 1124. 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. 1125. Temporary direct hire authority for domestic defense industrial base facilities, the Major Range and Test Facilities Base, and the Office of the 

Director of Operational Test and Evaluation. 

Subtitle C—Governmentwide Matters 

Sec. 1131. Elimination of two-year eligibility limitation for noncompetitive appointment of spouses of members of the Armed Forces. 

Sec. 1132. Temporary personnel flexibilities for domestic defense industrial base facilities and Major Range and Test Facilities Base civilian personnel. 

Sec. 1133. One-year extension of temporary authority to grant allowances, benefits, 

and gratuities to civilian personnel on official duty in a combat zone. 

Sec. 1134. Advance payments for employees relocating within the United States and 

its territories. 

Sec. 1135. Eligibility of employees in a time-limited appointment to compete for a 

permanent appointment at any Federal agency. 

Sec. 1136. Review of official personnel file of former Federal employees before rehiring. 

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. 

Sec. 1138. Administrative leave. 

Sec. 1139. Direct hiring for Federal wage schedule employees. 

Sec. 1140. Record of investigation of personnel action in separated employee’s official personnel file. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. One-year extension of logistical support for coalition forces supporting 

certain United States military operations. 

Sec. 1202. Special Defense Acquisition Fund matters. 

Sec. 1203. Codification of authority for support of special operations to combat terrorism. 

Sec. 1204. Independent evaluation of strategic framework for Department of Defense 

security cooperation. 

Sec. 1205. Sense of Congress regarding an assessment, monitoring, and evaluation 

framework for security cooperation. 

Subtitle B—Matters Relating to Afghanistan and Pakistan 

Sec. 1211. Extension and modification of Commanders’ Emergency Response Program. 

Sec. 1212. Extension of authority to acquire products and services produced in countries along a major route of supply to Afghanistan. 

Sec. 1213. Extension and modification of authority to transfer defense articles and 

provide defense services to the military and security forces of Afghanistan. 

Sec. 1214. Special immigrant status for certain Afghans. 

Sec. 1215. Modification to semiannual report on enhancing security and stability in 

Afghanistan. 

Sec. 1216. 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. 1217. Improvement of oversight of United States Government efforts in Afghanistan. 

Sec. 1218. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations. 

Subtitle C—Matters Relating to Syria, Iraq, and Iran 

Sec. 1221. Modification and extension of authority to provide assistance to the vetted 

Syrian opposition. 

Sec. 1222. Modification and extension of authority to provide assistance to counter 

the Islamic State of Iraq and the Levant. 


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Sec. 1223. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq. 

Sec. 1224. Limitation on provision of man-portable air defense systems to the vetted 

Syrian opposition during fiscal year 2017. 

Sec. 1225. Modification of annual report on military power of Iran. 

Sec. 1226. Quarterly report on confirmed ballistic missile launches from Iran. 

Subtitle D—Matters Relating to the Russian Federation 

Sec. 1231. Military response options to Russian Federation violation of INF Treaty. 

Sec. 1232. Limitation on military cooperation between the United States and the 

Russian Federation. 

Sec. 1233. Extension and modification of authority on training for Eastern European national military forces in the course of multilateral exercises. 

Sec. 1234. Prohibition on availability of funds relating to sovereignty of the Russian 

Federation over Crimea. 

Sec. 1235. Annual report on military and security developments involving the Russian Federation. 

Sec. 1236. Limitation on use of funds to vote to approve or otherwise adopt any implementing decision of the Open Skies Consultative Commission and related requirements. 

Sec. 1237. Extension and enhancement of Ukraine Security Assistance Initiative. 

Sec. 1238. Reports on INF Treaty and Open Skies Treaty. 

Subtitle E—Reform of Department of Defense Security Cooperation 

Sec. 1241. Enactment of new chapter for defense security cooperation. 

Sec. 1242. Military-to-military exchanges. 

Sec. 1243. Consolidation and revision of authorities for payment of personnel expenses necessary for theater security cooperation. 

Sec. 1244. Transfer and revision of certain authorities on payment of expenses of 

training and exercises with friendly foreign forces. 

Sec. 1245. Transfer and revision of authority to provide operational support to forces 

of friendly foreign countries. 

Sec. 1246. Department of Defense State Partnership Program. 

Sec. 1247. Transfer of authority on Regional Defense Combating Terrorism Fellowship Program. 

Sec. 1248. Consolidation of authorities for service academy international engagement. 

Sec. 1249. Consolidated annual budget for security cooperation programs and activities of the Department of Defense. 

Sec. 1250. Department of Defense security cooperation workforce development. 

Sec. 1251. Reporting requirements. 

Sec. 1252. Quadrennial review of security sector assistance programs and authorities of the United States Government. 

Sec. 1253. Other conforming amendments and authority for administration. 

Subtitle F—Human Rights Sanctions 

Sec. 1261. Short title. 

Sec. 1262. Definitions. 

Sec. 1263. Authorization of imposition of sanctions. 

Sec. 1264. Reports to Congress. 

Sec. 1265. Sunset. 

Subtitle G—Miscellaneous Reports 

Sec. 1271. Modification of annual report on military and security developments involving the People’s Republic of China. 

Sec. 1272. Monitoring and evaluation of overseas humanitarian, disaster, and civic 

aid programs of the Department of Defense. 

Sec. 1273. Strategy for United States defense interests in Africa. 

Sec. 1274. Report on the potential for cooperation between the United States and 

Israel on directed energy capabilities. 

Sec. 1275. Annual update of Department of Defense Freedom of Navigation Report. 

Sec. 1276. Assessment of proliferation of certain remotely piloted aircraft systems. 

Subtitle H—Other Matters 

Sec. 1281. Enhancement of interagency support during contingency operations and 

transition periods. 

Sec. 1282. Two-year extension and modification of authorization of non-conventional 

assisted recovery capabilities. 


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Sec. 1283. Authority to destroy certain specified World War II-era United States-origin chemical munitions located on San Jose Island, Republic of Panama. 

Sec. 1284. Sense of Congress on military exchanges between the United States and 

Taiwan. 

Sec. 1285. Limitation on availability of funds to implement the Arms Trade Treaty. 

Sec. 1286. Prohibition on use of funds to invite, assist, or otherwise assure the participation of Cuba in certain joint or multilateral exercises. 

Sec. 1287. Global Engagement Center. 

Sec. 1288. Modification of United States International Broadcasting Act of 1994. 

Sec. 1289. Redesignation of South China Sea Initiative. 

Sec. 1290. Measures against persons involved in activities that violate arms control 

treaties or agreements with the United States. 

Sec. 1291. Agreements with foreign governments to develop land-based water resources in support of and in preparation for contingency operations. 

Sec. 1292. Enhancing defense and security cooperation with India. 

Sec. 1293. Coordination of efforts to develop free trade agreements with sub-Saharan African countries. 

Sec. 1294. Extension and expansion of authority to support border security operations of certain foreign countries. 

Sec. 1295. Modification and clarification of United States-Israel anti-tunnel cooperation authority. 

Sec. 1296. 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. 

Sec. 1297. International sales process improvements. 

Sec. 1298. Efforts to end modern slavery. 

TITLE XIII—COOPERATIVE THREAT REDUCTION 

Sec. 1301. Specification of Cooperative Threat Reduction funds. 

Sec. 1302. Funding allocations. 

Sec. 1303. Limitation on availability of funds for Cooperative Threat Reduction in 

People’s Republic of China. 

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. 

Subtitle B—National Defense Stockpile 

Sec. 1411. Authority to dispose of certain materials from and to acquire additional 

materials for the National Defense Stockpile. 

Sec. 1412. National Defense Stockpile matters. 

Subtitle C—Chemical Demilitarization Matters 

Sec. 1421. 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 and treatment of certain authorizations of appropriations. 

Sec. 1502. Procurement. 

Sec. 1503. Research, development, test, and evaluation. 

Sec. 1504. Operation and maintenance. 

Sec. 1505. Military personnel. 


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Sec. 1506. Working capital funds. 

Sec. 1507. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1508. Defense Inspector General. 

Sec. 1509. Defense Health program. 

Subtitle B—Financial Matters 

Sec. 1511. Treatment as additional authorizations. 

Sec. 1512. Special transfer authority. 

Subtitle C—Limitations, Reports, and Other Matters 

Sec. 1521. Afghanistan Security Forces Fund. 

Sec. 1522. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1523. Extension of authority to use Joint Improvised Explosive Device Defeat 

Fund for training of foreign security forces to defeat improvised explosive devices. 

Sec. 1524. Overseas contingency operations. 

Sec. 1525. Extension and modification of authorities on Counterterrorism Partnerships Fund. 

TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE 

MATTERS 

Subtitle A—Space Activities 

Sec. 1601. Repeal of provision permitting the use of rocket engines from the Russian 

Federation for the evolved expendable launch vehicle program. 

Sec. 1602. Exception to the prohibition on contracting with Russian suppliers of 

rocket engines for the evolved expendable launch vehicle program. 

Sec. 1603. Rocket propulsion system to replace RD–180. 

Sec. 1604. Plan for use of allied launch vehicles. 

Sec. 1605. Analysis of alternatives for wide-band communications. 

Sec. 1606. Modification of pilot program for acquisition of commercial satellite communication services. 

Sec. 1607. Space-based environmental monitoring. 

Sec. 1608. Prohibition on use of certain non-allied positioning, navigation, and timing systems. 

Sec. 1609. Limitation of availability of funds for the Joint Space Operations Center 

Mission System. 

Sec. 1610. Limitations on availability of funds for the Global Positioning System 

Next Generation Operational Control System. 

Sec. 1611. Availability of funds for certain secure voice conferencing capabilities. 

Sec. 1612. Space-based infrared system and advanced extremely high frequency program. 

Sec. 1613. Pilot program on commercial weather data. 

Sec. 1614. Plans on transfer of acquisition and funding authority of certain weather 

missions to National Reconnaissance Office. 

Sec. 1615. Five-year plan for Joint Interagency Combined Space Operations Center. 

Sec. 1616. Organization and management of national security space activities of the 

Department of Defense. 

Sec. 1617. Review of charter of Operationally Responsive Space Program Office. 

Sec. 1618. Backup and complementary positioning, navigation, and timing capabilities of Global Positioning System. 

Sec. 1619. Report on use of spacecraft assets of the space-based infrared system 

wide-field-of-view program. 

Sec. 1620. Provision of certain information to Government Accountability Office by 

National Reconnaissance Office. 

Sec. 1621. Cost-benefit analysis of commercial use of excess ballistic missile solid 

rocket motors. 

Sec. 1622. Independent assessment of Global Positioning System Next Generation 

Operational Control System. 

Subtitle B—Defense Intelligence and Intelligence-Related Activities 

Sec. 1631. Report on United States Central Command Intelligence Fusion Center. 

Sec. 1632. Prohibition on availability of funds for certain relocation activities for 

NATO Intelligence Fusion Cell. 

Sec. 1633. Survey and review of Defense Intelligence Enterprise. 


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Subtitle C—Cyberspace-Related Matters 

Sec. 1641. Special emergency procurement authority to facilitate the defense against 

or recovery from a cyber attack. 

Sec. 1642. Limitation on termination of dual-hat arrangement for Commander of 

the United States Cyber Command. 

Sec. 1643. Cyber mission forces matters. 

Sec. 1644. Requirement to enter into agreements relating to use of cyber opposition 

forces. 

Sec. 1645. Cyber protection support for Department of Defense personnel in positions 

highly vulnerable to cyber attack. 

Sec. 1646. Limitation on full deployment of joint regional security stacks. 

Sec. 1647. Advisory committee on industrial security and industrial base policy. 

Sec. 1648. Change in name of National Defense University’s Information Resources 

Management College to College of Information and Cyberspace. 

Sec. 1649. Evaluation of cyber vulnerabilities of F–35 aircraft and support systems. 

Sec. 1650. Evaluation of cyber vulnerabilities of Department of Defense critical infrastructure. 

Sec. 1651. Strategy to incorporate Army reserve component cyber protection teams 

into Department of Defense cyber mission force. 

Sec. 1652. Strategic Plan for the Defense Information Systems Agency. 

Sec. 1653. Plan for information security continuous monitoring capability and comply-to-connect policy; limitation on software licensing. 

Sec. 1654. Reports on deterrence of adversaries in cyberspace. 

Sec. 1655. Sense of Congress on cyber resiliency of the networks and communications systems of the National Guard. 

Subtitle D—Nuclear Forces 

Sec. 1661. Improvements to Council on Oversight of National Leadership Command, 

Control, and Communications System. 

Sec. 1662. Treatment of certain sensitive information by State and local governments. 

Sec. 1663. Procurement authority for certain parts of intercontinental ballistic missile fuzes. 

Sec. 1664. Prohibition on availability of funds for mobile variant of ground-based 

strategic deterrent missile. 

Sec. 1665. Limitation on availability of funds for extension of New START Treaty. 

Sec. 1666. Certifications regarding integrated tactical warning and attack assessment mission of the Air Force. 

Sec. 1667. Matters relating to intercontinental ballistic missiles. 

Sec. 1668. Requests for forces to meet security requirements for land-based nuclear 

forces. 

Sec. 1669. Report on Russian and Chinese political and military leadership survivability, command and control, and continuity of government programs 

and activities. 

Sec. 1670. Review by Comptroller General of the United States of recommendations 

relating to nuclear enterprise of Department of Defense. 

Sec. 1671. Sense of Congress on nuclear deterrence. 

Sec. 1672. Sense of Congress on importance of independent nuclear deterrent of 

United Kingdom. 

Subtitle E—Missile Defense Programs 

Sec. 1681. National missile defense policy. 

Sec. 1682. Extensions of prohibitions relating to missile defense information and 

systems. 

Sec. 1683. Non-terrestrial missile defense intercept and defeat capability for the ballistic missile defense system. 

Sec. 1684. Review of the missile defeat policy and strategy of the United States. 

Sec. 1685. Maximizing Aegis Ashore capability and developing medium range discrimination radar. 

Sec. 1686. Technical authority for integrated air and missile defense activities and 

programs. 

Sec. 1687. Hypersonic defense capability development. 

Sec. 1688. Conventional Prompt Global Strike weapons system. 

Sec. 1689. Required testing by Missile Defense Agency of ground-based midcourse 

defense element of ballistic missile defense system. 

Sec. 1690. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program codevelopment and coproduction. 


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Sec. 1691. Limitations on availability of funds for lower tier air and missile defense 

capability of the Army. 

Sec. 1692. Pilot program on loss of unclassified, controlled technical information. 

Sec. 1693. Plan for procurement of medium-range discrimination radar to improve 

homeland missile defense. 

Sec. 1694. Review of Missile Defense Agency budget submissions for ground-based 

midcourse defense and evaluation of alternative ground-based interceptor deployments. 

Sec. 1695. Semiannual notifications on missile defense tests and costs. 

Sec. 1696. Reports on unfunded priorities of the Missile Defense Agency. 

Subtitle F—Other Matters 

Sec. 1697. Protection of certain facilities and assets from unmanned aircraft. 

Sec. 1698. Harmful interference to Department of Defense Global Positioning System. 

TITLE XVII—GUAM WORLD WAR II LOYALTY RECOGNITION ACT 

Sec. 1701. Short title. 

Sec. 1702. Recognition of the suffering and loyalty of the residents of Guam. 

Sec. 1703. Guam World War II Claims Fund. 

Sec. 1704. Payments for Guam World War II claims. 

Sec. 1705. Adjudication. 

Sec. 1706. Grants program to memorialize the occupation of Guam during World 

War II. 

Sec. 1707. Authorization of appropriations. 

TITLE XVIII—MATTERS RELATING TO SMALL BUSINESS PROCUREMENT 

Subtitle A—Improving Transparency and Clarity for Small Businesses 

Sec. 1801. Plain language rewrite of requirements for small business procurements. 

Sec. 1802. Transparency in small business goals. 

Subtitle B—Clarifying the Roles of Small Business Advocates 

Sec. 1811. Scope of review by procurement center representatives. 

Sec. 1812. Duties of the Office of Small and Disadvantaged Business Utilization. 

Sec. 1813. Improving contractor compliance. 

Sec. 1814. Improving education on small business regulations. 

Subtitle C—Strengthening Opportunities for Competition in Subcontracting 

Sec. 1821. Good faith in subcontracting. 

Sec. 1822. Pilot program to provide opportunities for qualified subcontractors to obtain past performance ratings. 

Sec. 1823. Amendments to the Mentor-Protege Program of the Department of Defense. 

Subtitle D—Miscellaneous Provisions 

Sec. 1831. Improvements to size standards for small agricultural producers. 

Sec. 1832. Uniformity in service-disabled veteran definitions. 

Sec. 1833. Office of Hearings and Appeals. 

Sec. 1834. Extension of SBIR and STTR programs. 

Sec. 1835. Issuance of guidance on small business matters. 

Subtitle E—Improving Cyber Preparedness for Small Businesses 

Sec. 1841. Small Business Development Center Cyber Strategy and outreach. 

Sec. 1842. Role of small business development centers in cybersecurity and preparedness. 

Sec. 1843. Additional cybersecurity assistance for small business development centers. 

Sec. 1844. Prohibition on additional funds. 

TITLE XIX—DEPARTMENT OF HOMELAND SECURITY COORDINATION 

Sec. 1901. Department of Homeland Security coordination. 

Sec. 1902. Office of Strategy, Policy, and Plans of the Department of Homeland Security. 

Sec. 1903. Management and execution. 

Sec. 1904. Chief Human Capital Officer of the Department of Homeland Security. 

Sec. 1905. Department of Homeland Security transparency. 


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Sec. 1906. Transparency in research and development. 

Sec. 1907. United States Government review of certain foreign fighters. 

Sec. 1908. National strategy to combat terrorist travel. 

Sec. 1909. National Operations Center. 

Sec. 1910. Department of Homeland Security strategy for international programs. 

Sec. 1911. State and high-risk urban area working groups. 

Sec. 1912. Cybersecurity strategy for the Department of Homeland Security. 

Sec. 1913. EMP and GMD planning, research and development, and protection and 

preparedness. 

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. 

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. 

Sec. 2208. Status of ‘‘net negative’’ policy regarding Navy acreage on Guam. 

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 authorization of certain fiscal year 2013 project. 

Sec. 2307. Extension of authorization of certain fiscal year 2014 project. 

Sec. 2308. Restriction on acquisition of property in Northern Mariana Islands. 

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. 


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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. Modification of authority to carry out certain fiscal year 2016 project. 

Sec. 2614. Extension of authorization of certain fiscal year 2013 project. 

Sec. 2615. Extension of authorizations of certain fiscal year 2014 projects. 

TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES 

Sec. 2701. Extension of authorizations of certain fiscal year 2014 projects. 

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 

Sec. 2801. Modification of criteria for treatment of laboratory revitalization projects 

as minor military construction projects. 

Sec. 2802. Classification of facility conversion projects as repair projects. 

Sec. 2803. Limited authority for scope of work increase. 

Sec. 2804. Extension of temporary, limited authority to use operation and maintenance funds for construction projects outside the United States. 

Sec. 2805. Authority to expand energy conservation construction program to include 

energy resiliency projects. 

Sec. 2806. Additional entities eligible for participation in defense laboratory modernization pilot program. 

Sec. 2807. Extension of temporary 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. Acceptance of military construction projects as payments in-kind and inkind contributions. 

Sec. 2812. Allotment of space and provision of services to WIC offices operating on 

military installations. 

Sec. 2813. Sense of Congress regarding inclusion of stormwater systems and components within the meaning of ‘‘wastewater system’’ under the Department 

of Defense authority for conveyance of utility systems. 

Sec. 2814. Assessment of public schools on Department of Defense installations. 

Sec. 2815. Prior certification required for use of Department of Defense facilities by 

other Federal agencies for temporary housing support. 

Subtitle C—Land Conveyances 

Sec. 2821. Land conveyance, High Frequency Active Auroral Research Program facility and adjacent property, Gakona, Alaska. 

Sec. 2822. Land conveyance, Campion Air Force Radar Station, Galena, Alaska. 

Sec. 2823. Lease, Joint Base Elmendorf-Richardson, Alaska. 

Sec. 2824. Transfer of administrative jurisdictions, Navajo Army Depot, Arizona. 

Sec. 2825. Exchange of property interests, San Diego Unified Port District, California. 

Sec. 2826. Release of property interests retained in connection with land conveyance, 

Eglin Air Force Base, Florida. 

Sec. 2827. Land exchange, Fort Hood, Texas. 

Sec. 2828. Land Conveyance, P–36 Warehouse, Colbern United States Army Reserve 

Center, Laredo, Texas. 

Sec. 2829. Land conveyance, St. George National Guard Armory, St. George, Utah. 

Sec. 2829A. Land acquisitions, Arlington County, Virginia. 

Sec. 2829B. Release of restrictions, Richland Innovation Center, Richland, Washington. 

Sec. 2829C. Modification of land conveyance, Rocky Mountain Arsenal National 

Wildlife Refuge. 

Sec. 2829D. Closure of St. Marys Airport. 


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Sec. 2829E. 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. 2829F. Return of certain lands at Fort Wingate, New Mexico, to the original inhabitants. 

Subtitle D—Military Memorials, Monuments, and Museums 

Sec. 2831. Cyber Center for Education and Innovation-Home of the National 

Cryptologic Museum. 

Sec. 2832. Renaming site of the Dayton Aviation Heritage National Historical Park, 

Ohio. 

Sec. 2833. Women’s military service memorials and museums. 

Sec. 2834. Petersburg National Battlefield boundary modification. 

Subtitle E—Designations and Other Matters 

Sec. 2841. Designation of portion of Moffett Federal Airfield, California, as Moffett 

Air National Guard Base. 

Sec. 2842. Redesignation of Mike O’Callaghan Federal Medical Center. 

Sec. 2843. Replenishment of Sierra Vista subwatershed regional aquifer, Arizona. 

Sec. 2844. Limited exceptions to restriction on development of public infrastructure 

in connection with realignment of Marine Corps forces in Asia-Pacific 

region. 

Sec. 2845. Duration of withdrawal and reservation of public land, Naval Air Weapons Station China Lake, California. 

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. 

TITLE XXX—UTAH TEST AND TRAINING RANGE AND RELATED MATTERS 

Subtitle A—Authorization for Temporary Closure of Certain Public Land Adjacent 

to the Utah Test and Training Range 

Sec. 3001. Definitions. 

Sec. 3002. Memorandum of agreement. 

Sec. 3003. Temporary closures. 

Sec. 3004. Liability. 

Sec. 3005. Community resource advisory group. 

Sec. 3006. Savings clauses. 

Subtitle B—Bureau of Land Management Land Exchange With State of Utah 

Sec. 3011. Definitions. 

Sec. 3012. Exchange of Federal land and non-Federal land. 

Sec. 3013. Status and management of non-Federal land acquired by the United 

States. 

Sec. 3014. Hazardous substances. 

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 

AUTHORIZATIONS AND OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

Subtitle A—National Security Programs and 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. Independent acquisition project reviews of capital assets acquisition 

projects. 

Sec. 3112. Protection of certain nuclear facilities and assets from unmanned aircraft. 

Sec. 3113. Common financial reporting system for the nuclear security enterprise. 

Sec. 3114. Rough estimate of total life cycle cost of tank waste cleanup at Hanford 

Nuclear Reservation. 


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Sec. 3115. Annual certification of shipments to Waste Isolation Pilot Plant. 

Sec. 3116. Disposition of weapons-usable plutonium. 

Sec. 3117. Design basis threat. 

Sec. 3118. Industry best practices in operations at National Nuclear Security Administration facilities and sites. 

Sec. 3119. Pilot program on unavailability for overhead costs of amounts specified 

for laboratory-directed research and development. 

Sec. 3120. Research and development of advanced naval nuclear fuel system based 

on low-enriched uranium. 

Sec. 3121. Increase in certain limitations applicable to funds for conceptual and 

construction design of the Department of Energy. 

Sec. 3122. Prohibition on availability of funds for programs in Russian Federation. 

Sec. 3123. Limitation on availability of funds for Federal salaries and expenses. 

Sec. 3124. Limitation on availability of funds for defense environmental cleanup 

program direction. 

Sec. 3125. Limitation on availability of funds for acceleration of nuclear weapons 

dismantlement. 

Subtitle C—Plans and Reports 

Sec. 3131. Independent assessment of technology development under defense environmental cleanup program. 

Sec. 3132. Updated plan for verification and monitoring of proliferation of nuclear 

weapons and fissile material. 

Sec. 3133. Report on the use of highly-enriched uranium for naval reactors. 

Sec. 3134. Analysis of approaches for supplemental treatment of low-activity waste 

at Hanford Nuclear Reservation. 

Sec. 3135. Clarification of annual report and certification on status of security of 

atomic energy defense facilities. 

Sec. 3136. Report on service support contracts and authority for appointment of certain personnel. 

Sec. 3137. Elimination of certain reporting requirements. 

Sec. 3138. Report on United States nuclear deterrence. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

TITLE XXXIV—NAVAL PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

TITLE XXXV—MARITIME MATTERS 

Subtitle A—Maritime Administration, Coast Guard, and Shipping Matters 

Sec. 3501. Authorization of the Maritime Administration. 

Sec. 3502. Authority to extend certain age restrictions relating to vessels in the Maritime Security Fleet. 

Sec. 3503. Corrections to provisions enacted by Coast Guard Authorization Acts. 

Sec. 3504. Status of National Defense Reserve Fleet vessels. 

Sec. 3505. NDRF national security multi-mission vessel. 

Sec. 3506. Superintendent of United States Merchant Marine Academy. 

Sec. 3507. Use of National Defense Reserve Fleet scrapping proceeds. 

Sec. 3508. Floating dry docks. 

Sec. 3509. Transportation worker identification credentials for individuals undergoing separation, discharge, or release from the Armed Forces. 

Sec. 3510. Actions to address sexual harassment and sexual assault at the United 

States Merchant Marine Academy. 

Sec. 3511. Sexual assault response coordinators and sexual assault victim advocates. 

Sec. 3512. Report from the Department of Transportation Inspector General. 

Sec. 3513. Sexual assault prevention and response working group. 

Sec. 3514. Sea Year compliance. 

Sec. 3515. State maritime academy physical standards and reporting. 

Sec. 3516. Appointments. 

Sec. 3517. Maritime workforce working group. 

Sec. 3518. Maritime extreme weather task force. 

Sec. 3519. Workforce plans and onboarding policies. 

Sec. 3520. Drug and alcohol policy. 

Sec. 3521. Vessel transfers. 

Sec. 3522. Clarifying amendment; continuation boards. 


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Sec. 3523. Polar icebreaker recapitalization plan. 

Sec. 3524. GAO report on icebreaking capability in United States. 

Subtitle B—Pribilof Islands Transition Completion 

Sec. 3531. Short title. 

Sec. 3532. Conveyance of property. 

Sec. 3533. Transfer, use, and disposal of tract 43. 

Subtitle C—Sexual Harassment and Assault Prevention at the National Oceanic and 

Atmospheric Administration 

Sec. 3541. Actions to address sexual harassment at National Oceanic and Atmospheric Administration. 

Sec. 3542. Actions to address sexual assault at National Oceanic and Atmospheric 

Administration. 

Sec. 3543. Rights of the victim of a sexual assault. 

Sec. 3544. Change of station. 

Sec. 3545. Applicability of policies to crews of vessels secured by National Oceanic 

and Atmospheric Administration under contract. 

Sec. 3546. Annual report on sexual assaults in the National Oceanic and Atmospheric Administration. 

Sec. 3547. Sexual assault defined. 

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. 

Sec. 4103. Procurement for overseas contingency operations for base requirements. 

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. 

Sec. 4203. Research, development, test, and evaluation for overseas contingency operations for base requirements. 

TITLE XLIII—OPERATION AND MAINTENANCE 

Sec. 4301. Operation and maintenance. 

Sec. 4302. Operation and maintenance for overseas contingency operations. 

Sec. 4303. Operation and maintenance for overseas contingency operations for base 

requirements. 

TITLE XLIV—MILITARY PERSONNEL 

Sec. 4401. Military personnel. 

Sec. 4402. Military personnel for overseas contingency operations. 

Sec. 4403. Military personnel for overseas contingency operations for base requirements. 

TITLE XLV—OTHER AUTHORIZATIONS 

Sec. 4501. Other authorizations. 

Sec. 4502. Other authorizations for overseas contingency operations. 

Sec. 4503. Other authorizations for overseas contingency operations for base requirements. 

TITLE XLVI—MILITARY CONSTRUCTION 

Sec. 4601. Military construction. 

Sec. 4602. Military construction for overseas contingency operations. 

Sec. 4603. Military construction for overseas contingency operations for base requirements. 

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. 


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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. Military magistrates. 

Sec. 5186. Qualifications of trial counsel and defense counsel. 

Sec. 5187. Assembly and impaneling of members and related matters. 

TITLE LVI—PRE-TRIAL PROCEDURE 

Sec. 5201. Charges and specifications. 

Sec. 5202. Certain 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. 5301. Sentencing. 

Sec. 5302. Effective date of sentences. 

Sec. 5303. Sentence of reduction in enlisted grade. 


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TITLE LIX—POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL 

Sec. 5321. Post-trial processing in general and special courts-martial. 

Sec. 5322. Limited authority to act on sentence in specified post-trial circumstances. 

Sec. 5323. Post-trial actions in summary courts-martial and certain general and 

special courts-martial. 

Sec. 5324. Entry of judgment. 

Sec. 5325. Waiver of right to appeal and withdrawal of appeal. 

Sec. 5326. Appeal by the United States. 

Sec. 5327. Rehearings. 

Sec. 5328. Judge advocate review of finding of guilty in summary court-martial. 

Sec. 5329. Transmittal and review of records. 

Sec. 5330. Courts of Criminal Appeals. 

Sec. 5331. Review by Court of Appeals for the Armed Forces. 

Sec. 5332. Supreme Court review. 

Sec. 5333. Review by Judge Advocate General. 

Sec. 5334. Appellate defense counsel in death penalty cases. 

Sec. 5335. Authority for hearing on vacation of suspension of sentence to be conducted by qualified judge advocate. 

Sec. 5336. Extension of time for petition for new trial. 

Sec. 5337. Restoration. 

Sec. 5338. Leave requirements pending review of certain court-martial convictions. 

TITLE LX—PUNITIVE ARTICLES 

Sec. 5401. Reorganization of punitive articles. 

Sec. 5402. Conviction of offense charged, lesser included offenses, and attempts. 

Sec. 5403. Soliciting commission of offenses. 

Sec. 5404. Malingering. 

Sec. 5405. Breach of medical quarantine. 

Sec. 5406. Missing movement; jumping from vessel. 

Sec. 5407. Offenses against correctional custody and restriction. 

Sec. 5408. Disrespect toward superior commissioned officer; assault of superior commissioned officer. 

Sec. 5409. Willfully disobeying superior commissioned officer. 

Sec. 5410. Prohibited activities with military recruit or trainee by person in position 

of special trust. 

Sec. 5411. Offenses by sentinel or lookout. 

Sec. 5412. Disrespect toward sentinel or lookout. 

Sec. 5413. Release of prisoner without authority; drinking with prisoner. 

Sec. 5414. Penalty for acting as a spy. 

Sec. 5415. Public records offenses. 

Sec. 5416. False or unauthorized pass offenses. 

Sec. 5417. Impersonation offenses. 

Sec. 5418. Insignia offenses. 

Sec. 5419. False official statements; false swearing. 

Sec. 5420. Parole violation. 

Sec. 5421. Wrongful taking, opening, etc. of mail matter. 

Sec. 5422. Improper hazarding of vessel or aircraft. 

Sec. 5423. Leaving scene of vehicle accident. 

Sec. 5424. Drunkenness and other incapacitation offenses. 

Sec. 5425. Lower blood alcohol content limits for conviction of drunken or reckless 

operation of vehicle, aircraft, or vessel. 

Sec. 5426. Endangerment offenses. 

Sec. 5427. Communicating threats. 

Sec. 5428. Technical amendment relating to murder. 

Sec. 5429. Child endangerment. 

Sec. 5430. Rape and sexual assault offenses. 

Sec. 5431. Deposit of obscene matter in the mail. 

Sec. 5432. Fraudulent use of credit cards, debit cards, and other access devices. 

Sec. 5433. False pretenses to obtain services. 

Sec. 5434. Robbery. 

Sec. 5435. Receiving stolen property. 

Sec. 5436. Offenses concerning Government computers. 

Sec. 5437. Bribery. 

Sec. 5438. Graft. 

Sec. 5439. Kidnapping. 

Sec. 5440. Arson; burning property with intent to defraud. 

Sec. 5441. Assault. 

Sec. 5442. Burglary and unlawful entry. 


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Sec. 5443. Stalking. 

Sec. 5444. Subornation of perjury. 

Sec. 5445. Obstructing justice. 

Sec. 5446. Misprision of serious offense. 

Sec. 5447. Wrongful refusal to testify. 

Sec. 5448. Prevention of authorized seizure of property. 

Sec. 5449. Wrongful interference with adverse administrative proceeding. 

Sec. 5450. Retaliation. 

Sec. 5451. Extraterritorial application of certain offenses. 

Sec. 5452. Table of sections. 

TITLE LXI—MISCELLANEOUS PROVISIONS 

Sec. 5501. Technical amendments relating to courts of inquiry. 

Sec. 5502. Technical amendment to Article 136. 

Sec. 5503. Articles of Uniform Code of Military Justice to be explained to officers 

upon commissioning. 

Sec. 5504. Military justice case management; data collection and accessibility. 

TITLE LXII—MILITARY JUSTICE REVIEW PANEL AND ANNUAL REPORTS 

Sec. 5521. Military Justice Review Panel. 

Sec. 5522. Annual reports. 

TITLE LXIII—CONFORMING AMENDMENTS AND EFFECTIVE DATES 

Sec. 5541. Amendments to UCMJ subchapter tables of sections. 

Sec. 5542. 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. 

Subtitle B—Army Programs 

Sec. 111. Multiyear procurement authority for AH–64E Apache helicopters. 

Sec. 112. Multiyear procurement authority for UH–60M and HH–60M Black Hawk 

helicopters. 

Sec. 113. Distributed Common Ground System–Army increment 1. 

Sec. 114. Assessment of certain capabilities of the Department of the Army. 

Subtitle C—Navy Programs 

Sec. 121. Determination of vessel delivery dates. 

Sec. 122. Incremental funding for detail design and construction of LHA replacement ship designated LHA 8. 

Sec. 123. Littoral Combat Ship. 

Sec. 124. Limitation on use of sole-source shipbuilding contracts for certain vessels. 

Sec. 125. Limitation on availability of funds for the Advanced Arresting Gear Program. 

Sec. 126. Limitation on availability of funds for procurement of U.S.S. Enterprise 

(CVN–80). 

Sec. 127. Sense of Congress on aircraft carrier procurement schedules. 


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Sec. 128. Report on P–8 Poseidon aircraft. 

Sec. 129. Design and construction of replacement dock landing ship designated 

LX(R) or amphibious transport dock designated LPD–29. 

Subtitle D—Air Force Programs 

Sec. 131. EC–130H Compass Call recapitalization program. 

Sec. 132. Repeal of requirement to preserve certain retired C–5 aircraft. 

Sec. 133. Repeal of requirement to preserve F–117 aircraft in recallable condition. 

Sec. 134. Prohibition on availability of funds for retirement of A–10 aircraft. 

Sec. 135. Limitation on availability of funds for destruction of A–10 aircraft in storage status. 

Sec. 136. Prohibition on availability of funds for retirement of Joint Surveillance 

Target Attack Radar System aircraft. 

Sec. 137. Elimination of annual report on aircraft inventory. 

Subtitle E—Defense-wide, Joint, and Multiservice Matters 

Sec. 141. Standardization of 5.56mm rifle ammunition. 

Sec. 142. Fire suppressant and fuel containment standards for certain vehicles. 

Sec. 143. Limitation on availability of funds for destruction of certain cluster munitions. 

Sec. 144. Report on Department of Defense munitions strategy for the combatant 

commands. 

Sec. 145. Modifications to reporting on use of combat mission requirements funds. 

Sec. 146. Report on alternative management structures for the F–35 joint strike 

fighter program. 

Sec. 147. Comptroller General review of F–35 Lightning II aircraft sustainment support. 

Sec. 148. Briefing on acquisition strategy for Ground Mobility Vehicle. 

Sec. 149. Study and report on optimal mix of aircraft capabilities for the Armed 

Forces. 

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. 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. 

SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR UH–60M AND 

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 and 

HH–60M Black Hawk helicopters. 

(b) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract entered into under subsection (a) shall provide that any obligaVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 00071 Fmt 6659 Sfmt 6603 E:\HR\OC\HR840.XXX HR840

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tion 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. DISTRIBUTED COMMON GROUND SYSTEM–ARMY INCREMENT 

1. 

(a) TRAINING FOR OPERATORS.—The Secretary of the Army shall 

take such actions as may be necessary to improve and tailor training for covered units in the versions of increment 1 that are in use 

on 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 covered units. 

(2) COMMERCIALLY AVAILABLE CAPABILITIES.—In carrying 

out paragraph (1), the Secretary shall procure commercially 

available off-the-shelf technologies that— 

(A) meet essential tactical requirements for processing, 

analyzing, and displaying intelligence information; 

(B) can integrate and communicate with covered units 

at the tactical unit level and at higher unit levels; 

(C) are substantially easier for personnel to use than 

the Distributed Common Ground System–Army; and 

(D) require less training than the Distributed Common 

Ground System–Army. 

(c) LIMITATION ON THE AWARD OF CONTRACT.—The Secretary 

may not enter into a contract for the design, development, or procurement of any data architecture, data integration, or ‘‘cloud’’ capability, or any data analysis or data visualization and workflow 

capability (including warfighting function tools relating to increment 1 of the Distributed Common Ground System–Army) for covered units unless the contract— 

(1) is awarded not later than 180 days after the date of the 

enactment of this Act; 

(2) is awarded in accordance with applicable law and regulations providing for the use of competitive procedures or procedures applicable to the procurement of commercial items including parts 12 and 15 of the Federal Acquisition Regulation; 

(3) is a fixed-price contract; and 

(4) provides that the technology to be procured under the 

contract will— 

(A) begin initial fielding rapidly after the contract 

award; 

(B) achieve initial operating capability not later than 

nine months after the date on which the contract is awarded; and 

(C) achieve full operating capability not later than 18 

months after the date on which the contract is awarded. 

(d) WAIVER.— 

(1) IN GENERAL.—The Secretary of Defense may waive the 

limitation in subsection (c) if the Secretary submits to the appropriate congressional committees a written statement declaring that such limitation would adversely affect ongoing operational activities. 

(2) NONDELEGATION.—The Secretary of Defense may not 

delegate the waiver authority under paragraph (1). 


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(e) DEFINITIONS.—In this section: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the congressional defense committees; 

(B) the Select Committee on Intelligence of the Senate; 

and 

(C) the Permanent Select Committee on Intelligence of 

the House of Representatives. 

(2) COVERED UNITS.—The term ‘‘covered units’’ means military units that use increment 1 of the Distributed Common 

Ground System–Army, including tactical units and operators at 

the division, brigade, and battalion levels, and tactical units 

below the battalion level. 

SEC. 114. ASSESSMENT OF CERTAIN CAPABILITIES OF THE DEPARTMENT OF THE ARMY. 

(a) ASSESSMENT.—The Secretary of Defense, in consultation 

with the Secretary of the Army and the Chief of Staff of the Army, 

shall conduct an assessment of the following capabilities with respect to the Department of the Army: 

(1) The capacity of AH–64 Apache-equipped attack reconnaissance battalions to meet future needs. 

(2) Air defense artillery capacity and responsiveness, including— 

(A) the capacity of short-range air defense artillery to 

address existing and emerging threats, including threats 

posed by unmanned aerial systems, cruise missiles, and 

manned aircraft; and 

(B) the potential for commercial off-the-shelf solutions. 

(3) Chemical, biological, radiological, and nuclear capabilities and modernization needs. 

(4) Field artillery capabilities, including— 

(A) modernization needs; 

(B) munitions inventory shortfalls; and 

(C) changes in doctrine and war plans consistent with 

the Memorandum of the Secretary of Defense dated June 

19, 2008, regarding the Department of Defense policy on 

cluster munitions and unintended harm to civilians. 

(5) Fuel distribution and water purification capacity and 

responsiveness. 

(6) Watercraft and port-opening capabilities and responsiveness. 

(7) Transportation capacity and responsiveness, particularly with respect to the transportation of fuel, water, and 

cargo. 

(8) Military police capacity. 

(9) Tactical mobility and tactical wheeled vehicle capacity, 

including heavy equipment prime movers. 

(b) REPORT.—Not later than April 1, 2017, the Secretary of Defense shall submit to the congressional defense committees a report 

that includes— 

(1) the assessment conducted under subsection (a); 

(2) recommendations for reducing or eliminating shortfalls 

in responsiveness and capacity with respect to each of the capabilities described in such subsection; and 


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(3) an estimate of the costs of implementing such recommendations. 

(c) FORM.—The report under subsection (b) shall be submitted 

in unclassified form, but may include a classified annex. 

Subtitle C—Navy Programs 

SEC. 121. DETERMINATION OF VESSEL DELIVERY DATES. 

(a) DETERMINATION OF VESSEL DELIVERY DATES.— 

(1) IN GENERAL.—Chapter 633 of title 10, United States 

Code, is amended by inserting after section 7300 the following 

new section: 

‘‘§ 7301. Determination of vessel delivery dates 

‘‘(a) IN GENERAL.—The delivery of a covered vessel shall be 

deemed to occur on the date on which— 

‘‘(1) the Secretary of the Navy determines that the vessel is 

assembled and complete; and 

‘‘(2) custody of the vessel and all systems contained in the 

vessel transfers to the Navy. 

‘‘(b) INCLUSION IN BUDGET AND ACQUISITION REPORTS.—The 

delivery dates of covered vessels shall be included— 

‘‘(1) in the materials submitted to Congress by the Secretary 

of Defense in support of the budget of the President for each fiscal year (as submitted to Congress under section 1105(a) of title 

31, United States Code); and 

‘‘(2) in any relevant Selected Acquisition Report submitted 

to Congress under section 2432 of this title. 

‘‘(c) COVERED VESSEL DEFINED.—In this section, the term ‘covered vessel’ means any vessel of the Navy that is under construction 

on or after the date of the enactment of this section using amounts 

authorized to be appropriated for the Department of Defense for 

shipbuilding and conversion, Navy.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item 

relating to section 7300 the following new item: 

‘‘7301. Determination of vessel delivery dates.’’. 

(b) CERTIFICATION.— 

(1) IN GENERAL.—Not later than January 1, 2017, the Secretary of the Navy shall certify to the congressional defense 

committees that the delivery dates of the following vessels have 

been adjusted in accordance with section 7301 of title 10, 

United States Code, as added by subsection (a): 

(A) The U.S.S. John F. Kennedy (CVN–79). 

(B) The U.S.S. Zumwalt (DDG–1000). 

(C) The U.S.S. Michael Monsoor (DDG–1001). 

(D) The U.S.S. Lyndon B. Johnson (DDG–1002). 

(E) Any other vessel of the Navy that is under construction on the date of the enactment of this Act. 

(2) CONTENTS.—The certification under paragraph (1) shall 

include— 

(A) an identification of each vessel for which the delivery date was adjusted; and 

(B) the delivery date of each such vessel, as so adjusted. 


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SEC. 122. 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. 123. LITTORAL COMBAT SHIP. 

(a) REPORT ON LITTORAL COMBAT SHIP MISSION PACKAGES.— (1) IN GENERAL.—The Secretary of Defense shall include in 

the materials submitted in support of the budget of the President (as submitted to Congress under section 1105(a) of title 31, 

United States Code) for each fiscal year through fiscal year 

2022 a report on Littoral Combat Ship mission packages. 

(2) ELEMENTS.—Each report under paragraph (1) shall include, with respect to each Littoral Combat Ship mission package and increment, the following: 

(A) A description of the status of and plans for development, production, and sustainment, including— 

(i) projected unit costs compared to originally estimated unit costs for each system that comprises the 

mission package; 

(ii) projected development costs, procurement costs, 

and 20-year sustainment costs compared to original estimates of such costs for each system that comprises the 

mission package; 

(iii) demonstrated performance compared to required performance for each system that comprises the 

mission package and for the mission package as a 

whole; 

(iv) problems relating to realized and potential 

costs, schedule, or performance; and 

(v) any development plans, production plans, or 

sustainment and mitigation plans that may be implemented to address such problems. 

(B) A description, including dates, of each developmental test, operational test, integrated test, and follow-on 

test event that is— 

(i) completed in the fiscal year preceding the fiscal 

year covered by the report; and 

(ii) expected to be completed in the fiscal year covered by the report and any of the following five fiscal 

years. 

(C) The date on which initial operational capability is 

expected to be attained and a description of the performance level criteria that must be demonstrated to declare 

that such capability has been attained. 


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(D) A description of— 

(i) the systems that attained initial operational capability in the fiscal year preceding the fiscal year covered by the report; and 

(ii) the performance level demonstrated by such 

systems compared to the performance level required of 

such systems. 

(E) The acquisition inventory objective for each system. 

(F) An identification of— 

(i) each location (including the city, State, and 

country) to which systems were delivered in the fiscal 

year preceding the fiscal year covered by the report; 

and 

(ii) the quantity of systems delivered to each such 

location. 

(G) An identification of— 

(i) each location (including the city, State, and 

country) to which systems are projected to be delivered 

in the fiscal year covered by the report and any of the 

following five fiscal years; and 

(ii) the quantity of systems projected to be delivered 

to each such location. 

(b) CERTIFICATION OF LITTORAL COMBAT SHIP MISSION PACK- AGE PROGRAM OF RECORD.— (1) IN GENERAL.—The Under Secretary of Defense for Acquisition, Technology, and Logistics shall include in the materials submitted in support of the budget of the President (as 

submitted to Congress under section 1105(a) of title 31, United 

States Code) for fiscal year 2018 the certification described in 

paragraph (2). 

(2) CERTIFICATION.—The certification described in this 

paragraph is a certification with respect to Littoral Combat 

Ship mission packages that includes, as of the fiscal year covered by the certification, the program of record quantity for— 

(A) surface warfare mission packages; 

(B) anti-submarine warfare mission packages; and 

(C) mine countermeasures mission packages. 

(c) LIMITATIONS.— (1) LIMITATION ON DEVIATION FROM ACQUISITION STRAT- EGY.— 

(A) IN GENERAL.—The Secretary of Defense may not revise or deviate from revision three of the Littoral Combat 

Ship acquisition strategy, until the date on which the Secretary submits to the congressional defense committees the 

certification described in subparagraph (B). 

(B) CERTIFICATION.—The certification described in this 

subparagraph is a certification that includes— 

(i) the rationale of the Secretary for revising or deviating from revision three of the Littoral Combat Ship 

acquisition strategy; 

(ii) a description of each such revision or deviation; 

and 

(iii) the Littoral Combat Ship acquisition strategy 

that is in effect following the implementation of such 

revisions or deviations. 


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(2) LIMITATION ON SELECTION OF SINGLE CONTRACTOR.— 

The Secretary of Defense may not select only a single prime contractor to construct the Littoral Combat Ship or any successor 

frigate class ship unless such selection— 

(A) is conducted using competitive procedures and for 

the limited purpose of awarding a contract or contracts 

for— 

(i) an engineering change proposal for a frigate 

class ship; or 

(ii) the construction of a frigate class ship; and 

(B) occurs only after a frigate design has— 

(i) reached sufficient maturity and completed a 

preliminary design review; or 

(ii) demonstrated an equivalent level of design 

completeness. 

(d) DEFINITIONS.—In this section: 

(1) LITTORAL COMBAT SHIP MISSION PACKAGE.—The term 

‘‘Littoral Combat Ship mission package’’ means a mission module for a Littoral Combat Ship combined with the crew detachment and support aircraft for such ship. 

(2) MISSION MODULE.—The term ‘‘mission module’’ means 

the mission systems (including vehicles, communications, sensors, and weapons systems) combined with support equipment 

(including support containers and standard interfaces) and 

software (including software relating to the computing environment and multiple vehicle communications system of the mission package). 

(3) REVISION THREE.—The term ‘‘revision three of the Littoral Combat Ship acquisition strategy’’ means the third revision of the Littoral Combat Ship acquisition strategy approved 

by the Under Secretary of Defense for Acquisition, Technology, 

and Logistics on March 29, 2016. 

(e) REPEAL OF QUARTERLY REPORTING REQUIREMENT.—Section 

126 of the National Defense Authorization Act for Fiscal Year 2013 

(Public Law 112–239; 126 Stat. 1657) is amended— 

(1) by striking subsection (b); and 

(2) by striking ‘‘(a) DESIGNATION REQUIRED.—’’. 

SEC. 124. LIMITATION ON USE OF SOLE-SOURCE SHIPBUILDING CONTRACTS FOR CERTAIN VESSELS. 

(a) LIMITATION.—None of the funds authorized to be appropriated by this Act or otherwise made available for the Department 

of Defense for fiscal year 2017 for joint high speed vessels or expeditionary fast transports may be used to enter into or prepare to enter 

into a contract on a sole-source basis for the construction of such 

vessels or transports 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.—The certification described in this subsection is a certification by the Secretary of the Navy that— 

(1) awarding a contract for the construction of one or more 

joint high speed vessels or expeditionary fast transports on a 

sole-source basis is in the national security interests of the 

United States; 


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(2) the construction of the vessels or transports will not result in exceeding the requirement for the ship class, as described in the most recent Navy force structure assessment; 

(3) the contract will be a fixed-price contract; 

(4) the price of the contract will be fair and reasonable, as 

determined by the service acquisition executive of the Navy; and 

(5) the contract will provide for the United States to have 

Government purpose rights in the data for the ship design. 

(c) REPORT.—The report described in this subsection is a report 

that includes— 

(1) an explanation of the rationale for awarding a contract 

for the construction of joint high speed vessels or expeditionary 

fast transports on a sole-source basis; and 

(2) a description of— 

(A) actions that may be carried out to ensure that, if 

additional ships in the class are procured after the award 

of the contract referred to in paragraph (1), the contracts 

for the ships shall be awarded using competitive procedures; and 

(B) with respect to each such action, an implementation 

schedule and any associated cost savings, as compared to 

a contract awarded on a sole-source basis. 

SEC. 125. LIMITATION ON AVAILABILITY OF FUNDS FOR THE ADVANCED ARRESTING GEAR PROGRAM. 

(a) ADVANCED ARRESTING GEAR FOR U.S.S. ENTERPRISE.—None 

of the funds authorized to be appropriated by this Act or otherwise 

made available for fiscal year 2017 for the research and development, design, procurement, or advanced procurement of materials 

for advanced arresting gear for the U.S.S. Enterprise (CVN–80) may 

be obligated or expended until the Secretary of Defense submits to 

the congressional defense committees the report described in section 

2432 of title 10, United States Code, for the most recently concluded 

fiscal quarter for the Advanced Arresting Gear Program in accordance with subsection (c)(1). 

(b) ADVANCED ARRESTING GEAR FOR U.S.S. JOHN F. KENNEDY.—None of the funds authorized to be appropriated by this Act 

or otherwise made available for fiscal year 2017 for the research 

and development, design, procurement, or advanced procurement of 

materials for advanced arresting gear for the U.S.S. John F. Kennedy (CVN–79) may be obligated or expended unless— 

(1) the decision to install advanced arresting gear on the 

vessel is determined by the milestone decision authority for the 

Program; and 

(2) the milestone decision authority for the Program submits notification of such determination to the congressional defense committees. 

(c) ADDITIONAL REQUIREMENTS.— 

(1) TREATMENT OF BASELINE ESTIMATE.—The Secretary of 

Defense shall deem the Baseline Estimate for the Advanced Arresting Gear Program for fiscal year 2009 as the original Baseline Estimate for the Program. 

(2) UNIT COST REPORTS AND CRITICAL COST GROWTH.— 

(A) Subject to subparagraph (B), the Secretary shall 

carry out sections 2433 and 2433a of title 10, United States 

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gram, as if the Department had submitted a Selected Acquisition Report for the Program that included the Baseline 

Estimate for the Program for fiscal year 2009 as the original Baseline Estimate, except that the Secretary shall not 

carry out subparagraph (B) or subparagraph (C) of section 

2433a(c)(1) of such title with respect to the Program. 

(B) In carrying out the review required by section 

2433a of such title, the Secretary shall not approve a contract, enter into a new contract, exercise an option under a 

contract, or otherwise extend the scope of a contract for advanced arresting gear for the U.S.S. Enterprise (CVN–80), 

except to the extent determined necessary by the milestone 

decision authority, on a non-delegable basis, to ensure that 

the Program can be restructured as intended by the Secretary without unnecessarily wasting resources. 

(d) DEFINITIONS.—In this section: 

(1) BASELINE ESTIMATE.—The term ‘‘Baseline Estimate’’ has 

the meaning given the term in section 2433(a)(2) of title 10, 

United States Code. 

(2) MILESTON DECISION AUTHORITY.—The term ‘‘milestone 

decision authority’’ has the meaning given the term in section 

2366b(g)(3) of title 10, United States Code. 

(3) ORIGINAL BASELINE ESTIMATE.—The term ‘‘original 

Baseline Estimate’’ has the meaning given the term in section 

2435(d)(1) of title 10, United States Code. 

(4) SELECTED ACQUISITION REPORT.—The term ‘‘Selected 

Acquisition Report’’ means a Selected Acquisition Report submitted to Congress under section 2432 of title 10, United States 

Code. 

SEC. 126. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCUREMENT OF U.S.S. 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 for the U.S.S. Enterprise (CVN– 

80), not more than 25 percent may be obligated or expended until 

the date on which the Secretary of the Navy and the Chief of Naval 

Operations jointly submit to the congressional defense committees 

the report under subsection (b). 

(b) INITIAL 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 jointly submit to the congressional defense committees a report that includes a description of actions that may be carried out (including de-scoping requirements, if necessary) to achieve 

a ship end cost of— 

(1) not more than $12,000,000,000 for the CVN–80; and 

(2) not more than $11,000,000,000 for the U.S.S. John F. 

Kennedy (CVN–79). 

(c) ANNUAL REPORT ON CVN–79 AND CVN–80.— 

(1) IN GENERAL.—Together with the budget of the President 

for each fiscal year through fiscal year 2021 (as submitted to 

Congress under section 1105(a) of title 31, United States Code) 

the Secretary of the Navy and the Chief of Naval Operations 

shall submit a report on the efforts of the Navy to achieve the 

ship end costs described in subsection (b) for the CVN–79 and 

CVN–80. 


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(2) ELEMENTS.—The report under paragraph (1) shall include, with respect to the procurement of the CVN–79 and the 

CVN–80, the following: 

(A) A description of the progress made toward achieving the ship end costs described in subsection (b), including 

realized cost savings. 

(B) A description of 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 that includes— 

(i) a plan for spending with phasing of key obligations and outlays; 

(ii) decision points describing when savings may be 

realized; and 

(iii) key events that must occur to execute initiatives and achieve savings. 

(E) Instances of lower Government estimates used in 

contract negotiations. 

(F) A description of risks that may result from achieving the procurement end costs specified in subsection (b). 

(G) A description of incentives or rewards provided or 

planned to be provided to prime contractors for meeting the 

procurement end costs specified in subsection (b). 

SEC. 127. SENSE OF CONGRESS ON AIRCRAFT CARRIER PROCUREMENT 

SCHEDULES. 

(a) FINDINGS.—Congress finds the following: 

(1) In the Congressional Budget Office report titled ‘‘An 

Analysis of the Navy’s Fiscal Year 2016 Shipbuilding Plan’’, the 

Office stated as follows: ‘‘To prevent the carrier force from declining to 10 ships in the 2040s, 1 short of its inventory goal 

of 11, the Navy could accelerate purchases after 2018 to 1 every 

four years, rather than 1 every five years’’. 

(2) In a report submitted to Congress on March 17, 2015, 

the Secretary of the Navy indicated the Department of the Navy 

has a requirement of 11 aircraft carriers. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the plan of the Department of the Navy to schedule the 

procurement of one aircraft carrier every five years will reduce 

the overall aircraft carrier inventory to 10 aircraft carriers, a 

level insufficient to meet peacetime and war plan requirements; 

and 

(2) to accommodate the required aircraft carrier force structure, the Department of the Navy should— 

(A) begin to program construction for the next aircraft 

carrier to be built after the U.S.S. Enterprise (CVN–80) in 

fiscal year 2022; and 

(B) program the required advance procurement activities to accommodate the construction of such carrier. 

SEC. 128. REPORT ON P–8 POSEIDON AIRCRAFT. 

(a) REPORT REQUIRED.—Not later than October 1, 2017, the 

Secretary of the Navy shall submit to the congressional defense comVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 00080 Fmt 6659 Sfmt 6603 E:\HR\OC\HR840.XXX HR840

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mittees a report on potential upgrades to the capabilities of the P– 

8 Poseidon aircraft. 

(b) ELEMENTS.—The report under subsection (a) shall include, 

with respect to the P–8 Poseidon aircraft, the following: 

(1) A review of potential upgrades to the sensors onboard 

the aircraft, including upgrades to intelligence sensors, surveillance sensors, and reconnaissance sensors such as those being 

fielded on MQ–4 Global Hawk aircraft platforms. 

(2) An assessment of the ability of the Navy to use longrange multispectral imaging systems onboard the aircraft that 

are similar to such systems being used onboard the MQ–4 Global Hawk aircraft. 

SEC. 129. DESIGN AND CONSTRUCTION OF REPLACEMENT DOCK LANDING SHIP DESIGNATED LX(R) OR AMPHIBIOUS TRANSPORT DOCK DESIGNATED LPD–29. 

(a) IN GENERAL.—The Secretary of the Navy may enter into a 

contract, beginning with the fiscal year 2017 program year, for the 

design and construction of the replacement dock landing ship designated LX(R) or the amphibious transport dock designated LPD– 

29 using amounts authorized to be appropriated for the Department 

of Defense for Shipbuilding and Conversion, Navy. 

(b) USE OF INCREMENTAL FUNDING.—With respect to the contract entered into under subsection (a), the Secretary may use incremental funding to make payments under the contract. 

(c) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—The contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under such contract 

for any fiscal year after fiscal year 2017 is subject to the availability 

of appropriations for that purpose for such fiscal year. 

Subtitle D—Air Force Programs 

SEC. 131. EC–130H COMPASS CALL RECAPITALIZATION PROGRAM. 

(a) AUTHORIZATION.—Subject to subsection (b), the Secretary of 

the Air Force may carry out a program to transfer the primary mission equipment of the EC–130H Compass Call aircraft fleet to an 

aircraft platform that the Secretary determines— 

(1) is more operationally effective and survivable than the 

existing EC–130H Compass Call aircraft platform; and 

(2) meets the requirements of the combatant commands. 

(b) LIMITATION.— (1) Except as provided in paragraph (2), none of the funds 

authorized to be appropriated by this Act or otherwise made 

available for fiscal year 2017 or any other fiscal year for procurement may be obligated or expended on the program under 

subsection (a) until the date on which the Secretary of the Air 

Force determines that there is a high likelihood that the program will meet the requirements of the combatant commands. 

(2) The limitation in paragraph (1)— 

(A) shall not apply to the development and procurement of the first two aircraft under the program; and 

(B) shall not limit the authority of the Secretary to 

enter into a contract that may include an option for the future production of aircraft under the program if— 

(i) the exercise of such option is at the discretion of 

the Secretary; and 


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(ii) such option is not exercised until the Secretary 

determines that there is a high likelihood that the program will meet the requirements of the combatant commands. 

SEC. 132. REPEAL OF 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 by 

striking subsection (d). 

SEC. 133. 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 striking subsection (b). 

SEC. 134. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT 

OF A–10 AIRCRAFT. 

(a) PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT.—None of the funds authorized to be appropriated by this Act 

or otherwise made available for fiscal year 2017 for the Air Force 

may be obligated or expended to retire, prepare to retire, or place 

in storage or on backup aircraft inventory status any A–10 aircraft. 

(b) ADDITIONAL LIMITATION ON RETIREMENT.—In addition to 

the prohibition in subsection (a), the Secretary of the Air Force may 

not retire, prepare to retire, or place in storage or on backup aircraft 

inventory status any A–10 aircraft until a period of 90 days has 

elapsed following the date on which the Secretary submits to the 

congressional defense committees the report under subsection (e)(2). 

(c) PROHIBITION ON SIGNIFICANT REDUCTIONS IN MANNING LEVELS.—None of the funds authorized to be appropriated by this Act 

or otherwise made available for fiscal year 2017 for the Air Force 

may be obligated or expended to make significant reductions to 

manning levels with respect to any A–10 aircraft squadrons or divisions. 

(d) MINIMUM INVENTORY REQUIREMENT.—The Secretary of the 

Air Force shall ensure the Air Force maintains a minimum of 171 

A–10 aircraft designated as primary mission aircraft inventory until 

a period of 90 days has elapsed following the date on which the Secretary submits to the congressional defense committees the report 

under subsection (e)(2). 

(e) REPORTS REQUIRED.— 

(1) The Director of Operational Test and Evaluation shall 

submit to the congressional defense committees a report that includes— 

(A) the results and findings of the initial operational 

test and evaluation of the F–35 aircraft program; and 

(B) a comparison test and evaluation that examines the 

capabilities of the F–35A and A–10C aircraft in conducting 

close air support, combat search and rescue, and forward 

air controller airborne missions. 

(2) Not later than 180 days after the date of the submission 

of the report under paragraph (1), the Secretary of the Air Force 

shall submit to the congressional defense committees a report 

that includes— 


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(A) the views of the Secretary 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 

with respect to such results; 

(B) a plan for addressing any deficiencies and carrying 

out any corrective actions identified in such report; and 

(C) short-term and long-term strategies for preserving 

the capability of the Air Force to conduct close air support, 

combat search and rescue, and forward air controller airborne missions. 

(f) SPECIAL RULE.— (1) Subject to paragraph (2), the Secretary of the Air Force 

may carry out the transition of the A–10 unit at Fort Wayne Air 

National Guard Base, Indiana, to an F–16 unit as described by 

the Secretary in the Force Structure Actions map submitted in 

support of the budget of the President for fiscal year 2017 (as 

submitted to Congress under section 1105(a) of title 31, United 

States Code). 

(2) Subsections (a) through (e) shall apply with respect to 

any A–10 aircraft affected by the transition described in paragraph (1). 

SEC. 135. LIMITATION ON AVAILABILITY OF FUNDS FOR DESTRUCTION 

OF A–10 AIRCRAFT IN STORAGE STATUS. 

(a) LIMITATION.—None of the funds authorized to be appropriated by this Act or otherwise made available for the Air Force for 

fiscal year 2017 or any fiscal year thereafter may be obligated or expended to scrap, destroy, or otherwise dispose of any potential donor 

A–10 aircraft until the date on which the Secretary of the Air Force 

submits to the congressional defense committees the report required 

under section 134(e)(2). 

(b) NOTIFICATION AND CERTIFICATION.—Not later than 45 days 

before taking any action to scrap, destroy, or otherwise dispose of 

any A–10 aircraft in any storage status in the 309th Aerospace 

Maintenance and Regeneration Group, the Secretary of the Air 

Force shall— 

(1) notify the congressional defense committees of the intent 

of the Secretary to take such action; and 

(2) certify that the A–10 aircraft subject to such action does 

not have serviceable wings or other components that could be 

used to prevent the permanent removal of any active inventory 

A–10 aircraft from flyable status. 

(c) PLAN TO PREVENT REMOVAL A–10 AIRCRAFT FROM FLYABLE

STATUS.—The Secretary of the Air Force shall— 

(1) include with the materials submitted to Congress in 

support of the budget of the Department of Defense for fiscal 

year 2018 (as submitted with the budget of the President under 

section 1105(a) of title 31, United States Code) a plan to prevent 

the permanent removal of any active inventory A–10 aircraft 

from flyable status due to unserviceable wings or any other required component during the period covered by the future years 

defense plan submitted to Congress under section 221 of title 

10, United States Code; and 

(2) carry out such plan to prevent the permanent removal 

of any active inventory A–10 aircraft from flyable status. 


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(d) POTENTIAL DONOR A–10 AIRCRAFT DEFINED.—In this section, the term ‘‘potential donor A–10 aircraft’’ means any A–10 aircraft in any storage status in the 309th Aerospace Maintenance and 

Regeneration Group that has serviceable wings or other components 

that could be used to prevent any active inventory A–10 aircraft 

from being permanently removed from flyable status due to unserviceable wings or other components. 

SEC. 136. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT 

OF JOINT SURVEILLANCE TARGET ATTACK RADAR SYSTEM AIRCRAFT. 

(a) PROHIBITION.—Except as provided by subsection (b) and in 

addition to the prohibition under section 144 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 

129 Stat. 758), none of the funds authorized to be appropriated or 

otherwise made available for fiscal year 2018 for the Air Force may 

be obligated or expended to retire, or prepare to retire, any Joint 

Surveillance Target Attack Radar System aircraft. 

(b) EXCEPTION.—The prohibition in subsection (a) shall not 

apply to individual Joint Surveillance Target Attack Radar System 

aircraft that the Secretary of the Air Force determines, on a caseby-case basis, to be non-operational because of mishaps, other damage, or being uneconomical to repair. 

SEC. 137. ELIMINATION OF ANNUAL REPORT ON AIRCRAFT INVENTORY. 

Section 231a of title 10, United States Code, is amended— 

(1) by striking subsection (e); and 

(2) by redesignating subsection (f) as subsection (e). 

Subtitle E—Defense-wide, Joint, and Multiservice Matters 

SEC. 141. STANDARDIZATION OF 5.56MM RIFLE AMMUNITION. 

(a) REPORT.—If, on the date that is 180 days after the date of 

the enactment of this Act, the Army and the Marine Corps are using 

in combat two different types of enhanced 5.56mm rifle ammunition, the Secretary of Defense shall, on such date, submit to the congressional defense committees a report explaining the reasons that 

the Army and the Marine Corps are using different types of such 

ammunition. 

(b) STANDARDIZATION REQUIREMENT.—Except as provided in 

subsection (c), not later than one year after the date of the enactment of this Act, the Secretary of Defense shall ensure that the Army 

and the Marine Corps are using in combat one standard type of enhanced 5.56mm rifle ammunition. 

(c) EXCEPTION.—Subsection (b) shall not apply in a case in 

which the Secretary of Defense— 

(1) determines that a state of emergency requires the Army 

and the Marine Corps to use in combat different types of enhanced 5.56mm rifle ammunition; and 

(2) certifies to the congressional defense committees that 

such a determination has been made. 

SEC. 142. FIRE SUPPRESSANT AND FUEL CONTAINMENT STANDARDS 

FOR CERTAIN VEHICLES. 

(a) GUIDANCE REQUIRED.— 


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(1) The Secretary of the Army shall issue guidance regarding fire suppressant and fuel containment standards for covered 

vehicles of the Army. 

(2) The Secretary of the Navy shall issue guidance regarding fire suppressant and fuel containment standards for covered 

vehicles of the Marine Corps. 

(b) ELEMENTS.—The guidance regarding fire suppressant and 

fuel containment standards issued pursuant to subsection (a) 

shall— 

(1) meet the survivability requirements applicable to each 

class of covered vehicles; 

(2) include standards for vehicle armor, vehicle fire suppression systems, and fuel containment technologies in covered 

vehicles; and 

(3) balance cost, survivability, and mobility. 

(c) REPORT TO CONGRESS.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of the Army and the 

Secretary of the Navy shall each submit to the congressional defense 

committees a report that includes— 

(1) the policy guidance established pursuant to subsection 

(a), set forth separately for each class of covered vehicle; and 

(2) any other information the Secretaries determine to be 

appropriate. 

(d) COVERED VEHICLES.—In this section, the term ‘‘covered vehicles’’ means ground vehicles acquired on or after October 1, 2018, 

under a major defense acquisition program (as such term is defined 

in section 2430 of title 10, United States Code), including light tactical vehicles, medium tactical vehicles, heavy tactical vehicles, and 

ground combat vehicles. 

SEC. 143. LIMITATION ON AVAILABILITY OF FUNDS FOR DESTRUCTION 

OF CERTAIN CLUSTER MUNITIONS. 

(a) LIMITATION.—Except as provided in subsection (b), none of 

the funds authorized to be appropriated by this Act or otherwise 

made available for fiscal year 2017 for the Department of Defense 

may be obligated or expended for the destruction of cluster munitions until the date on which the Secretary of Defense submits the 

report required by subsection (c). 

(b) EXCEPTION FOR SAFETY.—The limitation under subsection 

(a) shall not apply to the destruction of cluster munitions that the 

Secretary determines— 

(1) are unserviceable as a result of an inspection, test, field 

incident, or other significant failure to meet performance or logistics requirements; or 

(2) are unsafe or could pose a safety risk if not demilitarized or destroyed. 

(c) REPORT REQUIRED.— 

(1) IN GENERAL.—Not later than March 1, 2017, the Secretary of Defense shall submit to the congressional defense committees a report that includes each of the following elements: 

(A) A description of the policy of the Department of Defense regarding the use of cluster munitions, including an 

explanation of the process through which commanders may 

seek waivers to use such munitions. 

(B) A 10-year projection of the requirements and inventory levels for all cluster munitions that takes into account 


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future production of cluster munitions, any plans for demilitarization of such munitions, any plans for the recapitalization of such munitions, the age of the munitions, storage and safety considerations, and other factors that will 

affect the size of the inventory. 

(C) A 10-year projection for the cost to achieve the inventory levels projected in subparagraph (B), including the 

cost for potential demilitarization or disposal of such munitions. 

(D) A 10-year projection for the cost to develop and 

produce new cluster munitions that comply with the Memorandum of the Secretary of Defense dated June 19, 2008, 

regarding the Department of Defense policy on cluster munitions and unintended harm to civilians that the Secretary 

determines are necessary to meet the demands of current 

operational plans. 

(E) An assessment, by the Chairman of the Joint Chiefs 

of Staff, of the effects of the projected cluster inventory on 

operational plans. 

(F) Any other matters that the Secretary determines 

should be included in the report. 

(2) FORM OF REPORT.—The report required by paragraph 

(1) shall be submitted in unclassified form, but may include a 

classified annex. 

(d) CLUSTER MUNITIONS DEFINED.—In this section, the term 

‘‘cluster munitions’’ includes systems delivered by aircraft, cruise 

missiles, artillery, mortars, missiles, tanks, rocket launchers, or 

naval guns that deploy payloads of explosive submunitions that detonate via target acquisition, impact, or altitude, or that self-destruct. 

SEC. 144. REPORT ON DEPARTMENT OF DEFENSE MUNITIONS STRATEGY FOR THE COMBATANT COMMANDS. 

(a) REPORT REQUIRED.—Not later than April 1, 2017, the Secretary of Defense shall submit to the congressional defense committees a report on the munitions strategy for the combatant commands 

for the six-year period beginning on January 1, 2017. 

(b) ELEMENTS.—The report required by subsection (a) shall include the following: 

(1) For each year covered by the report, an identification of 

the munitions requirements of the combatant commands, including— 

(A) plans, programming, and budgeting for each type 

of munition; and 

(B) the inventory of each type of munition. 

(2) An assessment of any gaps and shortfalls with respect 

to munitions determined to be essential to the ability of the 

combatant commands to fulfill mission requirements. 

(3) An assessment of how current and planned munitions 

programs may affect operational concepts and capabilities of 

the combatant commands. 

(4) An identification of limitations in relevant industrial 

bases and a description of necessary munitions investments. 

(5) An assessment of how munitions capability and capacity may be affected by changes consistent with the memorandum of the Secretary of Defense dated June 19, 2008, reVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 00086 Fmt 6659 Sfmt 6603 E:\HR\OC\HR840.XXX HR840

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garding the policy of the Department of Defense on cluster munitions and unintended harm to civilians. 

(6) Any other matters the Secretary determines appropriate. 

SEC. 145. MODIFICATIONS TO REPORTING ON USE OF COMBAT MISSION REQUIREMENTS FUNDS. 

Section 123 of the Ike Skelton National Defense Authorization 

Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4158; 10 

U.S.C. 167 note) is amended— 

(1) in the section heading, by striking ‘‘QUARTERLY’’ and inserting ‘‘ANNUAL’’; 

(2) in the subsection heading of subsection (a), by striking 

‘‘QUARTERLY’’ and inserting ‘‘ANNUAL’’; and 

(3) by striking ‘‘quarter’’ each place it appears and inserting 

‘‘year’’. 

SEC. 146. REPORT ON ALTERNATIVE MANAGEMENT STRUCTURES FOR 

THE F–35 JOINT STRIKE FIGHTER PROGRAM. 

(a) IN GENERAL.—Not later than March 31, 2017, the Secretary 

of Defense shall submit to the congressional defense committees a report on potential alternative management structures for the F–35 

joint strike fighter program. 

(b) ELEMENTS.—The report under subsection (a) shall include 

the following: 

(1) An analysis of potential alternative management structures for the F–35 joint strike fighter program, including— 

(A) continuation of the joint program office for the program; 

(B) the establishment of separate program offices for 

the program in the Department of the Air Force and the Department of the Navy; 

(C) the establishment of separate program offices for 

each variant of the F–35A, F–35B, and F–35C; 

(D) division of responsibilities for the program between 

a joint program office and the military departments; and 

(E) such other alternative management structures as 

the Secretary determines to be appropriate. 

(2) An evaluation of the benefits and drawbacks of each alternative management structure analyzed in the report with respect to— 

(A) cost; 

(B) alignment of responsibility and accountability; and 

(C) the adequacy of representation from military departments and program partners. 

(c) FORM.—The report under subsection (a) shall be submitted 

in unclassified form, but may include a classified annex. 

SEC. 147. COMPTROLLER GENERAL REVIEW OF F–35 LIGHTNING II AIRCRAFT SUSTAINMENT SUPPORT. 

(a) REVIEW.—Not later than September 30, 2017, the Comptroller General of the United States shall submit to the congressional defense committees a report on the sustainment support 

structure for the F–35 Lightning II aircraft program. 

(b) ELEMENTS.—The review under subsection (a) shall include, 

with respect to the F–35 Lightning II aircraft program, the following: 


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(1) The status of the sustainment support strategy for the 

program, including goals for personnel training, required infrastructure, and fleet readiness. 

(2) Approaches, including performance-based logistics, considered in developing the sustainment support strategy for the 

program. 

(3) Other information regarding sustainment and logistics 

support for the program that the Comptroller General determines to be of critical importance to the long-term viability of 

the program. 

SEC. 148. BRIEFING ON ACQUISITION STRATEGY FOR GROUND MOBILITY VEHICLE. 

(a) BRIEFING REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the Under Secretary of Defense for 

Acquisition, Technology, and Logistics, in consultation with the Secretary of the Army, shall provide a briefing to the congressional defense committees on the acquisition strategy for the Ground Mobility 

Vehicle for use with the Global Response Force of the 82nd Airborne 

Division. 

(b) ELEMENTS.—The briefing under subsection (a) shall include 

an assessment of the following: 

(1) The feasability of acquiring the Ground Mobility Vehicle— 

(A) as a commercially available off-the-shelf item (as 

such term is defined in section 104 of title 41, United 

States Code); or 

(B) as a modified version of such an item. 

(2) Whether acquiring the Ground Mobility Vehicle in a 

manner described in paragraph (1) would satisfy the requirements of the program and reduce the life-cycle cost of the program. 

(3) Whether the acquisition strategy for the Ground Mobility Vehicle meets the focus areas specified in the most recent 

version of the Better Buying Power initiative of the Secretary of 

Defense. 

(4) Whether including an active safety system in the 

Ground Mobility Vehicle, such as the electronic stability control 

system used on the joint light tactical vehicle, would reduce the 

risk of vehicle rollover. 

SEC. 149. STUDY AND REPORT ON OPTIMAL MIX OF AIRCRAFT CAPABILITIES FOR THE ARMED FORCES. 

(a) STUDY.— 

(1) IN GENERAL.—The Secretary of Defense shall conduct a 

study to determine— 

(A) an optimal mix of short-range fighter-class strike 

aircraft and long-range strike aircraft for the use of the 

Armed Forces during the covered period; 

(B) an optimal mix of manned aerial platforms and 

unmanned aerial platforms for the use of the Armed Forces 

during such period; and 

(C) an optimal mix of other aircraft and capabilities 

for the use of the Armed Forces during such period, including— 


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(i) long-range, medium-range, and short-range intelligence, surveillance, reconnaissance, or strike aircraft, or combination of such aircraft; 

(ii) aircraft with varying observability characteristics; 

(iii) land-based and sea-based aircraft; 

(iv) advanced legacy fourth-generation aircraft 

platforms of proven design; 

(v) next generation air superiority capabilities; and 

(vi) advanced technology innovations. 

(2) CONSIDERATIONS.—In making the determinations under 

paragraph (1), the Secretary shall consider defense strategy, 

critical assumptions, priorities, force size, and cost. 

(b) REPORT.— (1) IN GENERAL.—Not later than April 14, 2017, the Secretary shall submit to the appropriate congressional committees 

a report that includes the following: 

(A) The results of the study conducted under subsection 

(a). 

(B) A discussion of the specific assumptions, observations, conclusions, and recommendations of the study. 

(C) A description of the modeling and analysis techniques used for the study. 

(D) A plan for fielding complementary aircraft and capabilities identified as an optimal mix in the study under 

subsection (a). 

(E) A plan to meet objectives and fulfill the warfighting 

capability and capacity requirements of the combatant commands using the aircraft and capabilities described in subsection (a). 

(2) FORM.—The report under paragraph (1) may be submitted in classified form, but shall include an unclassified executive summary. 

(3) NONDUPLICATION OF EFFORT.—If any information required under paragraph (1) has been included in another report 

or notification previously submitted to any of the appropriate 

congressional committees by law, the Secretary may provide a 

list of such reports and notifications at the time of submitting 

the report required under such paragraph instead of including 

such information in such report. 

(4) DEFINITIONS.—ln this subsection: 

(A) The term ‘‘appropriate congressional committees’’ 

means the congressional defense committees, the Select 

Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives. 

(B) The term ‘‘covered period’’ means the period beginning on the date of the enactment of this Act and ending 

on January 1, 2030. 

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. Laboratory quality enhancement program. 


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Sec. 212. Modification of mechanisms to provide funds for defense laboratories for 

research and development of technologies for military missions. 

Sec. 213. Making permanent authority for defense research and development rapid 

innovation program. 

Sec. 214. Authorization for National Defense University and Defense Acquisition 

University to enter into cooperative research and development agreements. 

Sec. 215. Manufacturing Engineering Education Grant Program. 

Sec. 216. Notification requirement for certain rapid prototyping, experimentation, 

and demonstration activities. 

Sec. 217. Increased micro-purchase threshold for research programs and entities. 

Sec. 218. Improved biosafety for handling of select agents and toxins. 

Sec. 219. Designation of Department of Defense senior official with principal responsibility for directed energy weapons. 

Sec. 220. Restructuring of the distributed common ground system of the Army. 

Sec. 221. Limitation on availability of funds for the countering weapons of mass destruction system Constellation. 

Sec. 222. Limitation on availability of funds for Defense Innovation Unit Experimental. 

Sec. 223. Limitation on availability of funds for Joint Surveillance Target Attack 

Radar System (JSTARS) recapitalization program. 

Sec. 224. Acquisition program baseline and annual reports on follow-on modernization program for F–35 Joint Strike Fighter. 

Subtitle C—Reports and Other Matters 

Sec. 231. Strategy for assured access to trusted microelectronics. 

Sec. 232. Pilot program on evaluation of commercial information technology. 

Sec. 233. Pilot program for the enhancement of the research, development, test, and 

evaluation centers of the Department of Defense. 

Sec. 234. Pilot program on modernization and fielding of electromagnetic spectrum 

warfare systems and electronic warfare capabilities. 

Sec. 235. Pilot program on disclosure of certain sensitive information to federally 

funded research and development centers. 

Sec. 236. Pilot program on enhanced interaction between the Defense Advanced Research Projects Agency and the service academies. 

Sec. 237. Independent review of F/A–18 physiological episodes and corrective actions. 

Sec. 238. B–21 bomber development program accountability matrices. 

Sec. 239. Study on helicopter crash prevention and mitigation technology. 

Sec. 240. Strategy for Improving Electronic and Electromagnetic Spectrum Warfare 

Capabilities. 

Sec. 241. Sense of Congress on development and fielding of fifth generation airborne 

systems. 

Subtitle A—Authorization of Appropriations 

SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

Funds are hereby authorized to be appropriated for fiscal year 

2017 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4201. 

Subtitle B—Program Requirements, Restrictions, and 

Limitations 

SEC. 211. LABORATORY QUALITY ENHANCEMENT PROGRAM. 

(a) IN GENERAL.—The Secretary of Defense, acting through the 

Assistant Secretary of Defense for Research and Engineering, shall 

carry out a program to be known as the ‘‘Laboratory Quality Enhancement Program’’ under which the Secretary shall establish the 

panels described in subsection (b) and direct such panels— 

(1) to review and make recommendations to the Secretary 

with respect to— 


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(A) existing policies and practices affecting the science 

and technology reinvention laboratories to improve the mission effectiveness of such laboratories; and 

(B) new initiatives proposed by the science and technology reinvention laboratories; 

(2) to support implementation of current and future initiatives affecting the science and technology reinvention laboratories; and 

(3) to conduct assessments or data analysis on such other 

issues as the Secretary determines to be appropriate. 

(b) PANELS.—The panels described in this subsection are: 

(1) A panel on personnel, workforce development, and talent 

management. 

(2) A panel on facilities, equipment, and infrastructure. 

(3) A panel on research strategy, technology transfer, and 

industry and university partnerships. 

(4) A panel on governance and oversight processes. 

(c) COMPOSITION OF PANELS.—(1) Each panel described in 

paragraphs (1) through (3) of subsection (b) may be composed of 

subject matter and technical management experts from— 

(A) laboratories and research centers of the Army, Navy, 

and Air Force; 

(B) appropriate Defense Agencies; 

(C) the Office of the Assistant Secretary of Defense for Research and Engineering; and 

(D) such other entities as the Secretary determines to be appropriate. 

(2) The panel described in subsection (b)(4) shall be composed 

of— 

(A) the Director of the Army Research Laboratory; 

(B) the Director of the Air Force Research Laboratory; 

(C) the Director of the Naval Research Laboratory; 

(D) the Director of the Engineer Research and Development 

Center of the Army Corps of Engineers; and 

(E) such other members as the Secretary determines to be 

appropriate. 

(d) GOVERNANCE OF PANELS.—(1) The chairperson of each 

panel shall be selected by its members. 

(2) Each panel, in coordination with the Assistant Secretary of 

Defense for Research and Engineering, shall transmit to the Science 

and Technology Executive Committee of the Department of Defense 

such information or findings on topics requiring decision or approval as the panel considers appropriate. 

(e) DISCHARGE OF CERTAIN AUTHORITIES TO CONDUCT PERSONNEL DEMONSTRATION PROJECTS.—Subparagraph (C) of section 

342(b)(3) of the National Defense Authorization Act for Fiscal Year 

1995 (Public Law 103–337; 108 Stat. 2721), as added by section 

1114(a) of the Floyd D. Spence National Defense Authorization Act 

for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 

114 Stat. 1654A–315), is amended by inserting before the period at 

the end the following: ‘‘through the Assistant Secretary of Defense 

for Research and Engineering (who shall place an emphasis in the 

exercise of such authorities on enhancing efficient operations of the 

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oratories to review, research, and adjudicate personnel demonstration project proposals)’’. 

(f) SCIENCE AND TECHNOLOGY REINVENTION LABORATORY DE- FINED.—In this section, the term ‘‘science and technology reinvention 

laboratory’’ means a science and technology reinvention laboratory 

designated under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2358 

note), as amended. 

SEC. 212. MODIFICATION OF MECHANISMS TO PROVIDE FUNDS FOR 

DEFENSE LABORATORIES FOR RESEARCH AND DEVELOPMENT OF TECHNOLOGIES FOR MILITARY MISSIONS. 

(a) AMOUNT AUTHORIZED UNDER CURRENT MECHANISM.—Paragraph (1) of subsection (a) of section 219 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 

2358 note) is amended in the matter before subparagraph (A) by 

striking ‘‘not more than three percent’’ and inserting ‘‘not less two 

percent and not more than four percent’’. 

(b) ADDITIONAL MECHANISM TO PROVIDE FUNDS.—Such subsection is further amended by adding at the end the following new 

paragraph: 

‘‘(3) FEE.—After consultation with the science and technology executive of the military department concerned, the director of a defense laboratory may charge customer activities a 

fixed percentage fee, in addition to normal costs of performance, 

in order to obtain funds to carry out activities authorized by 

this subsection. The fixed fee may not exceed four percent of 

costs.’’. 

(c) MODIFICATION OF COST LIMIT COMPLIANCE FOR INFRA- STRUCTURE PROJECTS.—Subsection (b)(4) of such section is amended by adding at the end the following new subparagraph: 

‘‘(C) Section 2802 of such title, with respect to construction projects that exceed the cost specified in subsection 

(a)(2) of section 2805 of such title for certain unspecified 

minor military construction projects for laboratories.’’. 

(d) REPEAL OF SUNSET.—Such section is amended by striking 

subsection (d). 

SEC. 213. MAKING PERMANENT AUTHORITY FOR DEFENSE RESEARCH 

AND DEVELOPMENT RAPID INNOVATION PROGRAM. 

Section 1073 of the Ike Skelton National Defense Authorization 

Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2359 note) 

is amended— 

(1) in subsection (d), by striking ‘‘for each of fiscal years 

2011 through 2023 may be used for any such fiscal year’’ and 

inserting ‘‘for a fiscal year may be used for such fiscal year’’; 

and 

(2) by striking subsection (f). 

SEC. 214. AUTHORIZATION FOR NATIONAL DEFENSE UNIVERSITY AND 

DEFENSE ACQUISITION UNIVERSITY TO ENTER INTO COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS. 

(a) NATIONAL DEFENSE UNIVERSITY.—Section 2165 of title 10, 

United States Code, is amended by adding at the end the following 

new subsection: 

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suant to subsection (a) of section 2358 of this title by a contract, cooperative agreement, or grant pursuant to subsection (b)(1) of such 

section, the Secretary may enter into such contract or cooperative 

agreement or award such grant through the National Defense University. 

‘‘(2) The National Defense University shall be considered a Government-operated Federal laboratory for purposes of section 12 of 

the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 

3710a).’’. 

(b) DEFENSE ACQUISITION UNIVERSITY.—Section 1746 of title 

10, United States Code, is amended by adding at the end the following new subsection: 

‘‘(d) COOPERATIVE RESEARCH AND DEVELOPMENT AGREE- MENTS.—(1) In engaging in research and development projects pursuant to subsection (a) of section 2358 of this title by a contract, cooperative agreement, or grant pursuant to subsection (b)(1) of such 

section, the Secretary may enter into such contract or cooperative 

agreement or award such grant through the Defense Acquisition 

University. 

‘‘(2) The Defense Acquisition University shall be considered a 

Government-operated Federal laboratory for purposes of section 12 

of the Stevenson-Wydler Technology Innovation Act of 1980 (15 

U.S.C. 3710a).’’. 

SEC. 215. MANUFACTURING ENGINEERING EDUCATION GRANT PROGRAM. 

Section 2196 of title 10, United States Code, is amended to read 

as follows: 

‘‘§ 2196. Manufacturing engineering education program 

‘‘(a) ESTABLISHMENT OF MANUFACTURING ENGINEERING EDU- CATION PROGRAM.—(1) The Secretary of Defense shall establish a 

program under which the Secretary makes grants or other awards 

to support— 

‘‘(A) the enhancement of existing programs in manufacturing engineering education to further a mission of the department; or 

‘‘(B) the establishment of new programs in manufacturing 

engineering education that meet such requirements. 

‘‘(2) Grants and awards under this section may be made to industry, not-for-profit institutions, institutions of higher education, 

or to consortia of such institutions or industry. 

‘‘(3) The Secretary shall establish the program in consultation 

with the Secretary of Education, the Director of the National 

Science Foundation, the Director of the Office of Science and Technology Policy, and the secretaries of such other relevant Federal 

agencies as the Secretary considers appropriate. 

‘‘(4) The Secretary shall ensure that the program is coordinated 

with Department programs associated with advanced manufacturing. 

‘‘(5) The program shall be known as the ‘Manufacturing Engineering Education Program’. 

‘‘(b) GEOGRAPHICAL DISTRIBUTION OF GRANTS AND AWARDS.—In 

awarding grants and other awards under this subsection, the Secretary shall, to the maximum extent practicable, avoid geographical 

concentration of awards. 


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‘‘(c) COVERED PROGRAMS.—A program of engineering education 

supported pursuant to this section shall meet the requirements of 

this section. 

‘‘(d) COMPONENTS OF PROGRAM.—The program of education for 

which such a grant is made shall be a consolidated and integrated 

multidisciplinary program of education with an emphasis on the 

following components: 

‘‘(1) Multidisciplinary instruction that encompasses the 

total manufacturing engineering enterprise and that may include— 

‘‘(A) manufacturing engineering education and training 

through classroom activities, laboratory activities, thesis 

projects, individual or team projects, internships, cooperative work-study programs, and interactions with industrial 

facilities, consortia, or such other activities and organizations in the United States and foreign countries as the Secretary considers appropriate; 

‘‘(B) faculty development programs; 

‘‘(C) recruitment of educators highly qualified in manufacturing engineering to teach or develop manufacturing 

engineering courses; 

‘‘(D) presentation of seminars, workshops, and training 

for the development of specific manufacturing engineering 

skills; 

‘‘(E) activities involving interaction between students 

and industry, including programs for visiting scholars, personnel exchange, or industry executives; 

‘‘(F) development of new, or updating and modification 

of existing, manufacturing curriculum, course offerings, 

and education programs; 

‘‘(G) establishment of programs in manufacturing 

workforce training; 

‘‘(H) establishment of joint manufacturing engineering 

programs with defense laboratories and depots; and 

‘‘(I) expansion of manufacturing training and education programs and outreach for members of the armed 

forces, dependents and children of such members, veterans, 

and employees of the Department of Defense. 

‘‘(2) Opportunities for students to obtain work experience in 

manufacturing through such activities as internships, summer 

job placements, or cooperative work-study programs. 

‘‘(3) Faculty and student engagement with industry that is 

directly related to, and supportive of, the education of students 

in manufacturing engineering because of— 

‘‘(A) the increased understanding of manufacturing engineering challenges and potential solutions; and 

‘‘(B) the enhanced quality and effectiveness of the instruction that result from that increased understanding. 

‘‘(e) PROPOSALS.—The Secretary of Defense shall solicit proposals for grants and other awards to be made pursuant to this section for the support of programs of manufacturing engineering education that are consistent with the purposes of this section. 

‘‘(f) MERIT COMPETITION.—Applications for awards shall be 

evaluated on the basis of merit pursuant to competitive procedures 

prescribed by the Secretary. 


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‘‘(g) SELECTION CRITERIA.—The Secretary may select a proposal 

for an award pursuant to this section if the proposal, at a minimum, does each of the following: 

‘‘(1) Contains innovative approaches for improving engineering education in manufacturing technology. 

‘‘(2) Demonstrates a strong commitment by the proponents 

to apply the resources necessary to achieve the objectives for 

which the award is to be made. 

‘‘(3) Provides for effective engagement with industry or government organizations that supports the instruction to be provided in the proposed program and is likely to improve manufacturing engineering and technology. 

‘‘(4) Demonstrates a significant level of involvement of 

United States industry in the proposed instructional and research activities. 

‘‘(5) Is likely to attract superior students and promote careers in manufacturing engineering. 

‘‘(6) Proposes to involve fully qualified personnel who are 

experienced in manufacturing engineering education and technology. 

‘‘(7) Proposes a program that, within three years after the 

award is made, is likely to attract from sources other than the 

Federal Government the financial and other support necessary 

to sustain such program. 

‘‘(8) Proposes to achieve a significant level of participation 

by women, members of minority groups, and individuals with 

disabilities through active recruitment of students from among 

such persons. 

‘‘(9) Trains students in advanced manufacturing and in relevant emerging technologies and production processes. 

‘‘(h) INSTITUTION OF HIGHER EDUCATION DEFINED.—In this section, the term ‘institution of higher education’ has the meaning 

given such term in section 101(a) of the Higher Education Act of 

1965 (20 U.S.C. 1001(a)).’’. 

SEC. 216. NOTIFICATION REQUIREMENT FOR CERTAIN RAPID PROTOTYPING, EXPERIMENTATION, AND DEMONSTRATION ACTIVITIES. 

(a) NOTICE REQUIRED.—The Secretary of the Navy shall not initiate a covered activity until a period of 10 business days has 

elapsed following the date on which the Secretary submits to the 

congressional defense committees the notice described in subsection 

(b) with respect to such activity. 

(b) ELEMENTS OF NOTICE.—The notice described in this subsection is a written notice of the intention of the Secretary to initiate 

a covered activity. Each such notice shall include the following: 

(1) A description of the activity. 

(2) Estimated costs and funding sources for the activity, including a description of any cost-sharing or in-kind support arrangements with other participants. 

(3) A description of any transition agreement, including the 

identity of any partner organization that may receive the results 

of the covered activity under such an agreement. 

(4) Identification of major milestones and the anticipated 

date of completion of the activity. 


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(c) COVERED ACTIVITY.—In this section, the term ‘‘covered activity’’ means a rapid prototyping, experimentation, or demonstration 

activity carried out under program element 0603382N. 

(d) SUNSET.—The requirements of this section shall terminate 

five years after the date of the enactment of this Act. 

SEC. 217. INCREASED MICRO-PURCHASE THRESHOLD FOR RESEARCH 

PROGRAMS AND ENTITIES. 

(a) INCREASED MICRO-PURCHASE THRESHOLD FOR BASIC RE- SEARCH PROGRAMS AND ACTIVITIES OF THE DEPARTMENT OF DE- FENSE SCIENCE AND TECHNOLOGY REINVENTION LABORATORIES.— (1) IN GENERAL.—Chapter 137 of title 10, United States 

Code, is amended by adding at the end the following new section: 

‘‘§ 2338. Micro-purchase threshold for basic research programs and activities of the Department of Defense 

science and technology reinvention laboratories 

‘‘Notwithstanding subsection (a) of section 1902 of title 41, the 

micro-purchase threshold for the Department of Defense for purposes of such section is $10,000 for purposes of basic research programs and for the activities of the Department of Defense science 

and technology reinvention laboratories.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the 

following new item: 

‘‘2338. Micro-purchase threshold for basic research programs and activities of the Department of Defense science and technology reinvention laboratories.’’. 

(b) INCREASED MICRO-PURCHASE THRESHOLD FOR UNIVERSITIES, INDEPENDENT RESEARCH INSTITUTES, AND NONPROFIT RESEARCH ORGANIZATIONS.—Section 1902 of title 41, United States 

Code, is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘For purposes’’ and inserting ‘‘(1) Except 

as provided in section 2338 of title 10 and paragraph (2) 

of this subsection, for purposes’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(2) For purposes of this section, the micro-purchase threshold 

for procurement activities administered under sections 6303 through 

6305 of title 31 by institutions of higher education (as defined in 

section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 

1001(a)), or related or affiliated nonprofit entities, or by nonprofit 

research organizations or independent research institutes is— ‘‘(A) $10,000; or 

‘‘(B) such higher threshold as determined appropriate by 

the head of the relevant executive agency and consistent with 

clean audit findings under chapter 75 of title 31, internal institutional risk assessment, or State law.’’; and 

(2) in subsections (d) and (e), by striking ‘‘not greater than $3,000’’ and inserting ‘‘with a price not greater than the micropurchase threshold’’. 

SEC. 218. IMPROVED BIOSAFETY FOR HANDLING OF SELECT AGENTS 

AND TOXINS. 

(a) QUALITY CONTROL AND QUALITY ASSURANCE PROGRAM.— 

The Secretary of Defense, acting through the executive agent for the 

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ment of Defense, shall carry out a program to implement certain 

quality control and quality assurance measures at each covered facility. 

(b) QUALITY CONTROL AND QUALITY ASSURANCE MEASURES.— Subject to subsection (c), the quality control and quality assurance 

measures implemented at each covered facility under subsection (a) 

shall include the following: 

(1) Designation of an external manager to oversee quality 

assurance and quality control. 

(2) Environmental sampling and inspection. 

(3) Production procedures that prohibit operations where 

live biological select agents and toxins are used in the same laboratory where viability testing is conducted. 

(4) Production procedures that prohibit work on multiple 

organisms or multiple strains of one organism within the same 

biosafety cabinet. 

(5) A video surveillance program that uses video monitoring as a tool to improve laboratory practices in accordance 

with regulatory requirements. 

(6) Formal, recurring data reviews of production in an effort to identify data trends and nonconformance issues before 

such issues affect end products. 

(7) Validated protocols for production processes to ensure 

that process deviations are adequately vetted prior to implementation. 

(8) Maintenance and calibration procedures and schedules 

for all tools, equipment, and irradiators. 

(c) WAIVER.—In carrying out the program under subsection (a), 

the Secretary may waive any of the quality control and quality assurance measures required under subsection (b) in the interest of 

national defense. 

(d) STUDY AND REPORT REQUIRED.— 

(1) STUDY.—The Secretary of Defense shall carry out a 

study to evaluate— 

(A) the feasibility of consolidating covered facilities 

within a unified command to minimize risk; 

(B) opportunities to partner with industry for the production of biological select agents and toxins and related 

services in lieu of maintaining such capabilities within the 

Department of the Army; and 

(C) whether operations under the biological select agent 

and toxin production program should be transferred to another government or commercial laboratory that may be 

better suited to execute production for non-Department of 

Defense customers. 

(2) REPORT.—Not later than February 1, 2017, the Secretary shall submit to the congressional defense committees a 

report on the results of the study under paragraph (1). 

(e) COMPTROLLER GENERAL REVIEW.—Not later than September 

1, 2017, the Comptroller General of the United States shall submit 

to the congressional defense committees a report that includes the 

following: 

(1) A review of— 

(A) the actions taken by the Department of Defense to 

address the findings and recommendations of the report of 


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the Department of the Army titled ‘‘Individual and Institutional Accountability for the Shipment of Viable Bacillus 

Anthracis from Dugway Proving Grounds’’, dated December 

15, 2015, including any actions taken to address the culture of complacency in the biological select agent and toxin 

production program identified in such report; and 

(B) the progress of the Secretary in carrying out the 

program under subsection (a). 

(2) An analysis of the study and report under subsection 

(d). 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘biological select agent and toxin’’ means any 

agent or toxin identified under— 

(A) section 331.3 of title 7, Code of Federal Regulations; 

(B) section 121.3 or section 121.4 of title 9, Code of 

Federal Regulations; or 

(C) section 73.3 or section 73.4 of title 42, Code of Federal Regulations. 

(2) The term ‘‘covered facility’’ means any facility of the Department of Defense that produces biological select agents and 

toxins. 

SEC. 219. DESIGNATION OF DEPARTMENT OF DEFENSE SENIOR OFFICIAL WITH PRINCIPAL RESPONSIBILITY FOR DIRECTED 

ENERGY WEAPONS. 

(a) DESIGNATION OF SENIOR OFFICIAL.— (1) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall designate a senior official already serving within the Department 

of Defense as the official with principal responsibility for the development and demonstration of directed energy weapons for 

the Department. 

(2) DEVELOPMENT OF STRATEGIC PLAN.— (A) IN GENERAL.—The senior official designated under 

paragraph (1) shall develop a detailed strategic plan to develop, mature, and transition directed energy technologies 

to acquisition programs of record. 

(B) ROADMAP.—Such strategic plan shall include a 

strategic roadmap for the development and fielding of directed energy weapons and key enabling capabilities for the 

Department, identifying and coordinating efforts across 

military departments to achieve overall joint mission effectiveness. 

(3) ACCELERATION OF DEVELOPMENT AND FIELDING OF DIRECTED ENERGY WEAPONS CAPABILITIES.— 

(A) IN GENERAL.—To the degree practicable, the senior 

official designated under paragraph (1) shall use the flexibility of the policies of the Department in effect on the day 

before the date of the enactment of this Act, or any successor policies, to accelerate the development and fielding of 

directed energy capabilities. 

(B) ENGAGEMENT.—The Secretary shall use the flexibility of the policies of the Department in effect on the day 

before the date of the enactment of this Act, or any successor policies, to ensure engagement with defense and priVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 00098 Fmt 6659 Sfmt 6603 E:\HR\OC\HR840.XXX HR840

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vate industries, research universities, and unaffiliated, nonprofit research institutions. 

(4) ADVICE FOR EXERCISES AND DEMONSTRATIONS.—The 

senior official designated under paragraph (1) shall, to the degree practicable, provide technical advice and support to entities in the Department of Defense and the military departments 

conducting exercises or demonstrations with the purpose of improving the capabilities of or operational viability of technical 

capabilities supporting directed energy weapons, including supporting military utility assessments of the relevant cost and 

benefits of directed energy weapon systems. 

(5) SUPPORT FOR DEVELOPMENT OF REQUIREMENTS.—The 

senior official designated under paragraph (1) shall coordinate 

with the military departments, Defense Agencies, and the Joint 

Directed Energy Transition Office to define requirements for directed energy capabilities that address the highest priority 

warfighting capability gaps of the Department. 

(6) AVAILABILITY OF INFORMATION.—The Secretary of Defense shall ensure that the senior official designated under 

paragraph (1) has access to such information on programs and 

activities of the military departments and other defense agencies as the Secretary considers appropriate to coordinate departmental directed energy efforts. 

(b) JOINT DIRECTED ENERGY TRANSITION OFFICE.— 

(1) REDESIGNATION.—The High Energy Laser Joint Technology Office of the Department of Defense is hereby redesignated as the ‘‘Joint Directed Energy Transition Office’’ (in this 

subsection referred to as the ‘‘Office’’), and shall report to the official designated under subsection (a)(1). 

(2) ADDITIONAL FUNCTIONS.—In addition to the functions 

and duties of the Office in effect on the day before the date of 

the enactment of this Act, the Office shall assist the senior official designated under paragraph (1) of subsection (a) in carrying out paragraphs (2) through (5) of such subsection. 

(3) FUNDING.—The Secretary may make available such 

funds to the Office for basic research, applied research, advanced technology development, prototyping, studies and analyses, and organizational support as the Secretary considers appropriate to support the efficient and effective development of 

directed energy systems and technologies and transition of those 

systems and technologies into acquisition programs or operational use. 

SEC. 220. RESTRUCTURING OF THE DISTRIBUTED COMMON GROUND 

SYSTEM OF THE ARMY. 

(a) IN GENERAL.—Not later that April 1, 2017, the Secretary of 

the Army shall restructure versions of the distributed common 

ground system of the Army after Increment 1— 

(1) by discontinuing development of new software code, excluding the configuration and testing of system interfaces to 

commercial, open source, and existing Government off the shelf 

(GOTS) software, of any component of the system for which 

there is commercial, open source, or Government off the shelf 

software that is capable of fulfilling at least 80 percent of the 

system requirements applicable to such component; and 


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(2) by conducting a review of the acquisition strategy of the 

program to ensure that procurement of commercial software is 

the preferred method of meeting program requirements for 

major system components. 

(b) LIMITATION.—The Secretary of the Army shall not award 

any contract for the development of new component software capability for the distributed common ground system of the Army if such 

a capability is already a commercial item or open source, except for 

configuration of capabilities that are incidental to and necessary for 

the proper functioning of the system. 

(c) REPORT REQUIRED.— 

(1) REQUIREMENT.—Not later than March 1, 2018, the 

Under Secretary of Defense for Acquisition, Technology and Logistics, in consultation with the Director, Operational Test and 

Evaluation, shall submit to the congressional defense committees a report on the Increment 2 of the distributed common 

ground system of the Army. 

(2) ELEMENTS OF REPORT.—The report required by paragraph (1) shall include, at a minimum, the following: 

(A) The overall assessment of the system and each individual major component of the system. 

(B) The status of alignment with the Intelligence Community Information Technology Enterprise (IC-ITE). 

(C) The ease of use of Increment 2 as compared with 

Increment 1 for operators in deployed environments. 

(D) The extent to which a common, synchronized view 

of all system data is globally available to all system users, 

at all times. 

(E) The level of maturity of the technologies underlying 

core system components and application programming 

interfaces. 

(F) The extent to which program operators can move 

data seamlessly between different components of the system. 

SEC. 221. LIMITATION ON AVAILABILITY OF FUNDS FOR THE COUNTERING WEAPONS OF MASS DESTRUCTION SYSTEM CONSTELLATION. 

(a) LIMITATION.—Not more than 50 percent of the funds authorized to be appropriated by this Act or otherwise made available for 

fiscal year 2017 for the countering weapons of mass destruction situational awareness information system commonly known as ‘‘Constellation’’ may be obligated or expended for research, development, 

or prototyping for such system until the report required by subsection (b)(4) has been delivered to the congressional defense committees. 

(b) INDEPENDENT REVIEW AND ASSESSMENT.— 

(1) IN GENERAL.—The Secretary of Defense shall provide for 

an independent review and assessment of the requirements and 

implementation for research, development, and prototyping for 

the Constellation system prior to a Milestone A decision or other 

operational use. 

(2) ELEMENTS OF INDEPENDENT REVIEW.—The independent 

review provided for under paragraph (1) shall include the following: 


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(A) A review of the major software components of the 

system and an explanation of the requirements of the Department of Defense with respect to each such component. 

(B) A review of the requirements validated in the Information System Initial Capabilities Document (ISICD) and 

capability gaps identified for duplication and redundancy 

with other validated information technology requirements 

and capability gaps. 

(C) Identification of elements and applications of the 

system that cannot be implemented using the existing technical infrastructure and tools of the Department of Defense 

or the infrastructure and tools in development. 

(D) An overview of a security plan to achieve an accredited cross-domain solution system, including security 

milestones and proposed security architecture to mitigate 

both insider and outsider threats. 

(E) Identification of the planned categories of end-users 

of the system, linked to organizations, mission requirements, and concept of operations, the expected total number 

of end-users, and the associated permissions granted to 

such users. 

(3) ENTITY CONDUCTING INDEPENDENT REVIEW AND ASSESSMENT.—The Secretary shall ensure that— 

(A) the independent review and assessment provided 

for under paragraph (1) is conducted by a federally funded 

research and development center selected (or entered into 

an arrangement with) by the Secretary or such other entity 

as the Secretary considers appropriate; and 

(B) such center or entity provides periodic updates to 

the congressional defense committees on such independent 

review and assessment prior to the completion of the independent review and assessment. 

(4) REPORT ON INDEPENDENT REVIEW AND ASSESSMENT.— The Secretary shall submit to the congressional defense committees a report containing— 

(A) the findings of the center or entity selected (or entered into an arrangement with) under paragraph (3)(A) 

with respect to the independent review and assessment conducted by such center or entity pursuant to such paragraph; and 

(B) an assessment of the need to continue Constellation 

research, development, and prototyping. 

SEC. 222. LIMITATION ON AVAILABILITY OF FUNDS FOR DEFENSE INNOVATION UNIT EXPERIMENTAL. 

(a) LIMITATION.— 

(1) OPERATION AND MAINTENANCE.—Of the funds specified 

in subsection (c)(1), not more than 75 percent may be obligated 

or expended until the date on which the Secretary of Defense 

submits to the congressional defense committees the report 

under subsection (b). 

(2) RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.—Of 

the funds specified in subsection (c)(2), not more than 25 percent may be obligated or expended until the date on which the 

Secretary submits to the congressional defense committees the 

report under subsection (b). 


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(b) REPORT REQUIRED.—The Secretary of Defense shall submit 

to the congressional defense committees a report on the Defense Innovation Unit Experimental. Such report shall include the following: 

(1) The charter and mission statement of the Unit. 

(2) A description of— 

(A) the management and operations of the Unit, including— 

(i) the governance structure of the Unit; 

(ii) the process for coordinating and deconflicting 

the activities of the Unit with similar activities of the 

Small Business Innovation Research Program, military 

departments, Defense Agencies, and other departments 

and agencies of the Federal Government, including activities carried out by In-Q-Tel, the Defense Advanced 

Research Projects Agency, and Department of Defense 

laboratories; 

(iii) the direct staffing requirements of the Unit, including a description of the desired skills and expertise 

of such staff at each location; 

(iv) the number of civilian and military personnel 

provided by the military departments and Defense 

Agencies to support the Unit; and 

(v) any planned expansion to new sites, the metrics 

used to identify such sites, and an explanation of how 

such expansion will provide access to innovations of 

nontraditional defense contractors (as such term is defined in section 2302 of title 10, United States Code) 

that are not otherwise accessible; and 

(B) policies and practices that will enable the Unit to 

best support Department of Defense missions, including— 

(i) the metrics used to measure the effectiveness of 

the Unit; 

(ii) how compliance with Department of Defense or 

Federal Government requirements could affect the ability of nontraditional defense contractors (as such term 

is defined in section 2302 of title 10, United States 

Code) to market products and obtain funding; 

(iii) how to treat intellectual property that has been 

developed with little or no government funding; 

(iv) detailed justification for the expansion of the 

mission of the Unit, including authority to use research 

and development agreements, contracts, and meritbased prize competitions to explore emerging technologies and additional physical locations; 

(v) a description of how existing Department of Defense agencies, services, entities, and other elements are 

authorized to better use streamlined acquisition procedures, research and development agreements, contracts, 

and merit-based prize competitions to explore emerging 

technologies, including modification of guidance and 

procedures to permit effective and streamlined implementation of authorities provided by Congress for 

rapid execution; 


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(vi) an account of the successes and failures of contracts already awarded by the unit; 

(vii) recommendations on practices, policies, and 

authorities that will permit increased public-private 

partnership in financing and funding of research and 

technology development efforts; and 

(viii) a description of technology transition strategies to ensure that research and technology programs 

funded by the Unit will be effectively and efficiently 

transitioned into operational use or acquisition programs, including a description of the role of Defense 

laboratories in such technology transition efforts. 

(3) Any other information the Secretary determines to be 

appropriate. 

(c) FUNDS SPECIFIED.—The funds specified in this subsection 

are as follows: 

(1) Funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for operation and 

maintenance, Defense-wide, for the Defense Innovation Unit Experimental. 

(2) Funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for research, development, test, and evaluation, Defense-wide, for the Defense Innovation Unit Experimental. 

SEC. 223. LIMITATION ON AVAILABILITY OF FUNDS FOR JOINT SURVEILLANCE TARGET ATTACK RADAR SYSTEM (JSTARS) RECAPITALIZATION PROGRAM. 

(a) IN GENERAL.—Except as provided in subsection (b), none of 

the funds authorized to be appropriated by this Act or otherwise 

made available for fiscal year 2017 or any other fiscal year for the 

Air Force may be made available for the Air Force’s Joint Surveillance Target Attack Radar System (JSTARS) recapitalization program unless the contract for engineering and manufacturing development uses a firm fixed-price contract structure. 

(b) NATIONAL SECURITY WAIVER AUTHORITY.—The Secretary of 

Defense may waive the limitation in subsection (a) if the Secretary 

determines that such a waiver is in the national security interests 

of the United States. 

SEC. 224. ACQUISITION PROGRAM BASELINE AND ANNUAL REPORTS 

ON FOLLOW-ON MODERNIZATION PROGRAM FOR F–35 

JOINT STRIKE FIGHTER. 

(a) LIMITATION.—The Secretary of Defense may not award any 

follow-on modernization development contracts for the F–35 Joint 

Strike Fighter until the Secretary has submitted the report required 

by subsection (b)(1) in accordance with such subsection. 

(b) ACQUISITION PROGRAM BASELINE.— 

(1) IN GENERAL.—Not later than March 31, 2017, the Secretary of Defense shall submit to the congressional defense committees a report that contains the basic elements of an acquisition program baseline for Block 4 Modernization. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include the following: 

(A) Cost estimates for development, production, and 

modification. 


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(B) Projected key schedule dates, including dates for 

the completion of— 

(i) a capabilities development document; 

(ii) an independent cost estimate; 

(iii) an initial preliminary design review; 

(iv) a development contract award; and 

(v) a critical design review. 

(C) Technical performance parameters. 

(D) Technology readiness levels. 

(E) Annual funding profiles for development and procurement. 

(c) REVIEW BY COMPTROLLER GENERAL OF THE UNITED

STATES.—Not later than 60 days after the date on which the report 

required by subsection (b)(1) is submitted to the congressional defense committees in accordance with such subsection, the Comptroller General of the United States shall— 

(1) review such report; and 

(2) brief the congressional defense committees on the findings of the Comptroller General with respect to such review. 

(d) ANNUAL REPORTS BY SECRETARY OF DEFENSE.—Not later 

than one year after the date on which the Secretary awards a development contract for follow-on modernization of the F–35 Joint 

Strike Fighter and not less frequently than once each year thereafter 

until March 31, 2023, the Secretary shall submit to the congressional defense committees a report on the cost, schedule, and performance progress against the baseline set forth in the report submitted pursuant to subsection (b)(1). 

Subtitle C—Reports and Other Matters 

SEC. 231. STRATEGY FOR ASSURED ACCESS TO TRUSTED MICROELECTRONICS. 

(a) STRATEGY.—The Secretary of Defense shall develop a strategy to ensure that the Department of Defense has assured access to 

trusted microelectronics by not later than September 30, 2019. 

(b) ELEMENTS.—The strategy under subsection (a) shall include 

the following: 

(1) Definitions of the various levels of trust required by 

classes of Department of Defense systems. 

(2) Means of classifying systems of the Department of Defense based on the level of trust such systems are required to 

maintain with respect to microelectronics. 

(3) Means by which trust in microelectronics can be assured. 

(4) Means to increase the supplier base for assured microelectronics to ensure multiple supply pathways. 

(5) An assessment of the microelectronics needs of the Department of Defense in future years, including the need for 

trusted, radiation-hardened microelectronics. 

(6) An assessment of the microelectronic needs of the Department of Defense that may not be fulfilled by entities outside 

the Department of Defense. 

(7) The resources required to assure access to trusted microelectronics, including infrastructure, workforce, and investments in science and technology. 


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(8) A research and development strategy to ensure that the 

Department of Defense can, to the maximum extent practicable, 

use state of the art commercial microelectronics capabilities or 

their equivalent, while satisfying the needs for trust. 

(9) Recommendations for changes in authorities, regulations, and practices, including acquisition policies, financial 

management, public-private partnership policies, or in any 

other relevant areas, that would support the achievement of the 

goals of the strategy. 

(c) SUBMISSION AND UPDATES.—(1) Not later than one year 

after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the strategy developed 

under subsection (a). The strategy shall be submitted in unclassified 

form, but may include a classified annex. 

(2) Not later than two years after submitting the strategy under 

paragraph (1) and not less frequently than once every two years 

thereafter until September 30, 2024, the Secretary shall update the 

strategy as the Secretary considers appropriate to support Department of Defense missions. 

(d) DIRECTIVE REQUIRED.—Not later than September 30, 2019, 

the Secretary of Defense shall issue a directive for the Department 

of Defense describing how Department of Defense entities may access assured and trusted microelectronics supply chains for Department of Defense systems. 

(e) REPORT AND CERTIFICATION.—Not later than September 30, 

2020, the Secretary of the Defense shall submit to the congressional 

defense committees— 

(1) a report on— 

(A) the status of the implementation of the strategy developed under subsection (a); 

(B) the actions being taken to achieve full implementation of such strategy, and a timeline for such implementation; and 

(C) the status of the implementation of the directive required by subsection (d); and 

(2) a certification of whether the Department of Defense has 

an assured means for accessing a sufficient supply of trusted 

microelectronics, as required by the strategy developed under 

subsection (a). 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘assured’’ refers, with respect to microelectronics, to the ability of the Department of Defense to guarantee 

availability of microelectronics parts at the necessary volumes 

and with the performance characteristics required to meet the 

needs of the Department of Defense. 

(2) The terms ‘‘trust’’ and ‘‘trusted’’ refer, with respect to 

microelectronics, to the ability of the Department of Defense to 

have confidence that the microelectronics function as intended 

and are free of exploitable vulnerabilities, either intentionally or 

unintentionally designed or inserted as part of the system at 

any time during its life cycle. 

SEC. 232. PILOT PROGRAM ON EVALUATION OF COMMERCIAL INFORMATION TECHNOLOGY. 

(a) PILOT PROGRAM.—The Director of the Defense Information 

Systems Agency may carry out a pilot program to evaluate commerVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 00105 Fmt 6659 Sfmt 6603 E:\HR\OC\HR840.XXX HR840

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cially available information technology tools to better understand 

the potential impact of such tools on networks and computing environments of the Department of Defense. 

(b) ACTIVITIES.—Activities under the pilot program may include 

the following: 

(1) Prototyping, experimentation, operational demonstration, military user assessments, and other means of obtaining 

quantitative and qualitative feedback on the commercial information technology products. 

(2) Engagement with the commercial information technology industry to— 

(A) forecast military requirements and technology 

needs; and 

(B) support the development of market strategies and 

program requirements before finalizing acquisition decisions and strategies. 

(3) Assessment of novel or innovative commercial technology for use by the Department of Defense. 

(4) Assessment of novel or innovative contracting mechanisms to speed delivery of capabilities to the Armed Forces. 

(5) Solicitation of operational user input to shape future information technology requirements of the Department of Defense. 

(c) LIMITATION ON AVAILABILITY OF FUNDS.—Of the amounts 

authorized to be appropriated for research, development, test, and 

evaluation, Defense-wide, for each of fiscal years 2017 through 

2022, not more than $15,000,000 may be expended on the pilot program in any such fiscal year. 

SEC. 233. PILOT PROGRAM FOR THE ENHANCEMENT OF THE RESEARCH, DEVELOPMENT, TEST, AND EVALUATION CENTERS OF THE DEPARTMENT OF DEFENSE. 

(a) PILOT PROGRAM REQUIRED.— 

(1) IN GENERAL.—The Secretary of Defense and the secretaries of the military departments shall jointly carry out a pilot 

program to demonstrate methods for the more effective development of technology and management of functions at eligible centers. 

(2) ELIGIBLE CENTERS.—For purposes of the pilot program, 

the eligible centers are— 

(A) the science and technology reinvention laboratories, 

as specified in section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 2358 note); 

(B) the test and evaluation centers which are activities 

specified as part of the Major Range and Test Facility Base 

in Department of Defense Directive 3200.11; and 

(C) the Defense Advanced Research Projects Agency. 

(b) SELECTION.— 

(1) IN GENERAL.—The secretaries described in subsection (a) 

shall ensure that participation in the pilot program includes— 

(A) the Defense Advanced Research Projects Agency; 

and 

(B) in accordance with paragraph (2)— 

(i) five additional eligible centers described in subparagraph (A) of subsection (a)(2) from each of the 

military departments; and 


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(ii) five additional eligible centers described in 

subparagraph (B) of such subsection from each of the 

military departments. 

(2) SELECTION PROCEDURES.—(A) The head of an eligible 

center described in subparagraph (A) or (B) of subsection (a)(2) 

seeking to participate in the pilot program shall submit to the 

appropriate reviewer an application therefor at such time, in 

such manner, and containing such information as the appropriate reviewer shall specify. 

(B) Not later than 120 days after the date of the enactment 

of this Act, each appropriate reviewer shall— 

(i) evaluate each application received under subparagraph (A); and 

(ii) approve or disapprove of the application. 

(C) If the head of an eligible center submits an application 

under subparagraph (A) in accordance with the requirements 

specified by the appropriate reviewer for purposes of such subparagraph and the appropriate reviewer neither approves nor 

disapproves such application pursuant to subparagraph (B)(ii) 

on or before the date that is 120 days after the date of the enactment of this Act, such eligible center shall be considered a participant in the pilot program. 

(D) For purposes of this paragraph, the appropriate reviewer is— 

(i) in the case of an eligible center described in subparagraph (A) of subsection (a)(2), the Laboratory Quality 

Enhancement Program; and 

(ii) in the case of an eligible center described in subparagraph (B) of such subsection, the Director of the Test 

Resource Management Center. 

(c) PARTICIPATION IN PROGRAM.— (1) IN GENERAL.—Subject to paragraph (2), the head of 

each eligible center selected under subsection (b)(1) shall propose and implement alternative and innovative methods of effective management and operations of eligible centers, rapid 

project delivery, support, experimentation, prototyping, and 

partnership with universities and private sector entities to— 

(A) generate greater value and efficiencies in research 

and development activities; 

(B) enable more efficient and effective operations of 

supporting activities, such as— 

(i) facility management, construction, and repair; 

(ii) business operations; 

(iii) personnel management policies and practices; 

and 

(iv) intramural and public outreach; and 

(C) enable more rapid deployment of warfighter capabilities. 

(2) IMPLEMENTATION.—(A) The head of an eligible center 

described in subparagraph (A) or (B) of subsection (a)(2) shall 

implement each method proposed under paragraph (1) unless 

such method is disapproved in writing by the Assistant Secretary concerned within 60 days of receiving a proposal from an 

eligible center selected under subsection (b)(1) by such Assistant 

Secretary. 


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(B) The Director of the Defense Advanced Research Projects 

Agency shall implement each method proposed under paragraph (1) unless such method is disapproved in writing by the 

Chief Management Officer within 60 days of receiving a proposal from the Director. 

(C) In this paragraph, the term ‘‘Assistant Secretary concerned’’ means— 

(i) the Assistant Secretary of the Air Force for Acquisition, with respect to matters concerning the Air Force; 

(ii) the Assistant Secretary of the Army for Acquisition, 

Technology, and Logistics, with respect to matters concerning the Army; and 

(iii) the Assistant Secretary of the Navy for Research, 

Development, and Acquisition, with respect to matters concerning the Navy. 

(d) WAIVER AUTHORITY FOR DEMONSTRATION AND IMPLEMENTATION.—Until the termination of the pilot program under subsection 

(e), the head of an eligible center selected under subsection (b)(1) 

may waive any regulation, restriction, requirement, guidance, policy, procedure, or departmental instruction that would affect the implementation of a method proposed under subsection (c)(1), unless 

such implementation would be prohibited by a provision of a Federal statute or common law. 

(e) TERMINATION.—The pilot program shall terminate on September 30, 2022. 

(f) REPORT.— (1) IN GENERAL.—Not later than one year after the date of 

the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report on the pilot 

program. 

(2) CONTENTS.—The report required by paragraph (1) shall 

include the following: 

(A) Identification of the eligible centers participating in 

the pilot program. 

(B) Identification of the eligible centers whose applications to participate in the pilot program were disapproved 

under subsection (b), including justifications for such disapprovals. 

(C) A description of the methods implemented pursuant 

to subsection (c). 

(D) A description of the methods that were proposed 

pursuant to paragraph (1) of subsection (c) but disapproved 

under paragraph (2) of such subsection. 

(E) An assessment of how methods implemented pursuant to subsection (c) have contributed to the objectives identified in subparagraphs (A), (B), and (C) of paragraph (1) 

of such subsection. 

SEC. 234. PILOT PROGRAM ON MODERNIZATION AND FIELDING OF 

ELECTROMAGNETIC SPECTRUM WARFARE SYSTEMS AND 

ELECTRONIC WARFARE CAPABILITIES. 

(a) PILOT PROGRAM.— (1) IN GENERAL.—The Secretary of Defense may carry out 

a pilot program on the modernization and fielding of electromagnetic spectrum warfare systems and electronic warfare systems. 


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(2) SELECTION.—If the Secretary carries out the pilot program under paragraph (1), the Electronic Warfare Executive 

Committee shall select from the list described in section 

240(b)(4) a total of 10 electromagnetic spectrum warfare systems and electronic warfare systems across at least two military 

departments for modernization and fielding under the pilot program. 

(b) TERMINATION.—The pilot program authorized by subsection 

(a) shall terminate on September 30, 2023. 

(c) FUNDING.—For the purposes of this pilot program, funds authorized to be appropriated for electromagnetic spectrum warfare 

and electronic warfare may be used for the development and fielding of electromagnetic spectrum warfare systems and electronic warfare capabilities. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘electromagnetic spectrum warfare’’ means 

electronic warfare that encompasses military communications 

and sensing operations that occur in the electromagnetic operational domain. 

(2) The term ‘‘electronic warfare’’ means military action involving the use of electromagnetic and directed energy to control 

the electromagnetic spectrum or to attack the enemy. 

SEC. 235. PILOT PROGRAM ON DISCLOSURE OF CERTAIN SENSITIVE 

INFORMATION TO FEDERALLY FUNDED RESEARCH AND 

DEVELOPMENT CENTERS. 

(a) IN GENERAL.—The Secretary of Defense shall carry out a 

pilot program on— 

(1) permitting officers and employees of the Department of 

Defense to disclose sensitive information to federally funded research and development centers of the Department for the sole 

purpose of the performance of administrative, technical, or professional services under and within the scope of the contracts 

with the parent organizations of such federally funded research 

and development centers; and 

(2) appropriately protecting proprietary information from 

unauthorized disclosure or use by such centers. 

(b) FFRDCS.—The pilot program shall be carried out with one 

or more federally funded research and development centers of the 

Department selected by the Secretary for participation in the pilot 

program. 

(c) FFRDC PERSONNEL.—Sensitive information may be disclosed to personnel of a federally funded research and development 

center under the pilot program only if such personnel and contractors agree to be subject to, and comply with, appropriate ethics 

standards and requirements applicable to Government personnel, 

including the Ethics in Government Act of 1978, section 1905 of title 

18, United States Code, and chapter 21 of title 41, United States 

Code. 

(d) CONDITIONS ON DISCLOSURE.—Sensitive information may be 

disclosed under the pilot program only if the federally funded research and development center concerned and its parent organization agree to and acknowledge in the parent organization’s contract 

with the Department of Defense that— 

(1) sensitive information furnished to the federally funded 

research and development center will be accessed and used only 


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for the purposes stated in the contract between the parent organization of the federally funded research and development center and the Department of Defense; 

(2) the federally funded research and development center 

will take all precautions necessary to prevent disclosure of the 

sensitive information furnished to anyone not authorized access 

to the information in order to perform the applicable contract; 

(3) sensitive information furnished under the pilot program 

shall not be used by the federally funded research and development center or parent organization to compete against a third 

party for a Government or non-Government contract or funding, 

or to support other current or future research or technology development activities performed by the federally funded research 

and development center; and 

(4) any personnel of a federally funded research and development center participating in the pilot program may not disclose or use any trade secrets or any nonpublic information 

accessed under the pilot program, unless specifically authorized 

by this section. 

(e) DURATION.—(1) The pilot program may commence at any 

time after the review and issuance of policy guidance, updated appropriately, pertaining to the identification, mitigation, and prevention of potentially unfair competitive advantage conferred to federally funded research and development center personnel with access 

to sensitive information who serve as technical advisors to acquisition programs. 

(2) The pilot program shall terminate on the date that is three 

years after the date of the commencement of the pilot program. 

(f) ASSESSMENT.—Not later than two years after the commencement of the pilot program, the Comptroller General of the United 

States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program, 

including an assessment of the effectiveness of activities under the 

pilot program in improving acquisition processes and the effectiveness of protections of private-sector intellectual property in the 

course of such activities. 

(g) SENSITIVE INFORMATION DEFINED.—In this section, the term 

‘‘sensitive information’’ means confidential commercial, financial, or 

proprietary information, technical data, contract performance, contract performance evaluation, management, and administration 

data, or other privileged information owned by other contractors of 

the Department of Defense that is exempt from public disclosure 

under section 552(b)(4) of title 5, United States Code, or which 

would otherwise be prohibited from disclosure under section 1832 or 

1905 of title 18, United States Code. 

SEC. 236. PILOT PROGRAM ON ENHANCED INTERACTION BETWEEN 

THE DEFENSE ADVANCED RESEARCH PROJECTS AGENCY 

AND THE SERVICE ACADEMIES. 

(a) IN GENERAL.—The Secretary of Defense, acting through the 

Director of the Defense Advanced Research Projects Agency, shall 

carry out a pilot program to enhance interaction between the Defense Advanced Research Projects Agency and the service academies 

to promote technology transition, education, and training in science, 

technology, engineering, and mathematics fields that are relevant to 

the Department of Defense. 


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(b) AWARDS OF FUNDS.—(1) In carrying out the pilot program, 

the Secretary, acting through the Director, shall provide funds to 

contractors and grantees of the Defense Advanced Research Projects 

Agency in order to encourage such contractors and grantees to develop research partnerships with the service academies to support 

more efficient and effective technology transition of research programs and products. 

(2) It shall be the responsibility of the Director to ensure that 

such funds are used effectively and that sufficient efforts are made 

to build appropriate partnerships. 

(c) SERVICE ACADEMY TECHNOLOGY TRANSITION NETWORKS.— 

In carrying out the pilot program, the Director shall prioritize the 

leveraging of— 

(1) the technology transition networks that service academies maintain among their academic departments and resident research centers; and 

(2) partnerships with Department of Defense laboratories, 

other Federal degree granting institutions, academia, and industry. 

(d) TERMINATION.—The authority to carry out the pilot program 

shall terminate on September 30, 2020. 

(e) SERVICE ACADEMIES DEFINED.—In this section, the term 

‘‘service academies’’ means the following: 

(1) The United States Military Academy. 

(2) The United States Naval Academy. 

(3) Th United States Air Force Academy. 

(4) The United States Coast Guard Academy. 

(5) The United States Merchant Marine Academy. 

SEC. 237. INDEPENDENT REVIEW OF F/A–18 PHYSIOLOGICAL EPISODES 

AND CORRECTIVE ACTIONS. 

(a) INDEPENDENT REVIEW REQUIRED.—The Secretary of the 

Navy shall conduct an independent review of the plans, programs, 

and research of the Department of the Navy with respect to— 

(1) physiological events affecting aircrew of the F/A–18 

Hornet and the F/A–18 Super Hornet aircraft during the covered period; and 

(2) the efforts of the Navy and Marine Corps to prevent and 

mitigate the affects of such physiological events. 

(b) CONDUCT OF REVIEW.—In conducting the review under subsection (a), the Secretary of the Navy shall— 

(1) designate an appropriate senior official in the Office of 

the Secretary of the Navy to oversee the review; and 

(2) consult experts from outside the Department of Defense 

in appropriate technical and medical fields. 

(c) REVIEW ELEMENTS.—The review under subsection (a) shall 

include an evaluation of— 

(1) any data of the Department of the Navy relating to the 

increased frequency of physiological events affecting aircrew of 

the F/A–18 Hornet and the F/A–18 Super Hornet aircraft during the covered period; 

(2) aircraft mishaps potentially related to such physiological events; 

(3) the cost and effectiveness of all material, operational, 

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ment of the Navy to mitigate such physiological events during 

the covered period; 

(4) material, operational, maintenance, or other measures 

that may reduce the rate of such physiological events in the future; and 

(5) the performance of— 

(A) the onboard oxygen generation system in the F/A– 

18 Super Hornet; 

(B) the overall environmental control system in the F/ 

A–18 Hornet and F/A–18 Super Hornet; and 

(C) other relevant subsystems of the F/A–18 Hornet 

and F/A–18 Super Hornet, as determined by the Secretary. 

(d) REPORT REQUIRED.—Not later than December 1, 2017, the 

Secretary of Navy shall submit to the congressional defense committees a report that includes the results of the review under subsection 

(a). 

(e) COVERED PERIOD.—In this section, the term ‘‘covered period’’ 

means the period beginning on January 1, 2009, and ending on the 

date of the submission of the report under subsection (d). 

SEC. 238. B–21 BOMBER DEVELOPMENT PROGRAM ACCOUNTABILITY 

MATRICES. 

(a) SUBMITTAL OF MATRICES.—Concurrent with the President’s 

annual budget request submitted to Congress under section 1105 of 

title 31, United States Code, for fiscal year 2018, the Secretary of 

the Air Forces shall submit to the congressional defense committees 

and the Comptroller General of the United States the matrices described in subsection (b) relating to the B–21 bomber aircraft program. 

(b) MATRICES DESCRIBED.—The matrices described in this subsection are the following: 

(1) EMD GOALS.—A matrix that identifies, in six month increments, key milestones, development events, and specific performance goals for the EMD phase of the B–21 bomber aircraft 

program, which shall be subdivided, at a minimum, according 

to the following: 

(A) Technology readiness levels of major components 

and key demonstration events. 

(B) Design maturity. 

(C) Software maturity. 

(D) Manufacturing readiness levels for critical manufacturing operations and key demonstration events. 

(E) Manufacturing operations. 

(F) System verification and key flight test events. 

(G) Reliability. 

(2) COST.—A matrix expressing, in six month increments, 

the total cost for the Air Force service cost position for the EMD 

phase and low initial rate of production lots of the B–21 bomber 

aircraft and a matrix expressing the total cost for the prime 

contractor’s estimate for such EMD phase and production lots, 

both of which shall be phased over the entire EMD period and 

subdivided according to the costs of the following: 

(A) Air vehicle. 

(B) Propulsion. 

(C) Mission systems. 

(D) Vehicle subsystems. 


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(E) Air vehicle software. 

(F) Systems engineering. 

(G) Program management. 

(H) System test and evaluation. 

(I) Support and training systems. 

(J) Contract fee. 

(K) Engineering changes. 

(L) Direct mission support, including Congressional 

General Reductions. 

(M) Government testing. 

(c) SEMIANNUAL UPDATE OF MATRICES.— (1) IN GENERAL.—Not later than 180 days after the date on 

which the Secretary of the Air Force submits the matrices required by subsection (a), concurrent with the submittal of each 

annual budget request to Congress under section 1105 of title 

31, United States Code, thereafter, and not later than 180 days 

after each such submittal, the Secretary of the Air Force shall 

submit to the congressional defense committees and the Comptroller General of the United States updates to the matrices described in subsection (b). 

(2) ELEMENTS.—Each update submitted under paragraph 

(1) shall detail progress made toward the goals identified in the 

matrix described in subsection (b)(1) and provide updated cost 

estimates. 

(3) TREATMENT OF INITIAL MATRICES AS BASELINE.—The 

matrices submitted pursuant to subsection (a) shall be treated 

as the baseline for the full EMD phase and low rate initial production of the B–21 bomber aircraft program for purposes of the 

updates submitted pursuant to paragraph (1) of this subsection. 

(d) ASSESSMENT BY COMPTROLLER GENERAL OF THE UNITED

STATES.—Not later than the date that is 45 days after the date on 

which the Comptroller General of the United States receives an update to a matrix under subsection (d)(1), the Comptroller General 

shall review the sufficiency of such matrix and submit to the congressional defense committees an assessment of such matrix, including by identifying cost, schedule, or performance trends. 

SEC. 239. STUDY ON HELICOPTER CRASH PREVENTION AND MITIGATION TECHNOLOGY. 

(a) STUDY REQUIRED.—The Secretary of Defense shall seek to 

enter into a contract with a federally funded research and development center to conduct a study on technologies with the potential to 

prevent and mitigate helicopter crashes. 

(b) ELEMENTS.—The study required under subsection (a) shall 

include the following: 

(1) Identification of technologies with the potential— 

(A) to prevent helicopter crashes (such as collision 

avoidance technologies and battle space and terrain situational awareness technologies); and 

(B) to improve survivability among individuals involved in such crashes (such as adaptive flight control technologies and improved energy absorbing technologies). 

(2) A cost-benefit analysis of each technology identified 

under paragraph (1) that takes into account the cost of developing and deploying the technology compared to the potential of 

the technology to prevent casualties or injuries. 


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(3) A list that ranks the technologies identified under paragraph (1) based on— 

(A) the results of the cost-benefit analysis under paragraph (2); and 

(B) the readiness level of each technology. 

(4) An analysis of helicopter crashes that— 

(A) compares the casualty rates of cockpit occupants to 

the casualty rates of occupants of cargo compartments and 

troop seats; and 

(B) identifies the root causes of the casualties described 

in subparagraph (A). 

(c) BRIEFING.—Not later than one year after the date of the enactment of this Act, the Secretary shall provide to the Committees 

on Armed Services of the Senate and the House of Representatives 

(and the other congressional defense committees on request) a briefing that includes— 

(1) the results of the study required under subsection (a); 

and 

(2) the list described in subsection (b)(3). 

SEC. 240. STRATEGY FOR IMPROVING ELECTRONIC AND ELECTROMAGNETIC SPECTRUM WARFARE CAPABILITIES. 

(a) STRATEGY REQUIRED.—Not later than April 1, 2017, the 

Under Secretary of Defense for Acquisition, Technology and Logistics, acting through the Electronic Warfare Executive Committee, 

shall submit to the congressional defense committees a strategy on 

the electronic and electromagnetic spectrum warfare capabilities of 

the Department of Defense. 

(b) ELEMENTS.—The strategy required by subsection (a) shall 

include the following: 

(1) A strategy for advancing and accelerating research, development, test, and evaluation, and fielding, of electronic warfare capabilities to meet current and projected requirements, including intra-service ground and air interoperabilities, as well 

as recommendations for streamlining acquisition processes with 

respect to such capabilities. 

(2) A methodology for synchronizing and overseeing electronic warfare strategies, operational concepts, and programs 

across the Department of Defense, including electronic warfare 

programs that support or enable cyber operations. 

(3) A description of the training and operational support required for fielding and sustaining current and planned investments in electronic warfare capabilities, including the requirements for conducting large-scale simulated exercises and training in contested electronic warfare environments. 

(4) A comprehensive list of investments of the Department 

of Defense in electronic warfare capabilities, including the capabilities to be developed, procured, or sustained in— 

(A) the budget of the President for fiscal year 2018 submitted to Congress under section 1105(a) of title 31, United 

States Code; and 

(B) the future-years defense program submitted to Congress under section 221 of title 10, United States Code, for 

that fiscal year. 

(5) A description of the threat environment for electromagnetic spectrum for current and future warfare needs. 


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(6) An assessment of progress on increasing interoperability 

between Services and Agencies, as well as increasing application of innovative electromagnetic spectrum warfighting methods and operational concepts that provide advantages within 

the electromagnetic spectrum operational domain. 

(7) Specific attributes needed in future electronic and electromagnetic spectrum warfare capabilities, such as networking, 

adaptability, agility, multifunctionality, and miniaturization, 

and progress toward incorporating such attributes in new electronic warfare systems. 

(8) Capability gaps with respect to asymmetric and nearpeer adversaries identified pursuant to a capability gap assessment. 

(9) A joint strategy on achieving near real-time system 

adaption to rapidly advancing modern digital electronics. 

(10) Any other information the Secretary determines to be 

appropriate. 

(c) FORM.—The strategy required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 

(d) ELECTRONIC WARFARE EXECUTIVE COMMITTEE DEFINED.— 

In this section the term ‘‘Electronic Warfare Executive Committee’’ 

means the committee established on March 17, 2015, and chartered 

on August 11, 2015, by the Deputy Secretary of Defense to serve as 

the principal forum within the Department of Defense to inform, coordinate, and evaluate electronic warfare matters to maintain a 

strong technological advantage in United States capabilities. 

SEC. 241. SENSE OF CONGRESS ON DEVELOPMENT AND FIELDING OF 

FIFTH GENERATION AIRBORNE SYSTEMS. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The term ‘‘fifth generation’’, with respect to airborne systems, means those airborne systems capable of operating effectively in highly contested battle spaces defined by the most capable currently fielded threats, and those reasonably expected to 

be operational in the foreseeable future. 

(2) Continued modernization of Department of Defense airborne systems such as fighters, bombers, and intelligence, surveillance, and reconnaissance (ISR) aircraft with fifth generation capabilities is required because— 

(A) adversary integrated air defense systems (IADS) 

have created regions where fourth generation airborne systems may be limited in their ability to effectively operate; 

(B) adversary aircraft, air-to-air missiles, and airborne 

electronic attack or electronic protection systems are advancing beyond the capabilities of fourth generation airborne systems; and 

(C) fifth generation airborne systems provide a wider 

variety of options for a given warfighting challenge, preserve the technological advantage of the United States over 

near-peer threats, and serve as a force multiplier by increasing situational awareness and combat effectiveness of 

fourth generation airborne systems. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that development and fielding of fifth generation airborne system systems 

should include the following: 


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(1) Multispectral (radar, infrared, visual, emissions) low 

observable (LO) design features, self-protection jamming, and 

other capabilities that significantly delay or deny threat system 

detection, tracking, and engagement. 

(2) Integrated avionics that autonomously fuse and 

prioritize onboard multispectral sensors and offboard information data to provide an accurate realtime operating picture and 

data download for postmission exploitation and analysis. 

(3) Resilient communications, navigation, and identification techniques designed to effectively counter adversary attempts to deny or confuse friendly systems. 

(4) Robust and secure networks linking individual platforms to create a common, accurate, and highly integrated picture of the battle space for friendly forces. 

(5) Advanced onboard diagnostics capable of monitoring 

system health, accurately reporting system faults, and increasing overall system performance and reliability. 

(6) Integrated platform and subsystem designs to maximize 

lethality and survivability while enabling decision superiority. 

(7) Maximum consideration for the fielding of unmanned 

platforms either employed in concert with fifth generation 

manned platforms or as standalone unmanned platforms, to increase warfighting effectiveness and reduce risk to personnel 

during high risk missions. 

(8) Advanced air-to-air, air-to-ground, and other weapons 

able to leverage fifth generation capabilities. 

(9) Comprehensive and high-fidelity live, virtual, and constructive training systems, updated range infrastructure, and 

sufficient threat-representative adversary training assets to 

maximize fifth generation force proficiency, effectiveness, and 

readiness while protecting sensitive capabilities. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Authorization of appropriations. 

Subtitle B—Energy and Environment 

Sec. 311. Modified reporting requirement related to installations energy management. 

Sec. 312. Waiver authority for alternative fuel procurement requirement. 

Sec. 313. Utility data management for military facilities. 

Sec. 314. Alternative technologies for munitions disposal. 

Sec. 315. Report on efforts to reduce high energy costs at military installations. 

Sec. 316. Sense of Congress on funding decisions relating to climate change. 

Subtitle C—Logistics and Sustainment 

Sec. 321. Revision of deployability rating system and planning reform. 

Sec. 322. Revision of guidance relating to corrosion control and prevention executives. 

Sec. 323. Pilot program for inclusion of certain industrial plants in the Armament 

Retooling and Manufacturing Support Initiative. 

Sec. 324. Repair, recapitalization, and certification of dry docks at naval shipyards. 

Sec. 325. Private sector port loading assessment. 

Sec. 326. Strategy on revitalizing Army organic industrial base. 

Subtitle D—Reports 

Sec. 331. Modifications to Quarterly Readiness Report to Congress. 

Sec. 332. Report on average travel costs of members of the reserve components. 

Sec. 333. Report on HH–60G sustainment and Combat Rescue Helicopter program. 


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Subtitle E—Other Matters 

Sec. 341. Air navigation matters. 

Sec. 342. Contract working dogs. 

Sec. 343. Plan, funding documents, and management review relating to explosive 

ordnance disposal. 

Sec. 344. Process for communicating availability of surplus ammunition. 

Sec. 345. Mitigation of risks posed by window coverings with accessible cords in certain military housing units. 

Sec. 346. Access to military installations by transportation companies. 

Sec. 347. Access to wireless high-speed Internet and network connections for certain 

members of the Armed Forces. 

Sec. 348. Limitation on availability of funds for Office of the Under Secretary of Defense for Intelligence. 

Sec. 349. Limitation on development and fielding of new camouflage and utility uniforms. 

Sec. 350. Plan for improved dedicated adversary air training enterprise of the Air 

Force. 

Sec. 351. Independent review and assessment of the Ready Aircrew Program of the 

Air Force. 

Sec. 352. Study on space-available travel system of the Department of Defense. 

Sec. 353. Evaluation of motor carrier safety performance and safety technology. 

Subtitle A—Authorization of Appropriations 

SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 

Funds are hereby authorized to be appropriated for fiscal year 

2017 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301. 

Subtitle B—Energy and Environment 

SEC. 311. MODIFIED REPORTING REQUIREMENT RELATED TO INSTALLATIONS ENERGY MANAGEMENT. 

Subsection (a) of section 2925 of title 10, United States Code, 

is amended— 

(1) in the subsection heading, by inserting ‘‘, RESILIENCY, 

AND MISSION ASSURANCE’’ after ‘‘ANNUAL REPORT RELATED TO

INSTALLATIONS ENERGY MANAGEMENT’’; 

(2) by striking paragraphs (2), (3), (4), (5), (6), (7), (8), and 

(10); 

(3) by redesignating paragraphs (9) and (11) as paragraphs 

(3), and (4), respectively; and 

(4) by inserting after paragraph (1), the following: 

‘‘(2) A description of the energy savings, return on investment, and enhancements to installation mission assurance realized by the fulfillment of the goals described in paragraph (1).’’. 

SEC. 312. WAIVER AUTHORITY FOR ALTERNATIVE FUEL PROCUREMENT REQUIREMENT. 

(a) IN GENERAL.—The Secretary of Defense may waive the requirement under section 526 of the Energy Independence and Security Act of 2007 (Public Law 110–140; 42 U.S.C. 17142) if the Secretary determines it is in the national security interest of the United 

States. 

(b) NOTIFICATION REQUIREMENT.—The Secretary of Defense 

shall notify the congressional defense committees not later than 15 

days after exercising the waiver authority under subsection (a). 


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SEC. 313. UTILITY DATA MANAGEMENT FOR MILITARY FACILITIES. 

(a) PILOT PROGRAM.—The Secretary of Defense, in consultation 

with the Secretary of Energy, may carry out a pilot program to investigate the use of utility data management services to perform 

utility bill aggregation, analysis, third-party payment, storage, and 

distribution for the Department of Defense. 

(b) USE OF FUNDS.—Of the funds authorized to be appropriated 

by this Act or otherwise made available for fiscal year 2017 for operation and maintenance, Navy, for enterprise information, not more 

than $250,000 may be obligated or expended to carry out the pilot 

program under subsection (a). 

SEC. 314. ALTERNATIVE TECHNOLOGIES FOR MUNITIONS DISPOSAL. 

In carrying out the disposal of munitions in the stockpile of conventional munitions awaiting demilitarization and disposal, the 

Secretary of the Army may use cost-competitive technologies that 

minimize waste generation and air emissions as alternatives to disposal by open burning, open detonation, direct contact combustion, 

and incineration. 

SEC. 315. REPORT ON EFFORTS TO REDUCE HIGH ENERGY COSTS AT 

MILITARY INSTALLATIONS. 

(a) REPORT.— (1) REPORT REQUIRED.—Not later than 270 days after the 

date of the enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics, in conjunction 

with the assistant secretaries responsible for installations and 

environment for the military services and the Defense Logistics 

Agency, shall submit to the congressional defense committees a 

report detailing the efforts to achieve cost savings at military 

installations with high levels of energy intensity. 

(2) ELEMENTS.—The report required under paragraph (1) 

shall include the following elements: 

(A) A comprehensive, installation-specific assessment of 

feasible and mission-appropriate energy initiatives supporting energy production and consumption at military installations with high levels of energy intensity. 

(B) An assessment of current sources of energy in areas 

with high energy costs and potential future sources that are 

technologically feasible, cost-effective, and mission-appropriate for military installations. 

(C) A comprehensive implementation strategy to include required investment for feasible energy efficiency options determined to be the most beneficial and cost-effective, 

where appropriate, and consistent with Department of Defense priorities. 

(D) An explanation of how military services are working collaboratively in order to leverage lessons learned on 

potential energy efficiency solutions. 

(E) An assessment of the extent to which activities administered under the Federal Energy Management Program could be used to assist with the implementation strategy. 

(F) An assessment of State and local partnership opportunities that could achieve efficiency and cost savings, 

and any legislative authorities required to carry out such 

partnerships or agreements. 


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(3) COORDINATION WITH STATE AND LOCAL AND OTHER ENTI- TIES.—In preparing the report required under paragraph (1), 

the Under Secretary may work in conjunction and coordinate 

with the States containing areas of high levels of energy intensity, local communities, and other Federal departments and 

agencies. 

(b) DEFINITIONS.—In this section, the term ‘‘high levels of energy intensity’’ means costs for the provision of energy by kilowatt 

of electricity or British thermal unit of heat or steam for a military 

installation in the United States that is in the highest 20 percent 

of all military installations for a military department. 

SEC. 316. SENSE OF CONGRESS ON FUNDING DECISIONS RELATING TO 

CLIMATE CHANGE. 

It is the sense of Congress that— 

(1) decisions relating to the funding of the Department of 

Defense for fiscal year 2017 should prioritize the support and 

enhancement of the combat capabilities of the Department, in 

addition to seeking efficiency and efficacy; 

(2) funds should be allocated among the programs of the 

Department in the manner that best serves the national security 

interests of the United States; and 

(3) decisions relating to energy efficiency, energy use, and 

climate change should adhere to the principles described in 

paragraphs (1) and (2). 

Subtitle C—Logistics and Sustainment 

SEC. 321. REVISION OF DEPLOYABILITY RATING SYSTEM AND PLANNING REFORM. 

(a) DEPLOYMENT PRIORITIZATION AND READINESS.— (1) IN GENERAL.—Chapter 1003 of title 10, United States 

Code, is amended by inserting after section 10102 the following 

new section: 

‘‘§ 10102a. Deployment prioritization and readiness of Army 

components 

‘‘(a) DEPLOYMENT PRIORITIZATION.—The Secretary of the Army 

shall maintain a system for identifying the priority of deployment 

for units of all components of the Army. 

‘‘(b) DEPLOYABILITY READINESS RATING.—The Secretary of the 

Army shall maintain a readiness rating system for units of all components of the Army that provides an accurate assessment of the 

deployability of a unit and those shortfalls of a unit that require the 

provision of additional resources. The system shall ensure— 

‘‘(1) that the personnel readiness rating of a unit reflects— 

‘‘(A) both the percentage of the overall personnel requirement of the unit that is manned and deployable and 

the fill and deployability rate for critical occupational specialties necessary for the unit to carry out its basic mission 

requirements; and 

‘‘(B) the number of personnel in the unit who are qualified in their primary military occupational specialty; and 

‘‘(2) that the equipment readiness assessment of a unit— 

‘‘(A) documents all equipment required for deployment; 

‘‘(B) reflects only that equipment that is directly possessed by the unit; 


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‘‘(C) specifies the effect of substitute items; and 

‘‘(D) assesses the effect of missing components and sets 

on the readiness of major equipment items.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 1003 of such title is amended by inserting 

after the item relating to section 10102 the following new item: 

‘‘10102a. Deployment prioritization and readiness of Army components.’’. 

(b) REPEAL OF SUPERSEDED PROVISIONS OF LAW.—Sections 

1121 and 1135 of the Army National Guard Combat Readiness Reform Act of 1992 (title XI of Public Law 102–484; 10 U.S.C. 10105 

note) are repealed. 

SEC. 322. REVISION OF GUIDANCE RELATING TO CORROSION CONTROL AND PREVENTION EXECUTIVES. 

(a) IN GENERAL.—Not later than 90 days after the date of the 

enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics, in coordination with the Director of 

Corrosion Policy and Oversight for the Department of Defense, shall 

revise guidance relating to corrosion control and prevention executives to— 

(1) clarify the role of each such executive with respect to assisting the Office of Corrosion Policy and Oversight in holding 

the appropriate project management office in each military department accountable for submitting the annual report required 

under section 903(b)(5) of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 

10 U.S.C. 2228 note); and 

(2) ensure that corrosion control and prevention executives 

emphasize the reduction of corrosion and the effects of corrosion 

on the military equipment and infrastructure of the Department 

of Defense, as required in the long-term strategy of the Department of Defense under section 2228(d) of title 10, United States 

Code. 

(b) CORROSION CONTROL AND PREVENTION EXECUTIVE DEFINED.—In this section, the term ‘‘corrosion control and prevention 

executive’’ means the employee of a military department designated 

as the corrosion control and prevention executive of the department 

under section 903(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 

U.S.C. 2228 note). 

SEC. 323. PILOT PROGRAM FOR INCLUSION OF CERTAIN INDUSTRIAL 

PLANTS IN THE ARMAMENT RETOOLING AND MANUFACTURING SUPPORT INITIATIVE. 

During the five-year period beginning on the date of the enactment of this Act, the Secretary of Defense may treat a Governmentowned, contractor-operated industrial plant of the Department of 

Defense as an eligible facility under section 4551(2) of title 10, 

United States Code. 

SEC. 324. REPAIR, RECAPITALIZATION, AND CERTIFICATION OF DRY 

DOCKS AT NAVAL SHIPYARDS. 

(a) SPECIAL AUTHORITY TO TRANSFER AUTHORIZATIONS.—In 

addition to the authority to transfer funds provided under section 

1001, the Secretary of Defense may transfer not more than 

$250,000,000 of authorizations made available to the Department of 

Defense in this Act for fiscal year 2017 to the Department of the 


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Navy for the repair, recapitalization, and certification of dry docks 

at Government-owned, Government-operated shipyards of the Navy. 

(b) NOTICE TO CONGRESS.—The Secretary shall promptly notify 

Congress of each transfer made under subsection (a). 

(c) TERMS AND CONDITIONS.— (1) IN GENERAL.—Except as provided in paragraph (2), 

transfers under this section shall be subject to the same terms 

and conditions as transfers under section 1001. 

(2) EFFECT ON DOLLAR LIMIT.—A transfer of funds under 

this section shall not be counted toward the dollar limitation 

described in section 1001(a)(2). 

SEC. 325. PRIVATE SECTOR PORT LOADING ASSESSMENT. 

(a) ASSESSMENTS REQUIRED.—During the period beginning on 

the date of the enactment of this Act and ending on the date of the 

final briefing under subsection (c), the Secretary of the Navy shall 

conduct quarterly assessments of naval ship maintenance and loading activities carried out by private sector entities at each covered 

port. 

(b) ELEMENTS OF ASSESSMENTS.—Each assessment under subsection (a) shall include, with respect to each covered port, the following: 

(1) Resources per day, including daily ship availabilities 

and the workforce available to carry out maintenance and loading activities, for the fiscal year preceding the quarter covered 

by the assessment through the end of such quarter. 

(2) Projected resources per day, including daily ship availabilities and the workforce available to carry out maintenance 

and loading activities, through the end of the second fiscal year 

beginning after the quarter covered by the assessment. 

(3) A description of the methods by which the Secretary 

communicates projected workloads to private sector entities engaged in ship maintenance activities and ship loading activities. 

(4) A description of any processes that have been implemented to allow for timely feedback from private sector entities 

engaged in ship maintenance activities and ship loading activities. 

(c) BRIEFINGS REQUIRED.—Not later than 30 days after the date 

of the enactment of this Act, and on a quarterly basis thereafter 

until September 30, 2021, the Secretary shall provide to the Committees on Armed Services of the Senate and House of Representatives (and other congressional defense committees on request)— 

(1) a briefing on the results of the assessments conducted 

under subsection (a); and 

(2) a chart depicting the information described in paragraphs (1) and (2) of subsection (b) with respect to each covered 

port. 

(d) COVERED PORTS.—In this section, the term ‘‘covered ports’’ 

means port facilities used by the Department of Defense in each of 

the following locations: 

(1) Mayport, Florida. 

(2) Norfolk, Virginia. 

(3) Pearl Harbor, Hawaii. 

(4) Puget Sound, Washington. 

(5) San Diego, California. 


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SEC. 326. STRATEGY ON REVITALIZING ARMY ORGANIC INDUSTRIAL 

BASE. 

(a) STRATEGY.—Not later than October 1, 2017, the Secretary of 

Army shall submit to the congressional defense committees a strategy to revitalize the organic industrial base of the Army. 

(b) ELEMENTS.—The strategy under subsection (a) shall include, 

with respect to the organic industrial base of the Army, the following: 

(1) A plan to ensure the long-term viability of the organic 

industrial base. 

(2) An assessment of legacy items of the Army that are sustained by the Defense Logistics Agency. 

(3) A description of how the organic industrial base may be 

used to address diminishing manufacturing sources and material shortages. 

(4) A description of critical capabilities that are required 

across the organic industrial base. 

(5) An assessment of infrastructure across the organic industrial base. 

(6) An assessment of manufacturing sources in the organic 

industrial base and the private sector. 

(7) An explanation of how contracting may be used to meet 

organic industrial base requirements. 

(8) An assessment of current and future workloads across 

the organic industrial base. 

(9) An assessment of the processes used to identify critical 

capabilities for the organic industrial base and the methods 

used to determine workloads. 

(10) An assessment of existing labor rates. 

(11) A description of manufacturing skills that are needed 

to sustain readiness. 

(12) A description of how public-private partnerships may 

be used to improve the organic industrial base. 

(13) A description of how working capital funds may be 

used to improve the organic industrial base. 

(14) An assessment of operating expenses and the potential 

for reducing or recovering such expenses. 

(15) Identification of the tooling, equipment, and facilities 

upgrades necessary for a facility in the organic industrial base 

to manufacture the legacy items of the Defense Logistics Agency, 

including items described in section 333(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114– 

92; 129 Stat. 792). 

(16) An assessment of the suitability of manufacturing the 

legacy items of the Defense Logistics Agency in a facility in the 

organic industrial base. 

(c) DEFINITIONS.—In this section: 

(1) LEGACY ITEMS.—The term ‘‘legacy items’’ means manufactured items that are no longer produced by the private sector 

but continue to be used for weapons systems of the Department 

of Defense, but does not include information systems and information technology (as those terms are defined in section 11101 

of title 40, United States Code). 

(2) ORGANIC INDUSTRIAL BASE.—The term ‘‘organic industrial base’’ means United States military facilities, including arVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 00122 Fmt 6659 Sfmt 6603 E:\HR\OC\HR840.XXX HR840

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senals, depots, munition plants and centers, and storage sites, 

that advance a vital national security interest by producing, 

maintaining, repairing, and storing materiel, munitions, and 

hardware. 

Subtitle D—Reports 

SEC. 331. MODIFICATIONS TO QUARTERLY READINESS REPORT TO 

CONGRESS. 

(a) DEADLINE FOR REPORT.—Subsection (a) of section 482 of 

title 10, United States Code, is amended by striking ‘‘Not later than 

45 days after the end of each calendar-year quarter’’ and inserting 

‘‘Not later than 30 days after the end of each calendar-year quarter’’. 

(b) ELIMINATION OF REPORTING REQUIREMENTS RELATED TO

PREPOSITIONED STOCKS AND NATIONAL GUARD CIVIL SUPPORT MISSION READINESS.—Such section is further amended— 

(1) in subsection (a), by striking ‘‘subsections (b), (d), (e), (f), 

(g), (h), and (i)’’ and inserting ‘‘subsections (b), (d), (e), (f), and 

(g)’’; 

(2) by striking subsections (d) and (e); and 

(3) by redesignating subsections (f), (g), (h), (i), and (j) as 

subsections (d), (e), (f), (g), and (i) respectively. 

(c) INCLUSION OF INFORMATION ON CANNIBALIZATION RATES.— 

Such section, as amended by subsection (b), is further amended by 

inserting after subsection (g), as redesignated by paragraph (3) of 

such subsection (b), the following new subsection: 

‘‘(h) CANNIBALIZATION RATES.—Each report under this section 

shall include a separate unclassified report containing the information collected pursuant to section 117(c)(7) of this title.’’. 

SEC. 332. REPORT ON AVERAGE TRAVEL COSTS OF MEMBERS OF THE 

RESERVE COMPONENTS. 

Not later than 180 days after the date of the enactment of this 

Act, the Comptroller General of the United States shall submit to 

the congressional defense committees a report on the travel expenses 

of members of reserve components associated with performing active 

duty service, active service, full-time National Guard duty, active 

Guard and Reserve duty, and inactive-duty training, as such terms 

are defined in section 101(d) of title 10, United States Code. Such 

report shall include the average annual cost for all travel expenses 

for a member of a reserve component. 

SEC. 333. REPORT ON HH–60G SUSTAINMENT AND COMBAT RESCUE 

HELICOPTER PROGRAM. 

(a) REPORT ON SUSTAINMENT PLAN.—Not later than one year 

after the date of the enactment of this Act, the Secretary of Defense 

shall submit to the congressional defense committees a report that 

sets forth a plan to modernize, sustain training, and conduct depotlevel maintenance and repair for all components of the HH–60 helicopter fleet until total force combat rescue units have been fully 

equipped with HH–60W Combat Rescue Helicopters. 

(b) ELEMENTS.—The report required by subsection (a) shall include a description of the plans of the Air Force— 

(1) to modernize legacy HH–60G combat rescue helicopters; 

(2) to maintain the training pipeline for the HH–60G aircrew and the maintenance force required to maintain full readiness through the end of fiscal year 2029; and 


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(3) to carry out depot-level maintenance and repair (as that 

term is defined in section 2460 of title 10, United States Code) 

to ensure the legacy HH–60G fleet of helicopters is maintained 

to meet readiness rates through the end of fiscal year 2029. 

(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 

Subtitle E—Other Matters 

SEC. 341. AIR NAVIGATION MATTERS. 

(a) EXPANSION OF DEFINITION OF STRUCTURES INTERFERING

WITH AIR COMMERCE AND NATIONAL DEFENSE.— (1) NOTICE.—Section 44718(a) of title 49, United States 

Code, is amended— 

(A) in paragraph (1), by striking ‘‘and’’ at the end; 

(B) in paragraph (2), by striking the period at the end 

and inserting ‘‘; or’’; and 

(C) by adding at the end the following: 

‘‘(3) the interests of national security, as determined by the 

Secretary of Defense.’’. 

(2) STUDIES.—Section 44718(b) of title 49, United States 

Code, is amended to read as follows: 

‘‘(b) STUDIES.— ‘‘(1) IN GENERAL.—Under regulations prescribed by the Secretary, if the Secretary decides that constructing or altering a 

structure may result in an obstruction of the navigable airspace, an interference with air navigation facilities and equipment or the navigable airspace, or, after consultation with the 

Secretary of Defense, an adverse impact on military operations 

and readiness, the Secretary of Transportation shall conduct an 

aeronautical study to decide the extent of any adverse impact on 

the safe and efficient use of the airspace, facilities, or equipment. In conducting the study, the Secretary shall— 

‘‘(A) consider factors relevant to the efficient and effective use of the navigable airspace, including— 

‘‘(i) the impact on arrival, departure, and en route 

procedures for aircraft operating under visual flight 

rules; 

‘‘(ii) the impact on arrival, departure, and en route 

procedures for aircraft operating under instrument 

flight rules; 

‘‘(iii) the impact on existing public-use airports and 

aeronautical facilities; 

‘‘(iv) the impact on planned public-use airports 

and aeronautical facilities; 

‘‘(v) the cumulative impact resulting from the proposed construction or alteration of a structure when 

combined with the impact of other existing or proposed 

structures; and 

‘‘(vi) other factors relevant to the efficient and effective use of navigable airspace; and 

‘‘(B) include the finding made by the Secretary of Defense under subsection (f). 

‘‘(2) REPORT.—On completing the study, the Secretary of 

Transportation shall issue a report disclosing the extent of 

the— 


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‘‘(A) adverse impact on the safe and efficient use of the 

navigable airspace that the Secretary finds will result from 

constructing or altering the structure; and 

‘‘(B) unacceptable risk to the national security of the 

United States, as determined by the Secretary of Defense 

under subsection (f). 

‘‘(3) SEVERABILITY.—A determination by the Secretary of 

Transportation on hazard to air navigation under this section 

shall remain independent of a determination of unacceptable 

risk to the national security of the United States by the Secretary of Defense under subsection (f).’’. 

(3) NATIONAL SECURITY FINDING; DEFINITIONS.—Section 

44718 of title 49, United States Code, is amended by adding at 

the end the following: 

‘‘(f) NATIONAL SECURITY FINDING.—As part of an aeronautical 

study conducted under subsection (b), the Secretary of Defense 

shall— 

‘‘(1) make a finding on whether the construction, alteration, 

establishment, or expansion of a structure or sanitary landfill 

included in the study would result in an unacceptable risk to 

the national security of the United States; and 

‘‘(2) transmit the finding to the Secretary of Transportation 

for inclusion in the report required under subsection (b)(2). 

‘‘(g) DEFINITIONS.—In this section, the following definitions 

apply: 

‘‘(1) ADVERSE IMPACT ON MILITARY OPERATIONS AND READINESS.—The term ‘adverse impact on military operations and 

readiness’ has the meaning given the term in section 211.3 of 

title 32, Code of Federal Regulations, as in effect on January 

6, 2014. 

‘‘(2) UNACCEPTABLE RISK TO THE NATIONAL SECURITY OF

THE UNITED STATES.—The term ‘unacceptable risk to the national security of the United States’ has the meaning given the 

term in section 211.3 of title 32, Code of Federal Regulations, 

as in effect on January 6, 2014.’’. 

(4) CONFORMING AMENDMENTS.— 

(A) SECTION HEADING.—Section 44718 of title 49, 

United States Code, is amended in the section heading by 

inserting ‘‘or national security’’ after ‘‘air commerce’’. 

(B) CLERICAL AMENDMENT.—The table of sections at 

the beginning of chapter 447 of title 49, United States 

Code, is amended by striking the item relating to section 

44718 and inserting the following: 

‘‘44718. Structures interfering with air commerce or national security.’’. 

(b) PERFORMANCE-BASED NAVIGATION.—Section 213(c) of the 

FAA Modernization and Reform Act of 2012 (Public Law 112–95; 49 

U.S.C. 40101 note) is amended by adding at the end the following: 

‘‘(3) NOTIFICATIONS AND CONSULTATIONS.—Not later than 

90 days before applying a categorical exclusion under this subsection to a new procedure at an OEP airport, the Administrator shall— 

‘‘(A) notify and consult with the operator of the airport 

at which the procedure would be implemented; and 


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‘‘(B) consider consultations or other engagement with 

the community in the which the airport is located to inform 

the public of the procedure. 

‘‘(4) REVIEW OF CERTAIN CATEGORICAL EXCLUSIONS.— 

‘‘(A) IN GENERAL.—The Administrator shall review any 

decision of the Administrator made on or after February 

14, 2012, and before the date of the enactment of this paragraph to grant a categorical exclusion under this subsection 

with respect to a procedure to be implemented at an OEP 

airport that was a material change from procedures previously in effect at the airport to determine if the implementation of the procedure had a significant effect on the 

human environment in the community in which the airport 

is located. 

‘‘(B) CONTENT OF REVIEW.—If, in conducting a review 

under subparagraph (A) with respect to a procedure implemented at an OEP airport, the Administrator, in consultation with the operator of the airport, determines that implementing the procedure had a significant effect on the 

human environment in the community in which the airport 

is located, the Administrator shall— 

‘‘(i) consult with the operator of the airport to identify measures to mitigate the effect of the procedure on 

the human environment; and 

‘‘(ii) in conducting such consultations, consider the 

use of alternative flight paths that do not substantially 

degrade the efficiencies achieved by the implementation 

of the procedure being reviewed. 

‘‘(C) HUMAN ENVIRONMENT DEFINED.—In this paragraph, the term ‘human environment’ has the meaning 

given such term in section 1508.14 of title 40, Code of Federal Regulations (as in effect on the day before the date of 

the enactment of this paragraph).’’. 

SEC. 342. CONTRACT WORKING DOGS. 

(a) REQUIRED CONTRACT CLAUSE.— 

(1) IN GENERAL.—Chapter 141 of title 10, United States 

Code, is amended by adding at the end the following new section: 

‘‘§ 2410r. Contract working dogs: requirement to transfer animals to 341st Training Squadron after service life 

‘‘(a) IN GENERAL.—Each contract entered into by the Secretary 

of Defense for the provision of a contract working dog shall require 

that the dog be transferred to the 341st Training Squadron after the 

service life of the dog has terminated as described in subsection (b) 

for reclassification as a military animal and placement for adoption 

in accordance with section 2583 of this title. 

‘‘(b) SERVICE LIFE.—The service life of a contract working dog 

has terminated and the dog is available for transfer to the 341st 

Training Squadron pursuant to a contract under subsection (a) only 

if the contracting officer concerned has determined that— 

‘‘(1) the final contractual obligation of the dog preceding 

such transfer is with the Department of Defense; and 


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‘‘(2) the dog cannot be used by another department or agency of the Federal Government due to age, injury, or performance. 

‘‘(c) CONTRACT WORKING DOG.—In this section, the term ‘contract working dog’ means a dog— 

‘‘(1) that performs a service for the Department of Defense 

pursuant to a contract; and 

‘‘(2) that is trained and kenneled by an entity that provides 

such a dog pursuant to such a contract.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the 

following new item: 

‘‘2410r. Contract working dogs: requirement to transfer animals to 341st Training 

Squadron after service life.’’. 

(b) INCLUSION IN DEFINITION OF MILITARY ANIMAL.—Paragraph (1) of section 2583(h) of title 10, United States Code, is 

amended to read as follows: 

‘‘(1) A military working dog, which may include a contract 

working dog (as such term is defined in section 2410r) that has 

been transferred to the 341st Training Squadron.’’. 

SEC. 343. PLAN, FUNDING DOCUMENTS, AND MANAGEMENT REVIEW 

RELATING TO EXPLOSIVE ORDNANCE DISPOSAL. 

(a) PLAN REQUIRED.— 

(1) IN GENERAL.—The Secretary of Defense shall develop a 

plan to establish an explosive ordnance disposal program in the 

Department of Defense to ensure close and continuous coordination among the military departments on matters relating to explosive ordnance disposal. 

(2) ROLES, RESPONSIBILITIES, AND AUTHORITIES.—The plan 

under paragraph (1) shall include provisions under which— 

(A) the Secretary of Defense shall— 

(i) assign responsibility for the coordination and 

integration of explosive ordnance disposal to a joint office or entity in the Office of the Secretary of Defense; 

and 

(ii) designate the Secretary of the Navy (or a designee of the Secretary of the Navy) as the executive 

agent for the Department of Defense to coordinate and 

integrate research, development, test, and evaluation 

activities and procurement activities of the military departments relating to explosive ordnance disposal; and 

(B) the Secretary of each military department shall assess the needs of the military department concerned with 

respect to explosive ordnance disposal and may carry out 

research, development, test, and evaluation activities and 

procurement activities to address such needs. 

(b) ANNUAL EXPLOSIVE ORDNANCE DISPOSAL FUNDING DOCUMENTS.— 

(1) IN GENERAL.—The Secretary of Defense shall submit to 

Congress, as a part of the defense budget materials for each fiscal year after fiscal year 2017, a consolidated funding display, 

in classified and unclassified form, that identifies the funding 

source for all explosive ordnance disposal activities within the 

Department of Defense. 


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(2) ELEMENTS.—The funding display under paragraph (1) 

for a fiscal year shall include a single program element from 

each military department for each of the following: 

(A) Research, development, test, and evaluation. 

(B) Procurement. 

(C) Operation and maintenance. 

(D) Any other program element used to fund explosive 

ordnance disposal activities (but not including any program element relating to military construction). 

(c) MANAGEMENT REVIEW AND ASSESSMENT.— (1) IN GENERAL.—The Secretary of Defense shall review and 

assess the effectiveness of current management structures in 

supporting the explosive ordnance disposal needs of the combatant commands and the military departments. 

(2) ELEMENTS.—The review and assessment under paragraph (1) shall include the following: 

(A) A review of the organizational structures and responsibilities within the Office of the Secretary of Defense 

that provide policy and oversight of the policies, programs, 

acquisition activities, and personnel of the military departments relating to explosive ordnance disposal. 

(B) A review of the organizational structures and responsibilities within the military departments that— 

(i) man, equip, and train explosive ordnance disposal forces; and 

(ii) support such forces with manpower, technology, equipment, and readiness. 

(C) A review of the organizational structures and responsibilities of the Secretary of the Navy as the executive 

agent for explosive ordnance disposal technology and training. 

(D) Budget displays for each military department that 

support research, development, test, and evaluation; procurement; and operation and maintenance, relating to explosive ordnance disposal. 

(E) An assessment of the adequacy of the organizational structures and responsibilities and the alignment of 

funding within the military departments in supporting the 

needs of the combatant commands and the military departments with respect to explosive ordnance disposal. 

(d) BRIEFING.—Not later than March 1, 2017, the Secretary 

shall provide to the Committees on Armed Services of the Senate 

and the House of Representatives a briefing that includes— 

(1) details of the plan required under subsection (a); 

(2) the results of the review and assessment under subsection (c); 

(3) a description of any measures undertaken to improve 

joint coordination, oversight, and management of programs relating to explosive ordnance disposal; 

(4) recommendations to the Secretary to improve the capabilities and readiness of explosive ordnance disposal forces; and 

(5) an explanation of the advantages and disadvantages of 

assigning responsibility for the coordination and integration of 

explosive ordnance disposal to a single joint office or entity in 

the Office of the Secretary of Defense. 


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(e) DEFINITIONS.—In this section: 

(1) EXPLOSIVE ORDNANCE.—The term ‘‘explosive ordnance’’ 

means any munition containing explosives, nuclear fission or 

fusion materials, or biological or chemical agents, including— 

(A) bombs and warheads; 

(B) guided and ballistic missiles; 

(C) artillery, mortar, rocket, and small arms munitions; 

(D) mines, torpedoes, and depth charges; 

(E) demolition charges; 

(F) pyrotechnics; 

(G) clusters and dispensers; 

(H) cartridge and propellant actuated devices; 

(I) electro-explosive devices; and 

(J) clandestine and improvised explosive devices. 

(2) DISPOSAL.—The term ‘‘disposal’’ means, with respect to 

explosive ordnance, the detection, identification, field evaluation, defeat, disablement, or rendering safe, recovery and exploitation, and final disposition of the ordnance. 

SEC. 344. PROCESS FOR COMMUNICATING AVAILABILITY OF SURPLUS 

AMMUNITION. 

(a) IN GENERAL.—The Secretary of Defense shall implement a 

formal process to provide Federal Government agencies outside the 

Department of Defense with information on the availability of surplus, serviceable ammunition from the Department of Defense for 

the purpose of reducing costs relating to the storage and disposal of 

such ammunition. 

(b) IMPLEMENTATION DEADLINE.—The Secretary shall implement the process described in subsection (a) beginning not later 

than 180 days after the date of the enactment of this Act. 

SEC. 345. MITIGATION OF RISKS POSED BY WINDOW COVERINGS WITH 

ACCESSIBLE CORDS IN CERTAIN MILITARY HOUSING 

UNITS. 

(a) REMOVAL OF CERTAIN WINDOW COVERINGS.—Not later than 

three years after the date of enactment of this Act, the Secretary of 

Defense shall remove and replace disqualified window coverings 

from— 

(1) military housing units owned by the Department of Defense in which children under the age of 9 may reside; and 

(2) military housing units leased by the Department of Defense in which children under the age of 9 may reside if the 

lease for such units requires the Department to provide window 

coverings. 

(b) PROHIBITION ON DISQUALIFIED WINDOW COVERINGS IN MILI- TARY HOUSING UNITS ACQUIRED OR CONSTRUCTED BY CONTRACT.— 

All contracts entered into by the Secretary of Defense after September 30, 2017, for the acquisition or construction of military family housing, including military family housing acquired or constructed pursuant to subchapter IV of chapter 169 of title 10, United 

States Code, shall prohibit the use of disqualified window coverings 

in such housing. 

(c) DISQUALIFIED WINDOW COVERING DEFINED.—In this section, 

the term ‘‘disqualified window covering’’ means— 

(1) a window covering with an accessible cord that exceeds 

8 inches in length; or 


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(2) a window covering with an accessible continuous loop 

cord that does not have a cord tension device that prevents operation when the cord is not anchored to the wall. 

SEC. 346. ACCESS TO MILITARY INSTALLATIONS BY TRANSPORTATION 

COMPANIES. 

(a) IN GENERAL.—Not later than one year after the date of the 

enactment of this Act, the Secretary of Defense shall establish policies under which covered drivers may be authorized to access military installations. 

(b) ELEMENTS.—The policies established under subsection (a)— 

(1) shall include the terms and conditions under which a 

covered driver may be authorized to access a military installation; 

(2) may require a transportation company and a covered 

driver to enter into a written agreement with the Department of 

Defense as a precondition for obtaining authorization to access 

a military installation; 

(3) shall be consistent across military installations, to the 

extent practicable; 

(4) shall be designed to promote the expeditious entry of 

covered drivers onto military installations for purposes of providing commercial transportation services; 

(5) shall place appropriate restrictions on entry into sensitive areas of military installations; 

(6) shall be designed, to the extent practicable, to give covered drivers access to barracks areas, housing areas, temporary 

lodging facilities, hospitals, and community support facilities; 

(7) shall require transportation companies— 

(A) to track, in real-time, the location of the entry and 

exit of covered drivers onto and off of military installations; 

and 

(B) to provide, on demand, the information described 

in subparagraph (A) to appropriate personnel and agencies 

of the Department; and 

(8) shall take into account force protection requirements 

and ensure the protection and safety of members of the Armed 

Forces, civilian employees of the Department of Defense, and the 

families of such members and employees. 

(c) CONFIDENTIALITY OF INFORMATION.—The Secretary shall ensure that any information provided to the Department by a transportation company under subsection (b)(7)— 

(1) is treated as confidential and proprietary information of 

the company that is exempt from public disclosure pursuant to 

section 552 of title 5, United States Code (commonly known as 

the ‘‘Freedom of Information Act’’); and 

(2) except as provided in subsection (b)(7), is not disclosed 

to any person or entity without the express written consent of 

the company unless disclosure of such information is required 

by a court order. 

(d) DEFINITIONS.—In this section: 

(1) TRANSPORTATION COMPANY.—The term ‘‘transportation 

company’’ means a corporation, partnership, sole proprietorship, or other entity outside of the Department of Defense that 

provides a commercial transportation service to a rider, including a company that uses a digital network to connect riders to 


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covered drivers for the purpose of providing such transportation 

service. 

(2) COVERED DRIVER.—The term ‘‘covered driver’’— 

(A) means an individual— 

(i) who is an employee of a transportation company 

or who is affiliated with a transportation company; 

and 

(ii) who provides a commercial transportation service to a rider; and 

(B) includes a vehicle operated by such individual for 

the purpose of providing such service. 

SEC. 347. ACCESS TO WIRELESS HIGH-SPEED INTERNET AND NETWORK CONNECTIONS FOR CERTAIN MEMBERS OF THE 

ARMED FORCES. 

(a) IN GENERAL.—In providing members of the Armed Forces 

with access to high-speed wireless Internet and network connections 

at military installations outside the United States, the Secretary of 

Defense may provide such access without charge to the members 

and their dependents. 

(b) CONTRACT AUTHORITY.—The Secretary may enter into contracts for the purpose of carrying out subsection (a). 

SEC. 348. LIMITATION ON AVAILABILITY OF FUNDS FOR OFFICE OF 

THE UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE. 

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for Operation and Maintenance, Defense-wide, for the Office of the Under Secretary of Defense 

for Intelligence, not more than 90 percent may be obligated or expended until the Secretary of Defense issues guidance on the process 

by which members of the Armed Forces may carry an appropriate 

firearm on a military installation, as required by section 526 of the 

National Defense Authorization Act for Fiscal Year 2016 (Public 

Law 114–92; 129 Stat. 813; 10 U.S.C. 2672 note). 

SEC. 349. LIMITATION ON DEVELOPMENT AND FIELDING OF NEW CAMOUFLAGE AND UTILITY UNIFORMS. 

None of the funds authorized to be appropriated by this Act or 

otherwise made available for the Department of Defense may be obligated or expended to develop or field new camouflage uniforms, 

new utility uniforms, or new families of uniforms until the date that 

is one year after the date on which the Secretary of Defense submits 

to the congressional defense committees notice of the intent of the 

Secretary to develop or field such uniforms. 

SEC. 350. PLAN FOR IMPROVED DEDICATED ADVERSARY AIR TRAINING 

ENTERPRISE OF THE AIR FORCE. 

(a) IN GENERAL.—The Chief of Staff of the Air Force shall develop a plan for an improved dedicated adversary air training enterprise for the Air Force— 

(1) to maximize warfighting effectiveness and synergies of 

the current and planned fourth and fifth generation combat air 

forces through optimized training and readiness; 

(2) to harness intelligence analysis, emerging live-virtualconstructive training technologies, range infrastructure improvements, and results of experimentation and prototyping efforts in operational concept development; 


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(3) to challenge the combat air forces of the Air Force with 

threat representative adversary-to-friendly aircraft ratios, 

known and emerging adversary tactics, and high fidelity replication of threat airborne and ground capabilities; and 

(4) to achieve training and readiness goals and objectives 

of the Air Force with demonstrated institutional commitment to 

the adversary air training enterprise through the application of 

Air Force policy and resources, partnering with the other Armed 

Forces, allies, and friends, and employing the use of industry 

contracted services. 

(b) ELEMENTS.—The plan under subsection (a) shall include, 

with respect to an improved dedicated adversary air training enterprise, the following: 

(1) Goals and objectives. 

(2) Concepts of operations. 

(3) Timelines for the phased implementation of the enterprise. 

(4) Analysis of readiness improvements that may result 

from the enterprise. 

(5) Prioritized resource requirements. 

(6) Such other matters as the Chief of Staff considers appropriate. 

(c) WRITTEN PLAN AND BRIEFING.—Not later than March 3, 

2017, the Chief of Staff shall provide to the Committees on Armed 

Services of the Senate and the House of Representatives— 

(1) a written version of the plan developed under subsection 

(a); and 

(2) a briefing on such plan. 

SEC. 351. INDEPENDENT REVIEW AND ASSESSMENT OF THE READY 

AIRCREW PROGRAM OF THE AIR FORCE. 

(a) INDEPENDENT REVIEW AND ASSESSMENT.—The Secretary of 

the Air Force shall enter into a contract with an independent entity 

with appropriate expertise— 

(1) to conduct a review and assessment of— 

(A) the assumptions underlying the annual continuation training requirements of the Air Force; and 

(B) the overall effectiveness of the Ready Aircrew Program of the Air Force in managing aircrew training requirements; and 

(2) to make recommendations for the improved management of such training requirements. 

(b) REPORT.— 

(1) IN GENERAL.—Not later than 120 days after the date of 

the enactment of this Act, the Secretary of the Air Force shall 

submit to the congressional defense committees a report on the 

review and assessment conducted under subsection (a). 

(2) ELEMENTS.—The report under paragraph (1) shall include an examination of the following: 

(A) For the aircrews of each type of combat aircraft 

and by mission type— 

(i) the number of sorties required to reach minimum and optimal levels of proficiency, respectively; 

(ii) the optimal mix of live and virtual training 

sorties; and 


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(iii) the optimal mix of experienced aircrews versus 

inexperienced aircrews. 

(B) The availability of assets and infrastructure to support the achievement of aircrew proficiency levels and an 

explanation of any requirements relating to such assets and 

infrastructure. 

(C) The accumulated flying hours or other measurements used to determine if an aircrew qualifies for designation as an experienced aircrew, and whether different measurements should be used. 

(D) Any actions taken or planned to be taken to implement recommendations resulting from the independent review and assessment under subsection (a), including an estimate of the resources required to implement such recommendations. 

(E) Any other matters the Secretary determines are appropriate to ensure a comprehensive review and assessment. 

(c) COMPTROLLER GENERAL REVIEW.— (1) IN GENERAL.—The Comptroller General of the United 

States shall submit to the congressional defense committees a 

review of the report described in subsection (b). Such review 

shall include an assessment of— 

(A) the extent to which the report addressed the elements described in paragraph (2) of such subsection; 

(B) the adequacy and completeness of the assumptions 

reviewed to establish the annual training requirements of 

the Air Force; 

(C) any actions the Air Force plans to carry out to incorporate the results of the report into annual training documents; and 

(D) any other matters the Comptroller General determines are relevant. 

(2) BRIEFING.—Not later than 60 days after the date on 

which the Secretary of the Air Force submits the report under 

subsection (b) and prior to submitting the review required 

under paragraph (1), the Comptroller General shall provide a 

briefing to the congressional defense committees on the preliminary results of the review conducted under such paragraph. 

SEC. 352. STUDY ON SPACE-AVAILABLE TRAVEL SYSTEM OF THE DEPARTMENT OF DEFENSE. 

(a) STUDY REQUIRED.—Not later than 90 days after the date of 

the enactment of this Act, the Secretary of Defense shall seek to 

enter into a contract with a federally funded research and development center to conduct an independent study on the space-available 

travel system of the Department of Defense. 

(b) REPORT REQUIRED.—Not later than 180 days after entering 

into a contract with a federally funded research and development 

center under subsection (a), the Secretary shall submit to the congressional defense committees a report summarizing the results of 

the study conducted under such subsection. 

(c) ELEMENTS.—The report under subsection (b) shall include, 

with respect to the space-available travel system, the following: 

(1) A determination of— 

(A) the capacity of the system as of the date of the enactment of this Act; 


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(B) the projected capacity of the system for the 10-year 

period following such date of enactment; and 

(C) the projected number of reserve retirees, active duty 

retirees, and dependents of such retirees that will exist by 

the end of such 10-year period. 

(2) Estimates of system capacity based the projections described in paragraph (1). 

(3) A discussion of the efficiency of the system and data regarding the use of available space with respect to each category 

of passengers eligible for space-available travel under existing 

regulations. 

(4) A description of the effect on system capacity if eligibility for space-available travel is extended to— 

(A) drilling reserve component personnel and dependents of such personnel on international flights; 

(B) dependents of reserve component retirees who are 

less than 60 years of age; 

(C) retirees who are less than 60 years of age on international flights; 

(D) drilling reserve component personnel traveling to 

drilling locations; and 

(E) members or former members of the Armed Forces 

who have a disability rated as total, if space-available travel is provided to such members on the same basis as such 

travel is provided to members of the Armed Forces entitled 

to retired or retainer pay. 

(5) A discussion of logistical and management problems, 

including congestion at terminals, waiting times, lodging availability, and personal hardships experienced by travelers. 

(6) An evaluation of the cost of the system and whether 

space-available travel is and can remain cost-neutral. 

(7) An evaluation of the feasibility of expanding the categories of passengers eligible for space-available travel to include— 

(A) in the case of overseas travel, retired members of an 

active or reserve component, including retired members of 

reserve components, who, but for being under the eligibility 

age applicable to the member under section 12731 of title 

10, United States Code, would be eligible for retired pay 

under chapter 1223 of such title; 

(B) unremarried widows and widowers of active or reserve component members of the Armed Forces; and 

(C) members or former members of the Armed Forces 

who have a disability rated as total, if space-available travel is provided to such members on the same basis as such 

travel is provided to members of the Armed Forces entitled 

to retired or retainer pay. 

(8) Such other factors relating to the efficiency and cost of 

the system as the Secretary determines to be appropriate. 

(d) ADDITIONAL RESPONSIBILITIES.—In addition to carrying out 

subsections (a) through (c), the Secretary of Defense shall— 

(1) analyze the methods used to prioritize among the categories of individuals eligible for space-available travel and 

make recommendations for— 

(A) re-ordering the priority of such categories; and 


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(B) adding additional categories of eligible individuals; 

and 

(2) collect data on travelers who request but do not obtain 

available travel spaces under the space-available travel system. 

(e) DISABILITY RATED AS TOTAL DEFINED.—In this section, the 

term ‘‘disability rated as total’’ has the meaning given the term in 

section 1414(e)(3) of title 10, United States Code. 

SEC. 353. EVALUATION OF MOTOR CARRIER SAFETY PERFORMANCE 

AND SAFETY TECHNOLOGY. 

(a) IN GENERAL.—The Secretary of Defense shall evaluate the 

need for proven safety technology in vehicles transporting shipments 

under the Transportation Protective Services program of the United 

States Transportation Command, including— 

(1) electronic logging devices; 

(2) roll stability control; 

(3) forward collision avoidance systems; 

(4) lane departure warning systems; and 

(5) speed limiters. 

(b) CONSIDERATIONS.—In carrying out subsection (a), the Secretary shall— 

(1) consider the need to avoid catastrophic accidents and 

exposure of security-sensitive materials; and 

(2) take into the account the findings of the Government Accountability Office report numbered GAO–16–82 and titled ‘‘Defense Transportation; DoD Needs to Improve the Evaluation of 

Safety and Performance Information for Carriers Transporting 

Security-Sensitive Materials’’. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

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

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. 

Subtitle A—Active Forces 

SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2017, as follows: 

(1) The Army, 476,000. 

(2) The Navy, 323,900. 

(3) The Marine Corps, 185,000. 

(4) The Air Force, 321,000. 


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SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH 

MINIMUM LEVELS. 

Section 691(b) of title 10, United States Code, is amended by 

striking paragraphs (1) through (4) and inserting the following new 

paragraphs: 

‘‘(1) For the Army, 476,000. 

‘‘(2) For the Navy, 323,900. 

‘‘(3) For the Marine Corps, 185,000. 

‘‘(4) For the Air Force, 321,000.’’. 

Subtitle B—Reserve Forces 

SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

(a) IN GENERAL.—The Armed Forces are authorized strengths 

for Selected Reserve personnel of the reserve components as of September 30, 2017, as follows: 

(1) The Army National Guard of the United States, 

343,000. 

(2) The Army Reserve, 199,000. 

(3) The Navy Reserve, 58,000. 

(4) The Marine Corps Reserve, 38,500. 

(5) The Air National Guard of the United States, 105,700. 

(6) The Air Force Reserve, 69,000. 

(7) The Coast Guard Reserve, 7,000. 

(b) END STRENGTH REDUCTIONS.—The end strengths prescribed 

by subsection (a) for the Selected Reserve of any reserve component 

shall be proportionately reduced by— 

(1) the total authorized strength of units organized to serve 

as units of the Selected Reserve of such component which are 

on active duty (other than for training) at the end of the fiscal 

year; and 

(2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at 

the end of the fiscal year. 

(c) END STRENGTH INCREASES.—Whenever units or individual 

members of the Selected Reserve for any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve 

component shall be increased proportionately by the total authorized 

strengths of such units and by the total number of such individual 

members. 

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES. 

Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2017, the following number of Reserves to be serving on 

full-time active duty or full-time duty, in the case of members of the 

National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components: 

(1) The Army National Guard of the United States, 30,155. 

(2) The Army Reserve, 16,261. 

(3) The Navy Reserve, 9,955. 

(4) The Marine Corps Reserve, 2,261. 

(5) The Air National Guard of the United States, 14,764. 


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(6) The Air Force Reserve, 2,955. 

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS). 

(a) IN GENERAL.—The authorized number of military technicians (dual status) as of September 30, 2017, for the reserve components of the Army and the Air Force (notwithstanding section 129 

of title 10, United States Code) shall be the following: 

(1) For the Army National Guard of the United States, 

25,507. 

(2) For the Army Reserve, 7,570. 

(3) For the Air National Guard of the United States, 

22,103. 

(4) For the Air Force Reserve, 10,061. 

(b) VARIANCE.—Notwithstanding section 115 of title 10, United 

States Code, the end strength prescribed by subsection (a) for a reserve component specified in that subsection may be increased— 

(1) by 3 percent, upon determination by the Secretary of Defense that such action is in the national interest; and 

(2) by 2 percent, upon determination by the Secretary of the 

military department concerned that such action would enhance 

manning and readiness in essential units or in critical specialties or ratings. 

SEC. 414. FISCAL YEAR 2017 LIMITATION ON NUMBER OF NON-DUAL 

STATUS TECHNICIANS. 

(a) LIMITATIONS.— 

(1) NATIONAL GUARD.—Within the limitation provided in 

section 10217(c)(2) of title 10, United States Code, the number 

of non-dual status technicians employed by the National Guard 

as of September 30, 2017, may not exceed the following: 

(A) For the Army National Guard of the United States, 

1,600. 

(B) For the Air National Guard of the United States, 

350. 

(2) ARMY RESERVE.—The number of non-dual status technicians employed by the Army Reserve as of September 30, 2017, 

may not exceed 420. 

(3) AIR FORCE RESERVE.—The number of non-dual status 

technicians employed by the Air Force Reserve as of September 

30, 2017, may not exceed 90. 

(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In this section, 

the term ‘‘non-dual status technician’’ has the meaning given that 

term in section 10217(a) of title 10, United States Code. 

SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED 

TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT. 

During fiscal year 2017, the maximum number of members of 

the reserve components of the Armed Forces who may be serving at 

any time on full-time operational support duty under section 115(b) 

of title 10, United States Code, is the following: 

(1) The Army National Guard of the United States, 17,000. 

(2) The Army Reserve, 13,000. 

(3) The Navy Reserve, 6,200. 

(4) The Marine Corps Reserve, 3,000. 

(5) The Air National Guard of the United States, 16,000. 

(6) The Air Force Reserve, 14,000. 


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SEC. 416. TECHNICAL CORRECTIONS TO ANNUAL AUTHORIZATION FOR 

PERSONNEL STRENGTHS. 

Section 115 of title 10, United States Code, is amended— 

(1) in subsection (b)(1)— 

(A) in subparagraph (B), by striking ‘‘502(f)(2)’’ and inserting ‘‘502(f)(1)(B)’’; and 

(B) in subparagraph (C), by striking ‘‘502(f)(2)’’ and inserting ‘‘502(f)(1)(B)’’; and 

(2) in subsection (i)(7), by striking ‘‘502(f)(1)’’ and inserting 

‘‘502(f)(1)(A)’’. 

Subtitle C—Authorization of Appropriations 

SEC. 421. MILITARY PERSONNEL. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby authorized to be appropriated for fiscal year 2017 for the use of the 

Armed Forces and other activities and agencies of the Department 

of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401. 

(b) CONSTRUCTION OF AUTHORIZATION.—The authorization of 

appropriations in subsection (a) supersedes any other authorization 

of appropriations (definite or indefinite) for such purpose for fiscal 

year 2017. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy 

Sec. 501. Reduction in number of general and flag officers on active duty and authorized strength after December 31, 2022, of such 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. Number of Marine Corps general officers. 

Sec. 504. 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. 505. Continuation of certain officers on active duty without regard to requirement for retirement for years of service. 

Sec. 506. Equal consideration of officers for early retirement or discharge. 

Sec. 507. Modification of authority to drop from rolls a commissioned officer. 

Sec. 508. Extension of force management authorities allowing enhanced flexibility 

for officer personnel management. 

Sec. 509. Pilot programs on direct commissions to cyber positions. 

Sec. 510. Length of joint duty assignments. 

Sec. 510A. Revision of definitions used for joint officer management. 

Subtitle B—Reserve Component Management 

Sec. 511. Authority for temporary waiver of limitation on term of service of Vice 

Chief of the National Guard Bureau. 

Sec. 512. Rights and protections available to military technicians. 

Sec. 513. Inapplicability of certain laws to National Guard technicians performing 

active Guard and Reserve duty. 

Sec. 514. Extension of removal of restrictions on the transfer of officers between the 

active and inactive National Guard. 

Sec. 515. Extension of temporary authority to use Air Force reserve component personnel to provide training and instruction regarding pilot training. 

Sec. 516. 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—General Service Authorities 

Sec. 521. Matters relating to provision of leave for members of the Armed Forces, including prohibition on leave not expressly authorized by law. 


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Sec. 522. Transfer of provision relating to expenses incurred in connection with 

leave canceled due to contingency operations. 

Sec. 523. Expansion of authority to execute certain military instruments. 

Sec. 524. Medical examination before administrative separation for members with 

post-traumatic stress disorder or traumatic brain injury in connection 

with sexual assault. 

Sec. 525. Reduction of tenure on the temporary disability retired list. 

Sec. 526. Technical correction to voluntary separation pay and benefits. 

Sec. 527. Consolidation of Army marketing and pilot program on consolidated Army 

recruiting. 

Subtitle D—Member Whistleblower Protections and Correction of Military Records 

Sec. 531. Improvements to whistleblower protection procedures. 

Sec. 532. Modification of whistleblower protection authorities to restrict contrary 

findings of prohibited personnel action by the Secretary concerned. 

Sec. 533. Availability of certain Correction of Military Records and Discharge Review Board information through the Internet. 

Sec. 534. Improvements to authorities and procedures for the correction of military 

records. 

Sec. 535. 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. 536. Comptroller General of the United States review of integrity of Department 

of Defense whistleblower program. 

Subtitle E—Military Justice and Legal Assistance Matters 

Sec. 541. United States Court of Appeals for the Armed Forces. 

Sec. 542. Effective prosecution and defense in courts-martial and pilot programs on 

professional military justice development for judge advocates. 

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. Extension of the requirement for annual report regarding sexual assaults 

and coordination with release of Family Advocacy Program report. 

Sec. 545. 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. 

Sec. 546. Training for Department of Defense personnel who investigate claims of retaliation. 

Sec. 547. Notification to complainants of resolution of investigations into retaliation. 

Sec. 548. Modification of definition of sexual harassment for purposes of investigations by commanding officers of complaints of harassment. 

Sec. 549. Improved Department of Defense prevention of and response to hazing in 

the Armed Forces. 

Subtitle F—National Commission on Military, National, and Public Service 

Sec. 551. Purpose, scope, and definitions. 

Sec. 552. Preliminary report on purpose and utility of registration system under 

Military Selective Service Act. 

Sec. 553. National Commission on Military, National, and Public Service. 

Sec. 554. Commission hearings and meetings. 

Sec. 555. Principles and procedure for Commission recommendations. 

Sec. 556. Executive Director and staff. 

Sec. 557. Termination of Commission. 

Subtitle G—Member Education, Training, Resilience, and Transition 

Sec. 561. Modification of program to assist members of the Armed Forces in obtaining professional credentials. 

Sec. 562. Inclusion of alcohol, prescription drug, opioid, and other substance abuse 

counseling as part of required preseparation counseling. 

Sec. 563. Inclusion of information in Transition Assistance Program regarding effect 

of receipt of both veteran disability compensation and voluntary separation pay. 

Sec. 564. Training under Transition Assistance Program on career and employment 

opportunities associated with transportation security cards. 

Sec. 565. Extension of suicide prevention and resilience program. 

Sec. 566. Congressional notification in advance of appointments to service academies. 


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Sec. 567. Report and guidance on Job Training, Employment Skills Training, Apprenticeships, and Internships and SkillBridge initiatives for members 

of the Armed Forces who are being separated. 

Sec. 568. Military-to-mariner transition. 

Subtitle H—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. One-year extension of authorities relating to the transition and support of 

military dependent students to local educational agencies. 

Sec. 573. Annual notice to members of the Armed Forces regarding child custody 

protections guaranteed by the Servicemembers Civil Relief Act. 

Sec. 574. Requirement for annual Family Advocacy Program report regarding child 

abuse and domestic violence. 

Sec. 575. Reporting on allegations of child abuse in military families and homes. 

Sec. 576. Repeal of Advisory Council on Dependents’ Education. 

Sec. 577. Support for programs providing camp experience for children of military 

families. 

Sec. 578. Comptroller General of the United States assessment and report on Exceptional Family Member Programs. 

Sec. 579. Impact aid amendments. 

Subtitle I—Decorations and Awards 

Sec. 581. Posthumous advancement of Colonel George E. ‘‘Bud’’ Day, United States 

Air Force, on the retired list. 

Sec. 582. Authorization for award of medals for acts of valor during certain contingency operations. 

Sec. 583. Authorization for award of the Medal of Honor to Gary M. Rose and 

James C. McCloughan for acts of valor during the Vietnam War. 

Sec. 584. Authorization for award of Distinguished-Service Cross to First Lieutenant 

Melvin M. Spruiell for acts of valor during World War II. 

Sec. 585. Authorization for award of the Distinguished Service Cross to Chaplain 

(First Lieutenant) Joseph Verbis LaFleur for acts of valor during World 

War II. 

Sec. 586. Review regarding award of Medal of Honor to certain Asian American and 

Native American Pacific Islander war veterans. 

Subtitle J—Miscellaneous Reports and Other Matters 

Sec. 591. Repeal of requirement for a chaplain at the United States Air Force Academy appointed by the President. 

Sec. 592. Extension of limitation on reduction in number of military and civilian 

personnel assigned to duty with service review agencies. 

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 feasability of electronic tracking of operational active-duty service performed by members of the Ready Reserve of the Armed Forces. 

Sec. 595. 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. 

Sec. 596. Body mass index test. 

Sec. 597. Report on career progression tracks of the Armed Forces for women in 

combat arms units. 

Subtitle A—Officer Personnel Policy 

SEC. 501. REDUCTION IN NUMBER OF GENERAL AND FLAG OFFICERS 

ON ACTIVE DUTY AND AUTHORIZED STRENGTH AFTER DECEMBER 31, 2022, OF SUCH GENERAL AND FLAG OFFICERS. 

(a) REDUCTION IN NUMBER OF GENERAL AND FLAG OFFICERS BY

DECEMBER 31, 2022.— 

(1) REQUIRED REDUCTION.—Except as otherwise provided 

by an Act enacted after the date of the enactment of this Act 

that expressly modifies the requirements of this paragraph, by 

not later than December 31, 2022, the Secretary of Defense shall 


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reduce the number of general and flag officers on active duty 

by 110 from the aggregate authorized number of general and 

flag officers authorized by sections 525 and 526 of title 10, 

United States Code, as of December 31, 2015. 

(2) DISTRIBUTION OF AUTHORIZED POSITIONS.—Effective as 

of December 31, 2022, and reflecting the reduction required by 

paragraph (1), authorized general and flag officer positions 

shall be distributed among the Army, Navy, Air Force, Marine 

Corps, and joint pool as follows: 

(A) The Army is authorized 220 positions in the general officer grades. 

(B) The Navy is authorized 151 positions in the flag officer grades. 

(C) The Air Force is authorized 187 positions in the 

general officer grades. 

(D) The Marine Corps is authorized 62 positions in the 

general officer grades. 

(E) The joint pool is authorized 232 positions in the 

general or flag officer grades, to be distributed as follows: 

(i) 82 positions in the general officer grades from 

the Army. 

(ii) 60 positions in the flag officer grades from the 

Navy. 

(iii) 69 positions in the general officer grades from 

the Air Force. 

(iv) 21 positions in the general officer grades from 

the Marine Corps. 

(3) TEMPORARY ADDITIONAL JOINT POOL ALLOCATION.—In 

addition to the positions authorized by paragraph (2), the 30 

general and flag officer positions designated for overseas contingency operations are authorized as an additional maximum 

temporary allocation to the joint pool. 

(b) PLAN TO ACHIEVE REQUIRED REDUCTION AND DISTRIBU- TION.— 

(1) PLAN REQUIRED.—Utilizing the study conducted under 

subsection (c), the Secretary of Defense shall develop a plan to 

achieve, by the date specified in subsection (a)(1)— 

(A) the reduction required by such subsection in the 

number of general and flag officers; and 

(B) the distribution of authorized positions required by 

subsection (a)(2). 

(2) SUBMISSION OF PLAN.—When the budget for the Department of Defense for fiscal year 2019 is submitted to Congress 

pursuant to section 1105 of title 31, United States Code, the 

Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives a report 

setting forth the plan developed under this subsection. 

(3) PROGRESS REPORTS.—The Secretary of Defense shall include with the budget for the Department of Defense for each of 

fiscal years 2020, 2021, and 2022 a report describing and assessing the progress of the Secretary in implementing the plan 

developed under this subsection. 

(c) STUDY FOR PURPOSES OF PLAN.— 

(1) STUDY REQUIRED.—For purposes of complying with subsection (a) and preparing the plan required by subsection (b), 


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the Secretary of Defense shall conduct a comprehensive and deliberate global manpower study of requirements for general and 

flag officers with the goal of identifying— 

(A) the requirement justification for each general or 

flag officer position in terms of overall force structure, scope 

of responsibility, command and control requirements, and 

force readiness and execution; 

(B) an additional 10 percent reduction in the aggregate 

number of authorized general officer and flag officer positions after the reductions required by subsection (a); and 

(C) an appropriate redistribution of all general officer 

and flag officer positions within the reductions so identified. 

(2) SUBMISSION OF STUDY RESULTS.—Not later than April 

1, 2017, the Secretary of Defense shall submit to the Committees 

on Armed Services of the Senate and the House of Representatives a report setting forth the results of the study conducted 

under this subsection, including the justification for general 

and flag officer position to be retained and the reductions identified by general and flag officer position. 

(3) INTERIM REPORT.—If practicable before the date specified in paragraph (2), the Secretary of Defense shall submit to 

the Committees on Armed Services of the Senate and the House 

of Representatives an interim report describing the progress 

made toward the completion of the study under this subsection, 

including— 

(A) the specific general and flag officer positions that 

have been evaluated; 

(B) the results of that evaluation; and 

(C) recommendations for achieving the additional 10 

percent reduction in the aggregate number of authorized 

general officer and flag officer positions to be identified 

under paragraph (1)(C) and recommendations for redistribution of general and flag officer positions that have 

been developed to that point. 

(d) EXCLUSIONS.— (1) RELATED TO JOINT DUTY ASSIGNMENTS.—For purposes 

of complying with subsection (a), the Secretary of Defense may 

exclude— 

(A) a general or flag officer released from a joint duty 

assignment, but only during the 60-day period beginning 

on the date the officer departs the joint duty assignment, 

except that the Secretary may authorize the Secretary of a 

military department to extend the 60-day period by an additional 120 days, but not more than three officers on active 

duty from each Armed Force may be covered by the additional extension at the same time; and 

(B) the number of officers required to serve in joint 

duty assignments for each Armed Force as authorized by 

the Secretary under section 526a(b) of title 10, United 

States Code, as added by subsection (h) of this section. 

(2) RELATED TO RELIEF FROM CHIEF OF STAFF DUTY.—For 

purposes of complying with subsection (a), the Secretary of Defense may exclude an officer who continues to hold the grade of 

general or admiral under section 601(b)(5) of title 10, United 


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States Code, after relief from the position of Chairman of the 

Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval 

Operations, Chief of Staff of the Air Force, or Commandant of 

the Marine Corps. 

(3) RELATED TO RETIREMENT, SEPARATION, RELEASE, OR RELIEF.—For purposes of complying with subsection (a), the Secretary of Defense may exclude the following officers: 

(A) An officer of an Armed Force in the grade of brigadier general or above or, in the case of the Navy, in the 

grade of rear admiral (lower half) or above, who is on leave 

pending the retirement, separation, or release of that officer 

from active duty, but only during the 60-day period beginning on the date of the commencement of such leave of such 

officer. 

(B) An officer of an Armed Force who has been relieved 

from a position designated under section 601(a) of title 10, 

United States Code, or by law to carry one of the grades 

specified in such section, but only during the 60-day period 

beginning on the date on which the assignment of the officer to the first position is terminated or until the officer is 

assigned to a second such position, whichever occurs first. 

(e) SECRETARIAL AUTHORITY TO GRANT EXCEPTIONS TO LIMITATIONS.— 

(1) IN GENERAL.—Subject to paragraph (2), the Secretary of 

Defense may alter the reduction otherwise required by subsection (a)(1) in the number of general and flag officer or the 

distribution of authorized positions otherwise required by subsection (a)(2) in the interest of the national security of the 

United States. 

(2) NOTICE TO CONGRESS OF EXCEPTIONS.—Not later than 

30 days after authorizing a number of general or flag officers 

in excess of the number required as a result of the reduction required by subsection (a)(1) or altering the distribution of authorized positions under subsection (a)(2), the Secretary of Defense shall submit to the Committees on Armed Services of the 

Senate and the House of Representatives written notice of such 

exception, including a statement of the reason for such exception 

and the anticipated duration of the exception. 

(f) ORDERLY TRANSITION FOR OFFICERS RECENTLY ASSIGNED TO

POSITIONS TO BE ELIMINATED.— 

(1) COVERED OFFICERS.—In order to provide an orderly 

transition for personnel in general or flag officer positions to be 

eliminated pursuant to the plan prepared under subsection (b), 

any general or flag officer who has not completed, as of December 31, 2022, at least 24 months in a position to be eliminated 

pursuant to the plan may remain in the position until the last 

day of the month that is 24 months after the month in which 

the officer assumed the duties of the position. 

(2) REPORT TO CONGRESS ON COVERED OFFICERS.—The Secretary of Defense shall include in the annual report required by 

section 526(j) of title 10, United States Code, in 2020 a description of the positions in which an officer will remain pursuant 

to paragraph (1), including the latest date on which the officer 

may remain in such position pursuant to that paragraph. 


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(3) NOTICE TO CONGRESS ON DETACHMENT OF COVERED OF- FICERS.—The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a notice on the date on which each officer covered 

by paragraph (1) is detached from the officer’s position pursuant to such paragraph. 

(g) RELATION TO SUBSEQUENT GENERAL OR FLAG NOMINA- TIONS.— (1) NOTICE TO SENATE WITH NOMINATION.—In order to help 

achieve the requirements of the plan required by subsection (b), 

effective 30 days after the commencement of the implementation 

of the plan, the Secretary of Defense shall include with each 

nomination of an officer to a grade above colonel or captain (in 

the case of the Navy) that is forwarded by the President to the 

Senate for appointment, by and with the advice and consent of 

the Senate, a certification to the Committee on Armed Services 

of the Senate that the appointment of the officer to the grade 

concerned will not interfere with achieving the reduction required by subsection (a)(1) in the number of general and flag 

officer positions or the distribution of authorized positions required by subsection (a)(2). 

(2) IMPLEMENTATION.—Not later than 120 days after the 

date of the submission of the plan required by subsection (b), 

the Secretary of Defense shall revise applicable guidance of the 

Department of Defense on general and flag officer authorizations in order to ensure that— 

(A) the achievement of the reductions required pursuant to subsection (a) is incorporated into the planning for 

the execution of promotions by the military departments 

and for the joint pool; 

(B) to the extent practicable, the resulting grades for 

general and flag officer positions are uniformly applied to 

positions of similar duties and responsibilities across the 

military departments and the joint pool; and 

(C) planning achieves a reduction in the headquarters 

functions and administrative and support activities and 

staffs of the Department of Defense and the military departments commensurate with the achievement of the reductions required pursuant to subsection (a). 

(h) AUTHORIZED STRENGTH AFTER DECEMBER 31, 2022, OF

GENERAL AND FLAG OFFICERS ON ACTIVE DUTY.— 

(1) IN GENERAL.—Chapter 32 of title 10, United States 

Code, is amended by inserting after section 526 the following 

new section: 

‘‘§ 526a. Authorized strength after December 31, 2022: general 

officers and flag officers on active duty 

‘‘(a) LIMITATIONS.—The number of general officers on active 

duty in the Army, Air Force, and Marine Corps, and the number of 

flag officers on active duty in the Navy, after December 31, 2022, 

may not exceed the number specified for the armed force concerned 

as follows: 

‘‘(1) For the Army, 220. 

‘‘(2) For the Navy, 151. 

‘‘(3) For the Air Force, 187. 


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‘‘(4) For the Marine Corps, 62. 

‘‘(b) LIMITED EXCLUSION FOR JOINT DUTY REQUIREMENTS.— ‘‘(1) IN GENERAL.—The Secretary of Defense may designate 

up to 232 general officer and flag officer positions that are joint 

duty assignments for purposes of chapter 38 of this title for exclusion from the limitations in subsection (a). 

‘‘(2) MINIMUM NUMBER.—Unless the Secretary of Defense 

determines that a lower number is in the best interest of the Department of Defense, the minimum number of officers serving in 

positions designated under paragraph (1) for each armed force 

shall be as follows: 

‘‘(A) For the Army, 75. 

‘‘(B) For the Navy, 53. 

‘‘(C) For the Air Force, 68. 

‘‘(D) For the Marine Corps, 17. 

‘‘(c) EXCLUSION OF CERTAIN OFFICERS PENDING SEPARATION OR

RETIREMENT OR BETWEEN SENIOR POSITIONS.—The limitations of 

this section do not apply to— 

‘‘(1) an officer of an armed force in the grade of brigadier 

general or above or, in the case of the Navy, in the grade of rear 

admiral (lower half) or above, who is on leave pending the retirement, separation, or release of that officer from active duty, 

but only during the 60-day period beginning on the date of the 

commencement of such leave of such officer; or 

‘‘(2) an officer of an armed force who has been relieved from 

a position designated under section 601(a) of this title or by law 

to carry one of the grades specified in such section, but only 

during the 60-day period beginning on the date on which the 

assignment of the officer to the first position is terminated or 

until the officer is assigned to a second such position, whichever 

occurs first. 

‘‘(d) TEMPORARY EXCLUSION FOR ASSIGNMENT TO CERTAIN TEMPORARY BILLETS.— ‘‘(1) IN GENERAL.—The limitations in subsection (a) do not 

apply to a general officer or flag officer assigned to a temporary 

joint duty assignment designated by the Secretary of Defense. 

‘‘(2) DURATION OF EXCLUSION.—A general officer or flag officer assigned to a temporary joint duty assignment as described in paragraph (1) may not be excluded under this subsection from the limitations in subsection (a) for a period of 

longer than one year. 

‘‘(e) EXCLUSION OF OFFICERS DEPARTING FROM JOINT DUTY ASSIGNMENTS.—The limitations in subsection (a) do not apply to an 

officer released from a joint duty assignment, but only during the 

60-day period beginning on the date the officer departs the joint 

duty assignment. The Secretary of Defense may authorize the Secretary of a military department to extend the 60-day period by an 

additional 120 days, except that not more than three officers on active duty from each armed force may be covered by the additional 

extension at the same time. 

‘‘(f) ACTIVE-DUTY BASELINE.— ‘‘(1) NOTICE AND WAIT REQUIREMENTS.—If the Secretary of 

a military department proposes an action that would increase 

above the baseline the number of general officers or flag officers 

of an armed force under the jurisdiction of that Secretary who 


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would be on active duty and would count against the statutory 

limit applicable to that armed force under subsection (a), the 

action shall not take effect until after the end of the 60-calendar 

day period beginning on the date on which the Secretary provides notice of the proposed action, including the rationale for 

the action, to the Committees on Armed Services of the Senate 

and the House of Representatives. 

‘‘(2) BASELINE DEFINED.—In paragraph (1), the term ‘baseline’ for an armed force means the lower of— 

‘‘(A) the statutory limit of general officers or flag officers of that armed force under subsection (a); or 

‘‘(B) the actual number of general officers or flag officers of that armed force who, as of January 1, 2023, counted toward the statutory limit of general officers or flag officers of that armed force under subsection (a). 

‘‘(g) JOINT DUTY ASSIGNMENT BASELINE.— 

‘‘(1) NOTICE AND WAIT REQUIREMENT.—If the Secretary of 

Defense, the Secretary of a military department, or the Chairman of the Joint Chiefs of Staff proposes an action that would 

increase above the baseline the number of general officers and 

flag officers of the armed forces in joint duty assignments who 

count against the statutory limit under subsection (b)(1), the action shall not take effect until after the end of the 60-calendar 

day period beginning on the date on which such Secretary or 

the Chairman, as the case may be, provides notice of the proposed action, including the rationale for the action, to the Committees on Armed Services of the Senate and the House of Representatives. 

‘‘(2) BASELINE DEFINED.—In paragraph (1), the term ‘baseline’ means the lower of— 

‘‘(A) the statutory limit on general officer and flag officer positions that are joint duty assignments under subsection (b)(1); or 

‘‘(B) the actual number of general officers and flag officers who, as of January 1, 2023, were in joint duty assignments counted toward the statutory limit under subsection 

(b)(1). 

‘‘(h) ANNUAL REPORT.—Not later than March 1 each year, the 

Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report specifying the following: 

‘‘(1) The numbers of general officers and flag officers who, 

as of January 1 of the calendar year in which the report is submitted, counted toward the service-specific limits of subsection 

(a). 

‘‘(2) The number of general officers and flag officers in joint 

duty assignments who, as of such January 1, counted toward 

the statutory limit under subsection (b)(1).’’. 

(2) CONFORMING AMENDMENT.—Section 526 of title 10, 

United States Code, is amended by adding at the end the following new subsection: 

‘‘(k) CESSATION OF APPLICABILITY.—The provisions of this section shall not apply to number of general officers and flag officers 

in the armed forces after December 31, 2022. For provisions applicaVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 00146 Fmt 6659 Sfmt 6603 E:\HR\OC\HR840.XXX HR840

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ble to the number of such officers after that date, see section 526a 

of this title.’’. 

(3) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 32 of title 10, United States Code, is amended by inserting after the item relating to section 526 the following new item: 

‘‘526a. Authorized strength after December 31, 2022: general officers and flag officers 

on active duty.’’. 

SEC. 502. REPEAL OF STATUTORY SPECIFICATION OF GENERAL OR 

FLAG OFFICER GRADE FOR VARIOUS POSITIONS IN THE 

ARMED FORCES. 

(a) ASSISTANTS TO CJCS FOR NG MATTERS AND RESERVE MATTERS.— 

(1) IN GENERAL.—Section 155a of title 10, United States 

Code, is repealed. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 5 of such title is amended by striking the 

item relating to section 155a. 

(b) LEGAL COUNSEL TO CJCS.—Section 156 of title 10, United 

States Code, is amended— 

(1) by striking subsection (c); and 

(2) by redesignating subsection (d) as subsection (c). 

(c) DIRECTOR OF TEST RESOURCE MANAGEMENT CENTER.—Section 196(b)(1) of title 10, United States Code, is amended by striking 

the second and third sentences. 

(d) DIRECTOR OF MISSILE DEFENSE AGENCY.— 

(1) IN GENERAL.—Section 203 of title 10, United States 

Code, is repealed. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 8 of such title is amended by striking the 

item relating to section 203. 

(e) JOINT 4-STAR POSITIONS.—Section 604(b) of title 10, United 

States Code, is amended by striking paragraph (3). 

(f) SENIOR MEMBERS OF MILITARY STAFF COMMITTEE OF UN.— 

Section 711 of title 10, United States Code, is amended by striking 

the second sentence. 

(g) CHIEF OF STAFF TO PRESIDENT.— 

(1) IN GENERAL.—Section 720 of title 10, United States 

Code, is repealed. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 41 of such title is amended by striking the 

item relating to section 720. 

(h) ATTENDING PHYSICIAN TO CONGRESS.— 

(1) IN GENERAL.—Section 722 of title 10, United States 

Code, is repealed. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 41 of such title is amended by striking the 

item relating to section 722. 

(i) PHYSICIAN TO WHITE HOUSE.— 

(1) IN GENERAL.—Section 744 of title 10, United States 

Code, is repealed. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 43 of such title is amended by striking the 

item relating to section 744. 


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(j) CHIEF OF LEGISLATIVE LIAISON OF THE ARMY.—Section 

3023(a) of title 10, United States Code, is amended by striking the 

second sentence. 

(k) CHIEFS OF BRANCHES OF THE ARMY.—Section 3036(b) of 

title 10, United States Code, is amended in the flush matter following paragraph (2)— 

(1) by striking the first sentence; and 

(2) in the second sentence, by striking ‘‘, and while so serving, has the grade of lieutenant general’’. 

(l) JUDGE ADVOCATE GENERAL OF THE ARMY.—Section 3037(a) 

of title 10, United States Code, is amended by striking the last two 

sentences. 

(m) CHIEF OF ARMY RESERVE.—Section 3038(c) of title 10, 

United States Code, is amended— 

(1) in the subsection heading, by striking ‘‘; GRADE’’; 

(2) by striking ‘‘(1)’’; and 

(3) by striking paragraph (2). 

(n) DEPUTY AND ASSISTANT CHIEFS OF BRANCHES OF THE

ARMY.— 

(1) IN GENERAL.—Section 3039 of title 10, United States 

Code, is repealed. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 305 of such title is amended by striking the 

item relating to section 3039. 

(o) CHIEF OF ARMY NURSE CORPS.—Section 3069(b) of title 10, 

United States Code, is amended by striking the second sentence. 

(p) ASSISTANT CHIEFS OF ARMY MEDICAL SPECIALIST CORPS.— (1) IN GENERAL.—Section 3070 of title 10, United States 

Code, is amended— 

(A) in subsection (a), by striking ‘‘and assistant chiefs’’; 

(B) by striking subsection (c); and 

(C) by redesignating subsection (d) as subsection (c). 

(2) CONFORMING AMENDMENT.—The heading of such section is amended to read as follows: 

‘‘§ 3070. Army Medical Specialist Corps: organization; Chief’’. 

(3) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 307 of such title is amended by striking the 

item relating to section 3070 and inserting the following new 

item: 

‘‘3070. Army Medical Specialist Corps: organization; Chief.’’. 

(q) JUDGE ADVOCATE GENERAL’S CORPS OF THE ARMY.—Section 

3072 of title 10, United States Code, is amended— 

(1) by striking paragraph (3); and 

(2) by redesignating paragraphs (4) and (5) as paragraphs 

(3) and (4), respectively. 

(r) CHIEF OF VETERINARY CORPS OF THE ARMY.— 

(1) IN GENERAL.—Section 3084 of title 10, United States 

Code, is amended by striking the second sentence. 

(2) CONFORMING AMENDMENT.—The heading of such section is amended to read as follows: 

‘‘§ 3084. Chief of Veterinary Corps’’. 

(3) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 307 of such title is amended by striking the 


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item relating to section 3084 and inserting the following new 

item: 

‘‘3084. Chief of Veterinary Corps.’’. 

(s) ARMY AIDES.— (1) IN GENERAL.—Section 3543 of title 10, United States 

Code, is repealed. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 343 of such title is amended by striking the 

item relating to section 3543. 

(t) PRINCIPAL MILITARY DEPUTY TO ASSISTANT SECRETARY OF

THE NAVY FOR RD&A.—Section 5016(b)(4)(B) of title 10, United 

States Code, is amended by striking ‘‘a vice admiral of the Navy or 

a lieutenant general of the Marine Corps’’ and inserting ‘‘an officer 

of the Navy or the Marine Corps’’. 

(u) CHIEF OF NAVAL RESEARCH.—Section 5022 of title 10, 

United States Code, is amended— 

(1) by striking ‘‘(1)’’; and 

(2) by striking paragraph (2). 

(v) CHIEF OF LEGISLATIVE AFFAIRS OF THE NAVY.—Section 

5027(a) of title 10, United States Code, is amended by striking the 

second sentence. 

(w) DIRECTOR FOR EXPEDITIONARY WARFARE.—Section 5038 of 

title 10, United States Code, is amended— 

(1) by striking subsection (b); and 

(2) by redesignating subsections (c) and (d) as subsections 

(b) and (c), respectively. 

(x) SJA TO COMMANDANT OF THE MARINE CORPS.—Section 

5046(a) of title 10, United States Code, is amended by striking the 

last sentence. 

(y) LEGISLATIVE ASSISTANT TO COMMANDANT OF THE MARINE

CORPS.—Section 5047 of title 10, United States Code, is amended 

by striking the second sentence. 

(z) BUREAU CHIEFS OF THE NAVY.— (1) IN GENERAL.—Section 5133 of title 10, United States 

Code, is repealed. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 513 of such title is amended by striking the 

item relating to section 5133. 

(aa) CHIEF OF DENTAL CORPS OF THE NAVY.—Section 5138 of 

title 10, United States Code, is amended— 

(1) in subsection (a), by striking ‘‘not below the grade of 

rear admiral (lower half)’’; and 

(2) in subsection (c), by striking the first sentence. 

(bb) BUREAU OF NAVAL PERSONNEL.— 

(1) IN GENERAL.—Section 5141 of title 10, United States 

Code, is amended— 

(A) in subsection (a), by striking the first sentence; and 

(B) in subsection (b), by striking the first sentence. 

(2) CONFORMING AMENDMENT.—The heading of such section is amended to read as follows: 

‘‘§ 5141. Chief of Naval Personnel; Deputy Chief of Naval Personnel’’. 

(3) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 513 of such title is amended by striking the 


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item relating to section 5141 and inserting the following new 

item: 

‘‘5141. Chief of Naval Personnel; Deputy Chief of Naval Personnel.’’. 

(cc) CHIEF OF CHAPLAINS OF THE NAVY.—Section 5142 of title 

10, United States Code, is amended by striking subsection (e). 

(dd) CHIEF OF NAVY RESERVE.—Section 5143(c) of title 10, 

United States Code, is amended— 

(1) in the subsection heading, by striking ‘‘; GRADE’’; 

(2) by striking ‘‘(1)’’; and 

(3) by striking paragraph (2). 

(ee) COMMANDER, MARINE FORCES RESERVE.—Section 5144(c) 

of title 10, United States Code, is amended— 

(1) in the subsection heading, by striking ‘‘; GRADE’’; 

(2) by striking ‘‘(1)’’; and 

(3) by striking paragraph (2). 

(ff) JUDGE ADVOCATE GENERAL OF THE NAVY.—Section 5148(b) 

of title 10, United States Code, is amended by striking the last sentence. 

(gg) DEPUTY AND ASSISTANT JUDGE ADVOCATES GENERAL OF

THE NAVY.—Section 5149 of title 10, United States Code, is amended— 

(1) in subsection (a)(1)— 

(A) in the first sentence, by striking ‘‘, by and with the 

advice and consent of the Senate,’’; and 

(B) by striking the second sentence; and 

(2) in each of subsections (b) and (c), by striking the second 

and last sentences. 

(hh) CHIEFS OF STAFF CORPS OF THE NAVY.—Section 5150 of 

title 10, United States Code, is amended— 

(1) in subsection (b)(2), by striking ‘‘Subject to subsection 

(c), the Secretary’’ and inserting ‘‘The Secretary’’; and 

(2) by striking subsection (c). 

(ii) PRINCIPAL MILITARY DEPUTY TO ASSISTANT SECRETARY OF

THE AIR FORCE FOR ACQUISITION.—Section 8016(b)(4)(B) of title 10, 

United States Code, is amended by striking ‘‘a lieutenant general’’ 

and inserting ‘‘an officer’’. 

(jj) CHIEF OF LEGISLATIVE LIAISON OF THE AIR FORCE.—Section 

8023(a) of title 10, United States Code, is amended by striking the 

second sentence. 

(kk) JUDGE ADVOCATE GENERAL AND DEPUTY JUDGE ADVOCATE

GENERAL OF THE AIR FORCE.—Section 8037 of title 10, United 

States Code, is amended— 

(1) in subsection (a), by striking the last sentence; and 

(2) in subsection (d)(1), by striking the last sentence. 

(ll) CHIEF OF THE AIR FORCE RESERVE.—Section 8038(c) of title 

10, United States Code, is amended— 

(1) in the subsection heading, by striking ‘‘; GRADE’’; 

(2) by striking ‘‘(1)’’; and 

(3) by striking paragraph (2). 

(mm) CHIEF OF CHAPLAINS OF THE AIR FORCE.—Section 8039 

of title 10, United States Code, is amended— 

(1) in subsection (a)(1)— 

(A) by striking subparagraph (A); and 

(B) by redesignating subparagraphs (B) and (C) as 

subparagraphs (A) and (B), respectively; and 


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(2) by striking subsection (c). 

(nn) CHIEF OF AIR FORCE NURSES.— (1) IN GENERAL.—Section 8069 of title 10, United States 

Code, is amended— 

(A) in subsection (a)— 

(i) in the subsection heading, by striking ‘‘POSI- TIONS OF CHIEF AND ASSISTANT CHIEF’’ and inserting 

‘‘POSITION OF CHIEF’’; and 

(ii) by striking ‘‘and assistant chief’’; 

(B) in subsection (b), by striking the second sentence; 

and 

(C) by striking subsection (c). 

(2) CONFORMING AMENDMENT.—The heading of such section is amended to read as follows: 

‘‘§ 8069. Air Force nurses: Chief; appointment’’. 

(3) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 807 of such title is amended by striking the 

item relating to section 8069 and inserting the following new 

item: 

‘‘8069. Air Force nurses: Chief; appointment.’’. 

(oo) ASSISTANT SURGEON GENERAL FOR DENTAL SERVICES OF

THE AIR FORCE.—Section 8081 of title 10, United States Code, is 

amended by striking the second sentence. 

(pp) AIR FORCE AIDES.— (1) IN GENERAL.—Section 8543 of title 10, United States 

Code, is repealed. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 843 of such title is amended by striking the 

item relating to section 8543. 

(qq) DEAN OF FACULTY OF THE AIR FORCE ACADEMY.—Section 

9335(b) of title 10, United States Code, is amended by striking the 

first and third sentences. 

(rr) VICE CHIEF OF THE NATIONAL GUARD BUREAU.—Section 

10505(a) of title 10, United States Code, is amended— 

(1) in subsection (a)(1)— 

(A) in subparagraph (C), by adding ‘‘and’’ at the end; 

(B) in subparagraph (D), by striking ‘‘; and’’ at the end 

and inserting a period; and 

(C) by striking subparagraph (E); and 

(2) by striking subsection (c). 

(ss) OTHER SENIOR NATIONAL GUARD BUREAU OFFICERS.—Section 10506(a)(1) of title 10, United States Code, is amended in each 

of subparagraphs (A) and (B)— 

(1) by striking ‘‘general’’; and 

(2) by striking ‘‘, and shall hold the grade of lieutenant general while so serving,’’. 

SEC. 503. NUMBER OF MARINE CORPS GENERAL OFFICERS. 

(a) DISTRIBUTION OF COMMISSIONED OFFICERS ON ACTIVE DUTY

IN GENERAL OFFICER AND FLAG OFFICER GRADES.—Section 

525(a)(4) of title 10, United States Code, is amended— 

(1) in subparagraph (B), by striking ‘‘15’’ and inserting 

‘‘17’’; and 

(2) in subparagraph (C), by striking ‘‘23’’ and inserting 

‘‘22’’. 


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(b) GENERAL AND FLAG OFFICERS ON ACTIVE DUTY.—Section 

526(a)(4) of such title is amended by striking ‘‘61’’ and inserting 

‘‘62’’. 

(c) DEPUTY COMMANDANTS.—Section 5045 of such title is 

amended by striking ‘‘six’’ and inserting ‘‘seven’’. 

SEC. 504. 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. 

Section 629(c) of title 10, United States Code, is amended— 

(1) by redesignating paragraph (3) as paragraph (4); and 

(2) by inserting after paragraph (2) the following new paragraph (3): 

‘‘(3) Paragraph (1) does not apply when the Senate is not able 

to obtain information necessary to give its advice and consent to the 

appointment concerned because that information is under the control of a department or agency of the Federal Government other 

than the Department of Defense.’’. 

SEC. 505. CONTINUATION OF CERTAIN OFFICERS ON ACTIVE DUTY 

WITHOUT REGARD TO REQUIREMENT FOR RETIREMENT 

FOR YEARS OF SERVICE. 

(a) AUTHORITY FOR CONTINUATION ON ACTIVE DUTY.— 

(1) IN GENERAL.—Subchapter IV of chapter 36 of title 10, 

United States Code, is amended by inserting after section 637 

the following new section: 

‘‘§ 637a. Continuation on active duty: officers in certain military specialties and career tracks 

‘‘(a) IN GENERAL.—The Secretary of the military department 

concerned may authorize an officer in a grade above grade O–4 to 

remain on active duty after the date otherwise provided for the retirement of the officer in section 633, 634, 635, or 636 of this title, 

as applicable, if the officer has a military occupational specialty, 

rating, or specialty code in a military specialty designated pursuant 

to subsection (b). 

‘‘(b) MILITARY SPECIALTIES.—Each Secretary of a military department shall designate the military specialties in which a military 

occupational specialty, rating, or specialty code, as applicable, assigned to members of the armed forces under the jurisdiction of such 

Secretary authorizes the members to be eligible for continuation on 

active duty as provided in subsection (a). 

‘‘(c) DURATION OF CONTINUATION.—An officer continued on active duty pursuant to this section shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 40 years of active service. 

‘‘(d) REGULATIONS.—The Secretaries of the military departments shall carry out this section in accordance with regulations 

prescribed by the Secretary of Defense. The regulations shall specify 

the criteria to be used by the Secretaries of the military departments 

in designating military specialities for purposes of subsection (b).’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter IV of chapter 36 of title 10, United States 

Code, is amended by inserting after the item relating to section 

637 the following new item: 


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‘‘637a. Continuation on active duty: officers in certain military specialties and career 

tracks.’’. 

(b) CONFORMING AMENDMENTS.—The following provisions of 

title 10, United States Code, are amended by inserting ‘‘or 637a’’ 

after ‘‘637(b)’’: 

(1) Section 633(a). 

(2) Section 634(a). 

(3) Section 635. 

(4) Section 636(a). 

SEC. 506. EQUAL CONSIDERATION OF OFFICERS FOR EARLY RETIREMENT OR DISCHARGE. 

Section 638a of title 10, United States Code, is amended— 

(1) in subsection (b), by adding at the end the following 

new paragraph: 

‘‘(4) Convening selection boards under section 611(b) of this 

title to consider for early retirement or discharge regular officers on the active-duty list in a grade below lieutenant colonel 

or commander— 

‘‘(A) who have served at least one year of active duty 

in the grade currently held; and 

‘‘(B) whose names are not on a list of officers recommended for promotion.’’; 

(2) by redesignating subsection (e) as subsection (f); and 

(3) by inserting after subsection (d) the following new subsection (e): 

‘‘(e)(1) In the case of action under subsection (b)(4), the Secretary of the military department concerned shall specify the total 

number of officers described in that subsection that a selection 

board convened under section 611(b) of this title pursuant to the authority of that subsection may recommend for early retirement or 

discharge. Officers who are eligible, or are within two years of becoming eligible, to be retired under any provision of law (other than 

by reason of eligibility pursuant to section 4403 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484)), 

if selected by the board, shall be retired or retained until becoming 

eligible to retire under section 3911, 6323, or 8911 of this title, and 

those officers who are otherwise ineligible to retire under any provision of law shall, if selected by the board, be discharged. 

‘‘(2) In the case of action under subsection (b)(4), the Secretary 

of the military department concerned may submit to a selection 

board convened pursuant to that subsection— 

‘‘(A) the names of all eligible officers described in that subsection, whether or not they are eligible to be retired under any 

provision of law, in a particular grade and competitive category; or 

‘‘(B) the names of all eligible officers described in that subsection in a particular grade and competitive category, whether 

or not they are eligible to be retired under any provision of law, 

who are also in particular year groups, specialties, or retirement categories, or any combination thereof, with that competitive category. 

‘‘(3) The number of officers specified under paragraph (1) may 

not be more than 30 percent of the number of officers considered. 

‘‘(4) An officer who is recommended for discharge by a selection 

board convened pursuant to the authority of subsection (b)(4) and 


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whose discharge is approved by the Secretary concerned shall be 

discharged on a date specified by the Secretary concerned. 

‘‘(5) Selection of officers for discharge under this subsection 

shall be based on the needs of the service.’’. 

SEC. 507. MODIFICATION OF AUTHORITY TO DROP FROM ROLLS A 

COMMISSIONED OFFICER. 

Section 1161(b) of title 10, United States Code, is amended by 

inserting ‘‘or the Secretary of Defense, or in the case of a commissioned officer of the Coast Guard, the Secretary of the department 

in which the Coast Guard is operating when it is not operating in 

the Navy,’’ after ‘‘President’’. 

SEC. 508. EXTENSION OF FORCE MANAGEMENT AUTHORITIES ALLOWING ENHANCED FLEXIBILITY FOR OFFICER PERSONNEL 

MANAGEMENT. 

(a) TEMPORARY EARLY RETIREMENT AUTHORITY.—Section 

4403(i) of the National Defense Authorization Act for Fiscal Year 

1993 (10 U.S.C. 1293 note) is amended by striking ‘‘December 31, 

2018’’ and inserting ‘‘December 31, 2025’’. 

(b) CONTINUATION ON ACTIVE DUTY.—Section 638a(a)(2) of title 

10, United States Code, is amended by striking ‘‘December 31, 2018’’ 

and inserting ‘‘December 31, 2025’’. 

(c) VOLUNTARY SEPARATION PAY.—Section 1175a(k)(1) of such 

title is amended by striking ‘‘December 31, 2018’’ and inserting ‘‘December 31, 2025’’. 

(d) SERVICE-IN-GRADE WAIVERS.—Section 1370(a)(2)(F) of such 

title is amended by striking ‘‘2018’’ and inserting ‘‘2025’’. 

SEC. 509. PILOT PROGRAMS ON DIRECT COMMISSIONS TO CYBER POSITIONS. 

(a) PILOT PROGRAMS AUTHORIZED.—Each Secretary of a military department may carry out a pilot program to improve the ability of an Armed Force under the jurisdiction of the Secretary to recruit cyber professionals. 

(b) ELEMENTS.—Under a pilot program established under this 

section, an individual who meets educational, physical, and other 

requirements determined appropriate by the Secretary of the military department concerned may receive an original appointment as 

a commissioned officer in a cyber specialty. 

(c) CONSULTATION.—In developing a pilot program for the Army 

or the Air Force under this section, the Secretary of the Army and 

the Secretary of the Air Force may consult with the Secretary of the 

Navy with respect to an existing, similar program carried out by the 

Secretary of the Navy. 

(d) DURATION.— 

(1) COMMENCEMENT.—The Secretary of a military department may commence a pilot program under this section on or 

after January 1, 2017. 

(2) TERMINATION.—All pilot programs under this section 

shall terminate no later than December 31, 2022. 

(e) STATUS REPORT.—Not later than January 1, 2020, each Secretary of a military department who conducts a pilot program under 

this section shall submit to the Committees on Armed Services of the 

Senate and the House of Representatives a report containing an 

evaluation of the success of the program in obtaining skilled cyber 

personnel for the Armed Forces. 


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SEC. 510. LENGTH OF JOINT DUTY ASSIGNMENTS. 

(a) IN GENERAL.—Subsection (a) of section 664 of title 10, 

United States Code, is amended by striking ‘‘assignment—’’ and all 

that follows and inserting ‘‘assignment shall be not less than two 

years.’’. 

(b) REPEAL OF AUTHORITY FOR SHORTER LENGTH FOR OFFICERS

INITIALLY ASSIGNED TO CRITICAL OCCUPATIONAL SPECIALTIES.— 

Such section is further amended by striking subsection (c). 

(c) EXCLUSIONS FROM TOUR LENGTH.—Subsection (d) of such 

section is amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘the 

standards prescribed in subsection (a)’’ and inserting ‘‘the requirement in subsection (a)’’; 

(2) in paragraph (1)(D), by striking ‘‘assignment—’’ and all 

that follows and inserting ‘‘assignment as prescribed by the Secretary of Defense in regulations.’’; 

(3) by striking paragraph (2); 

(4) by redesignating paragraph (3) as paragraph (2); and 

(5) in paragraph (2), as redesignated by paragraph (4) of 

this subsection, by striking ‘‘the applicable standard prescribed 

in subsection (a)’’ and inserting ‘‘the requirement in subsection 

(a)’’. 

(d) REPEAL OF AVERAGE TOUR LENGTH REQUIREMENTS.—Such 

section is further amended by striking subsection (e). 

(e) FULL TOUR OF DUTY.—Subsection (f) of such section is 

amended— 

(1) in paragraph (1), by striking ‘‘standards prescribed in 

subsection (a)’’ and inserting ‘‘the requirement in subsection 

(a)’’; 

(2) by striking paragraphs (2) and (4); 

(3) by redesignating paragraphs (3), (5), and (6) as paragraphs (2), (3), and (4), respectively; and 

(4) in paragraph (4), as redesignated by paragraph (3) of 

this subsection, by striking ‘‘, but not less than two years’’. 

(f) CONSTRUCTIVE CREDIT.—Subsection (h) of such section is 

amended— 

(1) by striking ‘‘(1)’’; 

(2) by striking ‘‘accord’’ and inserting ‘‘award’’; and 

(3) by striking paragraph (2). 

(g) CONFORMING AMENDMENTS.—Such section is further 

amended— 

(1) by redesignating subsections (d), (f), (g), and (h), as 

amended by this section, as subsections (c), (d), (e), and (f), respectively; 

(2) in paragraph (2) of subsection (c), as so redesignated 

and amended, by striking ‘‘subsection (f)(3)’’ and inserting ‘‘subsection (d)(2)’’. 

(3) paragraph (2) of subsection (d), as so redesignated and 

amended, by striking ‘‘subsection (g)’’ and inserting ‘‘subsection 

(e)’’; 

(4) in subsection (e), as so redesignated and amended, by 

striking ‘‘subsection (f)(3)’’ and inserting ‘‘subsection (d)(2)’’; and 

(5) in subsection (f), as so redesignated and amended, by 

striking ‘‘paragraphs (1), (2), and (4) of subsection (f)’’ and inserting ‘‘subsection (d)(1)’’. 


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SEC. 510A. REVISION OF DEFINITIONS USED FOR JOINT OFFICER MANAGEMENT. 

(a) DEFINITION OF JOINT MATTERS.—Paragraph (1) of section 

668(a) of title 10, United States Code, is amended to read as follows: 

‘‘(1) In this chapter, the term ‘joint matters’ means matters related to any of the following: 

‘‘(A) The development or achievement of strategic objectives 

through the synchronization, coordination, and organization of 

integrated forces in operations conducted across domains, such 

as land, sea, or air, in space, or in the information environment, including matters relating to any of the following: 

‘‘(i) National military strategy. 

‘‘(ii) Strategic planning and contingency planning. 

‘‘(iii) Command and control, intelligence, fires, movement and maneuver, protection or sustainment of operations under unified command. 

‘‘(iv) National security planning with other departments and agencies of the United States. 

‘‘(v) Combined operations with military forces of allied 

nations. 

‘‘(B) Acquisition matters conducted by members of the 

armed forces and covered under chapter 87 of this title involved 

in developing, testing, contracting, producing, or fielding of 

multi-service programs or systems. 

‘‘(C) Other matters designated in regulation by the Secretary of Defense in consultation with the Chairman of the 

Joint Chiefs of Staff.’’. 

(b) DEFINITION OF INTEGRATED FORCES.—Section 668(a)(2) of 

title 10, United States Code, is amended in the matter preceding 

subparagraph (A)— 

(1) by striking ‘‘integrated military forces’’ and inserting 

‘‘integrated forces’’; and 

(2) by striking ‘‘the planning or execution (or both) of operations involving’’ and inserting ‘‘achieving unified action with’’. 

(c) DEFINITION OF JOINT DUTY ASSIGNMENT.—Section 668(b)(1) 

of title 10, United States Code, is amended by striking subparagraph (A) and inserting the following new subparagraph: 

‘‘(A) shall be limited to assignments in which— 

‘‘(i) the preponderance of the duties of the officer involve joint matters and 

‘‘(ii) the officer gains significant experience in joint 

matters; and’’. 

(d) REPEAL OF DEFINITION OF CRITICAL OCCUPATIONAL SPECIALITY.—Section 668 of title 10, United States Code, is amended by 

striking subsection (d). 

Subtitle B—Reserve Component Management 

SEC. 511. AUTHORITY FOR TEMPORARY WAIVER OF LIMITATION ON 

TERM OF SERVICE OF VICE CHIEF OF THE NATIONAL 

GUARD BUREAU. 

Section 10505(a)(4) of title 10, United States Code, is amended 

by striking ‘‘paragraph (3)(B) for a limited period of time’’ and inserting ‘‘paragraph (3) for not more than 90 days’’. 


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SEC. 512. RIGHTS AND PROTECTIONS AVAILABLE TO MILITARY TECHNICIANS. 

(a) IN GENERAL.—Section 709 of title 32, United States Code, 

is amended— 

(1) in subsection (f)— 

(A) in paragraph (4), by striking ‘‘; and’’ and inserting 

‘‘when the appeal concerns activity occurring while the 

member is in a military pay status, or concerns fitness for 

duty in the reserve components;’’; 

(B) by redesignating paragraph (5) as paragraph (6); 

and 

(C) by inserting after paragraph (4) the following new 

paragraph (5): 

‘‘(5) with respect to an appeal concerning any activity not 

covered by paragraph (4), the provisions of sections 7511, 7512, 

and 7513 of title 5, and section 717 of the Civil Rights Act of 

1991 (42 U.S.C. 2000e–16) shall apply; and’’; and 

(2) in subsection (g), by striking ‘‘Sections’’ and inserting 

‘‘Except as provided in subsection (f), sections’’. 

(b) DEFINITIONS.—Section 709 of title 32, United States Code, 

is further amended by adding at the end the following new subsection: 

‘‘(j) In this section: 

‘‘(1) The term ‘military pay status’ means a period of service 

where the amount of pay payable to a technician for that service 

is based on rates of military pay provided for under title 37. 

‘‘(2) The term ‘fitness for duty in the reserve components’ refers only to military-unique service requirements that attend to 

military service generally, including service in the reserve components or service on active duty.’’. 

(c) CONFORMING AMENDMENT.—Section 7511 of title 5, United 

States Code, is amended by striking paragraph (5). 

SEC. 513. INAPPLICABILITY OF CERTAIN LAWS TO NATIONAL GUARD 

TECHNICIANS PERFORMING ACTIVE GUARD AND RESERVE DUTY. 

Section 709(g) of title 32, United States Code, as amended by 

section 512(a)(2), is further amended— 

(1) by inserting ‘‘(1)’’ after ‘‘(g)’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) In addition to the sections referred to in paragraph (1), section 6323(a)(1) of title 5 also does not apply to a person employed 

under this section who is performing active Guard and Reserve duty 

(as that term is defined in section 101(d)(6) of title 10).’’. 

SEC. 514. EXTENSION OF REMOVAL OF RESTRICTIONS ON THE TRANSFER OF OFFICERS BETWEEN THE ACTIVE AND INACTIVE 

NATIONAL GUARD. 

Section 512 of the National Defense Authorization Act for Fiscal 

Year 2014 (Public Law 113–66; 127 Stat. 752; 32 U.S.C. prec. 301 

note) is amended— 

(1) in subsection (a) in the matter preceding paragraph (1), 

by striking ‘‘December 31, 2016’’ and inserting ‘‘December 31, 

2019’’; and 

(2) in subsection (b) in the matter preceding paragraph (1), 

by striking ‘‘December 31, 2016’’ and inserting ‘‘December 31, 

2019’’. 


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SEC. 515. EXTENSION OF TEMPORARY AUTHORITY TO USE AIR FORCE 

RESERVE COMPONENT PERSONNEL TO PROVIDE TRAINING AND INSTRUCTION REGARDING PILOT TRAINING. 

Section 514(a)(1) of the National Defense Authorization Act for 

Fiscal Year 2016 (Public Law 114–92; 129 Stat. 810) is amended 

by inserting ‘‘and fiscal year 2017’’ after ‘‘During fiscal year 2016’’. 

SEC. 516. EXPANSION OF ELIGIBILITY FOR DEPUTY COMMANDER OF 

COMBATANT COMMAND HAVING UNITED STATES AMONG 

GEOGRAPHIC AREA OF RESPONSIBILITY TO INCLUDE OFFICERS OF THE RESERVES. 

Section 164(e)(4) of title 10, United States Code, is amended— 

(1) by striking ‘‘the National Guard’’ and inserting ‘‘a reserve component of the armed forces’’; and 

(2) by striking ‘‘a National Guard officer’’ and inserting ‘‘a 

reserve component officer’’. 

Subtitle C—General Service Authorities 

SEC. 521. MATTERS RELATING TO PROVISION OF LEAVE FOR MEMBERS 

OF THE ARMED FORCES, INCLUDING PROHIBITION ON 

LEAVE NOT EXPRESSLY AUTHORIZED BY LAW. 

(a) PRIMARY AND SECONDARY CAREGIVER LEAVE.—Section 701 

of title 10, United States Code, is amended— 

(1) by striking subsections (i) and (j); and 

(2) by inserting after subsection (h) the following new subsections (i) and (j): 

‘‘(i)(1)(A) Under regulations prescribed by the Secretary of Defense, a member of the armed forces described in paragraph (2) who 

is the primary caregiver in the case of the birth of a child is allowed 

up to twelve weeks of total leave, including up to six weeks of medical convalescent leave, to be used in connection with such birth. 

‘‘(B) Under the regulations prescribed for purposes of this subsection, a member of the armed forces described in paragraph (2) 

who is the primary caregiver in the case of the adoption of a child 

is allowed up to six weeks of total leave to be used in connection 

with such adoption. 

‘‘(2) Paragraph (1) applies to the following members: 

‘‘(A) A member on active duty. 

‘‘(B) A member of a reserve component performing active 

Guard and Reserve duty. 

‘‘(C) A member of a reserve component subject to an active 

duty recall or mobilization order in excess of 12 months. 

‘‘(3) The Secretary shall prescribe in the regulations referred to 

in paragraph (1) a definition of the term ‘primary caregiver’ for purposes of this subsection. 

‘‘(4) Notwithstanding paragraph (1)(A), a member may receive 

more than six weeks of medical convalescent leave in connection 

with the birth of a child, but only if the additional medical convalescent leave— 

‘‘(A) is specifically recommended, in writing, by the medical 

provider of the member to address a diagnosed medical condition; and 

‘‘(B) is approved by the commander of the member. 

‘‘(5) Any leave taken by a member under this subsection, including leave under paragraphs (1) and (4), may be taken only in one 

increment in connection with such birth or adoption. 


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‘‘(6)(A) Any leave authorized by this subsection that is not taken 

within one year of such birth or adoption shall be forfeited. 

‘‘(B) Any leave authorized by this subsection for a member of a 

reserve component on active duty that is not taken by the time the 

member is separated from active duty shall be forfeited at that time. 

‘‘(7) The period of active duty of a member of a reserve component may not be extended in order to permit the member to take 

leave authorized by this subsection. 

‘‘(8) Under the regulations prescribed for purposes of this subsection, a member taking leave under paragraph (1) may, as a condition for taking such leave, be required— 

‘‘(A) to accept an extension of the member’s current service 

obligation, if any, by one week for every week of leave taken 

under paragraph (1); or 

‘‘(B) to incur a reduction in the member’s leave account by 

one week for every week of leave taken under paragraph (1). 

‘‘(9)(A) Leave authorized by this subsection is in addition to any 

other leave provided under other provisions of this section. 

‘‘(B) Medical convalescent leave under paragraph (4) is in addition to any other leave provided under other provisions of this subsection. 

‘‘(10)(A) Subject to subparagraph (B), a member taking leave 

under paragraph (1) during a period of obligated service shall not 

be eligible for terminal leave, or to sell back leave, at the end such 

period of obligated service. 

‘‘(B) Under the regulations for purposes of this subsection, the 

Secretary concerned may waive, whether in whole or in part, the applicability of subparagraph (A) to a member who reenlists at the 

end of the member’s period of obligated service described in that 

subparagraph if the Secretary determines that the waiver is in the 

interests of the armed force concerned. 

‘‘(j)(1) Under regulations prescribed by the Secretary of Defense, 

a member of the armed forces described in subsection (i)(2) who is 

the secondary caregiver in the case of the birth of a child or the 

adoption of a child is allowed up to 21 days of leave to be used in 

connection with such birth or adoption. 

‘‘(2) The Secretary shall prescribe in the regulations referred to 

in paragraph (1) a definition of the term ‘secondary caregiver’ for 

purposes of this subsection. 

‘‘(3) Any leave taken by a member under this subsection may be 

taken only in one increment in connection with such birth or adoption. 

‘‘(4) Under the regulations prescribed for purposes of this subsection, paragraphs (6) through (10) of subsection (i) (other than 

paragraph (9)(B) of such subsection) shall apply to leave, and the 

taking of leave, authorized by this subsection.’’. 

(b) PROHIBITION ON LEAVE NOT EXPRESSLY AUTHORIZED BY

LAW.— 

(1) PROHIBITION.—Chapter 40 of title 10, United States 

Code, is amended by inserting after section 704 the following 

new section: 


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‘‘§ 704a. Administration of leave: prohibition on authorizing, 

granting, or assigning leave not expressly authorized by law 

‘‘No member or category of members of the armed forces may be 

authorized, granted, or assigned leave, including uncharged leave, 

not expressly authorized by a provision of this chapter or another 

statute unless expressly authorized by an Act of Congress enacted 

after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 40 of title 10, United States Code, is amended by inserting after the item relating to section 704 the following new item: 

‘‘704a. Administration of leave: prohibition on authorizing, granting, or assigning 

leave not expressly authorized by law.’’. 

SEC. 522. TRANSFER OF PROVISION RELATING TO EXPENSES INCURRED IN CONNECTION WITH LEAVE CANCELED DUE TO 

CONTINGENCY OPERATIONS. 

(a) ENACTMENT IN TITLE 10, UNITED STATES CODE, OF AU- THORITY FOR REIMBURSEMENT OF EXPENSES.—Chapter 40 of title 

10, United States Code, is amended by inserting after section 709 

the following new section: 

‘‘§ 709a. Expenses incurred in connection with leave canceled 

due to contingency operations: reimbursement 

‘‘(a) AUTHORIZATION TO REIMBURSE.—The Secretary concerned 

may reimburse a member of the armed forces under the jurisdiction 

of the Secretary for travel and related expenses (to the extent not 

otherwise reimbursable under law) incurred by the member as a result of the cancellation of previously approved leave when— 

‘‘(1) the leave is canceled in connection with the member’s 

participation in a contingency operation; and 

‘‘(2) the cancellation occurs within 48 hours of the time the 

leave would have commenced. 

‘‘(b) REGULATIONS.—The Secretary of Defense and, in the case 

of the Coast Guard when it is not operating as a service in the 

Navy, the Secretary of Homeland Security shall prescribe regulations to establish the criteria for the applicability of subsection (a). 

‘‘(c) CONCLUSIVENESS OF SETTLEMENT.—The settlement of an 

application for reimbursement under subsection (a) is final and conclusive.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 40 of such title is amended by inserting after the 

item relating to section 709 the following new item: 

‘‘709a. Expenses incurred in connection with leave canceled due to contingency operations: reimbursement.’’. 

(c) REPEAL OF SUPERSEDED AUTHORITY.—Section 453 of title 

37, United States Code, is amended by striking subsection (g). 

SEC. 523. EXPANSION OF AUTHORITY TO EXECUTE CERTAIN MILITARY 

INSTRUMENTS. 

(a) EXPANSION OF AUTHORITY TO EXECUTE MILITARY TESTA- MENTARY INSTRUMENTS.—Section 1044d(c) of title 10, United States 

Code, is amended— 

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

‘‘(2) the execution of the instrument is notarized by— 


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‘‘(A) a military legal assistance counsel; 

‘‘(B) a person who is authorized to act as a notary 

under section 1044a of this title who— 

‘‘(i) is not an attorney; and 

‘‘(ii) is supervised by a military legal assistance 

counsel; or 

‘‘(C) a State-licensed notary employed by a military department or the Coast Guard who is supervised by a military legal assistance counsel;’’; and 

(2) in paragraph (3), by striking ‘‘presiding attorney’’ and 

inserting ‘‘person notarizing the instrument in accordance with 

paragraph (2)’’. 

(b) EXPANSION OF AUTHORITY TO NOTARIZE DOCUMENTS TO CI- VILIANS SERVING IN MILITARY LEGAL ASSISTANCE OFFICES.—Section 1044a(b) of title 10, United States Code, is amended by adding 

at the end the following new paragraph: 

‘‘(6) All civilian paralegals serving at military legal assistance offices, supervised by a military legal assistance counsel 

(as defined in section 1044d(g) of this title).’’. 

SEC. 524. MEDICAL EXAMINATION BEFORE ADMINISTRATIVE SEPARATION FOR MEMBERS WITH POST-TRAUMATIC STRESS DISORDER OR TRAUMATIC BRAIN INJURY IN CONNECTION 

WITH SEXUAL ASSAULT. 

Section 1177(a)(1) of title 10, United States Code, is amended— 

(1) by inserting ‘‘, or sexually assaulted,’’ after ‘‘deployed 

overseas in support of a contingency operation’’; and 

(2) by inserting ‘‘or based on such sexual assault,’’ after 

‘‘while deployed,’’. 

SEC. 525. REDUCTION OF TENURE ON THE TEMPORARY DISABILITY 

RETIRED LIST. 

(a) REDUCTION OF TENURE.—Section 1210 of title 10, United 

States Code, is amended— 

(1) in subsection (b), by striking ‘‘five years’’ and inserting 

‘‘three years’’; and 

(2) in subsection (h), by striking ‘‘five years’’ and inserting 

‘‘three years’’. 

(b) APPLICABILITY.—The amendments made by subsection (a) 

shall take effect on January 1, 2017, and shall apply to members 

of the Armed Forces whose names are placed on the temporary disability retired list on or after that date. 

SEC. 526. TECHNICAL CORRECTION TO VOLUNTARY SEPARATION PAY 

AND BENEFITS. 

Section 1175a(j) of title 10, United States Code, is amended— 

(1) in paragraph (2)— 

(A) by striking ‘‘or 12304’’ and inserting ‘‘12304, 

12304a, or 12304b’’; and 

(B) by striking ‘‘502(f)(1)’’ and inserting ‘‘502(f)(1)(A)’’; 

and 

(2) in paragraph (3), by striking ‘‘502(f)(2)’’ and inserting 

‘‘502(f)(1)(B)’’. 

SEC. 527. CONSOLIDATION OF ARMY MARKETING AND PILOT PROGRAM 

ON CONSOLIDATED ARMY RECRUITING. 

(a) CONSOLIDATION OF ARMY MARKETING.—Not later than October 1, 2017, the Secretary of the Army shall consolidate into a single 

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ing to the marketing of the Army and each of the components of the 

Army in order to assure unity of effort and cost effectiveness in the 

marketing of the Army and each of the components of the Army. 

(b) PILOT PROGRAM ON CONSOLIDATED ARMY RECRUITING.— 

(1) PILOT PROGRAM REQUIRED.—Not later than 180 days 

after the date of the enactment of this Act, the Secretary of the 

Army shall carry out a pilot program to consolidate the recruiting efforts of the Regular Army, Army Reserve, and Army National Guard under which a recruiter in one of the components 

participating in the pilot program may recruit individuals to 

enlist in any of the components regardless of the funding source 

of the recruiting activity. 

(2) CREDIT TOWARD ENLISTMENT GOALS.—Under the pilot 

program, a recruiter shall receive credit toward periodic enlistment goals for each enlistment regardless of the component in 

which the individual enlists. 

(3) DURATION.—The Secretary shall carry out the pilot program for a period of not less than three years. 

(c) BRIEFING AND REPORTS.— 

(1) BRIEFING ON CONSOLIDATION PLAN.—Not later than 

March 1, 2017, the Secretary of the Army shall provide to the 

Committees on Armed Services of the Senate and the House of 

Representatives a briefing on the Secretary’s plan to carry out 

the Army marketing consolidation required by subsection (a). 

(2) INTERIM REPORT ON PILOT PROGRAM.— 

(A) IN GENERAL.—Not later than one year after the 

date on which the pilot program under subsection (b) commences, the Secretary shall submit to the congressional 

committees specified in paragraph (1) a report on the pilot 

program. 

(B) ELEMENTS.—The report under subparagraph (A) 

shall include each of the following: 

(i) An analysis of the effects that consolidated recruiting efforts has on the overall ability of recruiters 

to attract and place qualified candidates. 

(ii) A determination of the extent to which consolidating recruiting efforts affects efficiency and recruiting costs. 

(iii) An analysis of any challenges associated with 

a recruiter working to recruit individuals to enlist in a 

component in which the recruiter has not served. 

(iv) An analysis of the satisfaction of recruiters 

and the component recruiting commands with the pilot 

program. 

(3) FINAL REPORT ON PILOT PROGRAM.—Not later than 180 

days after the date on which the pilot program is completed, the 

Secretary shall submit to the congressional committees specified 

in paragraph (1) a final report on the pilot program. The final 

report shall include any recommendations of the Secretary with 

respect to extending or making permanent the pilot program 

and a description of any related legislative actions that the Secretary considers appropriate. 


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Subtitle D—Member Whistleblower Protections and 

Correction of Military Records 

SEC. 531. IMPROVEMENTS TO WHISTLEBLOWER PROTECTION PROCEDURES. 

(a) ACTIONS TREATABLE AS PROHIBITED PERSONNEL ACTIONS.— 

Paragraph (2) of section 1034(b) of title 10, United States Code, is 

amended to read as follows: 

‘‘(2)(A) The actions considered for purposes of this section to be 

a personnel action prohibited by this subsection shall include any 

action prohibited by paragraph (1), including any of the following: 

‘‘(i) The threat to take any unfavorable action. 

‘‘(ii) The withholding, or threat to withhold, any favorable 

action. 

‘‘(iii) The making of, or threat to make, a significant change 

in the duties or responsibilities of a member of the armed forces 

not commensurate with the member’s grade. 

‘‘(iv) The failure of a superior to respond to any retaliatory 

action or harassment (of which the superior had actual knowledge) taken by one or more subordinates against a member. 

‘‘(v) The conducting of a retaliatory investigation of a member. 

‘‘(B) In this paragraph, the term ‘retaliatory investigation’ 

means an investigation requested, directed, initiated, or conducted 

for the primary purpose of punishing, harassing, or ostracizing a 

member of the armed forces for making a protected communication. 

‘‘(C) Nothing in this paragraph shall be construed to limit the 

ability of a commander to consult with a superior in the chain of 

command, an inspector general, or a judge advocate general on the 

disposition of a complaint against a member of the armed forces for 

an allegation of collateral misconduct or for a matter unrelated to 

a protected communication. Such consultation shall provide an affirmative defense against an allegation that a member requested, directed, initiated, or conducted a retaliatory investigation under this 

section.’’. 

(b) ACTION IN RESPONSE TO HARDSHIP IN CONNECTION WITH

PERSONNEL ACTIONS.—Section 1034 of title 10, United States Code, 

is amended— 

(1) in subsection (c)(4)— 

(A) by redesignating subparagraph (E) as subparagraph (F); and 

(B) by inserting after subparagraph (D) the following 

new subparagraph (E): 

‘‘(E) If the Inspector General makes a preliminary determination in an investigation under subparagraph (D) that, more likely 

than not, a personnel action prohibited by subsection (b) has occurred and the personnel action will result in an immediate hardship to the member alleging the personnel action, the Inspector General shall promptly notify the Secretary of the military department 

concerned or the Secretary of Homeland Security, as applicable, of 

the hardship, and such Secretary shall take such action as such 

Secretary considers appropriate.’’; and 

(2) in subsection (e)(1), by striking ‘‘subsection (c)(4)(E)’’ 

and inserting ‘‘subsection (c)(4)(F)’’. 


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(c) PERIODIC NOTICE TO MEMBERS ON PROGRESS OF INSPECTOR

GENERAL INVESTIGATIONS.—Paragraph (3) of section 1034(e) of title 

10, United States Code, is amended to read as follows: 

‘‘(3)(A) Not later than 180 days after the commencement of an 

investigation of an allegation under subsection (c)(4), and every 180 

days thereafter until the transmission of the report on the investigation under paragraph (1) to the member concerned, the Inspector 

General conducting the investigation shall submit a notice on the 

investigation described in subparagraph (B) to the following: 

‘‘(i) The member. 

‘‘(ii) The Secretary of Defense. 

‘‘(iii) The Secretary of the military department concerned, 

or the Secretary of Homeland Security in the case of a member 

of the Coast Guard when the Coast Guard is not operating as 

a service in the Navy. 

‘‘(B) Each notice on an investigation under subparagraph (A) 

shall include the following: 

‘‘(i) A description of the current progress of the investigation. 

‘‘(ii) An estimate of the time remaining until the completion 

of the investigation and the transmittal of the report required 

by paragraph (1) to the member concerned.’’. 

(d) CORRECTION OF RECORDS.—Paragraph (2) of section 1034(g) 

of title 10, United States Code, is amended to read as follows: 

‘‘(2) In resolving an application described in paragraph (1) for 

which there is a report of the Inspector General under subsection 

(e)(1), a correction board— 

‘‘(A) shall review the report of the Inspector General; 

‘‘(B) may request the Inspector General to gather further 

evidence; 

‘‘(C) may receive oral argument, examine and cross-examine 

witnesses, and take depositions; and 

‘‘(D) shall consider a request by a member or former member in determining whether to hold an evidentiary hearing.’’. 

(e) UNIFORM STANDARDS FOR INSPECTOR GENERAL INVESTIGATIONS OF PROHIBITED PERSONNEL ACTIONS AND OTHER MATTERS.— 

(1) IN GENERAL.—Not later than one year after the date of 

the enactment of this Act, the Inspector General of the Department of Defense shall prescribe uniform standards for the following: 

(A) The investigation of allegations of prohibited personnel actions under section 1034 of title 10, United States 

Code (as amended by this section), by the Inspector General 

and the Inspectors General of the military departments. 

(B) The training of the staffs of the Inspectors General 

referred to in subparagraph (A) on the conduct of investigations described in that subparagraph. 

(2) USE.—Commencing 180 days after prescription of the 

standards required by paragraph (1), the Inspectors General referred to in that paragraph shall comply with such standards 

in the conduct of investigations described in that paragraph 

and in the training of the staffs of such Inspectors General in 

the conduct of such investigations. 


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SEC. 532. MODIFICATION OF WHISTLEBLOWER PROTECTION AUTHORITIES TO RESTRICT CONTRARY FINDINGS OF PROHIBITED 

PERSONNEL ACTION BY THE SECRETARY CONCERNED. 

(a) IN GENERAL.—Section 1034(f) of title 10, United States 

Code, is amended— 

(1) in the subsection heading, by striking ‘‘VIOLATIONS’’ and 

inserting ‘‘SUBSTANTIATED VIOLATIONS’’; and 

(2) in paragraph (1), by striking ‘‘there is sufficient basis’’ 

and all that follows and inserting ‘‘corrective or disciplinary action should be taken. If the Secretary concerned determines that 

corrective or disciplinary action should be taken, the Secretary 

shall take appropriate corrective or disciplinary action.’’. 

(b) ACTIONS FOLLOWING DETERMINATIONS.—Paragraph (2) of 

such section is amended— 

(1) in the matter preceding subparagraph (A)— 

(A) by striking ‘‘the Secretary concerned determines 

under paragraph (1)’’ and inserting ‘‘the Inspector General 

determines’’; and 

(B) by striking ‘‘the Secretary shall’’ and inserting ‘‘the 

Secretary concerned shall’’; 

(2) in subparagraph (A), by inserting ‘‘, including referring 

the report to the appropriate board for the correction of military 

records’’ before the semicolon; and 

(3) by striking subparagraph (B) and inserting the following new subparagraph (B): 

‘‘(B) submit to the Inspector General a report on the actions 

taken by the Secretary pursuant to this paragraph, and provide 

for the inclusion of a summary of the report under this subparagraph (with any personally identifiable information redacted) in the semiannual report to Congress of the Inspector 

General of the Department of Defense or the Inspector General 

of the Department of Homeland Security, as applicable, under 

section 5 of the Inspector General Act of 1978 (5 U.S.C. App.).’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date of the enactment of this Act, and shall 

apply with respect to reports received by the Secretaries of the military departments and the Secretary of Homeland Security under 

section 1034(e) of title 10, United States Code, on or after that date. 

SEC. 533. AVAILABILITY OF CERTAIN CORRECTION OF MILITARY 

RECORDS AND DISCHARGE REVIEW BOARD INFORMATION 

THROUGH THE INTERNET. 

(a) BOARD FOR THE CORRECTION OF MILITARY RECORDS.—Section 1552 of title 10, United States Code, is amended— 

(1) by redesignating subsection (h) as subsection (i); and 

(2) by inserting after subsection (g) the following new subsection (h): 

‘‘(h) Each board established under this section shall make 

available to the public each calender quarter, on an Internet website 

of the military department concerned or the Department of Homeland Security, as applicable, that is available to the public the following: 

‘‘(1) The number of claims considered by such board during 

the calendar quarter preceding the calender quarter in which 

such information is made available, including cases in which 

a mental health condition of the claimant, including post-traumatic stress disorder or traumatic brain injury, is alleged to 


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have contributed, whether in whole or part, to the original characterization of the discharge or release of the claimant. 

‘‘(2) The number of claims submitted during the calendar 

quarter preceding the calender quarter in which such information is made available that relate to service by a claimant during a war or contingency operation, catalogued by each war or 

contingency operation. 

‘‘(3) The number of military records corrected pursuant to 

the consideration described in paragraph (1) to upgrade the 

characterization of discharge or release of claimants.’’. 

(b) DISCHARGE REVIEW BOARD.—Section 1553 of title 10, 

United States Code, is amended by adding at the end the following 

new subsection: 

‘‘(f) Each board established under this section shall make available to the public each calender quarter, on an Internet website of 

the military department concerned or the Department of Homeland 

Security, as applicable, that is available to the public the following: 

‘‘(1) The number of motions or requests for review considered by such board during the calendar quarter preceding the 

calender quarter in which such information is made available, 

including cases in which a mental health condition of the 

former member, including post-traumatic stress disorder or 

traumatic brain injury, is alleged to have contributed, whether 

in whole or part, to the original characterization of the discharge or dismissal of the former member. 

‘‘(2) The number of claims submitted during the calendar 

quarter preceding the calender quarter in which such information is made available that relate to service by a claimant during a war or contingency operation, catalogued by each war or 

contingency operation. 

‘‘(3) The number of discharges or dismissals corrected pursuant to the consideration described in paragraph (1) to upgrade the characterization of discharge or dismissal of former 

members.’’. 

SEC. 534. IMPROVEMENTS TO AUTHORITIES AND PROCEDURES FOR 

THE CORRECTION OF MILITARY RECORDS. 

(a) PROCEDURES OF BOARDS.—Paragraph (3) of section 1552(a) 

of title 10, United States Code, is amended— 

(1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 

(2) by adding at the end the following new subparagraphs: 

‘‘(B) If a board makes a preliminary determination that a claim 

under this section lacks sufficient information or documents to support the claim, the board shall notify the claimant, in writing, indicating the specific information or documents necessary to make the 

claim complete and reviewable by the board. 

‘‘(C) If a claimant is unable to provide military personnel or 

medical records applicable to a claim under this section, the board 

shall make reasonable efforts to obtain the records. A claimant shall 

provide the board with documentary evidence of the efforts of the 

claimant to obtain such records. The board shall inform the claimant of the results of the board’s efforts, and shall provide the claimant copies of any records so obtained upon request of the claimant. 

‘‘(D) Any request for reconsideration of a determination of a 

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viously presented to or considered by the board in making such determination.’’. 

(b) PUBLICATION OF FINAL DECISIONS OF BOARDS.—Such section is further amended by adding at the end the following new 

paragraph: 

‘‘(5) Each final decision of a board under this subsection shall 

be made available to the public in electronic form on a centralized 

Internet website. In any decision so made available to the public 

there shall be redacted all personally identifiable information.’’. 

(c) TRAINING OF MEMBERS OF BOARDS.— 

(1) IN GENERAL.—Not later than one year after the date of 

the enactment of this Act, each Secretary concerned shall develop and implement a comprehensive training curriculum for 

members of boards for the correction of military records under 

the jurisdiction of such Secretary in the duties of such boards 

under section 1552 of title 10, United States Code. The curriculum shall address all areas of administrative law applicable to the duties of such boards. 

(2) UNIFORM CURRICULA.—The Secretary of Defense and the 

Secretary of Homeland Security shall jointly ensure that the 

curricula developed and implemented pursuant to this subsection are, to the extent practicable, uniform. 

(3) TRAINING.— 

(A) IN GENERAL.—Each member of a board for the correction of military records shall undergo retraining (consistent with the curriculum developed and implemented 

pursuant to this subsection) regarding the duties of boards 

for the correction of military records under section 1552 of 

title 10, United States Code, at least once every five years 

during the member’s tenure on the board. 

(B) CURRENT MEMBERS.—Each member of a board for 

the correction of military records as of the date of the implementation of the curriculum required by paragraph (1) 

(in this paragraph referred to as the ‘‘curriculum implementation date’’) shall undergo training described in subparagraph (A) not later than 90 days after the curriculum 

implementation date. 

(C) NEW MEMBERS.—Each individual who becomes a 

member of a board for the correction of military records 

after the curriculum implementation date shall undergo 

training described in subparagraph (A) by not later than 

90 days after the date on which such individual becomes 

a member of the board. 

(4) REPORTS.—Not later than 18 months after the date of 

the enactment of this Act, each Secretary concerned shall submit to Congress a report setting forth the following: 

(A) A description and assessment of the progress made 

by such Secretary in implementing training requirements 

for members of boards for the correction of military records 

under the jurisdiction of such Secretary. 

(B) A detailed description of the training curriculum 

required of such Secretary by paragraph (1). 

(C) A description and assessment of any impediments 

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bers of boards for the correction of military records under 

the jurisdiction of such Secretary. 

(5) SECRETARY CONCERNED DEFINED.—In this subsection, 

the term ‘‘Secretary concerned’’ means a ‘‘Secretary concerned’’ 

as that term is used in section 1552 of title 10, United States 

Code. 

SEC. 535. 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. 

Section 1553(d) of title 10, United States Code, is amended by 

adding at the end the following new paragraph: 

‘‘(3)(A) In addition to the requirements of paragraphs (1) and 

(2), in the case of a former member described in subparagraph (B), 

the Board shall— 

‘‘(i) review medical evidence of the Secretary of Veterans Affairs or a civilian health care provider that is presented by the 

former member; and 

‘‘(ii) review the case with liberal consideration to the former 

member that post-traumatic stress disorder or traumatic brain 

injury potentially contributed to the circumstances resulting in 

the discharge of a lesser characterization. 

‘‘(B) A former member described in this subparagraph is a 

former member described in paragraph (1) or a former member 

whose application for relief is based in whole or in part on matters 

relating to post-traumatic stress disorder or traumatic brain injury 

as supporting rationale, or as justification for priority consideration, whose post-traumatic stress disorder or traumatic brain injury is related to combat or military sexual trauma, as determined 

by the Secretary concerned.’’. 

SEC. 536. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW 

OF INTEGRITY OF DEPARTMENT OF DEFENSE WHISTLEBLOWER PROGRAM. 

(a) REPORT REQUIRED.—Not later than 18 months after the 

date of the enactment of this Act, the Comptroller General of the 

United States shall submit to the Committees on Armed Services of 

the Senate and the House of Representatives a report setting forth 

a review of the integrity of the Department of Defense whistleblower 

program. 

(b) ELEMENTS.—The review for purposes of the report required 

by subsection (a) shall include the following elements: 

(1) An assessment of the extent to which the Department of 

Defense whistleblower program meets executive branch policies 

and goals for whistleblower protections. 

(2) An assessment of the adequacy of procedures to handle 

and address complaints submitted by employees in the Office of 

the Inspector General of the Department of Defense to ensure 

that such employees themselves are able to disclose a suspected 

violation of law, rule, or regulation without fear of reprisal. 

(3) An assessment of the extent to which there have been 

violations of standards used in regard to the protection of confidentiality provided to whistleblowers by the Inspector General 

of the Department of Defense. 


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(4) An assessment of the extent to which there have been incidents of retaliatory investigations against whistleblowers 

within the Office of the Inspector General. 

(5) An assessment of the extent to which the Inspector General of the Department of Defense has thoroughly investigated 

and substantiated allegations within the past 10 years against 

civilian officials of the Department of Defense appointed to their 

positions by and with the advice and consent of the Senate, and 

whether Congress has been notified of the results of such investigations. 

(6) An assessment of the ability of the Inspector General of 

the Department of Defense and the Inspectors General of the 

military departments to access agency information necessary to 

the execution of their duties, including classified and other sensitive information, and an assessment of the adequacy of security procedures to safeguard such classified or sensitive information when so accessed. 

Subtitle E—Military Justice and Legal Assistance Matters 

SEC. 541. UNITED STATES COURT OF APPEALS FOR THE ARMED 

FORCES. 

(a) CLARIFICATION OF AUTHORITY OF JUDGES OF THE COURT TO

ADMINISTER OATHS AND ACKNOWLEDGMENTS.—Subsection (c) of section 936 of title 10, United States Code (article 136 of the Uniform 

Code of Military Justice), is amended to read as follows: 

‘‘(c) Each judge and senior judge of the United States Court of 

Appeals for the Armed Forces shall have the powers relating to 

oaths, affirmations, and acknowledgments provided to justices and 

judges of the United States by section 459 of title 28.’’. 

(b) MODIFICATION OF TERM OF JUDGES OF THE COURT TO RE- STORE ROTATION OF JUDGES.— (1) EARLY RETIREMENT AUTHORIZED FOR ONE CURRENT

JUDGE.—If the judge of the United States Court of Appeals for 

the Armed Forces who is the junior in seniority of the two 

judges of the court whose terms of office under section 942(b)(2) 

of title 10, United States Code (article 142(b)(2) of the Uniform 

Code of Military Justice), expire on July 31, 2021, chooses to retire one year early, that judge— 

(A) may retire from service on the court effective August 

1, 2020; and 

(B) shall be treated, upon such retirement, for all purposes as having completed a term of service for which the 

judge was appointed as a judge of the court. 

(2) STAGGERING OF FUTURE APPOINTMENTS.—Section 

942(b)(2) of title 10, United States Code (article 142(b)(2) of the 

Uniform Code of Military Justice), is amended— 

(A) by inserting ‘‘(A)’’ after ‘‘(2)’’; 

(B) by redesignating subparagraphs (A) and (B) as 

clauses (i) and (ii), respectively; and 

(C) by adding at the end the following new subparagraph: 

‘‘(B) If at the time of the appointment of a judge the date that 

is otherwise applicable under subparagraph (A) for the expiration of 

the term of service of the judge is the same as the date for the expiration of the term of service of a judge already on the court, then 


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the term of the judge being appointed shall expire on the first July 

31 after such date on which no term of service of a judge already 

on the court will expire.’’. 

(3) APPLICATION OF AMENDMENTS.—The amendments made 

by paragraph (2) shall apply with respect to appointments to 

the United States Court of Appeals for the Armed Forces that 

are made on or after the date of the enactment of this Act. 

(c) REPEAL OF REQUIREMENT RELATING TO POLITICAL PARTY

STATUS OF JUDGES OF THE COURT.—Section 942(b)(3) of title 10, 

United States Code (article 142(b)(3) of the Uniform Code of Military Justice), is amended by striking ‘‘Not more than three of the 

judges of the court may be appointed from the same political party, 

and no’’ and by inserting ‘‘No’’. 

(d) MODIFICATION OF DAILY RATE OF COMPENSATION FOR SENIOR JUDGES PERFORMING JUDICIAL DUTIES WITH THE COURT.—Section 942(e)(2) of title 10, United States Code (article 142(e)(2) of the 

Uniform Code of Military Justice), is amended by striking ‘‘equal 

to’’ and all that follows and inserting ‘‘equal to the difference between— 

‘‘(A) the daily equivalent of the annual rate of pay provided 

for a judge of the court; and 

‘‘(B) the daily equivalent of the annuity of the judge under 

section 945 of this title (article 145), the applicable provisions 

of title 5, or any other retirement system for employees of the 

Federal Government under which the senior judge receives an 

annuity.’’. 

(e) REPEAL OF DUAL COMPENSATION PROVISION RELATING TO

JUDGES OF THE COURT.—Section 945 of title 10, United States Code 

(article 145 of the Uniform Code of Military Justice), is amended— 

(1) in subsection (d), by striking ‘‘subsection (g)(1)(B)’’ and 

inserting ‘‘subsection (f)(1)(B)’’; 

(2) by striking subsection (f); and 

(3) by redesignating subsections (g), (h), and (i) as subsections (f), (g), and (h), respectively. 

SEC. 542. EFFECTIVE PROSECUTION AND DEFENSE IN COURTS-MARTIAL AND PILOT PROGRAMS ON PROFESSIONAL MILITARY 

JUSTICE DEVELOPMENT FOR JUDGE ADVOCATES. 

(a) PROGRAM FOR EFFECTIVE PROSECUTION AND DEFENSE.—The 

Secretary concerned shall carry out a program to ensure that— 

(1) trial counsel and defense counsel detailed to prosecute 

or defend a court-martial have sufficient experience and knowledge to effectively prosecute or defend the case; and 

(2) a deliberate professional developmental process is in 

place to ensure effective prosecution and defense in all courtsmartial. 

(b) MILITARY JUSTICE EXPERIENCE DESIGNATORS OR SKILL

IDENTIFIERS.—The Secretary concerned shall establish and use a 

system of military justice experience designators or skill identifiers 

for purposes of identifying judge advocates with skill and experience 

in military justice proceedings in order to ensure that judge advocates with experience and skills identified through such experience 

designators or skill identifiers are assigned to develop less experienced judge advocates in the prosecution and defense in courts-martial under a program carried out pursuant to subsection (a). 


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(c) PILOT PROGRAMS ON PROFESSIONAL DEVELOPMENTAL PROCESS FOR JUDGE ADVOCATES.— 

(1) PURPOSE.—The Secretary concerned shall carry out a 

pilot program to assess the feasibility and advisability of establishing a deliberate professional developmental process for 

judge advocates under the jurisdiction of the Secretary that 

leads to judge advocates with military justice expertise serving 

as military justice practitioners capable of prosecuting and defending complex cases in military courts-martial. 

(2) ADDITIONAL MATTERS.—A pilot program may also assess such other matters related to professional military justice 

development for judge advocates as the Secretary concerned considers appropriate. 

(3) DURATION.—Each pilot program shall be for a period of 

five years. 

(4) REPORT.—Not later than four years after the date of the 

enactment of this Act, the Secretary concerned shall submit to 

the Committees on Armed Services of the Senate and the House 

of Representatives a report on the pilot programs conducted 

under this section. The report shall include the following: 

(A) A description and assessment of each pilot program. 

(B) Such recommendations as the Secretary considers 

appropriate in light of the pilot programs, including whether any pilot program should be extended or made permanent. 

(d) SECRETARY CONCERNED DEFINED.—In this section, the term 

‘‘Secretary concerned’’ has the meaning given that term in section 

101(a)(9) of title 10, United States Code. 

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. 

Section 1631(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 

note) is amended by adding at the end the following new paragraph: 

‘‘(12) Information on each claim of retaliation in connection 

with a report of sexual assault in the Armed Force made by or 

against a member of such Armed Force as follows: 

‘‘(A) A narrative description of each complaint. 

‘‘(B) The nature of such complaint, including whether 

the complainant claims professional or social retaliation. 

‘‘(C) The gender of the complainant. 

‘‘(D) The gender of the individual claimed to have committed the retaliation. 

‘‘(E) The nature of the relationship between the complainant and the individual claimed to have committed the 

retaliation. 

‘‘(F) The nature of the relationship, if any, between the 

individual alleged to have committed the sexual assault 

concerned and the individual claimed to have committed 

the retaliation. 

‘‘(G) The official or office that received the complaint. 


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‘‘(H) The organization that investigated or is investigating the complaint. 

‘‘(I) The current status of the investigation. 

‘‘(J) If the investigation is complete, a description of the 

results of the investigation, including whether the results of 

the investigation were provided to the complainant. 

‘‘(K) If the investigation determined that retaliation occurred, whether the retaliation was an offense under chapter 47 of title 10, United States Code (the Uniform Code of 

Military Justice).’’. 

SEC. 544. EXTENSION OF THE REQUIREMENT FOR ANNUAL REPORT 

REGARDING SEXUAL ASSAULTS AND COORDINATION 

WITH RELEASE OF FAMILY ADVOCACY PROGRAM REPORT. 

Section 1631 of the Ike Skelton National Defense Authorization 

Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4433; 10 

U.S.C. 1561 note) is amended— 

(1) in subsection (a), by striking ‘‘March 1, 2017’’ and inserting ‘‘March 1, 2021’’; and 

(2) by adding at the end the following new subsection: 

‘‘(g) COORDINATION OF RELEASE DATE BETWEEN ANNUAL REPORTS REGARDING SEXUAL ASSAULTS AND FAMILY ADVOCACY REPORT.—The Secretary of Defense shall ensure that the reports required under subsection (a) for a given year are delivered to the 

Committees on Armed Services of the Senate and House of Representatives simultaneously with the Family Advocacy Program report for that year regarding child abuse and domestic violence, as 

required by section 574 of the National Defense Authorization Act 

for Fiscal Year 2017.’’. 

SEC. 545. 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. 

(a) METRICS REQUIRED.—The Sexual Assault Prevention and 

Response Office of the Department of Defense shall establish and 

issue to the military departments metrics to be used to evaluate the 

efforts of the Armed Forces to prevent and respond to retaliation in 

connection with reports of sexual assault in the Armed Forces. 

(b) BEST PRACTICES.—For purposes of enhancing and achieving 

uniformity in the efforts of the Armed Forces to prevent and respond 

to retaliation in connection with reports of sexual assault in the 

Armed Forces, the Sexual Assault Prevention and Response Office 

shall identify and issue to the military departments best practices 

to be used in the prevention of and response to retaliation in connection with such reports. 

SEC. 546. TRAINING FOR DEPARTMENT OF DEFENSE PERSONNEL WHO 

INVESTIGATE CLAIMS OF RETALIATION. 

(a) TRAINING REGARDING NATURE AND CONSEQUENCES OF RETALIATION.—The Secretary of Defense shall ensure that the personnel of the Department of Defense specified in subsection (b) who 

investigate claims of retaliation receive training on the nature and 

consequences of retaliation, and, in cases involving reports of sexual 

assault, the nature and consequences of sexual assault trauma. The 

training shall include such elements as the Secretary shall specify 

for purposes of this section. 


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(b) COVERED PERSONNEL.—The personnel of the Department of 

Defense covered by subsection (a) are the following: 

(1) Personnel of military criminal investigation services. 

(2) Personnel of Inspectors General offices. 

(3) Personnel of any command of the Armed Forces who are 

assignable by the commander of such command to investigate 

claims of retaliation made by or against members of such command. 

(c) RETALIATION DEFINED.—In this section, the term ‘‘retaliation’’ has the meaning given the term by the Secretary of Defense in 

the strategy required by section 539 of the National Defense Authorization Act of Fiscal Year 2016 (Public Law 114–92; 129 Stat. 818) 

or a subsequent meaning specified by the Secretary. 

SEC. 547. NOTIFICATION TO COMPLAINANTS OF RESOLUTION OF INVESTIGATIONS INTO RETALIATION. 

(a) NOTIFICATION REQUIRED.— 

(1) MEMBERS OF THE ARMY, NAVY, AIR FORCE, AND MARINE

CORPS.—Under regulations prescribed by the Secretary of Defense, upon the conclusion of an investigation by an office, element, or personnel of the Department of Defense or of the 

Armed Forces of a complaint by a member of the Armed Forces 

of retaliation, the member shall be informed in writing of the 

results of the investigation, including whether the complaint 

was substantiated, unsubstantiated, or dismissed. 

(2) MEMBERS OF COAST GUARD.—The Secretary of Homeland Security shall provide in a similar manner for notification 

in writing of the results of investigations by offices, elements, or 

personnel of the Department of Homeland Security or of the 

Coast Guard of complaints of retaliation made by members of 

the Coast Guard when it is not operating as a service in the 

Navy. 

(b) RETALIATION DEFINED.—In this section, the term ‘‘retaliation’’ has the meaning given the term by the Secretary of Defense in 

the strategy required by section 539 of the National Defense Authorization Act of Fiscal Year 2016 (Public Law 114–92; 129 Stat. 818) 

or a subsequent meaning specified by the Secretary. 

SEC. 548. MODIFICATION OF DEFINITION OF SEXUAL HARASSMENT 

FOR PURPOSES OF INVESTIGATIONS BY COMMANDING OFFICERS OF COMPLAINTS OF HARASSMENT. 

(a) IN GENERAL.—Section 1561(e) of title 10, United States 

Code, is amended— 

(1) in paragraph (1)— 

(A) in the matter preceding subparagraph (A), by striking ‘‘(constituting a form of sex discrimination)’’; and 

(B) in subparagraph (B), by striking ‘‘the work environment’’ and inserting ‘‘the environment’’; and 

(2) in paragraph (3), by striking ‘‘in the workplace’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection (a) 

shall take effect on the date of the enactment of this Act, and shall 

apply with respect to complaints described in section 1561 of title 

10, United States Code, that are first received by a commanding officer or officer in charge on or after that date. 


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SEC. 549. IMPROVED DEPARTMENT OF DEFENSE PREVENTION OF AND 

RESPONSE TO HAZING IN THE ARMED FORCES. 

(a) ANTI-HAZING DATABASE.—The Secretary of Defense shall 

provide for the establishment and use of a comprehensive and consistent data-collection system for the collection of reports, including 

anonymous reports, of incidents of hazing involving a member of the 

Armed Forces. The Secretary shall issue department-wide guidance 

regarding the availability and use of the database, including information on protected classes, such as race and religion, who are often 

the victims of hazing. 

(b) IMPROVED TRAINING.—Each Secretary of a military department, in consultation with the Chief of Staff of each Armed Force 

under the jurisdiction of such Secretary, shall seek to improve training to assist members of the Armed Forces better recognize, prevent, 

and respond to hazing at all command levels. 

(c) ANNUAL REPORTS ON HAZING.— 

(1) REPORT REQUIRED.—Not later than January 31 of each 

year through January 31, 2021, each Secretary of a military department, in consultation with the Chief of Staff of each Armed 

Force under the jurisdiction of such Secretary, shall submit to 

the Committees on Armed Services of the Senate and the House 

of Representatives a report containing a description of efforts 

during the previous year— 

(A) to prevent and to respond to incidents of hazing involving members of the Armed Forces; 

(B) to track and encourage reporting, including reporting anonymously, incidents of hazing in the Armed Force; 

and 

(C) to ensure the consistent implementation of anti-hazing policies. 

(2) ADDITIONAL ELEMENTS.—Each report required by this 

subsection also shall address the same elements originally addressed in the anti-hazing reports required by section 534 of the 

National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1726). 

Subtitle F—National Commission on Military, National, and 

Public Service 

SEC. 551. PURPOSE, SCOPE, AND DEFINITIONS. 

(a) PURPOSE.—The purpose of this subtitle is to establish the 

National Commission on Military, National, and Public Service 

to— 

(1) conduct a review of the military selective service process 

(commonly referred to as ‘‘the draft’’); and 

(2) consider methods to increase participation in military, 

national, and public service in order to address national security and other public service needs of the Nation. 

(b) SCOPE OF REVIEW.—In order to provide the fullest understanding of the matters required under the review under subsection 

(a), the Commission shall consider— 

(1) the need for a military selective service process, including the continuing need for a mechanism to draft large numbers of replacement combat troops; 


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(2) means by which to foster a greater attitude and ethos 

of service among United States youth, including an increased 

propensity for military service; 

(3) the feasibility and advisability of modifying the military 

selective service process in order to obtain for military, national, 

and public service individuals with skills (such as medical, 

dental, and nursing skills, language skills, cyber skills, and 

science, technology, engineering, and mathematics (STEM) 

skills) for which the Nation has a critical need, without regard 

to age or sex; and 

(4) the feasibility and advisability of including in the military selective service process, as so modified, an eligibility or entitlement for the receipt of one or more Federal benefits (such 

as educational benefits, subsidized or secured student loans, 

grants or hiring preferences) specified by the Commission for 

purposes of the review. 

(c) DEFINITIONS.—In this subtitle: 

(1) The term ‘‘military service’’ means active service (as that 

term is defined in subsection (d)(3) of section 101 of title 10, 

United States Code) in one of the uniformed services (as that 

term is defined in subsection (a)(5) of such section). 

(2) The term ‘‘national service’’ means civilian employment 

in Federal or State Government in a field in which the Nation 

and the public have critical needs. 

(3) The term ‘‘public service’’ means civilian employment in 

any non-governmental capacity, including with private for-profit organizations and non-profit organizations (including with 

appropriate faith-based organizations), that pursues and enhances the common good and meets the needs of communities, 

the States, or the Nation in sectors related to security, health, 

care for the elderly, and other areas considered appropriate by 

the Commission for purposes of this subtitle. 

SEC. 552. PRELIMINARY REPORT ON PURPOSE AND UTILITY OF REGISTRATION SYSTEM UNDER MILITARY SELECTIVE SERVICE ACT. 

(a) REPORT REQUIRED.—To assist the Commission in carrying 

out its duties under this subtitle, the Secretary of Defense shall— 

(1) submit, not later than July 1, 2017, to the Committees 

on Armed Services of the Senate and the House of Representatives and to the Commission a report on the current and future 

need for a centralized registration system under the Military 

Selective Service Act (50 U.S.C. 3801 et seq.); and 

(2) provide a briefing on the results of the report. 

(b) ELEMENTS OF REPORT.—The report required by subsection 

(a) shall include the following: 

(1) A detailed analysis of the current benefits derived, both 

directly and indirectly, from the Military Selective Service System, including— 

(A) the extent to which mandatory registration benefits 

military recruiting; 

(B) the extent to which a national registration capability serves as a deterrent to potential enemies of the 

United States; and 

(C) the extent to which expanding registration to include women would impact these benefits. 


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(2) An analysis of the functions currently performed by the 

Selective Service System that would be assumed by the Department of Defense in the absence of a national registration capability. 

(3) An analysis of the systems, manpower, and facilities 

that would be needed by the Department to physically mobilize 

inductees in the absence of the Selective Service System. 

(4) An analysis of the feasibility and utility of eliminating 

the current focus on mass mobilization of primarily combat 

troops in favor of a system that focuses on mobilization of all 

military occupational specialties, and the extent to which such 

a change would impact the need for both male and female inductees. 

(5) A detailed analysis of the Department’s personnel needs 

in the event of an emergency requiring mass mobilization, including— 

(A) a detailed timeline, along with the factors considered in arriving at this timeline, of when the Department 

would require— 

(i) the first inductees to report for service; 

(ii) the first 100,000 inductees to report for service; 

and 

(iii) the first medical personnel to report for service; and 

(B) an analysis of any additional critical skills that 

would be needed in the event of a national emergency, and 

a timeline for when the Department would require the first 

inductees to report for service. 

(6) A list of the assumptions used by the Department when 

conducting its analysis in preparing the report. 

(c) COMPTROLLER GENERAL REVIEW.—Not later than December 

1, 2017, the Comptroller General of the United States shall submit 

to the Committees on Armed Services of the Senate and the House 

of Representatives and to the Commission a review of the procedures 

used by the Department of Defense in evaluating selective service requirements. 

SEC. 553. NATIONAL COMMISSION ON MILITARY, NATIONAL, AND PUBLIC SERVICE. 

(a) ESTABLISHMENT.—There is established in the executive 

branch an independent commission to be known as the National 

Commission on Military, National, and Public Service (in this subtitle referred to as the ‘‘Commission’’). The Commission shall be considered an independent establishment of the Federal Government as 

defined by section 104 of title 5, United States Code, and a temporary organization under section 3161 of such title. 

(b) MEMBERSHIP.— 

(1) NUMBER AND APPOINTMENT.—The Commission shall be 

composed of 11 members appointed as follows: 

(A) The President shall appoint three members. 

(B) The Majority Leader of the Senate shall appoint 

one member. 

(C) The Minority Leader of the Senate shall appoint 

one member. 

(D) The Speaker of the House of Representatives shall 

appoint one member. 


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(E) The Minority Leader of the House of Representatives shall appoint one member. 

(F) The Chairman of the Committee on Armed Services 

of the Senate shall appoint one member. 

(G) The ranking minority member of the Committee on 

Armed Services of the Senate shall appoint one member. 

(H) The Chairman of the Committee on Armed Services 

of the House of Representatives shall appoint one member. 

(I) The ranking minority member of the Committee on 

Armed Services of the House of Representatives shall appoint one member. 

(2) DEADLINE FOR APPOINTMENT.—Members shall be appointed to the Commission under paragraph (1) not later than 

90 days after the Commission establishment date. 

(3) EFFECT OF LACK OF APPOINTMENT BY APPOINTMENT

DATE.—If one or more appointments under subparagraph (A) of 

paragraph (1) is not made by the appointment date specified in 

paragraph (2), the authority to make such appointment or appointments shall expire, and the number of members of the 

Commission shall be reduced by the number equal to the number of appointments so not made. If an appointment under subparagraph (B), (C), (D), (E), (F), (G), (H), or (I) of paragraph 

(1) is not made by the appointment date specified in paragraph 

(2), the authority to make an appointment under such subparagraph shall expire, and the number of members of the Commission shall be reduced by the number equal to the number otherwise appointable under such subparagraph. 

(c) CHAIR AND VICE CHAIR.—The Commission shall elect a 

Chair and Vice Chair from among its members. 

(d) TERMS.—Members shall be appointed for the life of the 

Commission. A vacancy in the Commission shall not affect its powers, and shall be filled in the same manner as the original appointment was made. 

(e) STATUS AS FEDERAL EMPLOYEES.—Notwithstanding the requirements of section 2105 of title 5, United States Code, including 

the required supervision under subsection (a)(3) of such section, the 

members of the Commission shall be deemed to be Federal employees. 

(f) PAY FOR MEMBERS OF THE COMMISSION.— (1) IN GENERAL.—Each member, other than the Chair, of 

the Commission shall be paid at a rate equal to the daily equivalent of the annual rate of basic pay payable for level IV of the 

Executive Schedule under section 5315 of title 5, United States 

Code, for each day (including travel time) during which the 

member is engaged in the actual performance of duties vested 

in the Commission. 

(2) CHAIR.—The Chair of the Commission shall be paid at 

a rate equal to the daily equivalent of the annual rate of basic 

pay payable for level III of the Executive Schedule under section 

5314, of title 5, United States Code, for each day (including 

travel time) during which the member is engaged in the actual 

performance of duties vested in the Commission. 

(g) USE OF GOVERNMENT INFORMATION.—The Commission may 

secure directly from any department or agency of the Federal Government such information as the Commission considers necessary to 


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carry out its duties. Upon such request of the chair of the Commission, the head of such department or agency shall furnish such information to the Commission. 

(h) POSTAL SERVICES.—The Commission may use the United 

States mails in the same manner and under the same conditions as 

departments and agencies of the United States. 

(i) AUTHORITY TO ACCEPT GIFTS.—The Commission may accept, use, and dispose of gifts or donations of services, goods, and 

property from non-Federal entities for the purposes of aiding and facilitating the work of the Commission. The authority in this subsection does not extend to gifts of money. 

(j) PERSONAL SERVICES.— 

(1) AUTHORITY TO PROCURE.—The Commission may— 

(A) procure the services of experts or consultants (or of 

organizations of experts or consultants) in accordance with 

the provisions of section 3109 of title 5, United States Code; 

and 

(B) pay in connection with such services travel expenses 

of individuals, including transportation and per diem in 

lieu of subsistence, while such individuals are traveling 

from their homes or places of business to duty stations. 

(2) LIMITATION.—The total number of experts or consultants 

procured pursuant to paragraph (1) may not exceed five experts 

or consultants. 

(3) MAXIMUM DAILY PAY RATES.—The daily rate paid an expert or consultant procured pursuant to paragraph (1) may not 

exceed the daily rate paid a person occupying a position at level 

IV of the Executive Schedule under section 5315 of title 5, 

United States Code. 

(k) FUNDING.—Of the amounts authorized to be appropriated by 

this Act for fiscal year 2017 for the Department of Defense, up to 

$15,000,000 shall be made available to the Commission to carry out 

its duties under this subtitle. Funds made available to the Commission under the preceding sentence shall remain available until expended. 

SEC. 554. COMMISSION HEARINGS AND MEETINGS. 

(a) IN GENERAL.—The Commission shall conduct hearings on 

the recommendations it is taking under consideration. Any such 

hearing, except a hearing in which classified information is to be 

considered, shall be open to the public. Any hearing open to the public shall be announced on a Federal website at least 14 days in advance. For all hearings open to the public, the Commission shall release an agenda and a listing of materials relevant to the topics to 

be discussed. The Commission is authorized and encouraged to hold 

hearings and meetings in various locations throughout the country 

to provide maximum opportunity for public comment and participation in the Commission’s execution of its duties. 

(b) MEETINGS.— 

(1) INITIAL MEETING.—The Commission shall hold its initial meeting not later than 30 days after the date as of which 

all members have been appointed. 

(2) SUBSEQUENT MEETINGS.—After its initial meeting, the 

Commission shall meet upon the call of the chair or a majority 

of its members. 


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(3) PUBLIC MEETINGS.—Each meeting of the Commission 

shall be held in public unless any member objects or classified 

information is to be considered. 

(c) QUORUM.—Six members of the Commission shall constitute 

a quorum, but a lesser number may hold hearings or meetings. 

(d) PUBLIC COMMENTS.— 

(1) SOLICITATION.—The Commission shall seek written 

comments from the general public and interested parties on 

matters of the Commission’s review under this subtitle. Comments shall be requested through a solicitation in the Federal 

Register and announcement on the Internet website of the Commission. 

(2) PERIOD FOR SUBMITTAL.—The period for the submittal 

of comments pursuant to the solicitation under paragraph (1) 

shall end not earlier than 30 days after the date of the solicitation and shall end on or before the date on which recommendations are transmitted to the Commission under section 555(d). 

(3) USE BY COMMISSION.—The Commission shall consider 

the comments submitted under this subsection when developing 

its recommendations. 

(e) SPACE FOR USE OF COMMISSION.—Not later than 90 days 

after the date of the enactment of this Act, the Administrator of General Services, in consultation with the Secretary, shall identify and 

make available suitable excess space within the Federal space inventory to house the operations of the Commission. If the Administrator 

is not able to make such suitable excess space available within such 

90-day period, the Commission may lease space to the extent the 

funds are available. 

(f) CONTRACTING AUTHORITY.—The Commission may acquire 

administrative supplies and equipment for Commission use to the 

extent funds are available. 

SEC. 555. PRINCIPLES AND PROCEDURE FOR COMMISSION RECOMMENDATIONS. 

(a) CONTEXT OF COMMISSION REVIEW.—The Commission 

shall— 

(1) conduct a review of the military selective service process; 

and 

(2) consider methods to increase participation in military, 

national, and public service opportunities to address national 

security and other public service needs of the Nation. 

(b) DEVELOPMENT OF COMMISSION RECOMMENDATIONS.—The 

Commission shall develop recommendations on the matters subject 

to its review under subsection (a) that are consistent with the principles established by the President under subsection (c). 

(c) PRESIDENTIAL PRINCIPLES.— 

(1) IN GENERAL.—Not later than three months after the 

Commission establishment date, the President shall establish 

and transmit to the Commission and Congress principles for reform of the military selective service process, including means 

by which to best acquire for the Nation skills necessary to meet 

the military, national, and public service requirements of the 

Nation in connection with that process. 

(2) ELEMENTS.—The principles required under this subsection shall address the following: 


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(A) Whether, in light of the current and predicted global security environment and the changing nature of warfare, there continues to be a continuous or potential need 

for a military selective service process designed to produce 

large numbers of combat members of the Armed Forces, 

and if so, whether such a system should include mandatory 

registration by all citizens and residents, regardless of sex. 

(B) The need, and how best to meet the need, of the Nation, the military, the Federal civilian sector, and the private sector (including the non-profit sector) for individuals 

possessing critical skills and abilities, and how best to employ individuals possessing those skills and abilities for 

military, national, or public service. 

(C) How to foster within the Nation, particularly 

among United States youth, an increased sense of service 

and civic responsibility in order to enhance the acquisition 

by the Nation of critically needed skills through education 

and training, and how best to acquire those skills for military, national, or public service. 

(D) How to increase a propensity among United States 

youth for service in the military, or alternatively in national or public service, including how to increase the pool 

of qualified applicants for military service. 

(E) The need in Government, including the military, 

and in the civilian sector to increase interest, education, 

and employment in certain critical fields, including science, 

technology, engineering, and mathematics (STEM), national security, cyber, linguistics and foreign language, education, health care, and the medical professions. 

(F) How military, national, and public service may be 

incentivized, including through educational benefits, 

grants, federally-insured loans, Federal or State hiring 

preferences, or other mechanisms that the President considers appropriate. 

(G) Any other matters the President considers appropriate for purposes of this subtitle. 

(d) CABINET RECOMMENDATIONS.—Not later than seven months 

after the Commission establishment date, the Secretary of Defense, 

the Attorney General, the Secretary of Homeland Security, the Secretary of Labor, and such other Government officials, and such experts, as the President shall designate for purposes of this subsection shall jointly transmit to the Commission and Congress recommendations for the reform of the military selective service process 

and military, national, and public service in connection with that 

process. 

(e) COMMISSION REPORT AND RECOMMENDATIONS.— 

(1) REPORT.—Not later than 30 months after the Commission establishment date, the Commission shall transmit to the 

President and Congress a report containing the findings and 

conclusions of the Commission, together with the recommendations of the Commission regarding the matters reviewed by the 

Commission pursuant to this subtitle. The Commission shall include in the report legislative language and recommendations 

for administrative action to implement the recommendations of 

the Commission. The findings and conclusions in the report 


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shall be based on the review and analysis by the Commission 

of the recommendations made under subsection (d). 

(2) REQUIREMENT FOR APPROVAL.—The recommendations of 

the Commission must be approved by at least five members of 

the Commission before the recommendations may be transmitted to the President and Congress under paragraph (1). 

(3) PUBLIC AVAILABILITY.—The Commission shall publish a 

copy of the report required by paragraph (1) on an Internet 

website available to the public on the same date on which it 

transmits that report to the President and Congress under that 

paragraph. 

(f) JUDICIAL REVIEW PRECLUDED.—Actions under this section of 

the President, the officials specified or designated under subsection 

(d), and the Commission shall not be subject to judicial review. 

SEC. 556. EXECUTIVE DIRECTOR AND STAFF. 

(a) EXECUTIVE DIRECTOR.—The Commission shall appoint and 

fix the rate of basic pay for an Executive Director in accordance 

with section 3161 of title 5, United States Code. 

(b) STAFF.—Subject to subsections (c) and (d), the Executive Director, with the approval of the Commission, may appoint and fix 

the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161 of title 5, United States 

Code. 

(c) LIMITATIONS ON STAFF.— 

(1) NUMBER OF DETAILEES FROM EXECUTIVE DEPARTMENTS.—Not more than one-third of the personnel employed by 

or detailed to the Commission may be on detail from the Department of Defense and other executive branch departments. 

(2) PRIOR DUTIES WITHIN EXECUTIVE BRANCH.—A person 

may not be detailed from the Department of Defense or other executive branch department to the Commission if, in the year before the detail is to begin, that person participated personally 

and substantially in any matter concerning the preparation of 

recommendations for the military selective service process and 

military and public service in connection with that process. 

(d) LIMITATIONS ON PERFORMANCE REVIEWS.—No member of 

the uniformed services, and no officer or employee of the Department 

of Defense or other executive branch department (other than a member of the uniformed services or officer or employee who is detailed 

to the Commission), may— 

(1) prepare any report concerning the effectiveness, fitness, 

or efficiency of the performance of the staff of the Commission 

or any person detailed to that staff; 

(2) review the preparation of such a report (other than for 

administrative accuracy); or 

(3) approve or disapprove such a report. 

SEC. 557. TERMINATION OF COMMISSION. 

Except as otherwise provided in this subtitle, the Commission 

shall terminate not later than 36 months after the Commission establishment date. 


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Subtitle G—Member Education, Training, Resilience, and 

Transition 

SEC. 561. MODIFICATION OF PROGRAM TO ASSIST MEMBERS OF THE 

ARMED FORCES IN OBTAINING PROFESSIONAL CREDENTIALS. 

(a) SCOPE OF PROGRAM.—Section 2015(a)(1) of title 10, United 

States Code, is amended by striking ‘‘incident to the performance of 

their military duties’’. 

(b) QUALITY ASSURANCE OF CERTIFICATION PROGRAMS AND

STANDARDS.—Section 2015(c) of title 10, United States Code, is 

amended— 

(1) in paragraph (1), by striking ‘‘is accredited by an accreditation body that’’ and all that follows and inserting ‘‘meets 

one of the requirements specified in paragraph (2).’’; and 

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

new paragraph (2): 

‘‘(2) The requirements for a credentialing program specified 

in this paragraph are that the credentialing program— 

‘‘(A) is accredited by a nationally-recognized, thirdparty personnel certification program accreditor; 

‘‘(B)(i) is sought or accepted by employers within the industry or sector involved as a recognized, preferred, or required credential for recruitment, screening, hiring, retention, or advancement purposes; and 

‘‘(ii) where appropriate, is endorsed by a nationally-recognized trade association or organization representing a 

significant part of the industry or sector; 

‘‘(C) grants licenses that are recognized by the Federal 

Government or a State government; or 

‘‘(D) meets credential standards of a Federal agency.’’. 

SEC. 562. INCLUSION OF ALCOHOL, PRESCRIPTION DRUG, OPIOID, AND 

OTHER SUBSTANCE ABUSE COUNSELING AS PART OF REQUIRED PRESEPARATION COUNSELING. 

Section 1142(b)(11) of title 10, United States Code, is amended 

by inserting before the period the following: ‘‘and information concerning the availability of treatment options and resources to address substance abuse, including alcohol, prescription drug, and 

opioid abuse’’. 

SEC. 563. INCLUSION OF INFORMATION IN TRANSITION ASSISTANCE 

PROGRAM REGARDING EFFECT OF RECEIPT OF BOTH VETERAN DISABILITY COMPENSATION AND VOLUNTARY SEPARATION PAY. 

Section 1144(b) of title 10, United States Code, is amended by 

adding at the end the following new paragraph: 

‘‘(10) Provide information regarding the required deduction, 

pursuant to subsection (h) of section 1175a of this title, from 

disability compensation paid by the Secretary of Veterans Affairs of amounts equal to any voluntary separation pay received 

by the member under such section.’’. 

SEC. 564. TRAINING UNDER TRANSITION ASSISTANCE PROGRAM ON 

CAREER AND EMPLOYMENT OPPORTUNITIES ASSOCIATED 

WITH TRANSPORTATION SECURITY CARDS. 

(a) IN GENERAL.—Section 1144(b) of title 10, United States 

Code, as amended by section 563, is further amended by adding at 

the end the following new paragraph: 


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‘‘(11) Acting through the Secretary of the department in 

which the Coast Guard is operating, provide information on career and employment opportunities available to members with 

transportation security cards issued under section 70105 of title 

46.’’. 

(b) DEADLINE FOR IMPLEMENTATION.—The program carried out 

under section 1144 of title 10, United States Code, shall satisfy the 

requirements of subsection (b)(11) of such section (as added by subsection (a) of this section) by not later than 180 days after the date 

of the enactment of this Act. 

SEC. 565. EXTENSION OF SUICIDE PREVENTION AND RESILIENCE PROGRAM. 

Section 10219(g) of title 10, United States Code, is amended by 

striking ‘‘October 1, 2017’’ and inserting ‘‘October 1, 2018’’. 

SEC. 566. CONGRESSIONAL NOTIFICATION IN ADVANCE OF APPOINTMENTS TO SERVICE ACADEMIES. 

(a) UNITED STATES MILITARY ACADEMY.—Section 4342(a) of 

title 10, United States Code, is amended in the matter after paragraph (10) by adding at the end the following new sentence: ‘‘When 

a nominee of a Senator, Representative, or Delegate is selected for 

appointment as a cadet, the Senator, Representative, or Delegate 

shall be notified at least 48 hours before the official notification or 

announcement of the appointment is made.’’. 

(b) UNITED STATES NAVAL ACADEMY.—Section 6954(a) of title 

10, United States Code, is amended in the matter after paragraph 

(10) by adding at the end the following new sentence: ‘‘When a 

nominee of a Senator, Representative, or Delegate is selected for appointment as a midshipman, the Senator, Representative, or Delegate shall be notified at least 48 hours before the official notification 

or announcement of the appointment is made.’’. 

(c) UNITED STATES AIR FORCE ACADEMY.—Section 9342(a) of 

title 10, United States Code, is amended in the matter after paragraph (10) by adding at the end the following new sentence: ‘‘When 

a nominee of a Senator, Representative, or Delegate is selected for 

appointment as a cadet, the Senator, Representative, or Delegate 

shall be notified at least 48 hours before the official notification or 

announcement of the appointment is made.’’. 

(d) UNITED STATES MERCHANT MARINE ACADEMY.—Section 

51302 of title 46, United States Code, is amended by adding at the 

end the following: 

‘‘(e) CONGRESSIONAL NOTIFICATION IN ADVANCE OF APPOINTMENTS.—When a nominee of a Senator, Representative, or Delegate 

is selected for appointment as a cadet, the Senator, Representative, 

or Delegate shall be notified at least 48 hours before the official notification or announcement of the appointment is made.’’. 

(e) APPLICATION OF AMENDMENTS.—The amendments made by 

this section shall apply with respect to the appointment of cadets 

and midshipmen to the United States Military Academy, the United 

States Naval Academy, the United States Air Force Academy, and 

the United States Merchant Marine Academy for classes entering 

these service academies after January 1, 2018. 


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SEC. 567. REPORT AND GUIDANCE ON JOB TRAINING, EMPLOYMENT 

SKILLS TRAINING, APPRENTICESHIPS, AND INTERNSHIPS 

AND SKILLBRIDGE INITIATIVES FOR MEMBERS OF THE 

ARMED FORCES WHO ARE BEING SEPARATED. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives, and make 

available to the public, a report evaluating the success of the Job 

Training, Employment Skills Training, Apprenticeships, and Internships (known as JTEST–AI) and SkillBridge initiatives, under 

which civilian businesses and companies make available to members of the Armed Forces who are being separated from the Armed 

Forces training or internship opportunities that offer a high probability of employment for the members after their separation. 

(b) ELEMENTS.—In preparing the report required by subsection 

(a), the Under Secretary of Defense for Personnel and Readiness 

shall use the effectiveness metrics described in Enclosure 5 of Department of Defense Instruction No. 1322.29. The report shall include the following: 

(1) An assessment of the successes of the Job Training, Employment Skills Training, Apprenticeships, and Internships and 

SkillBridge initiatives. 

(2) Recommendations by the Under Secretary on ways in 

which the administration of the initiatives could be improved. 

(3) Recommendations by civilian companies participating 

in the initiatives on ways in which the administration of the 

initiatives could be improved. 

SEC. 568. MILITARY-TO-MARINER TRANSITION. 

(a) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of 

the department in which the Coast Guard is operating shall jointly 

report to the Committee on Armed Services and the Committee on 

Transportation and Infrastructure of the House of Representatives 

and the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate on steps the Departments of Defense and Homeland Security have taken or intend 

to take— 

(1) to maximize the extent to which United States Armed 

Forces service, training, and qualifications are creditable toward meeting the laws and regulations governing United States 

merchant mariner license, certification, and document laws and 

the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, including steps to 

enhance interdepartmental coordination; and 

(2) to promote better awareness among Armed Forces personnel who serve in vessel operating positions of the requirements for postservice use of Armed Forces training, education, 

and practical experience in satisfaction of requirements for merchant mariner credentials under section 11.213 of title 46, Code 

of Federal Regulations, and the need to document such service 

in a manner suitable for post-service use. 

(b) LIST OF TRAINING PROGRAMS.—The report under subsection 

(a) shall include a list of Army, Navy, and Coast Guard training 


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programs open to Army, Navy, and Coast Guard vessel operators, 

respectively, that shows— 

(1) which programs have been approved for credit toward 

merchant mariner credentials; 

(2) which programs are under review for such approval; 

(3) which programs are not relevant to the training needed 

for merchant mariner credentials; and 

(4) which programs could become eligible for credit toward 

merchant mariner credentials with minor changes. 

Subtitle H—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. 

(a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS OF

MILITARY DEPENDENT STUDENTS.—Of the amount authorized to be 

appropriated for fiscal year 2017 by section 301 and available for 

operation and maintenance for Defense-wide activities as specified 

in the funding table in division D, $30,000,000 shall be available 

only for the purpose of providing assistance to local educational 

agencies under subsection (a) of section 572 of the National Defense 

Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 

U.S.C. 7703b). 

(b) IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.—Of 

the amount authorized to be appropriated for fiscal year 2017 by 

section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 

4301, $5,000,000 shall be available for payments under section 363 

of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 

Stat. 1654A–77; 20 U.S.C. 7703a). 

(c) LOCAL EDUCATIONAL AGENCY DEFINED.—In this section, the 

term ‘‘local educational agency’’ has the meaning given that term in 

section 8013(9) of the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 7713(9)). 

SEC. 572. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO THE 

TRANSITION AND SUPPORT OF MILITARY DEPENDENT 

STUDENTS TO LOCAL EDUCATIONAL AGENCIES. 

(a) EXTENSION.—Section 574(c)(3) of the John Warner National 

Defense Authorization Act for Fiscal Year 2007 (20 U.S.C. 7703b 

note) is amended by striking ‘‘September 30, 2016’’ and inserting 

‘‘September 30, 2017’’. 

(b) INFORMATION TO BE INCLUDED WITH FUTURE REQUESTS

FOR EXTENSION.—The budget justification materials that accompany any budget of the President for a fiscal year after fiscal year 

2017 (as submitted to Congress pursuant to section 1105 of title 31, 

United States Code) that includes a request for the extension of section 574(c) of the John Warner National Defense Authorization Act 

for Fiscal Year 2007 shall include the following: 

(1) A full accounting of the expenditure of funds pursuant 

to such section 574(c) during the last fiscal year ending before 

the date of the submittal of the budget. 


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(2) An assessment of the impact of the expenditure of such 

funds on the quality of opportunities for elementary and secondary education made available for military dependent students. 

SEC. 573. ANNUAL NOTICE TO MEMBERS OF THE ARMED FORCES REGARDING CHILD CUSTODY PROTECTIONS GUARANTEED 

BY THE SERVICEMEMBERS CIVIL RELIEF ACT. 

The Secretaries of each of the military departments shall ensure 

that each member of the Armed Forces with dependents receives annually, and prior to each deployment, notice of the child custody 

protections afforded to members of the Armed Forces under the 

Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.). 

SEC. 574. REQUIREMENT FOR ANNUAL FAMILY ADVOCACY PROGRAM 

REPORT REGARDING CHILD ABUSE AND DOMESTIC VIOLENCE. 

(a) ANNUAL REPORT ON CHILD ABUSE AND DOMESTIC VIOLENCE.—Not later than April 30, 2017, and annually thereafter 

through April 30, 2021, the Secretary of Defense shall submit to the 

Committees on Armed Services of the House of Representatives and 

the Senate a report on the child abuse and domestic abuse incident 

data from the Department of Defense Family Advocacy Program 

central registry of child abuse and domestic abuse incidents for the 

preceding calendar year. 

(b) CONTENTS.—The report shall contain each of the following: 

(1) The number of incidents reported during the year covered by the report involving— 

(A) spouse physical or sexual abuse; 

(B) intimate partner physical or sexual abuse; 

(C) child physical or sexual abuse; and 

(D) child or domestic abuse resulting in a fatality. 

(2) An analysis of the number of such incidents that met 

the criteria for substantiation. 

(3) An analysis of— 

(A) the types of abuse reported; 

(B) for cases involving children as the reported victims 

of the abuse, the ages of the abused children; and 

(C) other relevant characteristics of the reported victims. 

(4) An analysis of the military status, sex, and pay grade 

of the alleged perpetrator of the child or domestic abuse. 

(5) An analysis of the effectiveness of the Family Advocacy 

Program. 

(c) COORDINATION OF RELEASE DATE BETWEEN ANNUAL REPORTS REGARDING SEXUAL ASSAULTS AND FAMILY ADVOCACY PROGRAM REPORT.—The Secretary of Defense shall ensure that the sexual assault reports required to be submitted under section 1631(d) 

of the Ike Skelton National Defense Authorization Act for Fiscal 

Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) for a year are 

delivered to the Committees on Armed Services of the House of Representatives and the Senate simultaneously with the report for that 

year required under this section. 

SEC. 575. REPORTING ON ALLEGATIONS OF CHILD ABUSE IN MILITARY 

FAMILIES AND HOMES. 

(a) REPORTS TO FAMILY ADVOCACY PROGRAM OFFICES.— 


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(1) IN GENERAL.—The following information shall be reported immediately to the Family Advocacy Program office at 

the military installation to which the member of the Armed 

Forces concerned is assigned: 

(A) Credible information (which may include a reasonable belief), obtained by any individual within the chain of 

command of the member, that a child in the family or 

home of the member has suffered an incident of child 

abuse. 

(B) Information, learned by a member of the Armed 

Forces engaged in a profession or activity described in section 226(b) of the Victims of Child Abuse Act of 1990 (42 

U.S.C. 13031(b)) for members of the Armed Forces and 

their dependents, that gives reason to suspect that a child 

in the family or home of the member has suffered an incident of child abuse. 

(2) REGULATIONS.—The Secretary of Defense and the Secretary of Homeland Security (with respect to the Coast Guard 

when it is not operating as a service in the Navy) shall jointly 

prescribe regulations to carry out this subsection. 

(3) CHILD ABUSE DEFINED.—In this subsection, the term 

‘‘child abuse’’ has the meaning given that term in section 226(c) 

of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13031(c)). 

(b) REPORTS TO STATE CHILD WELFARE SERVICES.—Section 226 

of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13031) is 

amended— 

(1) in subsection (a), by inserting ‘‘ and to the agency or 

agencies provided for in subsection (e), if applicable’’ before the 

period; 

(2) by redesignating subsections (e) and (f) as subsections 

(f) and (g), respectively; and 

(3) by inserting after subsection (d) the following new subsection (e): 

‘‘(e) REPORTERS AND RECIPIENT OF REPORT INVOLVING CHILDREN AND HOMES OF MEMBERS OF THE ARMED FORCES.— 

‘‘(1) RECIPIENTS OF REPORTS.—In the case of an incident 

described in subsection (a) involving a child in the family or 

home of member of the Armed Forces (regardless of whether the 

incident occurred on or off a military installation), the report 

required by subsection (a) shall be made to the appropriate 

child welfare services agency or agencies of the State in which 

the child resides. The Attorney General, the Secretary of Defense, and the Secretary of Homeland Security (with respect to 

the Coast Guard when it is not operating as a service in the 

Navy) shall jointly, in consultation with the chief executive officers of the States, designate the child welfare service agencies 

of the States that are appropriate recipients of reports pursuant 

to this subsection. Any report on an incident pursuant to this 

subsection is in addition to any other report on the incident 

pursuant to this section. 

‘‘(2) MAKERS OF REPORTS.—For purposes of the making of 

reports under this section pursuant to this subsection, the persons engaged in professions and activities described in subsection (b) shall include members of the Armed Forces who are 


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engaged in such professions and activities for members of the 

Armed Forces and their dependents.’’. 

SEC. 576. REPEAL OF ADVISORY COUNCIL ON DEPENDENTS’ EDUCATION. 

Section 1411 of the Defense Dependents’ Education Act of 1978 

(20 U.S.C. 929) is repealed. 

SEC. 577. SUPPORT FOR PROGRAMS PROVIDING CAMP EXPERIENCE 

FOR CHILDREN OF MILITARY FAMILIES. 

(a) AUTHORITY TO PROVIDE SUPPORT.—The Secretary of Defense 

may provide financial or non-monetary support to qualified nonprofit organizations in order to assist such organizations in carrying out programs to support the attendance at a camp, or camplike setting, of children of military families who have experienced 

the death of a family member or other loved one or who have another family member living with a substance use disorder or posttraumatic stress disorder. 

(b) APPLICATION FOR SUPPORT.— 

(1) IN GENERAL.—Each organization seeking support pursuant to subsection (a) shall submit to the Secretary of Defense an 

application therefor containing such information as the Secretary shall specify for purposes of this section. 

(2) CONTENTS.—Each application submitted under paragraph (1) shall include the following: 

(A) A description of the program for which support is 

being sought, including the location of the setting or settings under the program, the duration of such setting or 

settings, any local partners participating in or contributing 

to the program, and the ratio of counselors, trained volunteers, or both to children at such setting or settings. 

(B) An estimate of the number of children of military 

families to be supported using the support sought. 

(C) A description of the type of activities that will be 

conducted using the support sought, including the manner 

in which activities are particularly supportive to children of 

military families described in subsection (a). 

(D) A description of the outreach conducted or to be 

conducted by the organization to military families regarding the program. 

(c) USE OF SUPPORT.—Support provided by the Secretary of Defense to an organization pursuant to subsection (a) shall be used by 

the organization to support attendance at a camp, or camp-like setting, of children of military families described in subsection (a). 

SEC. 578. COMPTROLLER GENERAL OF THE UNITED STATES ASSESSMENT AND REPORT ON EXCEPTIONAL FAMILY MEMBER 

PROGRAMS. 

(a) ASSESSMENT AND REPORT REQUIRED.— 

(1) ASSESSMENT.—The Comptroller General of the United 

States shall conduct an assessment on the effectiveness of each 

Exceptional Family Member Program of the Armed Forces. 

(2) REPORT.—Not later than December 31, 2017, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report 

containing the results of the assessment conducted under this 

subsection. 


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(b) ELEMENTS.—The assessment and report under subsection (a) 

shall address the following: 

(1) The differences between each Exceptional Family Member Program of the Armed Forces. 

(2) The manner in which Exceptional Family Member Programs are implemented on joint bases and installations. 

(3) The extent to which military family members are 

screened for potential coverage under an Exceptional Family 

Member Program and the manner of such screening. 

(4) The degree to which conditions of military family members who qualify for coverage under an Exceptional Family 

Member Program are taken into account in making assignments of military personnel. 

(5) The types of services provided to address the needs of 

military family members who qualify for coverage under an Exceptional Family Member Program. 

(6) The extent to which the Department of Defense has implemented specific directives for providing family support and 

enhanced case management services, such as special needs 

navigators, to military families with special needs children. 

(7) The extent to which the Department has conducted periodic reviews of best practices in the United States for the provision of medical and educational services to military family 

members with special needs. 

(8) The necessity in the Department for an advisory panel 

on community support for military families members with special needs. 

(9) The development and implementation of the uniform 

policy for the Department regarding families with special needs 

required by section 1781c(e) of title 10, United States Code. 

(10) The implementation by each Armed Force of the recommendations in the Government Accountability Report entitled ‘‘Military Dependent Students, Better Oversight Needed to 

Improve Services for Children with Special Needs’’ (GAO–12– 

680). 

SEC. 579. IMPACT AID AMENDMENTS. 

(a) MILITARY ‘‘BUILD TO LEASE’’ PROGRAM HOUSING.—Notwithstanding section 5(d) of the Every Student Succeeds Act (Public Law 

114–95; 129 Stat. 1806), the amendment made by section 7004(1) of 

such Act (Public Law 114–95; 129 Stat. 2077)— 

(1) for fiscal year 2016— 

(A) shall be applied as if amending section 

8003(a)(5)(A) of the Elementary and Secondary Education 

Act of 1965, as in effect on the day before the date of enactment of the Every Student Succeeds Act (Public Law 114– 

95; 129 Stat. 1802); and 

(B) shall be applicable with respect to appropriations 

for use under title VIII of the Elementary and Secondary 

Education Act of 1965 (Public Law 114–95; 129 Stat. 

1802); and 

(2) for fiscal year 2017 and each succeeding fiscal year, 

shall be in effect with respect to appropriations for use under 

title VII of the Elementary and Secondary Education Act of 

1965, as amended by the Every Student Succeeds Act (Public 

Law 114–95; 129 Stat. 1802). 


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(b) ELIGIBILITY FOR HEAVILY IMPACTED LOCAL EDUCATIONAL

AGENCIES.— 

(1) AMENDMENT.—Subclause (I) of section 7003(b)(2)(B)(i) 

of the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7703(b)(2)(B)(i)(I)) is amended to read as follows: 

‘‘(I) is a local educational agency— 

‘‘(aa) whose boundaries are the same as a 

Federal military installation; or 

‘‘(bb)(AA) whose boundaries are the same 

as an island property designated by the Secretary of the Interior to be property that is 

held in trust by the Federal Government; and 

‘‘(BB) that has no taxing authority;’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1) shall take effect with respect to appropriations for use under 

title VII of the Elementary and Secondary Education Act of 

1965, as amended by the Every Student Succeeds Act (Public 

Law 114–95; 129 Stat. 1802), beginning with fiscal year 2017 

and as if enacted as part of title VII of the Every Student Succeeds Act. 

(c) SPECIAL RULE REGARDING THE PER-PUPIL EXPENDITURE RE- QUIREMENT.— (1) REFERENCES.—Except as otherwise expressly provided, 

any reference in this subsection to a section or other provision 

of title VII of the Elementary and Secondary Education Act of 

1965 shall be considered to be a reference to the section or other 

provision of such title VII as amended by the Every Student 

Succeeds Act (Public Law 114–95; 129 Stat. 1802). 

(2) IN GENERAL.—Notwithstanding section 5(d) of the Every 

Student Succeeds Act (Public Law 114–95; 129 Stat. 1806) or 

section 7003(b)(2) of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 7703(b)(2)), with respect to any application submitted under section 7005 of such Act (20 U.S.C. 7705) 

for eligibility consideration under subclause (II) or (V) of section 

7003(b)(2)(B)(i) of such Act for fiscal year 2017, 2018, or 2019, 

the Secretary of Education shall determine that a local educational agency meets the per-pupil expenditure requirement for 

purposes of such subclause (II) or (V), as applicable, only if— 

(A) in the case of a local educational agency that received a basic support payment for fiscal year 2001 under 

section 8003(b)(2)(B) of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 7703(b)(2)(B)) (as such 

section was in effect for such fiscal year), the agency, for the 

year for which the application is submitted, has a per-pupil 

expenditure that is less than the average per-pupil expenditure of the State in which the agency is located or the average per-pupil expenditure of all States (whichever average 

per-pupil expenditure is greater), except that a local educational agency with a total student enrollment of less than 

350 students shall be deemed to have satisfied such perpupil expenditure requirement; or 

(B) in the case of a local educational agency that did 

not receive a basic support payment for fiscal year 2015 

under such section 8003(b)(2)(B), as so in effect, the agency, 

for the year for which the application is submitted— 


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(i) has a total student enrollment of 350 or more 

students and a per-pupil expenditure that is less than 

the average per-pupil expenditure of the State in which 

the agency is located; or 

(ii) has a total student enrollment of less than 350 

students and a per-pupil expenditure that is less than 

the average per-pupil expenditure of a comparable local 

educational agency or 3 comparable local educational 

agencies (whichever average per-pupil expenditure is 

greater), in the State in which the agency is located. 

(d) PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.— 

(1) AMENDMENTS.—Section 7003(b)(2) of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)), as 

amended by subsection (b) and sections 7001 and 7004 of the 

Every Student Succeeds Act (Public Law 114–95; 129 Stat. 

2074, 2077), is further amended— 

(A) in subclause (IV) of subparagraph (B)(i)— 

(i) in the matter preceding item (aa), by inserting 

‘‘received a payment for fiscal year 2015 under section 

8003(b)(2)(E) (as such section was in effect for such fiscal year) and’’ before ‘‘has’’; 

(ii) in item (aa), by striking ‘‘50’’ and inserting 

‘‘35’’; and 

(iii) by striking item (bb) and inserting the following: 

‘‘(bb)(AA) not less than 3,500 of such children are children described in subparagraphs 

(A) and (B) of subsection (a)(1); or 

‘‘(BB) not less than 7,000 of such children 

are children described in subparagraph (D) of 

subsection (a)(1);’’; and 

(B) in subparagraph (D)— 

(i) in clause (i)— 

(I) in subclause (I), by striking ‘‘clause (ii)’’ 

and inserting ‘‘clauses (ii), (iii), and (iv)’’; and 

(II) in subclause (II)— 

(aa) by inserting ‘‘received a payment for 

fiscal year 2015 under section 8003(b)(2)(E) 

(as such section was in effect for such fiscal 

year) and’’ after ‘‘agency that’’; 

(bb) by striking ‘‘50 percent’’ and inserting 

‘‘35 percent’’; 

(cc) by striking ‘‘subsection (a)(1) and not 

less than 5,000’’ and inserting the following: 

‘‘subsection (a)(1) and— 

‘‘(aa) not less than 3,500’’; and 

(dd) by striking ‘‘subsection (a)(1).’’ and 

inserting the following: ‘‘subsection (a)(1); or 

‘‘(bb) not less than 7,000 of such children 

are children described in subparagraph (D) of 

subsection (a)(1).’’; 

(ii) in clause (ii), by striking ‘‘shall be 1.35.’’ and 

inserting the following: ‘‘shall be— 

‘‘(I) for fiscal year 2016, 1.35; 


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‘‘(II) for each of fiscal years 2017 and 2018, 

1.38; 

‘‘(III) for fiscal year 2019, 1.40; 

‘‘(IV) for fiscal year 2020, 1.42; and 

‘‘(V) for fiscal year 2021 and each fiscal year 

thereafter, 1.45.’’; and 

(iii) by adding at the end the following: 

‘‘(iii) FACTOR FOR CHILDREN WHO LIVE OFF BASE.— For purposes of calculating the maximum amount described in clause (i), the factor used in determining the 

weighted student units under subsection (a)(2) with respect to children described in subsection (a)(1)(D) shall 

be— 

‘‘(I) for fiscal year 2016, .20; 

‘‘(II) for each of fiscal years 2017 and 2018, 

.22; 

‘‘(III) for each of fiscal years 2019 and 2020, 

.25; and 

‘‘(IV) for fiscal year 2021 and each fiscal year 

thereafter— 

‘‘(aa) .30 with respect to each of the first 

7,000 children; and 

‘‘(bb) .25 with respect to the number of 

children that exceeds 7,000. 

‘‘(iv) SPECIAL RULE.—Notwithstanding clauses (ii) 

and (iii), for fiscal year 2020 or any succeeding fiscal 

year, if the number of students who are children described in subparagraphs (A) and (B) of subsection 

(a)(1) for a local educational agency subject to this subparagraph exceeds 7,000 for such year or the number 

of students who are children described in subsection 

(a)(1)(D) for such local educational agency exceeds 

12,750 for such year, then— 

‘‘(I) the factor used, for the fiscal year for 

which the determination is being made, to determine the weighted student units under subsection 

(a)(2) with respect to children described in subparagraphs (A) and (B) of subsection (a)(1) shall 

be 1.40; and 

‘‘(II) the factor used, for such fiscal year, to determine the weighted student units under subsection (a)(2) with respect to children described in 

subsection (a)(1)(D) shall be .20.’’. 

(2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect with respect to appropriations for use 

under title VII of the Elementary and Secondary Education Act 

of 1965 beginning with fiscal year 2017 and as if enacted as 

part of title VII of the Every Student Succeeds Act (Public Law 

114–95; 129 Stat. 2074). 

(3) SPECIAL RULES.— (A) APPLICABILITY FOR FISCAL YEAR 2016.—Notwithstanding any other provision of law, in making basic support payments under section 8003(b)(2) of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 

7703(b)(2)) for fiscal year 2016, the Secretary of Education 


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shall carry out subparagraphs (B)(i) and (E) of such section 

as if the amendments made to subparagraphs (B)(i)(IV) 

and (D) of section 7003(b)(2) of such Act (as amended and 

redesignated by this subsection and the Every Student Succeeds Act (Public Law 114–95; 129 Stat. 1802)) had also 

been made to the corresponding provisions of section 

8003(b)(2) of the Elementary and Secondary Education Act 

of 1965, as in effect on the day before the date of enactment 

of the Every Student Succeeds Act. 

(B) LOSS OF ELIGIBILITY.—For fiscal year 2016 or any 

succeeding fiscal year, if a local educational agency is eligible for a basic support payment under subclause (IV) of section 7003(b)(2)(B)(i) of the Elementary and Secondary Education Act of 1965 (as amended by this section and the 

Every Student Succeeds Act (Public Law 114–95; 129 Stat. 

1802)) or through a corresponding provision under subparagraph (A), such local educational agency shall be ineligible to apply for a payment for such fiscal year under any 

other subclause of such section (or, for fiscal year 2016, any 

other item of section 8003(b)(2)(B)(i)(II) of the Elementary 

and Secondary Education Act of 1965). 

(C) PAYMENT AMOUNTS.—If, before the date of enactment of this Act, a local educational agency receives 1 or 

more payments under section 8003(b)(2)(E) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

7703(b)(2)(E)) for fiscal year 2016, the sum of which is 

greater than the amount the Secretary of Education determines the local educational agency is entitled to receive 

under such section in accordance with subparagraph (A)— 

(i) the Secretary shall allow the local educational 

agency to retain the larger amount; and 

(ii) such local educational agency shall not be eligible to receive any additional payment under such section for fiscal year 2016. 

Subtitle I—Decorations and Awards 

SEC. 581. POSTHUMOUS ADVANCEMENT OF COLONEL GEORGE E. 

‘‘BUD’’ DAY, UNITED STATES AIR FORCE, ON THE RETIRED 

LIST. 

(a) ADVANCEMENT.—Colonel George E. ‘‘Bud’’ Day, United 

States Air Force (retired), is entitled to hold the rank of brigadier 

general while on the retired list of the Air Force. 

(b) ADDITIONAL BENEFITS NOT TO ACCRUE.—The advancement 

of George E. ‘‘Bud’’ Day on the retired list of the Air Force under 

subsection (a) shall not affect the retired pay or other benefits from 

the United States to which George E. ‘‘Bud’’ Day would have been 

entitled based upon his military service or affect any benefits to 

which any other person may become entitled based on his military 

service. 

SEC. 582. AUTHORIZATION FOR AWARD OF MEDALS FOR ACTS OF 

VALOR DURING CERTAIN CONTINGENCY OPERATIONS. 

(a) AUTHORIZATION.—Notwithstanding the time limitations 

specified in sections 3744, 6248, and 8744 of title 10, United States 

Code, or any other time limitation with respect to the awarding of 

certain medals to persons who served in the Armed Forces, the 


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President may award a medal specified in subsection (c) to a member or former member of the Armed Forces identified as warranting 

award of that medal pursuant to the review of valor award nominations for Operation Enduring Freedom, Operation Iraqi Freedom, 

Operation New Dawn, Operation Freedom’s Sentinel, and Operation 

Inherent Resolve that was directed by the Secretary of Defense on 

January 7, 2016. 

(b) AWARD OF MEDAL OF HONOR.—If, pursuant to the review referred to in subsection (a), the President decides to award to a member or former member of the Armed Forces the Medal of Honor, the 

medal may only be awarded after the Secretary of Defense submits 

to the Committees on Armed Services of the Senate and the House 

of Representatives a letter identifying the intended recipient of the 

Medal of Honor and the rationale for awarding the Medal of Honor 

to such intended recipient. 

(c) MEDALS.—The medals covered by subsection (a) are any of 

the following: 

(1) The Medal of Honor under section 3741, 6241, or 8741 

of title 10, United States Code. 

(2) The Distinguished-Service Cross under section 3742 of 

such title. 

(3) The Navy Cross under section 6242 of such title. 

(4) The Air Force Cross under section 8742 of such title. 

(5) The Silver Star under section 3746, 6244, or 8746 of 

such title. 

(d) TERMINATION.—No medal may be awarded under the authority of this section after December 31, 2019. 

SEC. 583. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO 

GARY M. ROSE AND JAMES C. MCCLOUGHAN FOR ACTS OF 

VALOR DURING THE VIETNAM WAR. 

(a) GARY M. ROSE.— (1) AUTHORIZATION.—Notwithstanding the time limitations 

specified in section 3744 of title 10, United States Code, or any 

other time limitation with respect to the awarding of certain 

medals to persons who served in the Armed Forces, the President is authorized to award the Medal of Honor under section 

3741 of such title to Gary M. Rose for the acts of valor described 

in paragraph (2). 

(2) ACTS OF VALOR DESCRIBED.—The acts of valor referred 

to in paragraph (1) are the actions of Gary M. Rose in Laos 

from September 11 through 14, 1970, during the Vietnam War 

while a member of the United States Army, Military Assistance 

Command Vietnam-Studies and Observation Group 

(MACVSOG). 

(b) JAMES C. MCCLOUGHAN.— 

(1) AUTHORIZATION.—Notwithstanding the time limitations 

specified in section 3744 of title 10, United States Code, or any 

other time limitation with respect to the awarding of certain 

medals to persons who served in the Armed Forces, the President is authorized to award the Medal of Honor under section 

3741 of such title to James C. McCloughan for the acts of valor 

described in paragraph (2). 

(2) ACTS OF VALOR DESCRIBED.—The acts of valor referred 

to in paragraph (1) are the actions of James C. McCloughan 

during combat operations between May 13, 1969, and May 15, 


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1969, while serving as a Combat Medic with Company C, 3d 

Battalion, 21st Infantry, 196th Light Infantry Brigade, American Division, Republic of Vietnam, for which he was previously 

awarded the Bronze Star Medal with ‘‘V’’ Device. 

SEC. 584. AUTHORIZATION FOR AWARD OF DISTINGUISHED-SERVICE 

CROSS TO FIRST LIEUTENANT MELVIN M. SPRUIELL FOR 

ACTS OF VALOR DURING WORLD WAR II. 

(a) WAIVER OF TIME LIMITATIONS.—Notwithstanding the time 

limitations specified in section 3744 of title 10, United States Code, 

or any other time limitation with respect to the awarding of certain 

medals to persons who served in the Armed Forces, the Secretary of 

the Army may award the Distinguished-Service Cross under section 

3742 of such title to First Lieutenant Melvin M. Spruiell of the 

Army for the acts of valor during World War II described in subsection (b). 

(b) ACTS OF VALOR DESCRIBED.—The acts of valor referred to 

in subsection (a) are the actions of First Lieutenant Melvin M. 

Spruiell on June 10 and 11, 1944, as a member of the Army serving 

in France with the 377th Parachute Field Artillery, 101st Airborne 

Division. 

SEC. 585. AUTHORIZATION FOR AWARD OF THE DISTINGUISHED SERVICE CROSS TO CHAPLAIN (FIRST LIEUTENANT) JOSEPH 

VERBIS LAFLEUR FOR ACTS OF VALOR DURING WORLD 

WAR II. 

(a) AUTHORIZATION.—Notwithstanding the time limitations 

specified in section 3744 of title 10, United States Code, or any other 

time limitation with respect to the awarding of certain medals to 

persons who served in the Armed Forces, the Secretary of the Army 

may award the Distinguished Service Cross under section 3742 of 

that title to Chaplain (First Lieutenant) Joseph Verbis LaFleur for 

the acts of valor referred to in subsection (b). 

(b) ACTS OF VALOR DESCRIBED.—The acts of valor referred to 

in subsection (a) are the actions of Chaplain (First Lieutenant) Joseph Verbis LaFleur while interned as a prisoner-of- war by Japan 

from December 30, 1941, to September 7, 1944. 

SEC. 586. REVIEW REGARDING AWARD OF MEDAL OF HONOR TO CERTAIN ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC 

ISLANDER WAR VETERANS. 

(a) REVIEW REQUIRED.—The Secretary of each military department shall review the service records of each Asian American and 

Native American Pacific Islander war veteran described in subsection (b) to determine whether that veteran should be awarded the 

Medal of Honor. 

(b) COVERED VETERANS.—The Asian American and Native 

American Pacific Islander war veterans whose service records are to 

be reviewed under subsection (a) are any former members of the 

Armed Forces whose service records identify them as an Asian 

American or Native American Pacific Islander war veteran who was 

awarded the Distinguished-Service Cross, the Navy Cross, or the Air 

Force Cross during the Korean War or the Vietnam War. 

(c) CONSULTATIONS.—In carrying out the review under subsection (a), the Secretary of each military department shall consult 

with such veterans service organizations as the Secretary considers 

appropriate. 


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(d) RECOMMENDATIONS BASED ON REVIEW.—If the Secretary 

concerned determines, based upon the review under subsection (a) of 

the service records of any Asian American or Native American Pacific Islander war veteran, that the award of the Medal of Honor to 

that veteran is warranted, the Secretary shall submit to the President a recommendation that the President award the Medal of 

Honor to that veteran. 

(e) AUTHORITY TO AWARD MEDAL OF HONOR.—A Medal of 

Honor may be awarded to an Asian American or Native American 

Pacific Islander war veteran in accordance with a recommendation 

of the Secretary concerned under subsection (d). 

(f) CONGRESSIONAL NOTIFICATION.—No Medal of Honor may be 

awarded pursuant to subsection (e) until the Secretary of Defense 

submits to the Committees on Armed Services of the Senate and the 

House of Representatives notice of the recommendations under subsection (d), including the name of each Asian American or Native 

American Pacific Islander war veteran recommended to be awarded 

a Medal of Honor and the rationale for such recommendation. 

(g) WAIVER OF TIME LIMITATIONS.—An award of the Medal of 

Honor may be made under subsection (e) without regard to— 

(1) section 3744, 6248, or 8744 of title 10, United States 

Code, as applicable; and 

(2) any regulation or other administrative restriction on— 

(A) the time for awarding the Medal of Honor; or 

(B) the awarding of the Medal of Honor for service for 

which a Distinguished-Service Cross, Navy Cross, or Air 

Force Cross has been awarded. 

(h) DEFINITION.—In this section, the term ‘‘Native American Pacific Islander’’ means a Native Hawaiian or Native American Pacific Islander, as those terms are defined in section 815 of the Native 

American Programs Act of 1974 (42 U.S.C. 2992c). 

Subtitle J—Miscellaneous Reports and Other Matters 

SEC. 591. REPEAL OF REQUIREMENT FOR A CHAPLAIN AT THE UNITED 

STATES AIR FORCE ACADEMY APPOINTED BY THE PRESIDENT. 

(a) REPEAL.—Section 9337 of title 10, United States Code, is repealed. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 903 of such title is amended by striking the item related to section 9337. 

SEC. 592. EXTENSION OF LIMITATION ON REDUCTION IN NUMBER OF 

MILITARY AND CIVILIAN PERSONNEL ASSIGNED TO DUTY 

WITH SERVICE REVIEW AGENCIES. 

Section 1559(a) of title 10, United States Code, is amended by 

striking ‘‘December 31, 2016’’ and inserting ‘‘December 31, 2019’’. 

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. 

(a) REPORTS REQUIRED.—Not later than April 1, 2017, and 

each year thereafter through 2020, the Chief of Staff of the Army 

and the Commandant of the Marine Corps shall each submit to the 

Committees on Armed Services of the Senate and the House of Representatives a report on the current status of the implementation by 


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the Army and the Marine Corps, respectively, of the policy of Secretary of Defense dated March 9, 2016, to open to women military 

occupational specialties and units previously closed to women. 

(b) ELEMENTS.—Each report shall include, current as of the 

date of such report and for the Armed Force covered by such report, 

the following: 

(1) The status of gender-neutral standards throughout the 

Entry Level Training continuum. 

(2) The propensity of applicants to apply for and access into 

newly-opened ground combat programs, by gender and program. 

(3) Success rates in Initial Screening Tests and Military 

Occupational Speciality (MOS) Classification Standards for 

newly-opened ground combat military occupational specialties, 

by gender. 

(4) Attrition rates and the top three causes of attrition 

throughout the Entry Level Training continuum, by gender and 

military occupational specialty. 

(5) Reclassification rates and the top three causes of reclassification throughout the Entry Level Training continuum, by 

gender and military occupational specialty. 

(6) Injury rates and the top five causes of injury throughout 

the Entry Level Training continuum, by gender and military occupational specialty. 

(7) Injury rates and nondeployability rates in newly-opened 

ground combat military occupational specialties, by gender and 

military occupational specialty. 

(8) Lateral move approval rates into newly-opened military 

occupational specialties, by gender and military occupational 

specialty. 

(9) Reenlistment and retention rates in newly-opened 

ground combat military occupational specialties, by gender and 

military occupational specialty. 

(10) Promotion rates in newly-opened ground combat military occupational specialties, by grade and gender. 

(11) Actions taken to address matters relating to equipment 

sizing and supply, and facilities, in connection with the implementation by such Armed Force of the policy referred to in 

paragraph (1). 

(c) APPLICABILITY TO SOCOM.—In addition to the reports required by subsection (a), the Commander of the United States Special Operations Command shall submit to the Committees on 

Armed Services of the Senate and the House of Representatives, on 

the dates provided for in subsection (a), a report on the current status of the implementation by the United States Special Operations 

Command of the policy of Secretary of Defense referred to in subsection (a). Each report shall include the matters specified in subsection (b) with respect to the United States Special Operations 

Command. 

SEC. 594. REPORT ON FEASABILITY OF ELECTRONIC TRACKING OF 

OPERATIONAL ACTIVE-DUTY SERVICE PERFORMED BY 

MEMBERS OF THE READY RESERVE OF THE ARMED 

FORCES. 

Not later than March 1, 2017, the Secretary of Defense shall 

submit to the Committees on Armed Services of the Senate and the 


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House of Representatives a report on the feasability of establishing 

an electronic means by which members of the Ready Reserve of the 

Armed Forces can track their operational active-duty service performed after January 28, 2008, under section 12301(a), 12301(d), 

12301(g), 12302, or 12304 of title 10, United States Code. The 

means assessed for purposes of the report shall include a tour calculator that specifies early retirement credit authorized for each qualifying tour of active duty, as well as cumulative early reserve retirement credit authorized to date under section 12731(f) of such title. 

SEC. 595. 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. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of the Navy and the Secretary of the Air Force shall each submit to the Committees on 

Armed Services of the Senate and the House of Representatives a report on the feasibility and advisability of the discharge by warrant 

officers of pilot and other flight officer positions in the Armed Forces 

under the jurisdiction of such Secretary that are currently discharged by commissioned officers. 

(b) ELEMENTS.—Each report under subsection (a) shall set 

forth, for each Armed Force covered by such report, the following: 

(1) An assessment of the feasibility and advisability of the 

discharge by warrant officers of pilot and other flight officer positions that are currently discharged by commissioned officers. 

(2) An identification of each such position, if any, for which 

the discharge by warrant officers is assessed to be feasible and 

advisable. 

SEC. 596. BODY MASS INDEX TEST. 

(a) REVIEW REQUIRED.—Each Secretary of a military department shall review— 

(1) the current body mass index test procedure used by each 

Armed Force under the jurisdiction of that Secretary; and 

(2) other methods to measure body fat with a more holistic 

health and wellness approach. 

(b) ELEMENTS.—The review required under subsection (a) 

shall— 

(1) address nutrition counseling; 

(2) determine the best methods to be used by the Armed 

Forces to assess body fat percentages; and 

(3) improve the accuracy of body fat measurements. 

SEC. 597. REPORT ON CAREER PROGRESSION TRACKS OF THE ARMED 

FORCES FOR WOMEN IN COMBAT ARMS UNITS. 

Not later than 30 days after the date of the enactment of this 

Act, the Secretary of Defense shall submit to Congress a report setting forth a description, for each Armed Force, of the following: 

(1) The career progression track for entry level women as 

officers in combat arms units of such Armed Force. 

(2) The career progression track for laterally transferred 

women as officers in combat arms units of such Armed Force. 

(3) The career progression track for entry level women as 

enlisted members in combat arms units of such Armed Force. 


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(4) The career progression track for laterally transferred 

women as enlisted members in combat arms units of such 

Armed Force. 

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. Reports on a new single-salary pay system for members of the Armed 

Forces. 

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. Aviation incentive pay and bonus matters. 

Sec. 617. Conforming amendment to consolidation of special pay, incentive pay, and 

bonus authorities. 

Sec. 618. Technical amendments relating to 2008 consolidation of certain special 

pay authorities. 

Subtitle C—Travel and Transportation Allowances 

Sec. 621. Maximum reimbursement amount for travel expenses of members of the 

Reserves attending inactive duty training outside of normal commuting 

distances. 

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 full Thrift Savings Plan members who have completed 8 to 12 years of service. 

Sec. 634. Combat-related special compensation coordinating amendment. 

PART II—OTHER MATTERS

Sec. 641. Use of member’s current pay grade and years of service and retired pay 

cost-of-living adjustments, rather than final retirement pay grade and 

years of service, in a division of property involving disposable retired 

pay. 

Sec. 642. Equal benefits under Survivor Benefit Plan for survivors of reserve component members who die in the line of duty during inactive-duty training. 

Sec. 643. Authority to deduct Survivor Benefit Plan premiums from combat-related 

special compensation when retired pay not sufficient. 

Sec. 644. 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. 645. Authority for payment of pay and allowances and retired and retainer pay 

pursuant to power of attorney. 

Sec. 646. Extension of authority to pay special survivor indemnity allowance under 

the Survivor Benefit Plan. 

Sec. 647. Repeal of obsolete authority for combat-related injury rehabilitation pay. 

Sec. 648. Independent assessment of the Survivor Benefit Plan. 


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Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and 

Operations 

Sec. 661. Protection and enhancement of access to and savings at commissaries and 

exchanges. 

Sec. 662. Acceptance of Military Star Card at commissaries. 

Subtitle F—Other Matters 

Sec. 671. Recovery of amounts owed to the United States by members of the uniformed services. 

Sec. 672. Modification of flat rate per diem requirement for personnel on long-term 

temporary duty assignments. 

Subtitle A—Pay and Allowances 

SEC. 601. FISCAL YEAR 2017 INCREASE IN MILITARY BASIC PAY. 

(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The adjustment to 

become effective during fiscal year 2017 required by section 1009 of 

title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made. 

(b) INCREASE IN BASIC PAY.—Effective on January 1, 2017, the 

rates of monthly basic pay for members of the uniformed services 

are increased by 2.1 percent. 

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. 

Any pay table published or otherwise issued by the Department 

of Defense to indicate the rates of basic pay of the Armed Forces in 

effect for members of the Armed Forces for a calendar year or other 

period shall state the rate of basic pay to be received by members 

in each pay grade for such year or period as specified or otherwise 

provided by applicable law, including any rate to be so received pursuant during such year or period by the operation of a ceiling under 

section 203(a)(2) of title 37, United States Code, or a similar provision in an annual defense authorization Act. 

SEC. 603. EXTENSION OF AUTHORITY TO PROVIDE TEMPORARY INCREASE IN RATES OF BASIC ALLOWANCE FOR HOUSING 

UNDER CERTAIN CIRCUMSTANCES. 

Section 403(b)(7)(E) of title 37, United States Code, is amended 

by striking ‘‘December 31, 2016’’ and inserting ‘‘December 31, 2017’’. 

SEC. 604. REPORTS ON A NEW SINGLE-SALARY PAY SYSTEM FOR MEMBERS OF THE ARMED FORCES. 

(a) REPORT ON PLAN TO IMPLEMENT NEW PAY STRUCTURE.— 

Not later than March 1, 2017, the Secretary of Defense shall submit 

to the Committees on Armed Services of the Senate and the House 

of Representative a report that sets forth the following: 

(1) The military pay tables as of January 1, 2017, reflecting 

the Regular Military Compensation of members of the Armed 

Forces as of that date in the range of grades, dependency 

statuses, and assignment locations. 

(2) A comprehensive description of the manner in which the 

Department of Defense would begin, by not later than January 

1, 2018, to implement a transition between the current pay 

structure for members of the Armed Forces and a new pay 

structure for members of the Armed Forces as provided for by 

this section. 


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(b) REPORT ON ELEMENTS OF NEW PAY STRUCTURE.—Not later 

than January 1, 2018, the Secretary shall submit to the Committees 

on Armed Services of the Senate and the House of Representative a 

report that sets forth the following: 

(1) A description and comparison of the current pay structure for members of the Armed Forces and a new pay structure 

for members of the Armed Forces, including new pay tables, 

that uses a single-salary pay system (as adjusted by the same 

cost-of-living adjustment that the Department of Defense uses 

worldwide for civilian employees) based on the assumptions in 

subsection (c). 

(2) A proposal for such legislative and administrative action as the Secretary considers appropriate to implement the 

new pay structure, and to provide for a transition between the 

current pay structure and the new pay structure. 

(3) A comprehensive schedule for the implementation of the 

new pay structure and for the transition between the current 

pay structure and the new pay structure, including all significant deadlines. 

(c) NEW PAY STRUCTURE.—The new pay structure described 

pursuant to subsection (b)(1) shall assume the repeal of the basic allowance for housing and basic allowance subsistence for members 

of the Armed Forces in favor of a single-salary pay system, and 

shall include the following: 

(1) A statement of pay comparability with the civilian sector adequate to effectively recruit and retain a high-quality AllVolunteer Force. 

(2) The level of pay necessary by grade and years of service 

to meet pay comparability as described in paragraph (1) in 

order to recruit and retain a high-quality All-Volunteer Force. 

(3) Necessary modifications to the military retirement system, including the retired pay multiplier, to ensure that members of the Armed Forces under the pay structure are situated 

similarly to where they would otherwise be under the military 

retirement system that will take effect on January 1, 2018, by 

reason part I of subtitle D of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 

842), and the amendments made by that part. 

(d) COST CONTAINMENT.—The single-salary pay system under 

the new pay structure provided for by this section shall be a singlesalary pay system that will result in no or minimal additional costs 

to the Government, both in terms of annual discretionary outlays 

and entitlements, when compared with the continuation of the current pay system for members of the Armed Forces. 

Subtitle B—Bonuses and Special and Incentive Pays 

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL 

PAY AUTHORITIES FOR RESERVE FORCES. 

The following sections of title 37, United States Code, are 

amended by striking ‘‘December 31, 2016’’ and inserting ‘‘December 

31, 2017’’: 

(1) Section 308b(g), relating to Selected Reserve reenlistment bonus. 

(2) Section 308c(i), relating to Selected Reserve affiliation 

or enlistment bonus. 


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(3) Section 308d(c), relating to special pay for enlisted 

members assigned to certain high-priority units. 

(4) Section 308g(f)(2), relating to Ready Reserve enlistment 

bonus for persons without prior service. 

(5) Section 308h(e), relating to Ready Reserve enlistment 

and reenlistment bonus for persons with prior service. 

(6) Section 308i(f), relating to Selected Reserve enlistment 

and reenlistment bonus for persons with prior service. 

(7) Section 478a(e), relating to reimbursement of travel expenses for inactive-duty training outside of normal commuting 

distance. 

(8) Section 910(g), relating to income replacement payments 

for reserve component members experiencing extended and frequent mobilization for active duty service. 

SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL 

PAY AUTHORITIES FOR HEALTH CARE PROFESSIONALS. 

(a) TITLE 10 AUTHORITIES.—The following sections of title 10, 

United States Code, are amended by striking ‘‘December 31, 2016’’ 

and inserting ‘‘December 31, 2017’’: 

(1) Section 2130a(a)(1), relating to nurse officer candidate 

accession program. 

(2) Section 16302(d), relating to repayment of education 

loans for certain health professionals who serve in the Selected 

Reserve. 

(b) TITLE 37 AUTHORITIES.—The following sections of title 37, 

United States Code, are amended by striking ‘‘December 31, 2016’’ 

and inserting ‘‘December 31, 2017’’: 

(1) Section 302c-1(f), relating to accession and retention bonuses for psychologists. 

(2) Section 302d(a)(1), relating to accession bonus for registered nurses. 

(3) Section 302e(a)(1), relating to incentive special pay for 

nurse anesthetists. 

(4) Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime specialties. 

(5) Section 302h(a)(1), relating to accession bonus for dental officers. 

(6) Section 302j(a), relating to accession bonus for pharmacy officers. 

(7) Section 302k(f), relating to accession bonus for medical 

officers in critically short wartime specialties. 

(8) Section 302l(g), relating to accession bonus for dental 

specialist officers in critically short wartime specialties. 

SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR NUCLEAR OFFICERS. 

The following sections of title 37, United States Code, are 

amended by striking ‘‘December 31, 2016’’ and inserting ‘‘December 

31, 2017’’: 

(1) Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service. 

(2) Section 312b(c), relating to nuclear career accession 

bonus. 

(3) Section 312c(d), relating to nuclear career annual incentive bonus. 


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SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 

37 CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND 

BONUS AUTHORITIES. 

The following sections of title 37, United States Code, are 

amended by striking ‘‘December 31, 2016’’ and inserting ‘‘December 

31, 2017’’: 

(1) Section 331(h), relating to general bonus authority for 

enlisted members. 

(2) Section 332(g), relating to general bonus authority for 

officers. 

(3) Section 333(i), relating to special bonus and incentive 

pay authorities for nuclear officers. 

(4) Section 334(i), relating to special aviation incentive pay 

and bonus authorities for officers. 

(5) Section 335(k), relating to special bonus and incentive 

pay authorities for officers in health professions. 

(6) Section 336(g), relating to contracting bonus for cadets 

and midshipmen enrolled in the Senior Reserve Officers’ Training Corps. 

(7) Section 351(h), relating to hazardous duty pay. 

(8) Section 352(g), relating to assignment pay or special 

duty pay. 

(9) Section 353(i), relating to skill incentive pay or proficiency bonus. 

(10) Section 355(h), relating to retention incentives for 

members qualified in critical military skills or assigned to high 

priority units. 

SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER TITLE 37 BONUSES AND SPECIAL PAYS. 

The following sections of title 37, United States Code, are 

amended by striking ‘‘December 31, 2016’’ and inserting ‘‘December 

31, 2017’’: 

(1) Section 301b(a), relating to aviation officer retention 

bonus. 

(2) Section 307a(g), relating to assignment incentive pay. 

(3) Section 308(g), relating to reenlistment bonus for active 

members. 

(4) Section 309(e), relating to enlistment bonus. 

(5) Section 316a(g), relating to incentive pay for members 

of precommissioning programs pursuing foreign language proficiency. 

(6) Section 324(g), relating to accession bonus for new officers in critical skills. 

(7) Section 326(g), relating to incentive bonus for conversion 

to military occupational specialty to ease personnel shortage. 

(8) Section 327(h), relating to incentive bonus for transfer 

between Armed Forces. 

(9) Section 330(f), relating to accession bonus for officer 

candidates. 

SEC. 616. AVIATION INCENTIVE PAY AND BONUS MATTERS. 

(a) MAXIMUM INCENTIVE PAY AND BONUS AMOUNTS.—Paragraph (1) of section 334(c) of title 37, United States Code, is amended by striking subparagraphs (A) and (B) and inserting the following new subparagraphs: 


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‘‘(A) aviation incentive pay under subsection (a) shall 

be paid at a monthly rate not to exceed $1,000 per month; 

and 

‘‘(B) an aviation bonus under subsection (b) may not 

exceed $35,000 for each 12-month period of obligated service agreed to under subsection (d).’’. 

(b) ANNUAL BUSINESS CASE FOR PAYMENT OF AVIATION

BONUS.—Such section is further amended— 

(1) by redesignating paragraphs (2) and (3) as paragraphs 

(3) and (4), respectively; and 

(2) by inserting after paragraph (1) the following new paragraph (2): 

‘‘(2) ANNUAL BUSINESS CASE FOR PAYMENT OF AVIATION

BONUS AMOUNTS.— 

‘‘(A) IN GENERAL.—The Secretary concerned shall determine the amount of the aviation bonus payable under paragraph (1)(B) under agreements entered into under subsection (d) during a fiscal year solely through a business 

case analysis of the amount required to be paid under such 

agreements in order to address anticipated manning shortfalls for such fiscal year by aircraft type category. 

‘‘(B) BUDGET JUSTIFICATION DOCUMENTS.—The budget 

justification documents in support of the budget of the 

President for a fiscal year (as submitted to Congress pursuant to section 1105 of title 31) shall set forth for each uniformed service the following: 

‘‘(i) The amount requested for the payment of aviation bonuses under subsection (b) using amounts authorized to be appropriated for the fiscal year concerned by aircraft type category. 

‘‘(ii) The business case analysis supporting the 

amount so requested by aircraft type category. 

‘‘(iii) For each aircraft type category, whether or 

not the amount requested will permit the payment during the fiscal year concerned of the maximum amount 

of the aviation bonus authorized by paragraph (1)(B). 

‘‘(iv) If any amount requested is to address manning shortfalls, a description of any plans of the Secretary concerned to address such shortfalls by nonmonetary means.’’. 

SEC. 617. CONFORMING AMENDMENT TO CONSOLIDATION OF SPECIAL 

PAY, INCENTIVE PAY, AND BONUS AUTHORITIES. 

Section 332(c)(1)(B) of title 37, United States Code, is amended 

by striking ‘‘$12,000’’ and inserting ‘‘$20,000’’. 

SEC. 618. TECHNICAL AMENDMENTS RELATING TO 2008 CONSOLIDATION OF CERTAIN SPECIAL PAY AUTHORITIES. 

(a) FAMILY CARE PLANS.—Section 586 of the National Defense 

Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 

U.S.C. 991 note) is amended by inserting ‘‘or 351’’ after ‘‘section 

310’’. 

(b) DEPENDENTS’ MEDICAL CARE.—Section 1079(g)(1) of title 10, 

United States Code, is amended by inserting ‘‘or 351’’ after ‘‘section 

310’’. 


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(c) RETENTION ON ACTIVE DUTY DURING DISABILITY EVALUATION PROCESS.—Section 1218(d)(1) of title 10, United States Code, 

is amended by inserting ‘‘or 351’’ after ‘‘section 310’’. 

(d) STORAGE SPACE.—Section 362(1) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 

109–364; 10 U.S.C. 2825 note) is amended by inserting ‘‘, or paragraph (1) or (3) of section 351(a),’’ after ‘‘section 310’’. 

(e) STUDENT ASSISTANCE PROGRAMS.—Sections 455(o)(3)(B) 

and 465(a)(2)(D) of the Higher Education Act of 1965 (20 U.S.C. 

1087e(o)(3)(B), 1087ee(a)(2)(D)) are amended by inserting ‘‘, or paragraph (1) or (3) of section 351(a),’’ after ‘‘section 310’’. 

(f) ARMED FORCES RETIREMENT HOME.—Section 1512(a)(3)(A) 

of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 

412(a)(3)(A)) is amended by inserting ‘‘or 351’’ after ‘‘section 310’’. 

(g) VETERANS OF FOREIGN WARS MEMBERSHIP.—Section 

230103(3) of title 36, United States Code, is amended by inserting 

‘‘or 351’’ after ‘‘section 310’’. 

(h) MILITARY PAY AND ALLOWANCES.—Title 37, United States 

Code, is amended— 

(1) in section 212(a), by inserting ‘‘, or paragraph (1) or (3) 

of section 351(a),’’ after ‘‘section 310’’; 

(2) in section 402a(b)(3)(B), by inserting ‘‘or 351’’ after ‘‘section 310’’; 

(3) in section 481a(a), by inserting ‘‘or 351’’ after ‘‘section 

310’’; 

(4) in section 907(d)(1)(H), by inserting ‘‘or 351’’ after ‘‘section 310’’; and 

(5) in section 910(b)(2)(B), by inserting ‘‘, or paragraph (1) 

or (3) of section 351(a),’’ after ‘‘section 310’’. 

(i) EXCLUSIONS FROM INCOME FOR PURPOSE OF SUPPLEMENTAL

SECURITY INCOME.—Section 1612(b)(20) of the Social Security Act 

(42 U.S.C. 1382a(b)(20)) is amended by inserting ‘‘, or paragraph (1) 

or (3) of section 351(a),’’ after ‘‘section 310’’. 

(j) EXCLUSIONS FROM INCOME FOR PURPOSE OF HEAD START

PROGRAM.—Section 645(a)(3)(B)(i) of the Head Start Act (42 U.S.C. 

9840(a)(3)(B)(i)) is amended by inserting ‘‘or 351’’ after ‘‘section 

310’’. 

(k) EXCLUSIONS FROM GROSS INCOME FOR FEDERAL INCOME

TAX PURPOSES.—Section 112(c)(5)(B) of the Internal Revenue Code 

of 1986 is amended by inserting ‘‘, or paragraph (1) or (3) of section 

351(a),’’ after ‘‘section 310’’. 

Subtitle C—Travel and Transportation Allowances 

SEC. 621. MAXIMUM REIMBURSEMENT AMOUNT FOR TRAVEL EXPENSES OF MEMBERS OF THE RESERVES ATTENDING INACTIVE DUTY TRAINING OUTSIDE OF NORMAL COMMUTING DISTANCES. 

Section 478a(c) of title 37, United States Code, is amended— 

(1) by striking ‘‘The amount’’ and inserting the following: 

‘‘(1) Except as provided by paragraph (2), the amount’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) The Secretary concerned may authorize, on a case-by-case 

basis, a higher reimbursement amount for a member under subsection (a) when the member— 

‘‘(A) resides— 


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‘‘(i) in the same State as the training location; and 

‘‘(ii) outside of an urbanized area with a population of 

50,000 or more, as determined by the Bureau of the Census; 

and 

‘‘(B) is required to commute to a training location— 

‘‘(i) using an aircraft or boat on account of limited or 

nonexistent vehicular routes to the training location or 

other geographical challenges; or 

‘‘(ii) from a permanent residence located more than 75 

miles from the training location.’’. 

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. 

(a) IN GENERAL.—Paragraph (4)(C) of section 1409(b) of title 

10, United States Code, is amended— 

(1) in clause (i), by striking ‘‘and (iii)’’ and inserting ‘‘, (iii), 

(iv), and (v)’’; and 

(2) by adding at the end the following new clauses: 

‘‘(iv) CADETS AND MIDSHIPMEN, ETC.—A member of 

a uniformed service who serves as a cadet, midshipman, or member of the Senior Reserve Officers’ 

Training Corps during the election period specified in 

clause (i) shall make the election described in subparagraph (B)— 

‘‘(I) on or after the date on which such cadet, 

midshipman, or member of the Senior Reserve Officers’ Training Corps is appointed as a commissioned officer or otherwise begins to receive basic 

pay; and 

‘‘(II) not later than 30 days after such date or 

the end of such election period, whichever is later. 

‘‘(v) INACTIVE RESERVES.—A member of a reserve 

component who is not in an active status during the 

election period specified in clause (i) shall make the 

election described in subparagraph (B)— 

‘‘(I) on or after the date on which such member 

is transferred from an inactive status to an active 

status or active duty; and 

‘‘(II) not later than 30 days after such date or 

the end of such election period, whichever is 

later.’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection (a) 

shall take effect on January 1, 2018, immediately after the coming 

into effect of the amendments made by section 631(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 

114–92; 129 Stat. 842), to which the amendments made by subsection (a) relate. 


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SEC. 632. EFFECT OF SEPARATION OF MEMBERS FROM THE UNIFORMED SERVICES ON PARTICIPATION IN THE THRIFT 

SAVINGS PLAN. 

Effective as of the date of the enactment of this Act, paragraph 

(2) of section 632(c) of the National Defense Authorization Act for 

Fiscal Year 2016 (Public Law 114–92; 129 Stat. 847) is repealed, 

and the amendment proposed to be made by that paragraph shall 

not be made or go into effect. 

SEC. 633. CONTINUATION PAY FOR FULL THRIFT SAVINGS PLAN MEMBERS WHO HAVE COMPLETED 8 TO 12 YEARS OF SERVICE. 

(a) CONTINUATION PAY.—Subsection (a) of section 356 of title 

37, United States Code, is amended— 

(1) by striking paragraph (1) and inserting the following 

new paragraph (1): 

‘‘(1) has completed not less than 8 and not more than 12 

years of service in a uniformed service; and’’; and 

(2) in paragraph (2), by striking ‘‘an additional 4 years’’ 

and inserting ‘‘not less than 3 additional years’’. 

(b) PAYMENT AMOUNT.—Subsection (b) of such section is 

amended by striking all the matter preceding paragraph (1) and inserting the following: 

‘‘(b) PAYMENT AMOUNT.—The Secretary concerned shall determine the payment amount under this section as a multiple of a full 

TSP member’s monthly basic pay. The multiple for a full TSP member who is a member of a regular component or a reserve component, if the member is performing active Guard and Reserve duty 

(as defined in section 101(d)(6) of title 10), shall not be less than 

2.5 times the member’s monthly basic pay. The multiple for a full 

TSP member who is a member of a reserve component not performing active Guard or Reserve duty (as so defined) shall not be 

less than 0.5 times the monthly basic pay to which the member 

would be entitled if the member were a member of a regular component. The maximum amount the Secretary concerned may pay a 

member under this section is—’’. 

(c) TIMING OF PAYMENT.—Subsection (d) of such section is 

amended to read as follows: 

‘‘(d) TIMING OF PAYMENT.—The Secretary concerned shall pay 

continuation pay under subsection (a) to a full TSP member when 

the member has completed not less than 8 and not more than 12 

years of service in a uniformed service.’’. 

(d) CONFORMING AND CLERICAL AMENDMENTS.— (1) HEADING.—The heading of such section is amended to 

read as follows: 

‘‘§ 356. Continuation pay: full TSP members with 8 to 12 years 

of service’’. 

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 5 of such title is amended by striking the item 

relating to section 356 and inserting the following new item: 

‘‘356. Continuation pay: full TSP members with 8 to 12 years of service.’’. 

(e) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on January 1, 2018, immediately after the coming 

into effect of the amendments providing for section 356 of title 37, 

United States Code, to which the amendments made by this section 

relate. 


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SEC. 634. COMBAT-RELATED SPECIAL COMPENSATION COORDINATING 

AMENDMENT. 

(a) IN GENERAL.—Section 1413a(b)(3)(B) of title 10, United 

States Code, is amended by striking ‘‘21⁄2 percent’’ and inserting ‘‘the 

retired pay percentage (determined for the member under section 

1409(b) of this title)’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on January 1, 2018, immediately after the coming 

into effect of the amendments made by part I of subtitle D of title 

VI of the National Defense Authorization Act for Fiscal Year 2016 

(Public Law 114–92; 129 Stat. 842), to which the amendment made 

by subsection (a) relates. 

PART II—OTHER MATTERS 

SEC. 641. USE OF MEMBER’S CURRENT PAY GRADE AND YEARS OF 

SERVICE AND RETIRED PAY COST-OF-LIVING ADJUSTMENTS, RATHER THAN FINAL RETIREMENT PAY GRADE 

AND YEARS OF SERVICE, IN A DIVISION OF PROPERTY INVOLVING DISPOSABLE RETIRED PAY. 

(a) IN GENERAL.—Section 1408(a)(4) of title 10, United States 

Code, is amended— 

(1) by redesignating subparagraphs (A), (B), (C), (D) as 

clauses (i), (ii), (iii), (iv), respectively; 

(2) by inserting ‘‘(A)’’ after ‘‘(4)’’; 

(3) in subparagraph (A), as designated by paragraph (2), by 

inserting ‘‘(as determined pursuant to subparagraph (B)’’ after 

‘‘member is entitled’’; and 

(4) by adding at the end the following new subparagraph: 

‘‘(B) For purposes of subparagraph (A), the total monthly 

retired pay to which a member is entitled shall be— 

‘‘(i) the amount of basic pay payable to the member for 

the member’s pay grade and years of service at the time of 

the court order, as increased by 

‘‘(ii) each cost-of-living adjustment that occurs under 

section 1401a(b) of this title between the time of the court 

order and the time of the member’s retirement using the adjustment provisions under that section applicable to the 

member upon retirement.’’. 

(b) APPLICATION OF AMENDMENTS.—The amendments made by 

subsection (a) shall apply with respect to any division of property 

as part of a final decree of divorce, dissolution, annulment, or legal 

separation involving a member of the Armed Forces to which section 

1408 of title 10, United States Code, applies that becomes final after 

the date of the enactment of this Act. 

SEC. 642. EQUAL BENEFITS UNDER SURVIVOR BENEFIT PLAN FOR 

SURVIVORS OF RESERVE COMPONENT MEMBERS WHO DIE 

IN THE LINE OF DUTY DURING INACTIVE-DUTY TRAINING. 

(a) TREATMENT OF INACTIVE-DUTY TRAINING IN SAME MANNER

AS ACTIVE DUTY.—Section 1451(c)(1)(A) of title 10, United States 

Code, is amended— 

(1) in clause (i)— 

(A) by inserting ‘‘or 1448(f)’’ after ‘‘section 1448(d)’’; 

and 

(B) by inserting ‘‘or (iii)’’ after ‘‘clause (ii)’’; and 

(2) in clause (iii)— 


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(A) by striking ‘‘section 1448(f) of this title’’ and inserting ‘‘section 1448(f)(1)(A) of this title by reason of the death 

of a member or former member not in line of duty’’; and 

(B) by striking ‘‘active service’’ and inserting ‘‘service’’. 

(b) CONSISTENT TREATMENT OF DEPENDENT CHILDREN.—Paragraph (2) of section 1448(f) of title 10, United States Code, is 

amended to read as follows: 

‘‘(2) DEPENDENT CHILDREN ANNUITY.— 

‘‘(A) ANNUITY WHEN NO ELIGIBLE SURVIVING SPOUSE.— 

In the case of a person described in paragraph (1), the Secretary concerned shall pay an annuity under this subchapter to the dependent children of that person under section 1450(a)(2) of this title as applicable. 

‘‘(B) OPTIONAL ANNUITY WHEN THERE IS AN ELIGIBLE

SURVIVING SPOUSE.—The Secretary may pay an annuity 

under this subchapter to the dependent children of a person 

described in paragraph (1) under section 1450(a)(3) of this 

title, if applicable, instead of paying an annuity to the surviving spouse under paragraph (1), if the Secretary concerned, in consultation with the surviving spouse, determines it appropriate to provide an annuity for the dependent children under this paragraph instead of an annuity 

for the surviving spouse under paragraph (1).’’. 

(c) DEEMED ELECTIONS.—Section 1448(f) of title 10, United 

States Code, is further amended by adding at the end the following 

new paragraph: 

‘‘(5) DEEMED ELECTION TO PROVIDE AN ANNUITY FOR DEPENDENT.—Paragraph (6) of subsection (d) shall apply in the 

case of a member described in paragraph (1) who dies after November 23, 2003, when no other annuity is payable on behalf 

of the member under this subchapter.’’. 

(d) AVAILABILITY OF SPECIAL SURVIVOR INDEMNITY ALLOWANCE.—Section 1450(m)(1)(B) of title 10, United States Code, is 

amended by inserting ‘‘or (f)’’ after ‘‘subsection (d)’’. 

(e) APPLICATION OF AMENDMENTS.— 

(1) PAYMENT.—No annuity benefit under subchapter II of 

chapter 73 of title 10, United States Code, shall accrue to any 

person by reason of the amendments made by this section for 

any period before the date of the enactment of this Act. 

(2) ELECTIONS.—For any death that occurred before the 

date of the enactment of this Act with respect to which an annuity under such subchapter is being paid (or could be paid) to 

a surviving spouse, the Secretary concerned may, within six 

months of that date and in consultation with the surviving 

spouse, determine it appropriate to provide an annuity for the 

dependent children of the decedent under paragraph 

1448(f)(2)(B) of title 10, United States Code, as added by subsection (b), instead of an annuity for the surviving spouse. Any 

such determination and resulting change in beneficiary shall be 

effective as of the first day of the first month following the date 

of the determination. 


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SEC. 643. AUTHORITY TO DEDUCT SURVIVOR BENEFIT PLAN PREMIUMS FROM COMBAT-RELATED SPECIAL COMPENSATION 

WHEN RETIRED PAY NOT SUFFICIENT. 

(a) AUTHORITY.—Subsection (d) of section 1452 of title 10, 

United States Code, is amended— 

(1) by redesignating paragraph (2) as paragraph (3); and 

(2) by inserting after paragraph (1) the following new paragraph (2): 

‘‘(2) DEDUCTION FROM COMBAT-RELATED SPECIAL COM- PENSATION WHEN RETIRED PAY NOT ADEQUATE.—In the case of 

a person who has elected to participate in the Plan and who 

has been awarded both retired pay and combat-related special 

compensation under section 1413a of this title, if a deduction 

from the person’s retired pay for any period cannot be made in 

the full amount required, there shall be deducted from the person’s combat-related special compensation in lieu of deduction 

from the person’s retired pay the amount that would otherwise 

have been deducted from the person’s retired pay for that period.’’. 

(b) CONFORMING AMENDMENTS TO SECTION 1452.— 

(1) Subsection (d) of such section is further amended— 

(A) in the subsection heading, by inserting ‘‘OR NOT

SUFFICIENT’’ after ‘‘NOT PAID’’; 

(B) in paragraph (1), by inserting before the period at 

the end the following: ‘‘, except to the extent that the required deduction is made pursuant to paragraph (2)’’; and 

(C) in paragraph (3), as redesignated by subsection 

(a)(1), by striking ‘‘Paragraph (1) does not’’ and inserting 

‘‘Paragraphs (1) and (2) do not’’. 

(2) Subsection (f)(1) of such section is amended by inserting 

‘‘or combat-related special compensation’’ after ‘‘from retired 

pay’’. 

(3) Subsection (g)(4) of such section is amended— 

(A) in the paragraph heading, by inserting ‘‘OR CRSC’’ 

after ‘‘RETIRED PAY’’; and 

(B) by inserting ‘‘or combat-related special compensation’’ after ‘‘from the retired pay’’. 

(c) CONFORMING AMENDMENTS TO OTHER PROVISIONS OF SBP 

STATUTE.— 

(1) Section 1449(b)(2) of such title is amended— 

(A) in the paragraph heading, by inserting ‘‘OR CRSC’’ 

after ‘‘RETIRED PAY’’; and 

(B) by inserting ‘‘or combat-related special compensation’’ after ‘‘from retired pay’’. 

(2) Section 1450(e) of such title is amended— 

(A) in the subsection heading, by inserting ‘‘OR CRSC’’ 

after ‘‘RETIRED PAY’’; and 

(B) in paragraph (1), by inserting ‘‘or combat-related 

special compensation’’ after ‘‘from the retired pay’’. 

SEC. 644. 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. 

(a) EXPANSION OF COVERAGE.—Subsection (a) of section 437 of 

title 37, United States Code, is amended— 


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(1) by inserting ‘‘(1)’’ before ‘‘In the case of’’; 

(2) by striking ‘‘who serves in the theater of operations for 

Operation Enduring Freedom or Operation Iraqi Freedom’’ and 

inserting ‘‘who serves in a designated duty assignment’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(2) In this subsection, the term ‘designated duty assignment’ 

means a permanent or temporary duty assignment outside the 

United States or its possessions in support of a contingency operation in an area that— 

‘‘(A) has been designated a combat zone; or 

‘‘(B) is in direct support of an area that has been designated a combat zone.’’. 

(b) CONFORMING AMENDMENTS.— 

(1) CROSS-REFERENCE.—Subsection (b) of such section is 

amended by striking ‘‘theater of operations’’ and inserting ‘‘designated duty assignment’’. 

(2) SECTION HEADING.—The heading of such section is 

amended to read as follows: 

‘‘§ 437. Allowance to cover monthly premiums for 

Servicemembers’ Group Life Insurance: members 

serving in a designated duty assignment’’. 

(3) TABLE OF SECTIONS.—The item relating to section 437 

in the table of sections at the beginning of chapter 7 of such title 

is amended to read as follows: 

‘‘437. Allowance to cover monthly premium for Servicemembers’ Group Life Insurance: members serving in a designated duty assignment.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to service by members of the Armed Forces in a designated duty assignment (as defined in subsection (a)(2) of section 

437 of title 37, United States Code) for any month beginning on or 

after the date of the enactment of this Act. 

SEC. 645. AUTHORITY FOR PAYMENT OF PAY AND ALLOWANCES AND 

RETIRED AND RETAINER PAY PURSUANT TO POWER OF 

ATTORNEY. 

Section 602 of title 37, United States Code, is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘, in the opinion of a board of medical 

officers or physicians,’’; and 

(B) by striking ‘‘use or benefit’’ and all that follows 

through ‘‘any person designated’’ and inserting the following: ‘‘use or benefit to— 

‘‘(1) a legal committee, guardian, or other representative 

that has been appointed by a court of competent jurisdiction; 

‘‘(2) an individual to whom the member has granted authority to manage such funds pursuant to a valid and legally 

executed durable power of attorney; or 

‘‘(3) any person designated’’; 

(2) in subsection (b)— 

(A) by striking ‘‘The board shall consist’’ and inserting 

‘‘An individual may not be designated under subsection 

(a)(3) to receive payments unless a board consisting’’; and 

(B) by inserting ‘‘determines that the member is mentally incapable of managing the member’s affairs. Any such 

board shall be’’ after ‘‘treatment of mental disorders,’’; 


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(3) in subsection (c), by striking ‘‘designated’’ and inserting 

‘‘authorized to receive payments’’; 

(4) in subsection (d), by inserting ‘‘, unless a court of competent jurisdiction orders payment of such fee, commission, or 

other charge’’ before the period; 

(5) by striking subsection (e); 

(6) by redesignating subsection (f) as subsection (e); and 

(7) in subsection (e), as redesignated by paragraph (6)— 

(A) by inserting ‘‘under subsection (a)(3)’’ after ‘‘who is 

designated’’; and (B) by striking ‘‘$1,000’’ and inserting ‘‘$25,000’’. 

SEC. 646. EXTENSION OF AUTHORITY TO PAY SPECIAL SURVIVOR INDEMNITY ALLOWANCE UNDER THE SURVIVOR BENEFIT 

PLAN. 

Section 1450(m) of title 10, United States Code, is amended— 

(1) in paragraph (2)(I), by striking ‘‘fiscal year 2017’’ and 

inserting ‘‘each of fiscal years 2017 and 2018’’; and 

(2) in paragraph (6)— 

(A) by striking ‘‘September 30, 2017’’ and inserting 

‘‘May 31, 2018’’; and 

(B) by striking ‘‘October 1, 2017’’ both places it appears 

and inserting ‘‘June 1, 2018’’. 

SEC. 647. REPEAL OF OBSOLETE AUTHORITY FOR COMBAT-RELATED 

INJURY REHABILITATION PAY. 

(a) REPEAL.—Section 328 of title 37, United States Code, is repealed. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 5 of such title is amended by striking the item relating to section 328. 

SEC. 648. INDEPENDENT ASSESSMENT OF THE SURVIVOR BENEFIT 

PLAN. 

(a) ASSESSMENT REQUIRED.—The Secretary of Defense shall 

provide for an independent assessment of the Survivor Benefit Plan 

(SBP) under subchapter II of chapter 73 of title 10, United States 

Code, by a Federally-funded research and development center 

(FFRDC). 

(b) ASSESSMENT ELEMENTS.—The assessment conducted pursuant to subsection (a) shall include, but not be limited to, the following: 

(1) The purposes of the Survivor Benefit Plan, the manner 

in which the Plan interacts with other Federal programs to provide financial stability and resources for survivors of members 

of the Armed Forces and military retirees, and a comparison between the benefits available under the Plan, on the one hand, 

and benefits available to Government and private sector employees, on the other hand, intended to provide financial stability and resources for spouses and other dependents when a 

primary family earner dies. 

(2) The effectiveness of the Survivor Benefit Plan in providing survivors with intended benefits, including the provision 

of survivor benefits for survivors of members of the Armed 

Forces dying on active duty and members dying while in reserve active-status. 

(3) The feasibility and advisability of providing survivor 

benefits through alternative insurance products available comVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 00212 Fmt 6659 Sfmt 6603 E:\HR\OC\HR840.XXX HR840

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mercially for similar purposes, the extent to which the Government could subsidize such products at no cost in excess of the 

costs of the Survivor Benefit Plan, and the extent to which such 

products might meet the needs of survivors, especially those on 

fixed incomes, to maintain financial stability. 

(c) REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on 

Armed Services of the Senate and the House of Representatives a report setting forth the results of the assessment conducted pursuant 

to subsection (a), together with such recommendations as the Secretary considers appropriate for legislative or administration action 

in light of the results of the assessment. 

Subtitle E—Commissary and Nonappropriated Fund 

Instrumentality Benefits and Operations 

SEC. 661. PROTECTION AND ENHANCEMENT OF ACCESS TO AND SAVINGS AT COMMISSARIES AND EXCHANGES. 

(a) OPTIMIZATION STRATEGY.—Section 2481(c) of title 10, 

United States Code, is amended by adding at the end the following 

paragraph: 

‘‘(3)(A) The Secretary of Defense shall develop and implement a 

comprehensive strategy to optimize management practices across the 

defense commissary system and the exchange system that reduce reliance of those systems on appropriated funding without reducing 

benefits to the patrons of those systems or the revenue generated by 

nonappropriated fund entities or instrumentalities of the Department of Defense for the morale, welfare, and recreation of members 

of the armed forces. 

‘‘(B) The Secretary shall ensure that savings generated due to 

such optimization practices are shared by the defense commissary 

system and the exchange system through contracts or agreements 

that appropriately reflect the participation of the systems in the development and implementation of such practices. 

‘‘(C) If the Secretary determines that the reduced reliance on appropriated funding pursuant to subparagraph (A) is insufficient to 

maintain the benefits to the patrons of the defense commissary system, and if the Secretary converts the defense commissary system to 

a nonappropriated fund entity or instrumentality pursuant to paragraph (1) of section 2484(j) of this title, the Secretary shall transfer 

appropriated funds pursuant to paragraph (2) of such section to ensure the maintenance of such benefits. 

‘‘(4) On not less than a quarterly basis, the Secretary shall provide to the congressional defense committees a briefing on the defense commissary system, including— 

‘‘(A) an assessment of the savings the system provides patrons; 

‘‘(B) the status of implementing section 2484(i) of this title; 

‘‘(C) the status of implementing section 2484(j) of this title, 

including whether the system requires any appropriated funds 

pursuant to paragraph (2) of such section; 

‘‘(D) the status of carrying out a program for such system 

to sell private label merchandise; and 

‘‘(E) any other matters the Secretary considers appropriate.’’. 


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(b) AUTHORIZATION TO SUPPLEMENT APPROPRIATIONS THROUGH

BUSINESS OPTIMIZATION.—Section 2483(c) of such title is amended 

by adding at the end the following new sentence: ‘‘Such appropriated amounts may also be supplemented with additional funds 

derived from improved management practices implemented pursuant to sections 2481(c)(3) and 2487(c) of this title and the variable 

pricing program implemented pursuant to section 2484(i) of this 

title.’’. 

(c) VARIABLE PRICING PILOT PROGRAM.—Section 2484 of such 

title is amended by adding at the end the following new subsections: 

‘‘(i) VARIABLE PRICING PROGRAM.—(1) Notwithstanding subsection (e), and subject to subsection (k), the Secretary of Defense 

may establish a variable pricing program pursuant to which prices 

may be established in response to market conditions and customer 

demand, in accordance with the requirements of this subsection. 

Notwithstanding the amount of the uniform surcharge assessed in 

subsection (d), the Secretary may provide for an alternative surcharge of not more than five percent of sales proceeds under the 

variable pricing program to be made available for the purposes 

specified in subsection (h). 

‘‘(2) Subject to subsection (k), before establishing a variable 

pricing program under this subsection, the Secretary shall establish 

the following: 

‘‘(A) Specific, measurable benchmarks for success in the 

provision of high quality grocery merchandise, discount savings 

to patrons, and levels of customer satisfaction while achieving 

savings for the Department of Defense. 

‘‘(B) A baseline of overall savings to patrons achieved by 

commissary stores prior to the initiation of the variable pricing 

program, based on a comparison of prices charged by those 

stores on a regional basis with prices charged by relevant local 

competitors for a representative market basket of goods. 

‘‘(3) The Secretary shall ensure that the defense commissary system implements the variable pricing program by conducting price 

comparisons using the methodology established for paragraph (2)(B) 

and adjusting pricing as necessary to ensure that pricing in the 

variable pricing program achieves overall savings to patrons that 

are consistent with the baseline savings established for the relevant 

region pursuant to such paragraph. 

‘‘(j) CONVERSION TO NONAPPROPRIATED FUND ENTITY OR INSTRUMENTALITY.—(1) Subject to subsection (k), if the Secretary of 

Defense determines that the variable pricing program has met the 

benchmarks for success established pursuant to paragraph (2)(A) of 

subsection (i) and the savings requirements established pursuant to 

paragraph (3) of such subsection over a period of at least six 

months, the Secretary may convert the defense commissary system 

to a nonappropriated fund entity or instrumentality, with operating 

expenses financed in whole or in part by receipts from the sale of 

products and the sale of services. Upon such conversion, appropriated funds shall be transferred to the defense commissary system 

only in accordance with paragraph (2) or section 2491 of this title. 

The requirements of section 2483 of this title shall not apply to the 

defense commissary system operating as a nonappropriated fund entity or instrumentality. 


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‘‘(2) If the Secretary determines that the defense commissary 

system operating as a nonappropriated fund entity or instrumentality is likely to incur a loss in any fiscal year as a result of compliance with the savings requirement established in subsection (i), the 

Secretary shall authorize a transfer of appropriated funds available 

for such purpose to the commissary system in an amount sufficient 

to offset the anticipated loss. Any funds so transferred shall be considered to be nonappropriated funds for such purpose. 

‘‘(3)(A) The Secretary may identify positions of employees in the 

defense commissary system who are paid with appropriated funds 

whose status may be converted to the status of an employee of a 

nonappropriated fund entity or instrumentality. 

‘‘(B) The status and conversion of employees in a position identified by the Secretary under subparagraph (A) shall be addressed 

as provided in section 2491(c) of this title for employees in morale, 

welfare, and recreation programs, including with respect to requiring the consent of such employee to be so converted. 

‘‘(C) No individual who is an employee of the defense commissary system as of the date of the enactment of this subsection 

shall suffer any loss of or decrease in pay as a result of a conversion 

made under this paragraph. 

‘‘(k) OVERSIGHT REQUIRED TO ENSURE CONTINUED BENEFIT TO

PATRONS.—(1) With respect to each action described in paragraph 

(2), the Secretary of Defense may not carry out such action until— 

‘‘(A) the Secretary provides to the congressional defense 

committees a briefing on such action, including a justification 

for such action; and 

‘‘(B) a period of 30 days has elapsed following such briefing. 

‘‘(2) The actions described in this paragraph are the following: 

‘‘(A) Establishing the representative market basket of goods 

pursuant to subsection (i)(2)(B). 

‘‘(B) Establishing the variable pricing program under subsection (i)(1). 

‘‘(C) Converting the defense commissary system to a nonappropriated fund entity or instrumentality under subsection 

(j)(1).’’. 

(d) ESTABLISHMENT OF COMMON BUSINESS PRACTICES.—Section 2487 of such title is amended— 

(1) by redesignating subsection (c) as subsection (d); and 

(2) by inserting after subsection (b) the following new subsection (c): 

‘‘(c) COMMON BUSINESS PRACTICES.—(1) Notwithstanding subsections (a) and (b), the Secretary of Defense may establish common 

business processes, practices, and systems— 

‘‘(A) to exploit synergies between the defense commissary 

system and the exchange system; and 

‘‘(B) to optimize the operations of the defense retail systems 

as a whole and the benefits provided by the commissaries and 

exchanges. 

‘‘(2) The Secretary may authorize the defense commissary system and the exchange system to enter into contracts or other agreements— 

‘‘(A) for products and services that are shared by the defense commissary system and the exchange system; and 


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‘‘(B) for the acquisition of supplies, resale goods, and services on behalf of both the defense commissary system and the 

exchange system. 

‘‘(3) For the purpose of a contract or agreement authorized 

under paragraph (2), the Secretary may— 

‘‘(A) use funds appropriated pursuant to section 2483 of 

this title to reimburse a nonappropriated fund entity or instrumentality for the portion of the cost of a contract or agreement 

entered by the nonappropriated fund entity or instrumentality 

that is attributable to the defense commissary system; and 

‘‘(B) authorize the defense commissary system to accept reimbursement from a nonappropriated fund entity or instrumentality for the portion of the cost of a contract or agreement entered by the defense commissary system that is attributable to 

the nonappropriated fund entity or instrumentality.’’. 

(e) AUTHORITY FOR EXPERT COMMERCIAL ADVICE.—Section 

2485 of such title is amended by adding at the end the following 

new subsection: 

‘‘(i) EXPERT COMMERCIAL ADVICE.—The Secretary of Defense 

may enter into a contract with an entity to obtain expert commercial 

advice, commercial assistance, or other similar services not otherwise carried out by the Defense Commissary Agency, to implement 

section 2481(c), subsections (i) and (j) of section 2484, and section 

2487(c) of this title.’’. 

(f) CLARIFICATION OF REFERENCES TO ‘‘THE EXCHANGE SYS- TEM’’.—Section 2481(a) of such title is amended by adding at the 

end the following new sentence: ‘‘Any reference in this chapter to ‘the 

exchange system’ shall be treated as referring to each separate administrative entity within the Department of Defense through which 

the Secretary has implemented the requirement under this subsection for a world-wide system of exchange stores.’’. 

(g) OPERATION OF DEFENSE COMMISSARY SYSTEM AS A NON- APPROPRIATED FUND ENTITY.—In the event that the defense commissary system is converted to a nonappropriated fund entity or instrumentality as authorized by section 2484(j)(1) of title 10, United 

States Code, as added by subsection (c) of this section, the Secretary 

of Defense may— 

(1) provide for the transfer of commissary assets, including 

inventory and available funds, to the nonappropriated fund entity or instrumentality; and 

(2) ensure that revenues accruing to the defense commissary 

system are appropriately credited to the nonappropriated fund 

entity or instrumentality. 

(h) CONFORMING CHANGE.—Section 2643(b) of such title is 

amended by adding at the end the following new sentence: ‘‘Such 

appropriated funds may be supplemented with additional funds derived from improved management practices implemented pursuant 

to sections 2481(c)(3) and 2487(c) of this title.’’. 

SEC. 662. ACCEPTANCE OF MILITARY STAR CARD AT COMMISSARIES. 

(a) IN GENERAL.—The Secretary of Defense shall ensure that— 

(1) commissary stores accept as payment the Military Star 

Card; and 

(2) any financial liability of the United States relating to 

such acceptance as payment be assumed by the Army and Air 

Force Exchange Service. 


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(b) MILITARY STAR CARD DEFINED.—In this section, the term 

‘‘Military Star Card’’ means a credit card administered under the 

Exchange Credit Program by the Army and Air Force Exchange 

Service. 

Subtitle F—Other Matters 

SEC. 671. RECOVERY OF AMOUNTS OWED TO THE UNITED STATES BY 

MEMBERS OF THE UNIFORMED SERVICES. 

(a) STATUTE OF LIMITATIONS.—Section 1007(c)(3) of title 37, 

United States Code, is amended by adding at the end the following 

new subparagraphs: 

‘‘(C)(i) In accordance with clause (ii), if the indebtedness of a 

member of the uniformed services to the United States occurs, 

through no fault of the member, as a result of the overpayment of 

pay or allowances to the member or upon the settlement of the member’s accounts, the Secretary concerned may not recover the indebtedness from the member, including a retired or former member, 

using deductions from the pay of the member, deductions from retired or separation pay, or any other collection method unless recovery of the indebtedness commences before the end of the 10-year period beginning on the date on which the indebtedness was incurred. 

‘‘(ii) Clause (i) applies with respect to indebtedness incurred on 

or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017. 

‘‘(D)(i) Not later than January 1 of each of 2017 through 2027, 

the Director of the Defense Finance and Accounting Service shall review all cases occurring during the 10-year period prior to the date 

of the review of indebtedness of a member of the uniformed services, 

including a retired or former member, to the United States in 

which— 

‘‘(I) the recovery of the indebtedness commenced after the 

end of the 10-year period beginning on the date on which the 

indebtedness was incurred; or 

‘‘(II) the Director did not otherwise notify the member of 

such indebtedness during such 10-year period. 

‘‘(ii) The Director shall submit to the congressional defense committees and the Committees on Veterans’ Affairs of the House of 

Representatives and the Senate each review conducted under clause 

(i), including the amounts owed to the United States by the members included in such review.’’. 

(b) REMISSION OR CANCELLATION OF INDEBTEDNESS OF RESERVES NOT ON ACTIVE DUTY.— 

(1) ARMY.—Section 4837(a) of title 10, United States Code, 

is amended by striking ‘‘on active duty as a member of the 

Army’’ and inserting ‘‘as a member of the Army, whether as a 

regular or a reserve in active status’’. 

(2) NAVY.—Section 6161(a) of such title is amended by 

striking ‘‘on active duty as a member of the naval service’’ and 

inserting ‘‘as a member of the naval service, whether as a regular or a reserve in active status’’. 

(3) AIR FORCE.—Section 9837(a) of such title is amended by 

striking ‘‘on active duty as a member of the Air Force’’ and inserting ‘‘as a member of the Air Force, whether as a regular or 

a reserve in active status’’. 


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(4) COAST GUARD.—Section 461(1) of title 14, United States 

Code, is amended by striking ‘‘on active duty as a member of 

the Coast Guard’’ and inserting ‘‘as a member of the Coast 

Guard, whether as a regular or a reserve in active status’’. 

(5) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on the date of the enactment of this Act, 

and shall apply with respect to debt incurred on or after October 7, 2001. 

(c) BENEFITS PAID TO MEMBERS OF CALIFORNIA NATIONAL

GUARD.— 

(1) REVIEW OF CERTAIN BENEFITS PAID.— (A) IN GENERAL.—The Secretary of Defense shall conduct a review of all bonus pays, special pays, student loan 

repayments, and similar special payments that were paid 

to members of the National Guard of the State of California during the period beginning on January 1, 2004, 

and ending on December 31, 2015. 

(B) EXCEPTION.—A review is not required under this 

paragraph for benefits paid as described in subparagraph 

(A) that were reviewed before the date of the enactment of 

this Act and in which fraud or other ineligibility was identified in connection with payment. 

(C) CONDUCT OF REVIEW.—The Secretary shall establish a process to expedite the review required by this paragraph. The Secretary shall allocate appropriate personnel 

and other resources of the Department of Defense for the 

process, and for such other purposes as the Secretary considers appropriate, in order to achieve the completion of the 

review by the date specified in subparagraph (D). 

(D) COMPLETION.—The review required by this paragraph shall be completed by not later than July 30, 2017. 

(2) REVIEW.— 

(A) IN GENERAL.—In conducting the review of benefits 

paid to members of the National Guard of the State of California pursuant to paragraph (1), the board of review concerned shall— 

(i) carry out a complete review of all bonus pay 

and special pay contracts awarded to such members 

during the period described in paragraph (1)(A) for 

which the Department has reason to believe a 

recoupment of pay may be warranted in order to determine whether such members were eligible for the contracts so awarded and whether the contracts so awarded accurately specified the amounts of pay for which 

members were eligible; 

(ii) carry out a complete review of all student loan 

repayment contracts awarded to such members during 

the period for which the Department has reason to believe a recoupment of payment may be warranted in 

order to determine whether such members were eligible 

for the contracts so awarded and whether the contracts 

so awarded accurately specified the amounts of payment for which members were eligible; 

(iii) carry out a complete review of any other similar special payments paid to such members during the 


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period for which the Department has reason to believe 

a recoupment of payments may be warranted in order 

to determine whether such members were eligible for 

payment and in such amount; 

(iv) if any member is determined not to have been 

eligible for a bonus pay, special pay, student loan repayment, or other special payment paid, determine 

whether waiver of recoupment is warranted; and 

(v) if any bonus pay, special pay, student loan repayment, or other special payment paid to any such 

member during the period has been recouped, determine whether the recoupment was unwarranted. 

(B) WAIVER OF RECOUPMENT.—For purposes of clause 

(iv) of subparagraph (A), the board of review shall determine that waiver of recoupment is warranted with respect 

to a particular member unless the board makes an affirmative determination, by a preponderance of the evidence, that 

the member knew or reasonably should have known that 

the member was ineligible for the bonus pay, special pay, 

student loan repayment, or other special payment otherwise 

subject to recoupment. 

(C) PROPRIETY OF RECOUPMENT.—For purposes of 

clause (v) of subparagraph (A), the board of review shall 

determine that recoupment was unwarranted with respect 

to a particular member unless the board makes an affirmative determination, by a preponderance of the evidence, that 

the member knew or reasonably should have known that 

the member was ineligible for the bonus pay, special pay, 

student loan repayment, or other special payment recouped. 

(D) STANDARD OF REVIEW.—In applying subparagraph 

(B) or (C) in making a determination under clause (iv) or 

(v) of subparagraph (A), as applicable, with respect to a 

member, the board of review shall evaluate the evidence in 

a light most favorable to the member. 

(3) PARTICIPATION OF MEMBERS.— (A) IN GENERAL.—A member subject to a determination 

under clause (iv) or (v) of paragraph (2)(A) may submit to 

the board of review concerned such documentary and other 

evidence as the member considers appropriate to assist the 

board of review in the determination. 

(B) NOTICE.—The Secretary shall notify, in writing, 

each member subject to a determination under clause (iv) 

or (v) of paragraph (2)(A) of the review under paragraph 

(1) and the applicability of the determination process under 

such clause to such member. The notice shall be provided 

at a time designed to give each member a reasonable opportunity to submit documentary and other evidence as authorized by subparagraph (A). The notice shall provide 

each member the following: 

(i) Notice of the opportunity for such member to 

submit evidence to assist the board of review. 

(ii) A description of resources available to such 

member to submit such evidence. 

(C) CONSIDERATION.—In making a determination 

under clause (iv) or (v) of paragraph (2)(A) with respect to 


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a member, the board of review shall undertake a comprehensive review of any submissions made by the member 

pursuant to this paragraph. 

(4) ACTIONS FOLLOWING REVIEW.— 

(A) WAIVER OF RECOUPMENT.—Upon completion of a 

review pursuant to paragraph (2)(A)(iv) with respect to a 

member— 

(i) the board of review shall submit to the Secretary concerned a notice setting forth— 

(I) the determination of the board pursuant to 

that paragraph with respect to the member; and 

(II) the recommendation of the board whether 

or not the recoupment of the bonus pay, special 

pay, student loan repayment, or other special payment covered by the determination should be 

waived; and 

(ii) the Secretary may waive recoupment of the pay, 

repayment, or other payment from the member. 

(B) REPAYMENT OF AMOUNT RECOUPED.—Upon completion of a review pursuant to paragraph (2)(A)(v) with respect to a member— 

(i) the board of review shall submit to the Secretary concerned a notice setting forth— 

(I) the determination of the board pursuant to 

that paragraph with respect to the member; and 

(II) the recommendation of the board whether 

or not the recouped bonus pay, special pay, student 

loan repayment, or other special payment covered 

by the determination should be repaid the member; 

and 

(ii) the Secretary may repay the member the 

amount so recouped. 

(C) CONSUMER CREDIT AND RELATED MATTERS.—If the 

Secretary concerned waives recoupment of a bonus pay, special pay, student loan repayment, or other special payment 

paid a member pursuant to paragraph (4)(A)(ii), or repays 

a member an amount of a bonus pay, special pay, student 

loan repayment, or other special payment recouped pursuant to paragraph (4)(B)(ii), the Secretary shall— 

(i) in the event the Secretary had previously notified a consumer reporting agency of the existence of the 

debt subject to the relief granted the member pursuant 

to this paragraph, notify such consumer reporting 

agency that such debt was never valid; and 

(ii) if the member is experiencing or has experienced financial hardship as a result of the actions of 

the United States to obtain recoupment of such debt, 

assist the member, to the extent practicable, in addressing such financial hardship in accordance with such 

mechanisms as the Secretary shall develop for purposes 

of this clause. 

(D) EFFECT OF CONSUMER CREDIT NOTIFICATION.—A 

consumer reporting agency notified of the invalidity of a 

debt pursuant to subparagraph (C)(i) may not, after the 


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date of the notice, make any consumer report containing 

any information relating to the debt. 

(E) DEFINITIONS.—In this paragraph, the terms ‘‘consumer reporting agency’’ and ‘‘consumer report’’ have the 

meaning given such terms in section 603 of the Fair Credit 

Reporting Act (15 U.S.C. 1681a). 

(5) FUNDING.—Amounts for activities under this subsection, 

including for the conduct of the review required by paragraph 

(1), for activities in connection with the review, for repayments 

pursuant to paragraph (4)(B), and for activities under paragraph (4)(C), shall be derived from amounts available for the 

National Guard of the United States for the State of California. 

(6) SECRETARY OF DEFENSE REPORT.— 

(A) IN GENERAL.—Not later than August 1, 2017, the 

Secretary of Defense shall submit to the Committees on 

Armed Services of the Senate and the House of Representatives a report on the review conducted pursuant to paragraph (1). 

(B) ELEMENTS.—The report under this paragraph shall 

include the following: 

(i) The total amount of bonus pays, special pays, 

student loan repayments, and other special pays paid 

to members of the National Guard of the State of California during the period beginning on September 1, 

2001, and ending on December 31, 2015. 

(ii) The number of bonus pay and special pay contracts reviewed pursuant to paragraph (2)(A)(i), and 

the amounts of such pays paid under each such contract. 

(iii) The number of student loan repayment contracts reviewed pursuant to paragraph (2)(A)(ii), and 

the amounts of such payments made pursuant to each 

such contract. 

(iv) The number of other special pay payments reviewed pursuant to paragraph (2)(A)(iii), and the 

amounts of such payments made to each particular 

member so paid. 

(v) The number of bonus pay and special pay contracts, student loan repayments, and other special pay 

payments that were determined pursuant to the review 

to be paid in error, and the total amount, if any, recouped from each member concerned. 

(vi) Any additional fraud or other ineligibility 

identified in the course of the review in the payment of 

bonus pays, special pays, student loan repayments, and 

other special pays paid to the members of the National 

Guard of the State of California during the period beginning on September 1, 2001, and ending on December 31, 2015. 

(7) COMPTROLLER GENERAL REPORT.— (A) IN GENERAL.—Not later than one year after the 

date of the enactment of this Act, the Comptroller General 

of the United States shall submit to the Committees on 

Armed Services of the Senate and the House of Representatives a report on the actions of the National Guard of the 


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State of California relating to the payment of bonus pays, 

special pays, student loan repayments, and other special 

pays from 2004 through 2015. 

(B) ELEMENTS.—The report under this paragraph shall 

include the following: 

(i) An assessment whether the National Guard of 

the State of California and the National Guard Bureau 

have established policies and procedures that will minimize the chance of improper payment of such pays and 

repayments and of managerial abuse in the payment of 

such pays and repayments. 

(ii) An assessment whether the procedures, processes, and resources of the Defense Finance and Accounting Service and the Defense Office of Hearings 

and Appeals were appropriate to identify and respond 

to fraud or other ineligibility in connection with the 

payment of such pays and repayments, and to do so in 

a timely manner. 

(iii) Any recommendations the Comptroller General 

considers appropriate to streamline the procedures and 

processes for the waiver of recoupment of the payment 

of such pays and repayments by the United States 

when recoupment is unwarranted. 

SEC. 672. MODIFICATION OF FLAT RATE PER DIEM REQUIREMENT FOR 

PERSONNEL ON LONG-TERM TEMPORARY DUTY ASSIGNMENTS. 

(a) MODIFICATION OF FLAT RATE.— (1) IN GENERAL.—The Secretary of Defense shall take such 

action as may be necessary to provide that, to the extent that 

regulations implementing travel and transportation authorities 

for military and civilian personnel of the Department of Defense 

impose a flat rate per diem for meals and incidental expenses 

for authorized travelers on long-term temporary duty assignments that is at a reduced rate compared to the per diem rate 

otherwise applicable, the Secretary concerned may waive the applicability of such reduced rate and pay such travelers actual 

expenses up to the full per diem rate for such travel in any case 

when the Secretary concerned determines that the reduced flat 

rate per diem for meals and incidental expenses is not sufficient 

under the circumstances of the temporary duty assignment. 

(2) APPLICABILITY.—The Secretary concerned may exercise 

the authority provided pursuant to paragraph (1) with respect 

to per diem payable for any day on or after the date of the enactment of this Act. 

(b) DELEGATION OF AUTHORITY.—The authority pursuant to 

subsection (a) may be delegated by the Secretary concerned to an officer at the level of lieutenant general or vice admiral, or above. 

Such authority may not be delegated to an officer below that level. 

(c) WAIVER OF COLLECTION OF RECEIPTS.—The Secretary concerned or an officer to whom the authority pursuant to subsection 

(a) is delegated pursuant to subsection (b) may waive any requirement for the submittal of receipts by travelers on long-term temporary duty assignments for the purpose of receiving the full per 

diem rate pursuant to subsection (a) if the Secretary concerned or 

officer, as described in subsection (b), personally certifies that reVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 00222 Fmt 6659 Sfmt 6603 E:\HR\OC\HR840.XXX HR840

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quiring travelers to submit receipts for that purpose will negatively 

affect mission performance or create an undue administrative burden. 

(d) SECRETARY CONCERNED DEFINED.—In this section, the term 

‘‘Secretary concerned’’ has the meaning given that term in section 

101 of title 37, United States Code. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—Reform of TRICARE and Military Health System 

Sec. 701. TRICARE Select and other TRICARE reform. 

Sec. 702. Reform of administration of the Defense Health Agency and military medical treatment facilities. 

Sec. 703. Military medical treatment facilities. 

Sec. 704. Access to urgent and primary care under TRICARE program. 

Sec. 705. Value-based purchasing and acquisition of managed care support contracts for TRICARE program. 

Sec. 706. Establishment of high performance military-civilian integrated health delivery systems. 

Sec. 707. Joint Trauma System. 

Sec. 708. Joint Trauma Education and Training Directorate. 

Sec. 709. Standardized system for scheduling medical appointments at military 

treatment facilities. 

Subtitle B—Other Health Care Benefits 

Sec. 711. Extended TRICARE program coverage for certain members of the National 

Guard and dependents during certain disaster response duty. 

Sec. 712. Continuity of health care coverage for Reserve Components. 

Sec. 713. Provision of hearing aids to dependents of retired members. 

Sec. 714. Coverage of medically necessary food and vitamins for certain conditions 

under the TRICARE program. 

Sec. 715. Eligibility of certain beneficiaries under the TRICARE program for participation in the Federal Employees Dental and Vision Insurance Program. 

Sec. 716. Applied behavior analysis. 

Sec. 717. Evaluation and treatment of veterans and civilians at military treatment 

facilities. 

Sec. 718. Enhancement of use of telehealth services in military health system. 

Sec. 719. Authorization of reimbursement by Department of Defense to entities carrying out State vaccination programs for costs of vaccines provided to 

covered beneficiaries. 

Subtitle C—Health Care Administration 

Sec. 721. Authority to convert military medical and dental positions to civilian medical and dental positions. 

Sec. 722. Prospective payment of funds necessary to provide medical care for the 

Coast Guard. 

Sec. 723. Reduction of administrative requirements relating to automatic renewal of 

enrollments in TRICARE Prime. 

Sec. 724. Modification of authority of Uniformed Services University of the Health 

Sciences to include undergraduate and other medical education and 

training programs. 

Sec. 725. Adjustment of medical services, personnel authorized strengths, and infrastructure in military health system to maintain readiness and core competencies of health care providers. 

Sec. 726. Program to eliminate variability in health outcomes and improve quality 

of health care services delivered in military medical treatment facilities. 

Sec. 727. Acquisition strategy for health care professional staffing services. 

Sec. 728. Adoption of core quality performance metrics. 

Sec. 729. Improvement of health outcomes and control of costs of health care under 

TRICARE program through programs to involve covered beneficiaries. 

Sec. 730. Accountability for the performance of the military health system of certain 

leaders within the system. 

Sec. 731. Establishment of advisory committees for military treatment facilities. 


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Subtitle D—Reports and Other Matters 

Sec. 741. Extension of authority for joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund and report on implementation of information technology capabilities. 

Sec. 742. Pilot program on expansion of use of physician assistants to provide mental health care to members of the Armed Forces. 

Sec. 743. Pilot program for prescription drug acquisition cost parity in the 

TRICARE pharmacy benefits program. 

Sec. 744. Pilot program on display of wait times at urgent care clinics and pharmacies of military medical treatment facilities. 

Sec. 745. Requirement to review and monitor prescribing practices at military treatment facilities of pharmaceutical agents for treatment of post-traumatic 

stress. 

Sec. 746. Department of Defense study on preventing the diversion of opioid medications. 

Sec. 747. Incorporation into survey by Department of Defense of questions on experiences of members of the Armed Forces with family planning services 

and counseling. 

Sec. 748. 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. 749. Oversight of graduate medical education programs of military departments. 

Sec. 750. Study on health of helicopter and tiltrotor pilots. 

Sec. 751. Comptroller General reports on health care delivery and waste in military 

health system. 

Subtitle A—Reform of TRICARE and Military Health System 

SEC. 701. TRICARE SELECT AND OTHER TRICARE REFORM. 

(a) ESTABLISHMENT OF TRICARE SELECT.— 

(1) IN GENERAL.—Chapter 55 of title 10, United States 

Code, is amended by inserting after section 1074n the following 

new section: 

‘‘§ 1075. TRICARE Select 

‘‘(a) ESTABLISHMENT.—(1) Not later than January 1, 2018, the 

Secretary of Defense shall establish a self-managed, preferred-provider network option under the TRICARE program. Such option 

shall be known as ‘TRICARE Select’. 

‘‘(2) The Secretary shall establish TRICARE Select in all areas. 

Under TRICARE Select, eligible beneficiaries will not have restrictions on the freedom of choice of the beneficiary with respect to 

health care providers. 

‘‘(b) ENROLLMENT ELIGIBILITY.—(1) The beneficiary categories 

for purposes of eligibility to enroll in TRICARE Select and costsharing requirements applicable to such category are as follows: 

‘‘(A) An ‘active-duty family member’ category that consists 

of beneficiaries who are covered by section 1079 of this title (as 

dependents of active duty members). 

‘‘(B) A ‘retired’ category that consists of beneficiaries covered by subsection (c) of section 1086 of this title, other than 

Medicare-eligible beneficiaries described in subsection (d)(2) of 

such section. 

‘‘(C) A ‘reserve and young adult’ category that consists of 

beneficiaries who are covered by— 

‘‘(i) section 1076d of this title; 

‘‘(ii) section 1076e; or 

‘‘(iii) section 1110b. 


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‘‘(2) A covered beneficiary who elects to participate in TRICARE 

Select shall enroll in such option under section 1099 of this title. 

‘‘(c) COST-SHARING REQUIREMENTS.—The cost-sharing requirements under TRICARE Select are as follows: 

‘‘(1) With respect to beneficiaries in the active-duty family 

member category or the retired category by reason of being a 

member or former member of the uniformed services who originally enlists or is appointed in the uniformed services on or 

after January 1, 2018, or by reason of being a dependent of 

such a member, the cost-sharing requirements shall be calculated pursuant to subsection (d)(1). 

‘‘(2)(A) Except as provided by subsection (e), with respect to 

beneficiaries described in subparagraph (B) in the active-duty 

family member category or the retired category, the cost-sharing 

requirements shall be calculated as if the beneficiary were enrolled in TRICARE Extra or TRICARE Standard as if 

TRICARE Extra or TRICARE Standard, as the case may be, 

were still being carried out by the Secretary. 

‘‘(B) Beneficiaries described in this subparagraph are beneficiaries who are eligible to enroll in the TRICARE program by 

reason of being a member or former member of the uniformed 

services who originally enlists or is appointed in the uniformed 

services before January 1, 2018, or by reason of being a dependent of such a member. 

‘‘(3) With respect to beneficiaries in the reserve and young 

adult category, the cost-sharing requirements shall be calculated pursuant to subsection (d)(1) as if the beneficiary were 

in the active-duty family member category or the retired category, as applicable, except that the premiums calculated pursuant to section 1076d, 1076e, or 1110b of this title, as the case 

may be, shall apply instead of any enrollment fee required 

under this section. 

‘‘(d) COST-SHARING AMOUNTS FOR CERTAIN BENEFICIARIES.—(1) 

Beneficiaries described in subsection (c)(1) enrolled in TRICARE Select shall be subject to cost-sharing requirements in accordance with 

the amounts and percentages under the following table during calendar year 2018 and as such amounts are adjusted under paragraph (2) for subsequent years: 

‘‘TRICARE Select 

Active-Duty Family Member 

(Individual/Family) 

Retired 

(Individual/Family) 

Annual Enrollment $0 .................................................................... $450 / $900 

Annual deductible E4 & below: $50 / $100 $150 / $300 Network 

E5 & above: $150 / $300 $300 / $600 out of 

network 

Annual catastrophic cap $1,000 ............................................................. $3,500 

Outpatient visit civilian network $15 primary care ........................................... $25 primary care 

$25 specialty care .......................................... $40 specialty care 

......................................................................... ........................................

Out of network: 20% ..................................... 25% of out of network 


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‘‘TRICARE Select 

Active-Duty Family Member 

(Individual/Family) 

Retired 

(Individual/Family) 

ER visit civilian 

network 

$40 network ................................................... $80 network 

20% out of network ....................................... 25% out of network 

Urgent care civilian 

network 

$20 network ................................................... $40 network 

20% out of network ....................................... 25% out of network 

Ambulatory surgery 

civilian network 

$25 network ................................................... $95 network 

20% out of network ....................................... 25% out of network 

Ambulance civilian 

network 

$15 .................................................................. $60 

Durable medical 

equipment civilian network 

10% of negotiated fee .................................... 20% network 

Inpatient visit civilian network $60 per network admission .......................... $175 per admission 

network 

......................................................................... ........................................

20% out of network ....................................... 25% out of network 

Inpatient skilled 

nursing/rehab civilian 

$25 per day network ..................................... $50 per day network 

$50 per day out of network ........................... Lesser of $300 per day 

or 20% of billed charges 

out of network 

‘‘(2) Each dollar amount expressed as a fixed dollar amount in 

the table set forth in paragraph (1), and the amounts specified 

under paragraphs (1) and (2) of subsection (e), shall be annually indexed to the amount by which retired pay is increased under section 

1401a of this title, rounded to the next lower multiple of $1. The remaining amount above such multiple of $1 shall be carried over to, 

and accumulated with, the amount of the increase for the subsequent year or years and made when the aggregate amount of increases carried over under this clause for a year is $1 or more. 

‘‘(3) Enrollment fees, deductible amounts, and catastrophic caps 

under this section are on a calendar-year basis. 

‘‘(e) EXCEPTIONS TO CERTAIN COST-SHARING AMOUNTS FOR CER- TAIN BENEFICIARIES ELIGIBLE PRIOR TO 2018.—(1) Subject to paragraph (4), and in accordance with subsection (d)(2), the Secretary 

shall establish an annual enrollment fee for beneficiaries described 

in subsection (c)(2)(B) in the retired category who enroll in 

TRICARE Select (other than such beneficiaries covered by paragraph (3)). Such enrollment fee shall be $150 for an individual and 

$300 for a family. 

‘‘(2) For the calendar year for which the Secretary first establishes the annual enrollment fee under paragraph (1), the Secretary 

shall adjust the catastrophic cap amount to be $3,500 for beneficiaries described in subsection (c)(2)(B) in the retired category who 

are enrolled in TRICARE Select (other than such beneficiaries covered by paragraph (3)). 


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‘‘(3) The enrollment fee established pursuant to paragraph (1) 

and the catastrophic cap adjusted under paragraph (2) for beneficiaries described in subsection (c)(2)(B) in the retired category 

shall not apply with respect to the following beneficiaries: 

‘‘(A) Retired members and the family members of such 

members covered by paragraph (1) of section 1086(c) of this title 

by reason of being retired under chapter 61 of this title or being 

a dependent of such a member. 

‘‘(B) Survivors covered by paragraph (2) of such section 

1086(c). 

‘‘(4) The Secretary may not establish an annual enrollment fee 

under paragraph (1) until 90 days has elapsed following the date 

on which the Comptroller General of the United States is required 

to submit the review under paragraph (5). 

‘‘(5) Not later than February 1, 2020, the Comptroller General 

of the United States shall submit to the Committees on Armed Services of the House of Representatives and the Senate a review of the 

following: 

‘‘(A) Whether health care coverage for covered beneficiaries 

has changed since the enactment of this section. 

‘‘(B) Whether covered beneficiaries are able to obtain appointments for health care according to the access standards established by the Secretary of Defense. 

‘‘(C) The percent of network providers that accept new patients under the TRICARE program. 

‘‘(D) The satisfaction of beneficiaries under TRICARE Select. 

‘‘(f) EXCEPTION TO COST-SHARING REQUIREMENTS FOR

TRICARE FOR LIFE BENEFICIARIES.—A beneficiary enrolled in 

TRICARE for Life is subject to cost-sharing requirements pursuant 

to section 1086(d)(3) of this title and calculated as if the beneficiary 

were enrolled in TRICARE Standard as if TRICARE Standard 

were still being carried out by the Secretary. 

‘‘(g) CONSTRUCTION.—Nothing in this section may be construed 

as affecting the availability of TRICARE Prime and TRICARE for 

Life or the cost-sharing requirements for TRICARE for Life under 

section 1086(d)(3) of this title. 

‘‘(h) DEFINITIONS.—In this section: 

‘‘(1) The terms ‘active-duty family member category’, ‘retired 

category’, and ‘reserve and young adult category’ mean the respective categories of TRICARE Select enrollment described in 

subsection (b). 

‘‘(2) The term ‘network’ means— 

‘‘(A) with respect to health care services, such services 

provided to beneficiaries by TRICARE-authorized civilian 

health care providers who have entered into a contract 

under this chapter with a contractor under the TRICARE 

program; and 

‘‘(B) with respect to providers, civilian health care providers who have agreed to accept a pre-negotiated rate as 

the total charge for services provided by the provider and 

to file claims for beneficiaries. 

‘‘(3) The term ‘out-of-network’ means, with respect to health 

care services, such services provided by TRICARE-authorized 


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civilian providers who have not entered into a contract under 

this chapter with a contractor under the TRICARE program.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 55 of title 10, United States Code, is amended by inserting after the item relating to section 1074n, the following new item: 

‘‘1075. TRICARE Select.’’. 

(b) TRICARE PRIME COST SHARING.— 

(1) IN GENERAL.—Chapter 55 of title 10, United States 

Code, is amended by inserting after section 1075, as added by 

subsection (a), the following new section: 

‘‘§ 1075a. TRICARE Prime: cost sharing 

‘‘(a) COST-SHARING REQUIREMENTS.—The cost-sharing requirements under TRICARE Prime are as follows: 

‘‘(1) There are no cost-sharing requirements for beneficiaries 

who are covered by section 1074(a) of this title. 

‘‘(2) With respect to beneficiaries in the active-duty family 

member category or the retired category (as described in section 

1075(b)(1) of this title) by reason of being a member or former 

member of the uniformed services who originally enlists or is 

appointed in the uniformed services on or after January 1, 

2018, or by reason of being a dependent of such a member, the 

cost-sharing requirements shall be calculated pursuant to subsection (b)(1). 

‘‘(3)(A) With respect to beneficiaries described in subparagraph (B) in the active-duty family member category or the retired category (as described in section 1075(b)(1) of this title), 

the cost-sharing requirements shall be calculated in accordance 

with the other provisions of this chapter without regard to subsection (b). 

‘‘(B) Beneficiaries described in this subparagraph are beneficiaries who are eligible to enroll in the TRICARE program by 

reason of being a member or former member of the uniformed 

services who originally enlists or is appointed in the uniformed 

services before January 1, 2018, or by reason of being a dependent of such a member. 

‘‘(b) COST-SHARING AMOUNTS.—(1) Beneficiaries described in 

subsection (a)(2) enrolled in TRICARE Prime shall be subject to 

cost-sharing requirements in accordance with the amounts and percentages under the following table during calendar year 2018 and 

as such amounts are adjusted under paragraph (2) for subsequent 

years: 

‘‘TRICARE Prime 

Active-Duty Family Member 

(Individual/Family) 

Retired 

(Individual/Family) 

Annual Enrollment .... $0 .................................................................... $350 / $700 

Annual deductible ...... No ................................................................... No 

Annual catastrophic 

cap.

$1,000 ............................................................. $3,500 


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‘‘TRICARE Prime 

Active-Duty Family Member 

(Individual/Family) 

Retired 

(Individual/Family) 

Outpatient visit civilian network.$0 .................................................................... $20 primary care 

...................................... ......................................................................... $30 specialty care 

ER visit civilian network.$0 .................................................................... $60 network 

Urgent care civilian 

network.

$0 .................................................................... $30 network 

Ambulatory surgery 

civilian network.

$0 .................................................................... $60 network 

Ambulance civilian 

network.

$0 .................................................................... $40 

Durable medical 

equipment civilian 

network.

$0 .................................................................... 20% of negotiated fee, 

network 

Inpatient visit civilian 

network.

$0 .................................................................... $150 per admission 

Inpatient skilled nursing/rehab civilian.$0 .................................................................... $30 per day network 

‘‘(2) Each dollar amount expressed as a fixed dollar amount in 

the table set forth in paragraph (1) shall be annually indexed to the 

amount by which retired pay is increased under section 1401a of 

this title, rounded to the next lower multiple of $1. The remaining 

amount above such multiple of $1 shall be carried over to, and accumulated with, the amount of the increase for the subsequent year 

or years and made when the aggregate amount of increases carried 

over under this clause for a year is $1 or more. 

‘‘(3) Enrollment fees, deductible amounts, and catastrophic caps 

under this section are on a calendar-year basis. 

‘‘(c) SPECIAL RULE FOR AMOUNTS WITHOUT REFERRALS.—Notwithstanding subsection (b)(1), the cost-sharing amount for a beneficiary enrolled in TRICARE Prime who does not obtain a referral 

for care under paragraph (1) of section 1075f(a) of this title (or a 

waiver pursuant to paragraph (2) of such section for such care) 

shall be an amount equal to 50 percent of the allowed point-of-service charge for such care.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 55 of title 10, United States Code, is amended by inserting after the item relating to section 1075, as added 

by subsection (a), the following new item: 

‘‘1075a. TRICARE Prime: cost sharing.’’. 

(c) REFERRALS AND PREAUTHORIZATION FOR TRICARE 

PRIME.—Section 1095f of title 10, United States Code, is amended 

to read as follows: 


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‘‘§ 1095f. TRICARE program: referrals and preauthorizations 

under TRICARE Prime 

‘‘(a) REFERRALS.—(1) Except as provided by paragraph (2), a 

beneficiary enrolled in TRICARE Prime shall be required to obtain 

a referral for care through a designated primary care manager (or 

other care coordinator) prior to obtaining care under the TRICARE 

program. 

‘‘(2) The Secretary may waive the referral requirement in paragraph (1) in such circumstances as the Secretary may establish for 

purposes of this subsection. 

‘‘(3) The cost-sharing amounts for a beneficiary enrolled in 

TRICARE Prime who does not obtain a referral for care under 

paragraph (1) (or a waiver pursuant to paragraph (2) for such care) 

shall be determined under section 1075a(c) of this title. 

‘‘(b) PREAUTHORIZATION.—A beneficiary enrolled in TRICARE 

Prime shall be required to obtain preauthorization only with respect 

to a referral for the following: 

‘‘(1) Inpatient hospitalization. 

‘‘(2) Inpatient care at a skilled nursing facility. 

‘‘(3) Inpatient care at a rehabilitation facility. 

‘‘(c) PROHIBITION REGARDING PRIOR AUTHORIZATION FOR CERTAIN REFERRALS.—The Secretary of Defense shall ensure that no 

contract for managed care support under the TRICARE program includes any requirement that a managed care support contractor require a primary care or specialty care provider to obtain prior authorization before referring a patient to a specialty care provider 

that is part of the network of health care providers or institutions 

of the contractor.’’. 

(d) ENROLLMENT PERIODS.— 

(1) ANNUAL PERIODS AND QUALIFYING EVENTS.—Section 

1099(b) of title 10, United States Code, is amended by amending paragraph (1) to read as follows: 

‘‘(1) allow covered beneficiaries to elect to enroll in a health 

care plan, or modify a previous election, from eligible health 

care plans designated by the Secretary of Defense during— 

‘‘(A) an annual open enrollment period; and 

‘‘(B) any period based on a qualifying event experienced 

by the beneficiary, as determined appropriate by the Secretary; or’’. 

(2) APPLICATION.—The Secretary of Defense shall implement the initial annual open enrollment period pursuant to section 1099(b)(1) of title 10, United States Code, as amended by 

paragraph (1), during 2018. 

(3) GRACE PERIOD DURING FIRST YEAR.— 

(A) At any time during the one-year period beginning 

on the date on which the initial annual open enrollment period begins pursuant to section 1099(b)(1) of title 10, 

United States Code, as amended by paragraph (1), a covered beneficiary may make an election, or modify such an 

election, described in such section. 

(B) If during such one-year period an individual who 

is eligible to enroll in the TRICARE program, but does not 

elect to enroll in such program, receives health care services 

for an episode of care that would be covered under the 


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TRICARE program if such individual were enrolled in the 

TRICARE program, the Secretary— 

(i) shall pay the out-of-network fees only for the 

first episode of care and inform the individual of the 

opportunity to enroll in the TRICARE program; and 

(ii) may not pay any costs relating to any subsequent episode of care if such individual is not enrolled 

in the TRICARE program. 

(4) TRANSITION PLAN.—Not later than March 1, 2017, the 

Secretary shall provide to the Committees on Armed Services of 

the Senate and the House of Representatives a briefing on the 

transition plan of the Department of Defense for implementing 

an annual enrollment period for TRICARE Prime and 

TRICARE Select pursuant to section 1099(b)(1) of title 10, 

United States Code, as amended by paragraph (1). Such plan 

shall include strategies to notify each beneficiary of the changes 

to the TRICARE options and the changes to the enrollment 

process. 

(e) TERMINATION OF TRICARE STANDARD AND TRICARE 

EXTRA.—Beginning on January 1, 2018, the Secretary of Defense 

may not carry out TRICARE Standard and TRICARE Extra under 

the TRICARE program. The Secretary shall ensure that any individual who is covered under TRICARE Standard or TRICARE 

Extra as of December 31, 2017, enrolls in TRICARE Prime or 

TRICARE Select, as the case may be, as of January 1, 2018, for the 

individual to continue coverage under the TRICARE program. 

(f) IMPLEMENTATION PLAN.— (1) IN GENERAL.—Not later than June 1, 2017, the Secretary of Defense shall submit to the Committees on Armed 

Services of the House of Representatives and the Senate an implementation plan to improve access to health care for 

TRICARE beneficiaries pursuant to the amendments made by 

this section. 

(2) ELEMENTS.—The plan under paragraph (1) shall— 

(A) ensure that at least 85 percent of the beneficiary 

population under TRICARE Select is covered by the network by January 1, 2018; 

(B) ensure access standards for appointments for 

health care that meet or exceed those of high-performing 

health care systems in the United States, as determined by 

the Secretary; 

(C) establish mechanisms for monitoring compliance 

with access standards; 

(D) establish health care provider-to-beneficiary ratios; 

(E) monitor on a monthly basis complaints by beneficiaries with respect to network adequacy and the availability of health care providers; 

(F) establish requirements for mechanisms to monitor 

the responses to complaints by beneficiaries; 

(G) establish mechanisms to evaluate the quality 

metrics of the network providers established under section 

728; 

(H) include any recommendations for legislative action 

the Secretary determines necessary to carry out the plan; 

and 


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(I) include any other elements the Secretary determines 

appropriate. 

(g) GAO REVIEWS.— 

(1) IMPLEMENTATION PLAN.—Not later than December 1, 

2017, the Comptroller General of the United States shall submit 

to the Committees on Armed Services of the House of Representatives and the Senate a review of the implementation plan of 

the Secretary under paragraph (1) of subsection (f), including 

an assessment of the adequacy of the plan in meeting the elements specified in paragraph (2) of such subsection. 

(2) NETWORK.—Not later than September 1, 2017, the 

Comptroller General shall submit to the Committees on Armed 

Services of the House of Representatives and the Senate a review of the network established under TRICARE Extra, including the following: 

(A) An identification of the percent of beneficiaries who 

are covered by the network. 

(B) An assessment of the extent to which beneficiaries 

are able to obtain appointments under TRICARE Extra. 

(C) The percent of network providers under TRICARE 

Extra that accept new patients under the TRICARE program. 

(D) An assessment of the satisfaction of beneficiaries 

under TRICARE Extra. 

(h) PILOT PROGRAM ON INCORPORATION OF VALUE-BASED

HEALTH CARE IN PURCHASED CARE COMPONENT OF TRICARE PROGRAM.— 

(1) IN GENERAL.—Not later than January 1, 2018, the Secretary of Defense shall carry out a pilot program to demonstrate 

and assess the feasibility of incorporating value-based health 

care methodology in the purchased care component of the 

TRICARE program by reducing copayments or cost shares for 

targeted populations of covered beneficiaries in the receipt of 

high-value medications and services and the use of high-value 

providers under such purchased care component, including by 

exempting certain services from deductible requirements. 

(2) REQUIREMENTS.—In carrying out the pilot program 

under paragraph (1), the Secretary shall— 

(A) identify each high-value medication and service 

that is covered under the purchased care component of the 

TRICARE program for which a reduction or elimination of 

the copayment or cost share for such medication or service 

would encourage covered beneficiaries to use the medication 

or service; 

(B) reduce or eliminate copayments or cost shares for 

covered beneficiaries to receive high-value medications and 

services; 

(C) reduce or eliminate copayments or cost shares for 

covered beneficiaries to receive health care services from 

high-value providers; 

(D) credit the amount of any reduction or elimination 

of a copayment or cost share under subparagraph (B) or (C) 

for a covered beneficiary towards meeting a deductible applicable to the covered beneficiary in the purchased care 


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component of the TRICARE program to the same extent as 

if such reduction or elimination had not applied; and 

(E) develop a process to reimburse high-value providers 

at rates higher than those rates for health care providers 

that are not high-value providers. 

(3) REPORT ON VALUE-BASED HEALTH CARE METHOD- OLOGY.—Not later than 180 days after the date of the enactment 

of this Act, the Secretary shall submit to the Committees on 

Armed Services of the Senate and the House of Representatives 

a report that includes the following: 

(A) A list of each high-value medication and service 

identified under paragraph (2)(A) for which the copayment 

or cost share amount will be reduced or eliminated under 

the pilot program to encourage covered beneficiaries to use 

such medications and services through the purchased care 

component of the TRICARE program. 

(B) For each high-value medication and service identified under paragraph (2)(A), the amount of the copayment 

or cost share required under the purchased care component 

of the TRICARE program and the amount of any reduction 

or elimination of such copayment or cost share pursuant to 

the pilot program. 

(C) A description of a plan to identify and communicate to covered beneficiaries, through multiple communication media— 

(i) the list of high-value medications and services 

described in subparagraph (A); and 

(ii) a list of high-value providers. 

(D) A description of modifications, if any, to existing 

health care contracts that may be required to implement 

value-based health care methodology in the purchased care 

component of the TRICARE program under the pilot program and the estimated costs of those contract modifications. 

(4) COMPTROLLER GENERAL PRELIMINARY REVIEW AND AS- SESSMENT.— 

(A) Not later than March 1, 2021, the Comptroller General of the United States shall submit to the Committees on 

Armed Services of the Senate and the House of Representatives a review and assessment of the preliminary results of 

the pilot program. 

(B) The review and assessment required under subparagraph (A) shall include the following: 

(i) An assessment of the extent of the use of valuebased health care methodology in the purchased care 

component of the TRICARE program under the pilot 

program. 

(ii) An analysis demonstrating how reducing or 

eliminating the copayment or cost share for each highvalue medication and service identified under paragraph (2)(A) resulted in— 

(I) increased adherence to medication regimens; 

(II) improvement of quality measures; 

(III) improvement of health outcomes; 


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(IV) reduction of number of emergency room 

visits or hospitalizations; and 

(V) enhancement of experience of care for covered beneficiaries. 

(iii) Such recommendations for incentivizing the 

use of high-value medications and services to improve 

health outcomes and the experience of care for beneficiaries as the Comptroller General considers appropriate. 

(5) REVIEW AND ASSESSMENT OF PILOT PROGRAM.— (A) Not later than January 1, 2023, the Secretary shall 

submit to the Committees on Armed Services of the Senate 

and the House of Representatives a review and assessment 

of the pilot program. 

(B) The review and assessment required under subparagraph (A) shall include the following: 

(i) An assessment of the extent of the use of valuebased health care methodology in the purchased care 

component of the TRICARE program under the pilot 

program. 

(ii) An analysis demonstrating how reducing or 

eliminating the copayment or cost share for each highvalue medication and service identified under paragraph (2)(A) resulted in— 

(I) increased adherence to medication regimens; 

(II) improvement of quality measures; 

(III) improvement of health outcomes; and 

(IV) enhancement of experience of care for covered beneficiaries. 

(iii) A cost-benefit analysis of the implementation 

of value-based health care methodology in the purchased care component of the TRICARE program 

under the pilot program. 

(iv) Such recommendations for incentivizing the 

use of high-value medications and services to improve 

health outcomes and the experience of care for covered 

beneficiaries as the Secretary considers appropriate. 

(6) TERMINATION.—The Secretary may not carry out the 

pilot program after December 31, 2022. 

(i) DEFINITIONS.—In this section: 

(1) The terms ‘‘uniformed services’’, ‘‘covered beneficiary’’, 

‘‘TRICARE Extra’’, ‘‘TRICARE for Life’’, ‘‘TRICARE Prime’’, 

and ‘‘TRICARE Standard’’, have the meaning given those terms 

in section 1072 of title 10, United States Code, as amended by 

subsection (j). 

(2) The term ‘‘TRICARE Select’’ means the self-managed, 

preferred-provider network option under the TRICARE program 

established by section 1075 of such title, as added by subsection 

(a). 

(3) The term ‘‘chronic conditions’’ includes diabetes, chronic 

obstructive pulmonary disease, asthma, congestive heart failure, 

hypertension, history of stroke, coronary artery disease, mood 

disorders, and such other diseases or conditions as the Secretary considers appropriate. 


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(4) The term ‘‘high-value medications and services’’ means 

prescription medications and clinical services for the management of chronic conditions that the Secretary determines would 

improve health outcomes and create health value for covered 

beneficiaries (such as preventive care, primary and specialty 

care, diagnostic tests, procedures, and durable medical equipment). 

(5) The term ‘‘high-value provider’’ means an individual or 

institutional health care provider that provides health care 

under the purchased care component of the TRICARE program 

and that consistently improves the experience of care, meets established quality of care and effectiveness metrics, and reduces 

the per capita costs of health care. 

(6) The term ‘‘value-based health care methodology’’ means 

a methodology for identifying specific prescription medications 

and clinical services provided under the TRICARE program for 

which reduction of copayments, cost shares, or both, would improve the management of specific chronic conditions because of 

the high value and clinical effectiveness of such medications 

and services for such chronic conditions. 

(j) CONFORMING AMENDMENTS.— (1) IN GENERAL.—Title 10, United States Code, is amended 

as follows: 

(A) Section 1072 is amended— 

(i) by striking paragraph (7) and inserting the following: 

‘‘(7) The term ‘TRICARE program’ means the various programs carried out by the Secretary of Defense under this chapter and any other provision of law providing for the furnishing 

of medical and dental care and health benefits to members and 

former members of the uniformed services and their dependents, 

including the following health plan options: 

‘‘(A) TRICARE Prime. 

‘‘(B) TRICARE Select. 

‘‘(C) TRICARE for Life.’’; and 

(ii) by adding at the end the following new paragraphs: 

‘‘(11) The term ‘TRICARE Extra’ means the preferred-provider option of the TRICARE program made available prior to 

January 1, 2018, under which TRICARE Standard beneficiaries may obtain discounts on cost sharing as a result of 

using TRICARE network providers. 

‘‘(12) The term ‘TRICARE Select’ means the self-managed, 

preferred-provider network option under the TRICARE program 

established by section 1075 of this title. 

‘‘(13) The term ‘TRICARE for Life’ means the Medicare 

wraparound coverage option of the TRICARE program made 

available to the beneficiary by reason of section 1086(d) of this 

title. 

‘‘(14) The term ‘TRICARE Prime’ means the managed care 

option of the TRICARE program. 

‘‘(15) The term ‘TRICARE Standard’ means the TRICARE 

program made available prior to January 1, 2018, covering— 

‘‘(A) medical care to which a dependent described in 

section 1076(a)(2) of this title is entitled; and 


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‘‘(B) health benefits contracted for under the authority 

of section 1079(a) of this title and subject to the same rates 

and conditions as apply to persons covered under that section.’’. 

(B) Section 1076d is amended— 

(i) in subsection (d)(1), by inserting after ‘‘coverage.’’ the following: ‘‘Such premium shall apply instead of any enrollment fees required under section 

1075 of this section.’’; and 

(ii) in subsection (f), by striking paragraph (2) and 

inserting the following new paragraph: 

‘‘(2) The term ‘TRICARE Reserve Select’ means the 

TRICARE Select self-managed, preferred-provider network option under section 1075 made available to beneficiaries by reason of this section and in accordance with subsection (d)(1).’’; 

and 

(iii) by striking ‘‘TRICARE Standard’’ each place it 

appears (including in the heading of such section) and 

inserting ‘‘TRICARE Reserve Select’’. 

(C) Section 1076e is amended— 

(i) in subsection (d)(1), by inserting after ‘‘coverage.’’ the following: ‘‘Such premium shall apply instead of any enrollment fees required under section 

1075 of this section.’’; and 

(ii) in subsection (f), by striking paragraph (2) and 

inserting the following new paragraph: 

‘‘(2) The term ‘TRICARE Retired Reserve’ means the 

TRICARE Select self-managed, preferred-provider network option under section 1075 made available to beneficiaries by reason of this section and in accordance with subsection (d)(1).’’; 

(iii) in subsection (b), by striking ‘‘TRICARE 

Standard coverage at’’ and inserting ‘‘TRICARE coverage at’’; and 

(iv) by striking ‘‘TRICARE Standard’’ each place it 

appears (including in the heading of such section) and 

inserting ‘‘TRICARE Retired Reserve’’. 

(D) Section 1079a is amended— 

(i) in the section heading, by striking 

‘‘CHAMPUS’’ and inserting ‘‘TRICARE program’’; 

and 

(ii) by striking ‘‘the Civilian Health and Medical 

Program of the Uniformed Services’’ and inserting ‘‘the 

TRICARE program’’. 

(E) Section 1099(c) is amended by striking paragraph 

(2) and inserting the following new paragraph: 

‘‘(2) A plan under the TRICARE program.’’. 

(F) Section 1110b(c)(1) is amended by inserting after 

‘‘(b).’’ the following: ‘‘Such premium shall apply instead of 

any enrollment fees required under section 1075 of this section.’’. 

(2) CLERICAL AMENDMENTS.—The table of sections at the 

beginning of chapter 55 of title 10, United States Code, is further amended— 


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(A) in the item relating to section 1076d, by striking 

‘‘TRICARE Standard’’ and inserting ‘‘TRICARE Reserve 

Select’’; 

(B) in the item relating to section 1076e, by striking 

‘‘TRICARE Standard’’ and inserting ‘‘TRICARE Retired 

Reserve’’; 

(C) in the item relating to section 1079a, by striking 

‘‘CHAMPUS’’ and inserting ‘‘TRICARE program’’; and 

(D) in the item relating to section 1095f, by striking 

‘‘for specialty health care’’ and inserting ‘‘and 

preauthorizations under TRICARE Prime’’. 

(3) CONFORMING STYLE.—Any new language inserted or 

added to title 10, United States Code, by an amendment made 

by this subsection shall conform to the typeface and typestyle of 

the matter in which the language is so inserted or added. 

(k) APPLICATION.—The amendments made by this section shall 

apply with respect to the provision of health care under the 

TRICARE program beginning on January 1, 2018. 

SEC. 702. REFORM OF ADMINISTRATION OF THE DEFENSE HEALTH 

AGENCY AND MILITARY MEDICAL TREATMENT FACILITIES. 

(a) ADMINISTRATION.— 

(1) IN GENERAL.—Chapter 55 of title 10, United States 

Code, is amended by inserting after section 1073b the following 

new section: 

‘‘§ 1073c. Administration of Defense Health Agency and military medical treatment facilities 

‘‘(a) ADMINISTRATION OF MILITARY MEDICAL TREATMENT FACILITIES.—(1) Beginning October 1, 2018, the Director of the Defense 

Health Agency shall be responsible for the administration of each 

military medical treatment facility, including with respect to— 

‘‘(A) budgetary matters; 

‘‘(B) information technology; 

‘‘(C) health care administration and management; 

‘‘(D) administrative policy and procedure; 

‘‘(E) miliary medical construction; and 

‘‘(F) any other matters the Secretary of Defense determines 

appropriate. 

‘‘(2) The commander of each military medical treatment facility 

shall be responsible for— 

‘‘(A) ensuring the readiness of the members of the armed 

forces and civilian employees at such facility; and 

‘‘(B) furnishing the health care and medical treatment provided at such facility. 

‘‘(3) The Secretary of Defense shall establish within the Defense 

Health Agency a professional staff to provide policy, oversight, and 

direction to carry out subsection (a). The Secretary shall carry out 

this paragraph by appointing the positions specified in subsections 

(b) and (c). 

‘‘(b) DHA ASSISTANT DIRECTOR.—(1) There is in the Defense 

Health Agency an Assistant Director for Health Care Administration. The Assistant Director shall— 

‘‘(A) be a career appointee within the Department; and 


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‘‘(B) report directly to the Director of the Defense Health 

Agency. 

‘‘(2) The Assistant Director shall be appointed from among individuals who have equivalent education and experience as a chief executive officer leading a large, civilian health care system. 

‘‘(3) The Assistant Director shall be responsible for the following: 

‘‘(A) Establishing priorities for health care administration 

and management. 

‘‘(B) Establishing policies, procedures, and direction for the 

provision of direct care at military medical treatment facilities. 

‘‘(C) Establishing priorities for budgeting matters with respect to the provision of direct care at military medical treatment facilities. 

‘‘(D) Establishing policies, procedures, and direction for 

clinic management and operations at military medical treatment facilities. 

‘‘(E) Establishing priorities for information technology at 

and between the military medical treatment facilities. 

‘‘(c) DHA DEPUTY ASSISTANT DIRECTORS.—(1)(A) There is in 

the Defense Health Agency a Deputy Assistant Director for Information Operations. 

‘‘(B) The Deputy Assistant Director for Information Operations 

shall be responsible for policies, management, and execution of information technology operations at and between the military medical treatment facilities. 

‘‘(2)(A) There is in the Defense Health Agency a Deputy Assistant Director for Financial Operations. 

‘‘(B) The Deputy Assistant Director for Financial Operations 

shall be responsible for the policy, procedures, and direction of 

budgeting matters and financial management with respect to the 

provision of direct care across the military health system. 

‘‘(3)(A) There is in the Defense Health Agency a Deputy Assistant Director for Health Care Operations. 

‘‘(B) The Deputy Assistant Director for Health Care Operations 

shall be responsible for the policy, procedures, and direction of 

health care administration in the military medical treatment facilities. 

‘‘(4)(A) There is in the Defense Health Agency a Deputy Assistant Director for Medical Affairs. 

‘‘(B) The Deputy Assistant Director for Medical Affairs shall be 

responsible for policy, procedures, and direction of clinical quality 

and process improvement, patient safety, infection control, graduate 

medical education, clinical integration, utilization review, risk management, patient experience, and civilian physician recruiting. 

‘‘(5) Each Deputy Assistant Director appointed under paragraphs (1) through (4) shall report directly to the Assistant Director 

for Health Care Administration. 

‘‘(d) CERTAIN RESPONSIBILITIES OF DHA DIRECTOR.—(1) In addition to the other duties of the Director of the Defense Health Agency, the Director shall coordinate with the Joint Staff Surgeon to ensure that the Director most effectively carries out the responsibilities 

of the Defense Health Agency as a combat support agency under section 193 of this title. 


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‘‘(2) The responsibilities of the Director shall include the following: 

‘‘(A) Ensuring that the Defense Health Agency meets the 

operational needs of the commanders of the combatant commands. 

‘‘(B) Coordinating with the military departments to ensure 

that the staffing at the military medical treatment facilities 

supports readiness requirements for members of the armed 

forces and health care personnel. 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) The term ‘career appointee’ has the meaning given that 

term in section 3132(a)(4) of title 5. 

‘‘(2) The term ‘Defense Health Agency’ means the Defense 

Agency established pursuant to Department of Defense Directive 

5136.13, or such successor Defense Agency.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item 

relating to section 1073b the following new item: 

‘‘1073c. Administration of Defense Health Agency and military medical treatment facilities.’’. 

(b) POSITIONS OF SURGEON GENERAL IN THE ARMED FORCES.— 

(1) SURGEON GENERAL OF THE ARMY.—Section 3036 of title 

10, United States Code, is amended— 

(A) in subsection (d), by striking ‘‘(1)’’; 

(B) by redesignating subsection (e) as subsection (g); 

(C) by inserting after subsection (d) a new subsection 

(e); 

(D) by transferring paragraphs (2) and (3) of subsection (d) to subsection (e), as added by subparagraph (C), 

and redesignating such paragraphs as paragraphs (1) and 

(2), respectively; and 

(E) by adding after subsection (e), as added by subparagraph (C), the following new subsection (f): 

‘‘(f)(1) The Surgeon General serves as the principal advisor to 

the Secretary of the Army and the Chief of Staff of the Army on all 

health and medical matters of the Army, including strategic planning and policy development relating to such matters. 

‘‘(2) The Surgeon General serves as the chief medical advisor of 

the Army to the Director of the Defense Health Agency on matters 

pertaining to military health readiness requirements and safety of 

members of the Army. 

‘‘(3) The Surgeon General, acting under the authority, direction, 

and control of the Secretary of the Army, shall recruit, organize, 

train, and equip, medical personnel of the Army.’’. 

(2) SURGEON GENERAL OF THE NAVY.— 

(A) IN GENERAL.—Section 5137 of title 10, United 

States Code, is amended to read as follows: 

‘‘§ 5137. Surgeon General: appointment; duties 

‘‘(a) APPOINTMENT.—The Surgeon General of the Navy shall be 

appointed by the President, by and with the advice and consent of 

the Senate, for a term of four years, from officers on the active-duty 

list of the Navy in any corps of the Navy Medical Department. 

‘‘(b) DUTIES.—(1) The Surgeon General serves as the Chief of 

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visor to the Secretary of the Navy and the Chief of Naval Operations 

on all health and medical matters of the Navy and the Marine 

Corps, including strategic planning and policy development relating 

to such matters. 

‘‘(2) The Surgeon General serves as the chief medical advisor of 

the Navy and the Marine Corps to the Director of the Defense 

Health Agency on matters pertaining to military health readiness 

requirements and safety of members of the Navy and the Marine 

Corps. 

‘‘(3) The Surgeon General, acting under the authority, direction, 

and control of the Secretary of the Navy, shall recruit, organize, 

train, and equip, medical personnel of the Navy and the Marine 

Corps.’’. 

(B) CLERICAL AMENDMENT.—The table of sections at 

the beginning of chapter 513 of such title is amended by 

striking the item relating to section 5137 and inserting the 

following new item: 

‘‘5137. Surgeon General: appointment; duties.’’. 

(3) SURGEON GENERAL OF THE AIR FORCE.— 

(A) IN GENERAL.—Section 8036 of title 10, United 

States Code, is amended to read as follows: 

‘‘§ 8036. Surgeon General: appointment; duties 

‘‘(a) APPOINTMENT.—The Surgeon General of the Air Force shall 

be appointed by the President, by and with the advice and consent 

of the Senate from officers of the Air Force who are in the Air Force 

medical department. 

‘‘(b) DUTIES.—(1) The Surgeon General serves as the principal 

advisor to the Secretary of the Air Force and the Chief of Staff of 

the Air Force on all health and medical matters of the Air Force, 

including strategic planning and policy development relating to 

such matters. 

‘‘(2) The Surgeon General serves as the chief medical advisor of 

the Air Force to the Director of the Defense Health Agency on matters pertaining to military health readiness requirements and safety 

of members of the Air Force. 

‘‘(3) The Surgeon General, acting under the authority, direction, 

and control of the Secretary of the Air Force, shall recruit, organize, 

train, and equip, medical personnel of the Air Force.’’. 

(B) CLERICAL AMENDMENT.—The table of sections at 

the beginning of chapter 805 of such title is amended by 

striking the item relating to section 8036 and inserting the 

following new item: 

‘‘8036. Surgeon General: appointment; duties.’’. 

(c) APPOINTMENTS.—The Secretary of Defense shall make appointments of the positions under section 1073c of title 10, United 

States Code, as added by subsection (a)— 

(1) by not later than October 1, 2018; and 

(2) by not increasing the number of full-time equivalent employees of the Defense Health Agency. 

(d) IMPLEMENTATION PLAN.— 

(1) IN GENERAL.—The Secretary of Defense shall develop a 

plan to implement section 1073c of title 10, United States Code, 

as added by subsection (a). 


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(2) ELEMENTS.—The plan developed under paragraph (1) 

shall include the following: 

(A) How the Secretary will carry out subsection (a) of 

such section 1073c. 

(B) Efforts to eliminate duplicative activities carried 

out by the elements of the Defense Health Agency and the 

military departments. 

(C) Efforts to maximize efficiencies in the activities carried out by the Defense Health Agency. 

(D) How the Secretary will implement such section 

1073c in a manner that reduces the number of members of 

the Armed Forces, civilian employees who are full-time 

equivalent employees, and contractors relating to the headquarters activities of the military health system, as of the 

date of the enactment of this Act. 

(e) REPORTS.— 

(1) INTERIM REPORT.—Not later than March 1, 2017, the 

Secretary shall submit to the Committees on Armed Services of 

the House of Representatives and the Senate a report containing— 

(A) a preliminary draft of the plan developed under 

subsection (d)(1); and 

(B) any recommendations for legislative actions the 

Secretary determines necessary to carry out the plan. 

(2) FINAL REPORT.—Not later than March 1, 2018, the Secretary shall submit to the Committees on Armed Services of the 

House of Representatives and the Senate a report containing the 

final version of the plan developed under subsection (d)(1). 

(3) COMPTROLLER GENERAL REVIEWS.— 

(A) The Comptroller General of the United States shall 

submit to the Committees on Armed Services of the House 

of Representatives and the Senate— 

(i) a review of the preliminary draft of the plan 

submitted under paragraph (1) by not later than September 1, 2017; and 

(ii) a review of the final version of the plan submitted under paragraph (2) by not later than September 1, 2018. 

(B) Each review of the plan conducted under subparagraph (A) shall determine whether the Secretary has addressed the required elements for the plan under subsection 

(d)(2). 

SEC. 703. MILITARY MEDICAL TREATMENT FACILITIES. 

(a) ADMINISTRATION.— 

(1) IN GENERAL.—Chapter 55 of title 10, United States 

Code, as amended by section 702, is further amended by inserting after section 1073c the following new section: 

‘‘§ 1073d. Military medical treatment facilities 

‘‘(a) IN GENERAL.—To support the medical readiness of the 

armed forces and the readiness of medical personnel, the Secretary 

of Defense, in consultation with the Secretaries of the military departments, shall maintain the military medical treatment facilities 

described in subsections (b), (c), and (d). 


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‘‘(b) MEDICAL CENTERS.—(1) The Secretary of Defense shall 

maintain medical centers in areas with a large population of members of the armed forces and covered beneficiaries. 

‘‘(2) Medical centers shall serve as referral facilities for members and covered beneficiaries who require comprehensive health 

care services that support medical readiness. 

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

‘‘(A) Inpatient and outpatient tertiary care facilities that incorporate specialty and subspecialty care. 

‘‘(B) Graduate medical education programs. 

‘‘(C) Residency training programs. 

‘‘(D) Level one or level two trauma care capabilities. 

‘‘(4) The Secretary may designate a medical center as a regional 

center of excellence for unique and highly specialized health care 

services, including with respect to polytrauma, organ transplantation, and burn care. 

‘‘(c) HOSPITALS.—(1) The Secretary of Defense shall maintain 

hospitals in areas where civilian health care facilities are unable to 

support the health care needs of members of the armed forces and 

covered beneficiaries. 

‘‘(2) Hospitals shall provide— 

‘‘(A) inpatient and outpatient health services to maintain 

medical readiness; and 

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

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

‘‘(A) is cost effective; or 

‘‘(B) is not available at civilian health care facilities in the 

area of the hospital. 

‘‘(d) AMBULATORY CARE CENTERS.—(1) The Secretary of Defense 

shall maintain ambulatory care centers in areas where civilian 

health care facilities are able to support the health care needs of 

members of the armed forces and covered beneficiaries. 

‘‘(2) Ambulatory care centers shall provide the outpatient health 

services required to maintain medical readiness, including with respect to partnerships established pursuant to section 706 of the National Defense Authorization Act for Fiscal Year 2017. 

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

‘‘(A) is cost effective; or 

‘‘(B) is not available at civilian health care facilities in the 

area of the ambulatory care center.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter, as amended by section 702, is further 

amended by inserting after the item relating to section 1073c 

the following new item: 

‘‘1073d. Military medical treatment facilities.’’. 

(3) SATELLITE CENTERS.—In addition to the centers of excellence designated under section 1073d(b)(4) of title 10, United 

States Code, as added by paragraph (1), the Secretary of Defense may establish satellite centers of excellence to provide specialty care for certain conditions, including with respect to— 

(A) post-traumatic stress; 

(B) traumatic brain injury; and 


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(C) such other conditions as the Secretary considers appropriate. 

(b) EXCEPTION.—In carrying out section 1073d of title 10, 

United States Code, as added by subsection (a)(1), the Secretary of 

Defense may not restructure or realign the infrastructure of, or modify the health care services provided by, a military medical treatment facility unless the Secretary determines that, if such a restructure, realignment, or modification will eliminate the ability of a covered beneficiary to access health care services at a military medical 

treatment facility, the covered beneficiary will be able to access such 

health care services through the purchased care component of the 

TRICARE program. 

(c) UPDATE OF STUDY.— 

(1) IN GENERAL.—The Secretary of Defense, in collaboration 

with the Secretaries of the military departments, shall update 

the report described in paragraph (2) to address the restructuring or realignment of military medical treatment facilities 

pursuant to section 1073d of title 10, United States Code, as 

added by subsection (a), including with respect to any expansions or consolidations of such facilities. 

(2) REPORT DESCRIBED.—The report described in this paragraph is the Military Health System Modernization Study 

dated May 29th, 2015, required by section 713(a)(2) of the Carl 

Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 

3414). 

(3) SUBMISSION.—Not later than 270 days after the date of 

the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees the updated report 

under paragraph (1). 

(d) IMPLEMENTATION PLAN.— (1) IN GENERAL.—Not later than two years after the date of 

the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees an implementation plan 

to restructure or realign the military medical treatment facilities pursuant to section 1073d of title 10, United States Code, 

as added by subsection (a). 

(2) ELEMENTS.—The implementation plan under paragraph 

(1) shall include the following: 

(A) With respect to each military medical treatment facility— 

(i) whether the facility will be realigned or restructured under the plan; 

(ii) whether the functions of such facility will be 

expanded or consolidated; 

(iii) the costs of such realignment or restructuring; 

(iv) a description of any changes to the military 

and civilian personnel assigned to such facility as of 

the date of the plan; 

(v) a timeline for such realignment or restructuring; 

(vi) the justifications for such realignment or restructuring, including an assessment of the capacity of 

the civilian health care facilities located near such facility; 


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(vii) a comprehensive assessment of the health care 

services provided at the facility; 

(viii) a description of the current accessibility of 

covered beneficiaries to health care services provided at 

the facility and proposed modifications to that accessibility, including with respect to types of services provided; 

(ix) a description of the current availability of urgent care, emergent care, and specialty care at the facility and in the TRICARE provider network in the 

area in which the facility is located, and proposed 

modifications to the availability of such care; 

(x) a description of the current level of coordination 

between the facility and local health care providers in 

the area in which the facility is located and proposed 

modifications to such level of coordination; and 

(xi) a description of any unique challenges to providing health care at the facility, with a focus on challenges relating to rural, remote, and insular areas, as 

appropriate. 

(B) A description of the relocation of the graduate medical education programs and the residency programs. 

(C) A description of the plans to assist members of the 

Armed Forces and covered beneficiaries with travel and 

lodging, if necessary, in connection with the receipt of specialty care services at regional centers of excellence designated under subsection (b)(4) of such section 1073d. 

(D) A description of how the Secretary will carry out 

subsection (b). 

(3) GAO REPORT.—Not later than 60 days after the date on 

which the Secretary of Defense submits the report under paragraph (1), the Comptroller General of the United States shall 

submit to the Committees on Armed Services of the Senate and 

the House of Representatives a review of such report. 

(e) DEFINITIONS.—In this section, the terms ‘‘covered beneficiary’’ and ‘‘TRICARE program’’ have the meaning given those 

terms in section 1072 of title 10, United States Code. 

SEC. 704. ACCESS TO URGENT AND PRIMARY CARE UNDER TRICARE 

PROGRAM. 

(a) IN GENERAL.—Chapter 55 of title 10, United States Code, is 

amended by inserting after section 1077 the following new section: 

‘‘§ 1077a. Access to military medical treatment facilities and 

other facilities 

‘‘(a) URGENT CARE.—(1) The Secretary of Defense shall ensure 

that military medical treatment facilities, at locations the Secretary 

determines appropriate, provide urgent care services for members of 

the armed forces and covered beneficiaries until 11:00 p.m. each 

day. 

‘‘(2) With respect to areas in which a military medical treatment 

facility covered by paragraph (1) is not located, the Secretary shall 

ensure that members of the armed forces and covered beneficiaries 

may access urgent care clinics through the health care provider network under the TRICARE program. 


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‘‘(3) A covered beneficiary may access urgent care services without the need for preauthorization for such services. 

‘‘(4) The Secretary shall— 

‘‘(A) publish information about changes in access to urgent 

care under the TRICARE program— 

‘‘(i) on the primary publicly available Internet website 

of the Department; and 

‘‘(ii) on the primary publicly available Internet website 

of each military medical treatment facility; and 

‘‘(B) ensure that such information is made available on the 

publicly available Internet website of each current managed 

care support contractor that has established a health care provider network under the TRICARE program. 

‘‘(b) NURSE ADVICE LINE.—The Secretary shall ensure that the 

nurse advice line of the Department directs covered beneficiaries 

seeking access to care to the source of the most appropriate level of 

health care required to treat the medical conditions of the beneficiaries, including urgent care services described in subsection (a). 

‘‘(c) PRIMARY CARE CLINICS.—(1) The Secretary shall ensure 

that primary care clinics at military medical treatment facilities are 

available for members of the armed forces and covered beneficiaries 

between the hours determined appropriate under paragraph (2), including with respect to expanded hours described in subparagraph 

(B) of such paragraph. 

‘‘(2)(A) The Secretary shall determine the hours that each primary care clinic at a military medical treatment facility is available 

for members of the armed forces and covered beneficiaries based 

on— 

‘‘(i) the needs of the military medical treatment facility to 

meet the access standards under the TRICARE Prime program; 

and 

‘‘(ii) the primary care utilization patterns of members and 

covered beneficiaries at such military medical treatment facility. 

‘‘(B) The primary care clinic hours at a military medical treatment facility determined under subparagraph (A) shall include expanded hours beyond regular business hours during weekdays and 

the weekend if the Secretary determines under such subparagraph 

that sufficient demand exists at the military medical treatment facility for such expanded primary care clinic hours.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 1077 the following new item: 

‘‘1077a. Access to military medical treatment facilities and other facilities’’. 

(c) IMPLEMENTATION.—The Secretary of Defense shall implement— 

(1) subsection (a) of section 1077a of title 10, United States 

Code, as added by subsection (a) of this section, by not later 

than one year after the date of the enactment of this Act; and 

(2) subsection (c) of such section by not later than 180 days 

after the date of the enactment of this Act. 

SEC. 705. VALUE-BASED PURCHASING AND ACQUISITION OF MANAGED 

CARE SUPPORT CONTRACTS FOR TRICARE PROGRAM. 

(a) VALUE-BASED HEALTH CARE.— 


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(1) IN GENERAL.—The Secretary of Defense shall develop 

and implement value-based incentive programs as part of any 

contract awarded under chapter 55 of title 10, United States 

Code, for the provision of health care services to covered beneficiaries to encourage health care providers under the TRICARE 

program (including physicians, hospitals, and other persons 

and facilities involved in providing such health care services) to 

improve the following: 

(A) The quality of health care provided to covered beneficiaries under the TRICARE program. 

(B) The experience of covered beneficiaries in receiving 

health care under the TRICARE program. 

(C) The health of covered beneficiaries. 

(2) VALUE-BASED INCENTIVE PROGRAMS.— 

(A) DEVELOPMENT.—In developing value-based incentive programs under paragraph (1), the Secretary shall— 

(i) link payments to health care providers under 

the TRICARE program to improved performance with 

respect to quality, cost, and reducing the provision of 

inappropriate care; 

(ii) consider the characteristics of the population of 

covered beneficiaries affected by the value-based incentive program; 

(iii) consider how the value-based incentive program would affect the receipt of health care under the 

TRICARE program by such covered beneficiaries; 

(iv) establish or maintain an assurance that such 

covered beneficiaries will have timely access to health 

care during the operation of the value-based incentive 

program; 

(v) ensure that such covered beneficiaries do not 

incur any additional costs by reason of the value-based 

incentive program; and 

(vi) consider such other factors as the Secretary 

considers appropriate. 

(B) SCOPE AND METRICS.—With respect to a valuebased incentive program developed and implemented under 

paragraph (1), the Secretary shall ensure that— 

(i) the size, scope, and duration of the value-based 

incentive program is reasonable in relation to the purpose of the value-based incentive program; and 

(ii) the value-based incentive program relies on the 

core quality performance metrics adopted pursuant to 

section 728. 

(3) USE OF EXISTING MODELS.—In developing a value-based 

incentive program under paragraph (1), the Secretary may 

adapt a value-based incentive program conducted by a 

TRICARE managed care support contractor, the Centers for 

Medicare & Medicaid Services, or any other Federal Government, State government, or commercial health care program. 

(b) TRANSFER OF CONTRACTING RESPONSIBILITY.—With respect 

to the acquisition of any managed care support contracts under the 

TRICARE program initiated after the date of the enactment of this 

Act, the Secretary of Defense shall transfer contracting responsibility for the solicitation and award of such contracts from the DeVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 00246 Fmt 6659 Sfmt 6603 E:\HR\OC\HR840.XXX HR840

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fense Health Agency to the Office of the Under Secretary of Defense 

for Acquisition, Technology, and Logistics. 

(c) ACQUISITION OF CONTRACTS.— (1) STRATEGY.—Not later than January 1, 2018, the Secretary of Defense shall develop and implement a strategy to ensure that managed care support contracts under the TRICARE 

program entered into with private sector entities, other than 

overseas medical support contracts— 

(A) improve access to health care for covered beneficiaries; 

(B) improve health outcomes for covered beneficiaries; 

(C) improve the quality of health care received by covered beneficiaries; 

(D) enhance the experience of covered beneficiaries in 

receiving health care; and 

(E) lower per capita costs to the Department of Defense 

of health care provided to covered beneficiaries. 

(2) APPLICABILITY OF STRATEGY.— (A) IN GENERAL.—The strategy required by paragraph 

(1) shall apply to all managed care support contracts under 

the TRICARE program entered into with private sector entities. 

(B) MODIFICATION OF CONTRACTS.—Contracts entered 

into prior to the implementation of the strategy required by 

paragraph (1) shall be modified to ensure consistency with 

such strategy. 

(3) LOCAL, REGIONAL, AND NATIONAL HEALTH PLANS.—In 

developing and implementing the strategy required by paragraph (1), the Secretary shall ensure that local, regional, and 

national health plans have an opportunity to participate in the 

competition for managed care support contracts under the 

TRICARE program. 

(4) CONTINUOUS INNOVATION.—The strategy required by 

paragraph (1) shall include incentives for the incorporation of 

innovative ideas and solutions into managed care support contracts under the TRICARE program through the use of teaming 

agreements, subcontracts, and other contracting mechanisms 

that can be used to develop and continuously refresh high-performing networks of health care providers at the national, regional, and local level. 

(5) ELEMENTS OF STRATEGY.—The strategy required by 

paragraph (1) shall provide for the following with respect to 

managed care support contracts under the TRICARE program: 

(A) The maximization of flexibility in the design and 

configuration of networks of individual and institutional 

health care providers, including a focus on the development 

of high-performing networks of health care providers. 

(B) The establishment of an integrated medical management system between military medical treatment facilities and health care providers in the private sector that, 

when appropriate, effectively coordinates and integrates 

health care across the continuum of care. 

(C) With respect to telehealth services— 

(i) the maximization of the use of such services to 

provide real-time interactive communications between 


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patients and health care providers and remote patient 

monitoring; and 

(ii) the use of standardized payment methods to reimburse health care providers for the provision of such 

services. 

(D) The use of value-based reimbursement methodologies, including through the use of value-based incentive 

programs under subsection (a), that transfer financial risk 

to health care providers and managed care support contractors. 

(E) The use of financial incentives for contractors and 

health care providers to receive an equitable share in the 

cost savings to the Department resulting from improvement 

in health outcomes for covered beneficiaries and the experience of covered beneficiaries in receiving health care. 

(F) The use of incentives that emphasize prevention 

and wellness for covered beneficiaries receiving health care 

services from private sector entities to seek such services 

from high-value health care providers. 

(G) The adoption of a streamlined process for enrollment of covered beneficiaries to receive health care and 

timely assignment of primary care managers to covered 

beneficiaries. 

(H) The elimination of the requirement for a referral to 

be authorized prior receiving specialty care services at a facility of the Department of Defense or through the 

TRICARE program. 

(I) The use of incentives to encourage covered beneficiaries to participate in medical and lifestyle intervention 

programs. 

(6) RURAL, REMOTE, AND ISOLATED AREAS.—In developing 

and implementing the strategy required by paragraph (1), the 

Secretary shall— 

(A) assess the unique characteristics of providing 

health care services in Alaska, Hawaii, and the territories 

and possessions of the United States, and in rural, remote, 

or isolated locations in the contiguous 48 States; 

(B) consider the various challenges inherent in developing robust networks of health care providers in those locations; 

(C) develop a provider reimbursement rate structure in 

those locations that ensures— 

(i) timely access of covered beneficiaries to health 

care services; 

(ii) the delivery of high-quality primary and specialty care; 

(iii) improvement in health outcomes for covered 

beneficiaries; and 

(iv) an enhanced experience of care for covered 

beneficiaries; and 

(D) ensure that managed care support contracts under 

the TRICARE program in those locations will— 

(i) establish individual and institutional provider 

networks that will provide timely access to care for covered beneficiaries, including pursuant to such networks 


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relating to an Indian tribe or tribal organization that 

is party to the Alaska Native Health Compact with the 

Indian Health Service or has entered into a contract 

with the Indian Health Service to provide health care 

in rural Alaska or other locations in the United States; 

and 

(ii) deliver high-quality care, better health outcomes, and a better experience of care for covered beneficiaries. 

(d) REPORT PRIOR TO CERTAIN CONTRACT MODIFICATIONS.—Not 

later than 60 days before the date on which the Secretary of Defense 

first modifies a contract awarded under chapter 55 of title 10, 

United States Code, to implement a value-based incentive program 

under subsection (a), or the managed care support contract acquisition strategy under subsection (c), the Secretary shall submit to the 

Committees on Armed Services of the Senate and the House of Representatives a report on any implementation plan of the Secretary 

with respect to such value-based incentive program or managed care 

support contract acquisition strategy. 

(e) COMPTROLLER GENERAL REPORT.— 

(1) IN GENERAL.—Not later than 180 days after the date on 

which the Secretary submits the report under subsection (d), the 

Comptroller General of the United States shall submit to the 

Committees on Armed Services of the Senate and the House of 

Representatives a report that assesses the compliance of the Secretary of Defense with the requirements of subsection (a) and 

subsection (c). 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include an assessment of the following: 

(A) Whether the approach of the Department of Defense 

for acquiring managed care support contracts under the 

TRICARE program— 

(i) improves access to care; 

(ii) improves health outcomes; 

(iii) improves the experience of care for covered 

beneficiaries; and 

(iv) lowers per capita health care costs. 

(B) Whether the Department has, in its requirements 

for managed care support contracts under the TRICARE 

program, allowed for— 

(i) maximum flexibility in network design and development; 

(ii) integrated medical management between military medical treatment facilities and network providers; 

(iii) the maximum use of the full range of telehealth services; 

(iv) the use of value-based reimbursement methods 

that transfer financial risk to health care providers 

and managed care support contractors; 

(v) the use of prevention and wellness incentives to 

encourage covered beneficiaries to seek health care 

services from high-value providers; 

(vi) a streamlined enrollment process and timely 

assignment of primary care managers; 


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(vii) the elimination of the requirement to seek authorization for referrals for specialty care services; 

(viii) the use of incentives to encourage covered 

beneficiaries to engage in medical and lifestyle intervention programs; and 

(ix) the use of financial incentives for contractors 

and health care providers to receive an equitable share 

in cost savings resulting from improvements in health 

outcomes and the experience of care for covered beneficiaries. 

(C) Whether the Department has considered, in developing requirements for managed care support contracts 

under the TRICARE program, the following: 

(i) The unique characteristics of providing health 

care services in Alaska, Hawaii, and the territories and 

possessions of the United States, and in rural, remote, 

or isolated locations in the contiguous 48 States; 

(ii) The various challenges inherent in developing 

robust networks of health care providers in those locations. 

(iii) A provider reimbursement rate structure in 

those locations that ensures— 

(I) timely access of covered beneficiaries to 

health care services; 

(II) the delivery of high-quality primary and 

specialty care; 

(III) improvement in health outcomes for covered beneficiaries; and 

(IV) an enhanced experience of care for covered 

beneficiaries. 

(f) DEFINITIONS.—In this section: 

(1) The terms ‘‘covered beneficiary’’ and ‘‘TRICARE program’’ have the meaning given those terms in section 1072 of 

title 10, United States Code. 

(2) The term ‘‘high-performing networks of health care providers’’ means networks of health care providers that, in addition to such other requirements as the Secretary of Defense may 

specify for purposes of this section, do the following: 

(A) Deliver high quality health care as measured by 

leading health quality measurement organizations such as 

the National Committee for Quality Assurance and the 

Agency for Healthcare Research and Quality. 

(B) Achieve greater efficiency in the delivery of health 

care by identifying and implementing within such network 

improvement opportunities that guide patients through the 

entire continuum of care, thereby reducing variations in the 

delivery of health care and preventing medical errors and 

duplication of medical services. 

(C) Improve population-based health outcomes by using 

a team approach to deliver case management, prevention, 

and wellness services to high-need and high-cost patients. 

(D) Focus on preventive care that emphasizes— 

(i) early detection and timely treatment of disease; 

(ii) periodic health screenings; and 


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(iii) education regarding healthy lifestyle behaviors. 

(E) Coordinate and integrate health care across the 

continuum of care, connecting all aspects of the health care 

received by the patient, including the patient’s health care 

team. 

(F) Facilitate access to health care providers, including— 

(i) after-hours care; 

(ii) urgent care; and 

(iii) through telehealth appointments, when appropriate. 

(G) Encourage patients to participate in making health 

care decisions. 

(H) Use evidence-based treatment protocols that improve the consistency of health care and eliminate ineffective, wasteful health care practices. 

SEC. 706. ESTABLISHMENT OF HIGH PERFORMANCE MILITARY-CIVILIAN INTEGRATED HEALTH DELIVERY SYSTEMS. 

(a) IN GENERAL.—Not later than January 1, 2018, the Secretary 

of Defense shall establish military-civilian integrated health delivery systems through partnerships with other health systems, including local or regional health systems in the private sector— 

(1) to improve access to health care for covered beneficiaries; 

(2) to enhance the experience of covered beneficiaries in receiving health care; 

(3) to improve health outcomes for covered beneficiaries; 

(4) to share resources between the Department of Defense 

and the private sector, including such staff, equipment, and 

training assets as may be required to carry out such integrated 

health delivery systems; 

(5) to maintain services within military treatment facilities 

that are essential for the maintenance of operational medical 

force readiness skills of health care providers of the Department; and 

(6) to provide members of the Armed Forces with additional 

training opportunities to maintain such readiness skills. 

(b) ELEMENTS OF SYSTEMS.—Each military-civilian integrated 

health delivery system established under subsection (a) shall— 

(1) deliver high quality health care as measured by leading 

national health quality measurement organizations; 

(2) achieve greater efficiency in the delivery of health care 

by identifying and implementing within each such system improvement opportunities that guide patients through the entire 

continuum of care, thereby reducing variations in the delivery 

of health care and preventing medical errors and duplication of 

medical services; 

(3) improve population-based health outcomes by using a 

team approach to deliver case management, prevention, and 

wellness services to high-need and high-cost patients; 

(4) focus on preventive care that emphasizes— 

(A) early detection and timely treatment of disease; 

(B) periodic health screenings; and 

(C) education regarding healthy lifestyle behaviors; 


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(5) coordinate and integrate health care across the continuum of care, connecting all aspects of the health care received by the patient, including the patient’s health care team; 

(6) facilitate access to health care providers, including— 

(A) after-hours care; 

(B) urgent care; and 

(C) through telehealth appointments, when appropriate; 

(7) encourage patients to participate in making health care 

decisions; 

(8) use evidence-based treatment protocols that improve the 

consistency of health care and eliminate ineffective, wasteful 

health care practices; and 

(9) improve coordination of behavioral health services with 

primary health care. 

(c) AGREEMENTS.— (1) IN GENERAL.—In establishing military-civilian integrated health delivery systems through partnerships under subsection (a), the Secretary shall seek to enter into memoranda of 

understanding or contracts between military treatment facilities 

and health maintenance organizations, health care centers of 

excellence, public or private academic medical institutions, regional health organizations, integrated health systems, accountable care organizations, and such other health systems as the 

Secretary considers appropriate. 

(2) PRIVATE SECTOR CARE.—Memoranda of understanding 

and contracts entered into under paragraph (1) shall ensure 

that covered beneficiaries are eligible to enroll in and receive 

medical services under the private sector components of military-civilian integrated health delivery systems established 

under subsection (a). 

(3) VALUE-BASED REIMBURSEMENT METHODOLOGIES.—The 

Secretary shall incorporate value-based reimbursement methodologies, such as capitated payments, bundled payments, or 

pay for performance, into memoranda of understanding and 

contracts entered into under paragraph (1) to reimburse entities 

for medical services provided to covered beneficiaries under 

such memoranda of understanding and contracts. 

(4) QUALITY OF CARE.—Each memorandum of understanding or contract entered into under paragraph (1) shall ensure that the quality of services received by covered beneficiaries 

through a military-civilian integrated health delivery system 

under such memorandum of understanding or contract is at 

least comparable to the quality of services received by covered 

beneficiaries from a military treatment facility. 

(d) COVERED BENEFICIARY DEFINED.—In this section, the term 

‘‘covered beneficiary’’ has the meaning given that term in section 

1072 of title 10, United States Code. 

SEC. 707. JOINT TRAUMA SYSTEM. 

(a) PLAN.— 

(1) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall submit 

to the Committees on Armed Services of the House of Representatives and the Senate an implementation plan to establish a 

Joint Trauma System within the Defense Health Agency that 


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promotes improved trauma care to members of the Armed 

Forces and other individuals who are eligible to be treated for 

trauma at a military medical treatment facility. 

(2) IMPLEMENTATION.—The Secretary shall implement the 

plan under paragraph (1) after a 90-day period has elapsed following the date on which the Comptroller General of the United 

States is required to submit to the Committees on Armed Services of the House of Representatives and the Senate the review 

under subsection (c). In implementing such plan, the Secretary 

shall take into account any recommendation made by the 

Comptroller General under such review. 

(b) ELEMENTS.—The Joint Trauma System described in subsection (a)(1) shall include the following elements: 

(1) Serve as the reference body for all trauma care provided 

across the military health system. 

(2) Establish standards of care for trauma services provided at military medical treatment facilities. 

(3) Coordinate the translation of research from the centers 

of excellence of the Department of Defense into standards of 

clinical trauma care. 

(4) Coordinate the incorporation of lessons learned from the 

trauma education and training partnerships pursuant to section 709 into clinical practice. 

(c) REVIEW.—Not later than 180 days after the date on which 

the Secretary submits to the Committees on Armed Services of the 

House of Representatives and the Senate the implementation plan 

under subsection (a)(1), the Comptroller General of the United 

States shall submit to such committees a review of such plan to determine if each element under subsection (b) is included in such 

plan. 

(d) REVIEW OF MILITARY TRAUMA SYSTEM.—In establishing a 

Joint Trauma System, the Secretary of Defense may seek to enter 

into an agreement with a non-governmental entity with subject matter experts to— 

(1) conduct a system-wide review of the military trauma 

system, including a comprehensive review of combat casualty 

care and wartime trauma systems during the period beginning 

on January 1, 2001, and ending on the date of the review, including an assessment of lessons learned to improve combat 

casualty care in future conflicts; and 

(2) make publicly available a report containing such review 

and recommendations to establish a comprehensive trauma system for the Armed Forces. 

SEC. 708. JOINT TRAUMA EDUCATION AND TRAINING DIRECTORATE. 

(a) ESTABLISHMENT.—The Secretary of Defense shall establish a 

Joint Trauma Education and Training Directorate (in this section 

referred to as the ‘‘Directorate’’) to ensure that the traumatologists 

of the Armed Forces maintain readiness and are able to be rapidly 

deployed for future armed conflicts. The Secretary shall carry out 

this section in collaboration with the Secretaries of the military departments. 

(b) DUTIES.—The duties of the Directorate are as follows: 

(1) To enter into and coordinate the partnerships under 

subsection (c). 


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(2) To establish the goals of such partnerships necessary for 

trauma teams led by traumatologists to maintain professional 

competency in trauma care. 

(3) To establish metrics for measuring the performance of 

such partnerships in achieving such goals. 

(4) To develop methods of data collection and analysis for 

carrying out paragraph (3). 

(5) To communicate and coordinate lessons learned from 

such partnerships with the Joint Trauma System established 

under section 707. 

(6) To develop standardized combat casualty care instruction for all members of the Armed Forces, including the use of 

standardized trauma training platforms. 

(7) To develop a comprehensive trauma care registry to 

compile relevant data from point of injury through rehabilitation of members of the Armed Forces. 

(8) To develop quality of care outcome measures for combat 

casualty care. 

(9) To direct the conduct of research on the leading causes 

of morbidity and mortality of members of the Armed Forces in 

combat. 

(c) PARTNERSHIPS.— 

(1) IN GENERAL.—The Secretary may enter into partnerships with civilian academic medical centers and large metropolitan teaching hospitals that have level I civilian trauma centers to provide integrated combat trauma teams, including forward surgical teams, with maximum exposure to a high volume 

of patients with critical injuries. 

(2) TRAUMA TEAMS.—Under the partnerships entered into 

with civilian academic medical centers and large metropolitan 

teaching hospitals under paragraph (1), trauma teams of the 

Armed Forces led by traumatologists of the Armed Forces shall 

embed within the trauma centers of the medical centers and 

hospitals on an enduring basis. 

(3) SELECTION.—The Secretary shall select civilian academic medical centers and large metropolitan teaching hospitals to enter into partnerships under paragraph (1) based on 

patient volume, acuity, and other factors the Secretary determines necessary to ensure that the traumatologists of the Armed 

Forces and the associated clinical support teams have adequate 

and continuous exposure to critically injured patients. 

(4) CONSIDERATION.—In entering into partnerships under 

paragraph (1), the Secretary may consider the experiences and 

lessons learned by the military departments that have entered 

into memoranda of understanding with civilian medical centers 

for trauma care. 

(d) PERSONNEL MANAGEMENT PLAN.— 

(1) PLAN.—The Secretary shall establish a personnel management plan for the following wartime medical specialties: 

(A) Emergency medical services and prehospital care. 

(B) Trauma surgery. 

(C) Critical care. 

(D) Anesthesiology. 

(E) Emergency medicine. 


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(F) Other wartime medical specialties the Secretary determines appropriate for purposes of the plan. 

(2) ELEMENTS.—The elements of the plan established under 

paragraph (1) shall include, at a minimum, the following: 

(A) An accession plan for the number of qualified medical personnel to maintain wartime medical specialties on 

an annual basis in order to maintain the required number 

of trauma teams as determined by the Secretary. 

(B) The number of positions required in each such 

medical specialty. 

(C) Crucial organizational and operational assignments for personnel in each such medical specialty. 

(D) Career pathways for personnel in each such medical specialty. 

(3) IMPLEMENTATION.—The Secretaries of the military departments shall carry out the plan established under paragraph 

(1). 

(e) IMPLEMENTATION PLAN.—Not later than July 1, 2017, the 

Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate an implementation plan for establishing the Joint Trauma Education and Training Directorate under subsection (a), entering into partnerships 

under subsection (c), and establishing the plan under subsection (d). 

(f) LEVEL I CIVILIAN TRAUMA CENTER DEFINED.—In this section, the term ‘‘level I civilian trauma center’’ means a comprehensive regional resource that is a tertiary care facility central to the 

trauma system and is capable of providing total care for every aspect of injury from prevention through rehabilitation. 

SEC. 709. STANDARDIZED SYSTEM FOR SCHEDULING MEDICAL APPOINTMENTS AT MILITARY TREATMENT FACILITIES. 

(a) STANDARDIZED SYSTEM.— (1) IN GENERAL.—Not later than January 1, 2018, the Secretary of Defense shall implement a system for scheduling medical appointments at military treatment facilities that is standardized throughout the military health system to enable timely 

access to care for covered beneficiaries. 

(2) LACK OF VARIANCE.—The system implemented under 

paragraph (1) shall ensure that the appointment scheduling 

processes and procedures used within the military health system do not vary among military treatment facilities. 

(b) SOLE SYSTEM.—Upon implementation of the system under 

subsection (a), no military treatment facility may use an appointment scheduling process other than such system. 

(c) SCHEDULING OF APPOINTMENTS.— 

(1) IN GENERAL.—Under the system implemented under 

subsection (a), each military treatment facility shall use a centralized appointment scheduling capability for covered beneficiaries that includes the ability to schedule appointments 

manually via telephone as described in paragraph (2) or automatically via a device that is connected to the Internet through 

an online scheduling system described in paragraph (3). 

(2) TELEPHONE APPOINTMENT PROCESS.— 

(A) IN GENERAL.—In the case of a covered beneficiary 

who contacts a military treatment facility via telephone to 

schedule an appointment under the system implemented 


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under subsection (a), the Secretary shall implement standard processes to ensure that the needs of the covered beneficiary are met during the first such telephone call. 

(B) MATTERS INCLUDED.—The standard processes implemented under subparagraph (A) shall include the following: 

(i) The ability of a covered beneficiary, during the 

telephone call to schedule an appointment, to also 

schedule wellness visits or follow-up appointments during the 180-day period beginning on the date of the request for the visit or appointment. 

(ii) The ability of a covered beneficiary to indicate 

the process through which the covered beneficiary prefers to be reminded of future appointments, which may 

include reminder telephone calls, emails, or cellular 

text messages to the covered beneficiary at specified intervals prior to appointments. 

(3) ONLINE SYSTEM.— 

(A) IN GENERAL.—The Secretary shall implement an 

online scheduling system that is available 24 hours per 

day, seven days per week, for purposes of scheduling appointments under the system implemented under subsection 

(a). 

(B) CAPABILITIES OF ONLINE SYSTEM.—The online 

scheduling system implemented under subparagraph (A) 

shall have the following capabilities: 

(i) An ability to send automated email and text 

message reminders, including repeat reminders, to patients regarding upcoming appointments. 

(ii) An ability to store appointment records to ensure rapid access by medical personnel to appointment 

data. 

(d) STANDARDS FOR PRODUCTIVITY OF HEALTH CARE PROVIDERS.— 

(1) IN GENERAL.—The Secretary shall implement standards 

for the productivity of health care providers at military treatment facilities. 

(2) MATTERS CONSIDERED.—In developing standards under 

paragraph (1), the Secretary shall consider— 

(A) civilian benchmarks for measuring the productivity 

of health care providers; 

(B) the optimal number of medical appointments for 

each health care provider that would be required, as determined by the Secretary, to maintain access of covered beneficiaries to health care from the Department; and 

(C) the readiness requirements of the Armed Forces. 

(e) PLAN.— 

(1) IN GENERAL.—Not later than January 1, 2017, the Secretary shall submit to the Committees on Armed Services of the 

Senate and the House of Representatives a comprehensive plan 

to implement the system required under subsection (a). 

(2) ELEMENTS.—The plan required under paragraph (1) 

shall include the following: 


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(A) A description of the manual appointment process to 

be used at military treatment facilities under the system required under subsection (a). 

(B) A description of the automated appointment process 

to be used at military treatment facilities under such system. 

(C) A timeline for the full implementation of such system throughout the military health system. 

(f) BRIEFING.—Not later than February 1, 2018, the Secretary 

shall brief the Committees on Armed Services of the Senate and the 

House of Representatives on the implementation of the system required under subsection (a) and the standards for the productivity 

of health care providers required under subsection (d). 

(g) REPORT ON MISSED APPOINTMENTS.— 

(1) IN GENERAL.—Not later than March 1 each year, the 

Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives a report 

on the total number of medical appointments at military treatment facilities for which a covered beneficiary failed to appear 

without prior notification during the one-year period preceding 

the submittal of the report. 

(2) ELEMENTS.—Each report under paragraph (1) shall include for each military treatment facility the following: 

(A) An identification of the top five reasons for a covered beneficiary missing an appointment. 

(B) A comparison of the number of missed appointments for specialty care versus primary care. 

(C) An estimate of the cost to the Department of Defense of missed appointments. 

(D) An assessment of strategies to reduce the number 

of missed appointments. 

(h) COVERED BENEFICIARY DEFINED.—In this section, the term 

‘‘covered beneficiary’’ has the meaning given that term in section 

1072 of title 10, United States Code. 

Subtitle B—Other Health Care Benefits 

SEC. 711. EXTENDED TRICARE PROGRAM COVERAGE FOR CERTAIN 

MEMBERS OF THE NATIONAL GUARD AND DEPENDENTS 

DURING CERTAIN DISASTER RESPONSE DUTY. 

(a) IN GENERAL.—Chapter 55 of title 10, United States Code, is 

amended by inserting after section 1076e the following new section: 

‘‘§ 1076f. TRICARE program: extension of coverage for certain 

members of the National Guard and dependents 

during certain disaster response duty 

‘‘(a) EXTENDED COVERAGE.—During a period in which a member of the National Guard is performing disaster response duty, the 

member may be treated as being on active duty for a period of more 

than 30 days for purposes of the eligibility of the member and dependents of the member for health care benefits under the TRICARE 

program if such period immediately follows a period in which the 

member served on full-time National Guard duty under section 

502(f) of title 32, including pursuant to chapter 9 of such title, unless the Governor of the State (or, with respect to the District of Columbia, the mayor of the District of Columbia) determines that such 


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extended eligibility is not in the best interest of the member or the 

State. 

‘‘(b) CONTRIBUTION BY STATE.—(1) The Secretary shall charge 

a State for the costs of providing coverage under the TRICARE program to members of the National Guard of the State and the dependents of the members pursuant to subsection (a). Such charges 

shall be paid from the funds of the State or from any other nonFederal funds. 

‘‘(2) Any amounts received by the Secretary under paragraph (1) 

shall be credited to the appropriation available for the Defense 

Health Program Account under section 1100 of this title, shall be 

merged with sums in such Account that are available for the fiscal 

year in which collected, and shall be available under subsection (b) 

of such section, including to carry out subsection (a) of this section. 

‘‘(c) DEFINITIONS.—In this section: 

‘‘(1) The term ‘disaster response duty’ means duty performed by a member of the National Guard in State status pursuant to an emergency declaration by the Governor of the State 

(or, with respect to the District of Columbia, the mayor of the 

District of Columbia) in response to a disaster or in preparation 

for an imminent disaster. 

‘‘(2) The term ‘State’ means each of the several States, the 

District of Columbia, the Commonwealth of Puerto Rico, and 

any territory or possession of the United States.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 1076e the following new item: 

‘‘1076f. TRICARE program: extension of coverage for certain members of the National 

Guard and dependents during certain disaster response duty.’’. 

SEC. 712. CONTINUITY OF HEALTH CARE COVERAGE FOR RESERVE 

COMPONENTS. 

(a) STUDY.— 

(1) IN GENERAL.—The Secretary of Defense shall conduct a 

study of options for providing health care coverage that improves the continuity of health care provided to current and 

former members of the Selected Reserve of the Ready Reserve 

who are not— 

(A) serving on active duty; 

(B) eligible for the Transitional Assistance Management Program under section 1145 of title 10, United States 

Code; or 

(C) eligible for the Federal Employees Health Benefit 

Program. 

(2) ELEMENTS.—The study under paragraph (1) shall address the following: 

(A) Whether to allow current and former members of 

the Selected Reserve to participate in the Federal Employees Health Benefit Program. 

(B) Whether to pay a stipend to current and former 

members to continue coverage in a health plan obtained by 

the member. 

(C) Whether to allow current and former members to 

participate in the TRICARE program under section 1076d 

of title 10, United States Code. 


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(D) Whether to amend section 1076f of title 10, United 

States Code, as added by section 711, to require the extension of TRICARE program coverage for members of the National Guard assigned to Homeland Response Force Units 

mobilized for a State emergency pursuant to chapter 9 of 

title 32, United States Code. 

(E) The findings and recommendations under section 

748. 

(F) Any other options for providing health care coverage to current and former members of the Selected Reserve the Secretary considers appropriate. 

(3) CONSULTATION.—In carrying out the study under paragraph (1), the Secretary shall consult with, and obtain the opinions of, current and former members of the Selected Reserve, including the leadership of the Selected Reserve. 

(4) SUBMISSION.— 

(A) REPORT.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary shall submit to the 

congressional defense committees a report on the study 

under paragraph (1). 

(B) MATTERS INCLUDED.—The report under subparagraph (A) shall include the following: 

(i) A description of the health care coverage options 

addressed by the Secretary under paragraph (2). 

(ii) Identification of such health care coverage option that the Secretary recommends as the best option. 

(iii) The justifications for such recommended best 

option. 

(iv) The number and proportion of the current and 

former members of the Selected Reserve projected to 

participate in such recommended best option. 

(v) A determination of the appropriate cost sharing 

for such recommended best option with respect to the 

percentage contribution as a monthly premium for current members of the Selected Reserve. 

(vi) An estimate of the cost of implementing such 

recommended best option. 

(vii) Any legislative language required to implement such recommended best option. 

(b) PILOT PROGRAM.— 

(1) AUTHORIZATION.—The Secretary of Defense and the Director may jointly carry out a pilot program, at the election of 

the Secretary, under which the Director provides commercial 

health insurance coverage to eligible reserve component members who enroll in a health benefits plan under paragraph (4) 

as an individual, for self plus one coverage, or for self and family coverage. 

(2) ELEMENTS.—The pilot program shall— 

(A) provide for enrollment by eligible reserve component members, at the election of the member, in a health 

benefits plan under paragraph (4) during an open enrollment period established by the Director for purposes of this 

subsection; 

(B) include a variety of national and regional health 

benefits plans that— 


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(i) meet the requirements of this subsection; 

(ii) are broadly representative of the health benefits 

plans available in the commercial market; and 

(iii) do not contain unnecessary restrictions, as determined by the Director; and 

(C) offer a sufficient number of health benefits plans in 

order to provide eligible reserve component beneficiaries 

with an ample choice of health benefits plans, as determined by the Director. 

(3) DURATION.—If the Secretary elects to carry out the pilot 

program, the Secretary and the Director shall carry out the 

pilot program for not less than five years. 

(4) HEALTH BENEFITS PLANS.— 

(A) IN GENERAL.—In providing health insurance coverage under the pilot program, the Director shall contract 

with qualified carriers for a variety of health benefits 

plans. 

(B) DESCRIPTION OF PLANS.—Health benefits plans contracted for under this subsection— 

(i) may vary by type of plan design, covered benefits, geography, and price; 

(ii) shall include maximum limitations on out-ofpocket expenses paid by an eligible reserve component 

beneficiary for the health care provided; and 

(iii) may not exclude an eligible reserve component 

member who chooses to enroll. 

(C) QUALITY OF PLANS.—The Director shall ensure that 

each health benefits plan offered under this subsection offers a high degree of quality, as determined by criteria that 

include— 

(i) access to an ample number of medical providers, as determined by the Director; 

(ii) adherence to industry-accepted quality measurements, as determined by the Director; 

(iii) access to benefits described in paragraph (5), 

including ease of referral for health care services; and 

(iv) inclusion in the services covered by the plan of 

advancements in medical treatments and technology as 

soon as practicable in accordance with generally accepted standards of medicine. 

(5) BENEFITS.—A health benefits plan offered by the Director under this subsection shall include, at a minimum, the following benefits: 

(A) The health care benefits provided under chapter 55 

of title 10, United States Code, excluding pharmaceutical, 

dental, and extended health care option benefits. 

(B) Such other benefits as the Director determines appropriate. 

(6) CARE AT FACILITIES OF UNIFORMED SERVICES.— 

(A) IN GENERAL.—If an eligible reserve component beneficiary receives benefits described in paragraph (5) at a facility of the uniformed services, the health benefits plan 

under which the beneficiary is covered shall be treated as 

a third-party payer under section 1095 of title 10, United 


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States Code, and shall pay charges for such benefits as determined by the Secretary. 

(B) MILITARY MEDICAL TREATMENT FACILITIES.—The 

Secretary, in consultation with the Director— 

(i) may contract with qualified carriers with which 

the Director has contracted under paragraph (4) to provide health insurance coverage for health care services 

provided at military treatment facilities under this 

subsection; and 

(ii) may receive payments under section 1095 of 

title 10, United States Code, from qualified carriers for 

health care services provided at military medical treatment facilities under this subsection. 

(7) SPECIAL RULE RELATING TO ACTIVE DUTY PERIOD.— 

(A) IN GENERAL.—An eligible reserve component member may not receive benefits under a health benefits plan 

under this subsection during any period in which the member is serving on active duty for more than 30 days. 

(B) TREATMENT OF DEPENDENTS.—Subparagraph (A) 

does not affect the coverage under a health benefits plan of 

any dependent of an eligible reserve component member. 

(8) ELIGIBILITY FOR FEDERAL EMPLOYEES HEALTH BENEFITS

PROGRAM.—An individual is not eligible to enroll in or be covered under a health benefits plan under this subsection if the 

individual is eligible to enroll in a health benefits plan under 

the Federal Employees Health Benefits Program. 

(9) COST SHARING.— 

(A) RESPONSIBILITY FOR PAYMENT.— 

(i) IN GENERAL.—Except as provided in clause (ii), 

an eligible reserve component member shall pay an annual premium amount calculated under subparagraph 

(B) for coverage under a health benefits plan under 

this subsection and additional amounts described in 

subparagraph (C) for health care services in connection 

with such coverage. 

(ii) ACTIVE DUTY PERIOD.— 

(I) IN GENERAL.—During any period in which 

an eligible reserve component member is serving on 

active duty for more than 30 days, the eligible reserve component member is not responsible for 

paying any premium amount under subparagraph 

(B) or additional amounts under subparagraph 

(C). 

(II) COVERAGE OF DEPENDENTS.—With respect 

to a dependent of an eligible reserve component 

member that is covered under a health benefits 

plan under this subsection, during any period described in subclause (I) with respect to the member, the Secretary shall, on behalf of the dependent, pay 100 percent of the total annual amount of 

a premium for coverage of the dependent under the 

plan and such cost-sharing amounts as may be applicable under the plan. 

(B) PREMIUM AMOUNT.— 


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(i) IN GENERAL.—The annual premium calculated 

under this subparagraph is an amount equal to 28 percent of the total annual amount of a premium under 

the health benefits plan selected. 

(ii) TYPES OF COVERAGE.—The premium amounts 

calculated under this subparagraph shall include separate calculations for— 

(I) coverage as an individual; 

(II) self plus one coverage; and 

(III) self and family coverage. 

(C) ADDITIONAL AMOUNTS.—The additional amounts 

described in this subparagraph with respect to an eligible 

reserve component member are such cost-sharing amounts 

as may be applicable under the health benefits plan under 

which the member is covered. 

(10) CONTRACTING.— 

(A) IN GENERAL.—In contracting for health benefits 

plans under paragraph (4), the Director may contract with 

qualified carriers in a manner similar to the manner in 

which the Director contracts with carriers under section 

8902 of title 5, United States Code, including that— 

(i) a contract under this subsection shall be for a 

uniform term of not less than one year, but may be 

made automatically renewable from term to term in the 

absence of notice of termination by either party; 

(ii) a contract under this subsection shall contain 

a detailed statement of benefits offered and shall include such maximums, limitations, exclusions, and 

other definitions of benefits determined by the Director 

in accordance with paragraph (5); 

(iii) a contract under this subsection shall ensure 

that an eligible reserve component member who is eligible to enroll in a health benefits plan pursuant to such 

contract is able to enroll in such plan; and 

(iv) the terms of a contract under this subsection 

relating to the nature, provision, or extent of coverage 

or benefits (including payments with respect to benefits) shall supersede and preempt any conflicting State 

or local law. 

(B) EVALUATION OF FINANCIAL SOLVENCY.—The Director shall perform a thorough evaluation of the financial solvency of an insurance carrier before entering into a contract 

with the insurance carrier under subparagraph (A). 

(11) RECOMMENDATIONS AND DATA.— 

(A) IN GENERAL.—The Secretary of Defense, in consultation with the Secretary of Homeland Security, shall 

provide recommendations and data to the Director with respect to— 

(i) matters involving military medical treatment 

facilities; 

(ii) matters unique to eligible reserve component 

members and dependents of such members; and 

(iii) such other strategic guidance necessary for the 

Director to administer this subsection as the Secretary 


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of Defense, in consultation with the Secretary of Homeland Security, considers appropriate. 

(B) LIMITATION ON IMPLEMENTATION.—The Director 

shall not implement any recommendation provided by the 

Secretary of Defense under subparagraph (A) if the Director 

determines that the implementation of the recommendation 

would result in eligible reserve components beneficiaries receiving less generous health benefits under this subsection 

than the health benefits commonly available to individuals 

under the Federal Employees Health Benefits Program during the same period. 

(12) TRANSMISSION OF INFORMATION.—On an annual basis 

during each year in which the pilot program is carried out, the 

Director shall provide the Secretary with information on the use 

of health care benefits under the pilot program, including— 

(A) the number of eligible reserve component beneficiaries participating in the pilot program, listed by the 

health benefits plan under which the beneficiary is covered; 

(B) the number of health benefits plans offered under 

the pilot program and a description of each such plan; and 

(C) the costs of the health care provided under the 

plans. 

(13) FUNDING.— 

(A) IN GENERAL.—The Secretary of Defense and the Director shall jointly establish an appropriate mechanism to 

fund the pilot program. 

(B) AVAILABILITY OF AMOUNTS.—Amounts shall be 

made available to the Director pursuant to the mechanism 

established under subparagraph (A), without fiscal year 

limitation— 

(i) for payments to health benefits plans under this 

subsection; and 

(ii) to pay the costs of administering this subsection. 

(14) REPORTS.— 

(A) INITIAL REPORTS.—Not later than one year after the 

date on which the Secretary establishes the pilot program, 

and annually thereafter for the following three years, the 

Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report 

on the pilot program. 

(B) MATTERS INCLUDED.—The report under subparagraph (A) shall include, with respect to the year covered by 

the report, the following: 

(i) The number of eligible reserve component beneficiaries participating in the pilot program, listed by 

the health benefits plan under which the beneficiary is 

covered. 

(ii) The number of health benefits plans offered 

under the pilot program. 

(iii) The cost of the pilot program to the Department of Defense. 

(iv) The estimated cost savings, if any, to the Department of Defense. 


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(v) The average cost to the eligible reserve component beneficiary. 

(vi) The effect of the pilot program on the medical 

readiness of the members of the reserve components. 

(vii) The effect of the pilot program on access to 

health care for members of the reserve components. 

(C) FINAL REPORT.—Not later than 180 days before the 

date on which the pilot program will terminate pursuant to 

paragraph (3), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program that includes— 

(i) the matters specified under subparagraph (B); 

and 

(ii) the recommendation of the Secretary regarding 

whether to make the pilot program permanent or to terminate the pilot program. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘Director’’ means the Director of the Office of 

Personnel Management. 

(2) The term ‘‘eligible reserve component beneficiary’’ means 

an eligible reserve component member enrolled in, or a dependent of such a member described in subparagraph (A), (D), or (I) 

of section 1072(2) of title 10, United States Code, covered under, 

a health benefits plan under subsection (b). 

(3) The term ‘‘eligible reserve component member’’ means a 

member of the Selected Reserve of the Ready Reserve of an 

Armed Force. 

(4) The term ‘‘extended health care option’’ means the program of extended benefits under subsections (d) and (e) of section 1079 of title 10, United States Code. 

(5) The term ‘‘Federal Employees Health Benefits Program’’ 

means the health insurance program under chapter 89 of title 

5, United States Code. 

(6) The term ‘‘qualified carrier’’ means an insurance carrier 

that is licensed to issue group health insurance in any State, 

the District of Columbia, the Commonwealth of Puerto Rico, the 

Commonwealth of the Northern Mariana Islands, Guam, and 

any territory or possession of the United States. 

SEC. 713. PROVISION OF HEARING AIDS TO DEPENDENTS OF RETIRED 

MEMBERS. 

Section 1077 of title 10, United States Code, is amended— 

(1) in subsection (a)(16), by striking ‘‘A hearing aid’’ and 

inserting ‘‘Except as provided by subsection (g), a hearing aid’’; 

and 

(2) by adding at the end the following new subsection: 

‘‘(g) In addition to the authority to provide a hearing aid under 

subsection (a)(16), hearing aids may be sold under this section to 

dependents of former members of the uniformed services at cost to 

the United States.’’. 

SEC. 714. COVERAGE OF MEDICALLY NECESSARY FOOD AND VITAMINS 

FOR CERTAIN CONDITIONS UNDER THE TRICARE PROGRAM. 

(a) IN GENERAL.—Section 1077 of title 10, United States Code, 

as amended by section 713, is further amended— 

(1) in subsection (a)— 


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(A) in paragraph (3), by inserting before the period at 

the end the following: ‘‘, including, in accordance with subsection (g), medically necessary vitamins’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(18) In accordance with subsection (g), medically necessary 

food and the medical equipment and supplies necessary to administer such food (other than durable medical equipment and 

supplies).’’; and 

(2) by adding at the end the following new subsection: 

‘‘(h)(1) Vitamins that may be provided under subsection (a)(3) 

are vitamins used for the management of a covered disease or condition pursuant to the prescription, order, or recommendation (as applicable) of a physician or other health care professional qualified 

to make such prescription, order, or recommendation. 

‘‘(2) Medically necessary food that may be provided under subsection (a)(18)— 

‘‘(A) is food, including a low protein modified food product 

or an amino acid preparation product, that is— 

‘‘(i) furnished pursuant to the prescription, order, or 

recommendation (as applicable) of a physician or other 

health care professional qualified to make such prescription, order, or recommendation, for the dietary management of a covered disease or condition; 

‘‘(ii) a specially formulated and processed product (as 

opposed to a naturally occurring foodstuff used in its natural state) for the partial or exclusive feeding of an individual by means of oral intake or enteral feeding by tube; 

‘‘(iii) intended for the dietary management of an individual who, because of therapeutic or chronic medical 

needs, has limited or impaired capacity to ingest, digest, 

absorb, or metabolize ordinary foodstuffs or certain nutrients, or who has other special medically determined nutrient requirements, the dietary management of which cannot 

be achieved by the modification of the normal diet alone; 

‘‘(iv) intended to be used under medical supervision, 

which may include in a home setting; and 

‘‘(v) intended only for an individual receiving active 

and ongoing medical supervision under which the individual requires medical care on a recurring basis for, 

among other things, instructions on the use of the food; and 

‘‘(B) may not include— 

‘‘(i) food taken as part of an overall diet designed to reduce the risk of a disease or medical condition or as 

weight-loss products, even if the food is recommended by a 

physician or other health care professional; 

‘‘(ii) food marketed as gluten-free for the management 

of celiac disease or non-celiac gluten sensitivity; 

‘‘(iii) food marketed for the management of diabetes; or 

‘‘(iv) such other products as the Secretary determines 

appropriate. 

‘‘(3) In this subsection, the term ‘covered disease or condition’ 

means— 

‘‘(A) inborn errors of metabolism; 

‘‘(B) medical conditions of malabsorption; 


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‘‘(C) pathologies of the alimentary tract or the gastrointestinal tract; 

‘‘(D) a neurological or physiological condition; and 

‘‘(E) such other diseases or conditions the Secretary determines appropriate.’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection (a) 

shall apply to health care provided under chapter 55 of such title 

on or after the date that is one year after the date of the enactment 

of this Act. 

SEC. 715. ELIGIBILITY OF CERTAIN BENEFICIARIES UNDER THE 

TRICARE PROGRAM FOR PARTICIPATION IN THE FEDERAL 

EMPLOYEES DENTAL AND VISION INSURANCE PROGRAM. 

(a) IN GENERAL.— (1) DENTAL BENEFITS.—Section 8951 of title 5, United 

States Code, is amended— 

(A) in paragraph (3), by striking ‘‘paragraph (1) or (2)’’ 

and inserting ‘‘paragraph (1), (2), or (8)’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(8) The term ‘covered TRICARE-eligible individual’ means 

an individual entitled to dental care under chapter 55 of title 

10, pursuant to section 1076c of such title, who the Secretary 

of Defense determines should be an eligible individual for purposes of this chapter.’’. 

(2) VISION BENEFITS.—Section 8981 of title 5, United States 

Code, is amended— 

(A) in paragraph (3), by striking ‘‘paragraph (1) or (2)’’ 

and inserting ‘‘paragraph (1), (2), or (8)’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(8)(A) The term ‘covered TRICARE-eligible individual’— 

‘‘(i) means an individual entitled to medical care under 

chapter 55 of title 10, pursuant to section 1076d, 1076e, 

1079(a), 1086(c), or 1086(d) of such title, who the Secretary 

of Defense determines in accordance with an agreement entered into under subparagraph (B) should be an eligible individual for purposes of this chapter; and 

‘‘(ii) does not include an individual covered under section 1110b of title 10. 

‘‘(B) The Secretary of Defense shall enter into an agreement 

with the Director of the Office relating to classes of individuals 

described in subparagraph (A)(i) who should be eligible individuals for purposes of this chapter.’’. 

(b) CONFORMING AMENDMENTS.— 

(1) DENTAL BENEFITS.—Section 8958(c) of title 5, United 

States Code, is amended— 

(A) in paragraph (1), by striking ‘‘or’’ at the end; 

(B) in paragraph (2), by striking the period at the end 

and inserting a semicolon; and 

(C) by adding at the end the following new paragraphs: 

‘‘(3) in the case of a covered TRICARE-eligible individual 

who receives pay from the Federal Government or an annuity 

from the Federal Government due to the death of a member of 

the uniformed services (as defined in section 101 of title 10), 

and is not a former spouse of a member of the uniformed services, be withheld from— 


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‘‘(A) the pay (including retired pay) of such individual; 

or 

‘‘(B) the annuity paid to such individual; or 

‘‘(4) in the case of a covered TRICARE-eligible individual 

who is not described in paragraph (3), be billed to such individual directly.’’. 

(2) VISION BENEFITS.—Section 8988(c) of title 5, United 

States Code, is amended— 

(A) in paragraph (1), by striking ‘‘or’’ at the end; 

(B) in paragraph (2), by striking the period at the end 

and inserting a semicolon; and 

(C) by adding at the end the following new paragraphs: 

‘‘(3) in the case of a covered TRICARE-eligible individual 

who receives pay from the Federal Government or an annuity 

from the Federal Government due to the death of a member of 

the uniformed services (as defined in section 101 of title 10), 

and is not a former spouse of a member of the uniformed services, be withheld from— 

‘‘(A) the pay (including retired pay) of such individual; 

or 

‘‘(B) the annuity paid to such individual; or 

‘‘(4) in the case of a covered TRICARE-eligible individual 

who is not described in paragraph (3), be billed to such individual directly.’’. 

(3) PLAN FOR DENTAL INSURANCE FOR CERTAIN RETIREES, SURVIVING SPOUSES, AND OTHER DEPENDENTS.—Subsection (a) 

of section 1076c of title 10, United States Code, is amended to 

read as follows: 

‘‘(a) REQUIREMENT FOR PLAN.—(1) The Secretary of Defense 

shall establish a dental insurance plan for retirees of the uniformed 

services, certain unremarried surviving spouses, and dependents in 

accordance with this section. 

‘‘(2) The Secretary may satisfy the requirement under paragraph (1) by entering into an agreement with the Director of the Office of Personnel Management to allow persons described in subsection (b) to enroll in an insurance plan under chapter 89A of title 

5 that provides benefits similar to those benefits required to be provided under subsection (d).’’. 

(c) APPLICABILITY.—The amendments made by this section shall 

apply with respect to the first contract year for chapter 89A or 89B 

of title 5, United States Code, as applicable, that begins on or after 

January 1, 2018. 

SEC. 716. APPLIED BEHAVIOR ANALYSIS. 

(a) RATES OF REIMBURSEMENT.— 

(1) IN GENERAL.—In furnishing applied behavior analysis 

under the TRICARE program to individuals described in paragraph (2) during the period beginning on the date of the enactment of this Act and ending on December 31, 2018, the Secretary of Defense shall ensure that the reimbursement rates for 

providers of applied behavior analysis are not less than the 

rates that were in effect on March 31, 2016. 

(2) INDIVIDUALS DESCRIBED.—Individuals described in this 

paragraph are individuals who are covered beneficiaries by reason of being a member or former member of the Army, Navy, 


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Air Force, or Marine Corps, including the reserve components 

thereof, or a dependent of such a member or former member. 

(b) ANALYSIS.— 

(1) IN GENERAL.—Upon the completion of the Department of 

Defense Comprehensive Autism Care Demonstration, the Assistant Secretary of Defense for Health Affairs shall conduct an 

analysis to— 

(A) use data gathered during the demonstration to set 

future reimbursement rates for providers of applied behavior analysis under the TRICARE program; 

(B) review comparative commercial insurance claims 

for purposes of setting such future rates, including by— 

(i) conducting an analysis of the comparative total 

of commercial insurance claims billed for applied behavior analysis; and 

(ii) reviewing any covered beneficiary limitations 

on access to applied behavior analysis services at various military installations throughout the United 

States; and 

(C) determine whether the use of applied behavioral 

analysis under the demonstration has improved outcomes 

for covered beneficiaries with autism spectrum disorder. 

(2) SUBMISSION.—The Assistant Secretary shall submit to 

the Committees on Armed Services of the Senate and the House 

of Representatives the analysis conducted under paragraph (1). 

(c) DEFINITIONS.—In this section, the terms ‘‘covered beneficiary’’ and ‘‘TRICARE program’’ have the meaning given those 

terms in section 1072 of title 10, United States Code. 

SEC. 717. EVALUATION AND TREATMENT OF VETERANS AND CIVILIANS 

AT MILITARY TREATMENT FACILITIES. 

(a) IN GENERAL.—The Secretary of Defense shall authorize a 

veteran (in consultation with the Secretary of Veterans Affairs) or 

civilian to be evaluated and treated at a military treatment facility 

if the Secretary of Defense determines that— 

(1) the evaluation and treatment of the individual is necessary to attain the relevant mix and volume of medical casework required to maintain medical readiness skills and competencies of health care providers at the facility; 

(2) the health care providers at the facility have the competencies, skills, and abilities required to treat the individual; 

and 

(3) the facility has available space, equipment, and materials to treat the individual. 

(b) PRIORITY OF COVERED BENEFICIARIES.—The evaluation and 

treatment of covered beneficiaries at military treatment facilities 

shall be prioritized ahead of the evaluation and treatment of veterans and civilians at such facilities under subsection (a). 

(c) REIMBURSEMENT FOR TREATMENT.— 

(1) CIVILIANS.—A military treatment facility that evaluates 

or treats an individual (other than an individual described in 

paragraph (2)) under subsection (a) shall bill the individual 

and accept reimbursement from the individual or a third-party 

payer (as that term is defined in section 1095(h) of title 10, 

United States Code) on behalf of such individual for the costs 


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of any health care services provided to the individual under 

such subsection. 

(2) VETERANS.—The Secretary of Defense shall enter into a 

memorandum of agreement with the Secretary of Veterans Affairs under which the Secretary of Veterans Affairs will pay a 

military treatment facility using a prospective payment methodology (including interagency transfers of funds or obligational 

authority and similar transactions) for the costs of any health 

care services provided at the facility under subsection (a) to individuals eligible for such health care services from the Department of Veterans Affairs. 

(3) USE OF AMOUNTS.—The Secretary of Defense shall make 

available to a military treatment facility any amounts collected 

by such facility under paragraph (1) or (2) for health care services provided to an individual under subsection (a). 

(d) COVERED BENEFICIARY DEFINED.—In this section, the term 

‘‘covered beneficiary’’ has the meaning given that term in section 

1072 of title 10, United States Code. 

SEC. 718. ENHANCEMENT OF USE OF TELEHEALTH SERVICES IN MILITARY HEALTH SYSTEM. 

(a) INCORPORATION OF TELEHEALTH.— (1) IN GENERAL.—Not later than 18 months after the date 

of the enactment of this Act, the Secretary of Defense shall incorporate, throughout the direct care and purchased care components of the military health system, the use of telehealth services, including mobile health applications— 

(A) to improve access to primary care, urgent care, behavioral health care, and specialty care; 

(B) to perform health assessments; 

(C) to provide diagnoses, interventions, and supervision; 

(D) to monitor individual health outcomes of covered 

beneficiaries with chronic diseases or conditions; 

(E) to improve communication between health care providers and patients; and 

(F) to reduce health care costs for covered beneficiaries 

and the Department of Defense. 

(2) TYPES OF TELEHEALTH SERVICES.—The telehealth services required to be incorporated under paragraph (1) shall include those telehealth services that— 

(A) maximize the use of secure messaging between 

health care providers and covered beneficiaries to improve 

the access of covered beneficiaries to health care and reduce 

the number of visits to medical facilities for health care 

needs; 

(B) allow covered beneficiaries to schedule appointments; and 

(C) allow health care providers, through video conference, telephone or tablet applications, or home health 

monitoring devices— 

(i) to assess and evaluate disease signs and symptoms; 

(ii) to diagnose diseases; 

(iii) to supervise treatments; and 

(iv) to monitor health outcomes. 


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(b) COVERAGE OF ITEMS OR SERVICES.—An item or service furnished to a covered beneficiary via a telecommunications system 

shall be covered under the TRICARE program to the same extent as 

the item or service would be covered if furnished in the location of 

the covered beneficiary. 

(c) REIMBURSEMENT RATES FOR TELEHEALTH SERVICES.—The 

Secretary shall develop standardized payment methods to reimburse 

health care providers for telehealth services provided to covered 

beneficiaries in the purchased care component of the TRICARE program, including by using reimbursement rates that incentivize the 

provision of telehealth services. 

(d) REDUCTION OR ELIMINATION OF COPAYMENTS.—The Secretary shall reduce or eliminate, as the Secretary considers appropriate, copayments or cost shares for covered beneficiaries in connection with the receipt of telehealth services under the purchased care 

component of the TRICARE program. 

(e) REPORTS.— 

(1) INITIAL REPORT.— 

(A) IN GENERAL.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary shall submit 

to the Committees on Armed Services of the Senate and the 

House of Representatives a report describing the full range 

of telehealth services to be available in the direct care and 

purchased care components of the military health system 

and the copayments and cost shares, if any, associated with 

those services. 

(B) REIMBURSEMENT PLAN.—The report required under 

subparagraph (A) shall include a plan to develop standardized payment methods to reimburse health care providers 

for telehealth services provided to covered beneficiaries in 

the purchased care component of the TRICARE program, 

as required under subsection (c). 

(2) FINAL REPORT.— 

(A) IN GENERAL.—Not later than three years after the 

date on which the Secretary begins incorporating, throughout the direct care and purchased care components of the 

military health system, the use of telehealth services as required under subsection (a), the Secretary shall submit to 

the Committees on Armed Services of the Senate and the 

House of Representatives a report describing the impact 

made by the use of telehealth services, including mobile 

health applications, to carry out the actions specified in 

subparagraphs (A) through (F) of subsection (a)(1). 

(B) ELEMENTS.—The report required under subparagraph (A) shall include an assessment of the following: 

(i) The satisfaction of covered beneficiaries with 

telehealth services furnished by the Department of Defense. 

(ii) The satisfaction of health care providers in providing telehealth services furnished by the Department. 

(iii) The effect of telehealth services furnished by 

the Department on the following: 

(I) The ability of covered beneficiaries to access 

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chased care components of the military health system. 

(II) The frequency of use of telehealth services 

by covered beneficiaries. 

(III) The productivity of health care providers 

providing care furnished by the Department. 

(IV) The reduction, if any, in the use by covered beneficiaries of health care services in military treatment facilities or medical facilities in the 

private sector. 

(V) The number and types of appointments for 

the receipt of telehealth services furnished by the 

Department. 

(VI) The savings, if any, realized by the Department by furnishing telehealth services to covered beneficiaries. 

(f) REGULATIONS.— 

(1) INTERIM FINAL RULE.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary shall prescribe 

an interim final rule to implement this section. 

(2) FINAL RULE.—Not later than 180 days after prescribing 

the interim final rule under paragraph (1) and considering 

public comments with respect to such interim final rule, the 

Secretary shall prescribe a final rule to implement this section. 

(3) OBJECTIVES.—The regulations prescribed under paragraphs (1) and (2) shall accomplish the objectives set forth in 

subsection (a) and ensure quality of care, patient safety, and the 

integrity of the TRICARE program. 

(g) DEFINITIONS.—In this section, the terms ‘‘covered beneficiary’’ and ‘‘TRICARE program’’ have the meaning given those 

terms in section 1072 of title 10, United States Code. 

SEC. 719. AUTHORIZATION OF REIMBURSEMENT BY DEPARTMENT OF 

DEFENSE TO ENTITIES CARRYING OUT STATE VACCINATION PROGRAMS FOR COSTS OF VACCINES PROVIDED TO 

COVERED BENEFICIARIES. 

(a) REIMBURSEMENT.— 

(1) IN GENERAL.—The Secretary of Defense may reimburse 

an amount determined under paragraph (2) to an entity carrying out a State vaccination program for the cost of vaccines 

provided to covered beneficiaries through such program. 

(2) AMOUNT OF REIMBURSEMENT.— (A) IN GENERAL.—Except as provided in subparagraph 

(B), the amount determined under this paragraph with respect to a State vaccination program shall be the amount 

assessed by the entity carrying out such program to purchase vaccines provided to covered beneficiaries through 

such program. 

(B) LIMITATION.—The amount determined under this 

paragraph to provide vaccines to covered beneficiaries 

through a State vaccination program may not exceed the 

amount that the Department would reimburse an entity 

under the TRICARE program for providing vaccines to the 

number of covered beneficiaries who were involved in the 

applicable State vaccination program. 

(b) DEFINITIONS.—In this section: 


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(1) COVERED BENEFICIARY; TRICARE PROGRAM.—The terms 

‘‘covered beneficiary’’ and ‘‘TRICARE program’’ have the meanings given those terms in section 1072 of title 10, United States 

Code. 

(2) STATE VACCINATION PROGRAM.—The term ‘‘State vaccination program’’ means a vaccination program that provides 

vaccinations to individuals in a State and is carried out by an 

entity (including an agency of the State) within the State. 

Subtitle C—Health Care Administration 

SEC. 721. AUTHORITY TO CONVERT MILITARY MEDICAL AND DENTAL 

POSITIONS TO CIVILIAN MEDICAL AND DENTAL POSITIONS. 

(a) LIMITED AUTHORITY FOR CONVERSION.— (1) AUTHORITY.—Chapter 49 of title 10, United States Code, 

is amended by inserting after section 976 the following new section: 

‘‘§ 977. Conversion of military medical and dental positions 

to civilian medical and dental positions: limitation 

‘‘(a) PROCESS.—The Secretary of Defense, in collaboration with 

the Secretaries of the military departments, shall establish a process 

to define the military medical and dental personnel requirements 

necessary to meet operational medical force readiness requirements. 

‘‘(b) REQUIREMENTS RELATING TO CONVERSION.—A military 

medical or dental position within the Department of Defense may be 

converted to a civilian medical or dental position if the Secretary 

determines that the position is not necessary to meet operational 

medical force readiness requirements, as determined pursuant to 

subsection (a). 

‘‘(c) GRADE OR LEVEL CONVERTED.—In carrying out a conversion under subsection (b), the Secretary of Defense— 

‘‘(1) shall convert the applicable military position to a civilian position with a level of compensation commensurate with 

the skills and experience necessary to carry out the duties of 

such civilian position; and 

‘‘(2) may not place any limitation on the grade or level to 

which the military position is so converted. 

‘‘(d) DEFINITIONS.—In this section: 

‘‘(1) The term ‘military medical or dental position’ means a 

position for the performance of health care functions within the 

armed forces held by a member of the armed forces. 

‘‘(2) The term ‘civilian medical or dental position’ means a 

position for the performance of health care functions within the 

Department of Defense held by an employee of the Department 

or of a contractor of the Department. 

‘‘(3) The term ‘conversion’, with respect to a military medical or dental position, means a change of the position to a civilian medical or dental position, effective as of the date of the 

manning authorization document of the military department 

making the change (through a change in designation from military to civilian in the document, the elimination of the listing 

of the position as a military position in the document, or 

through any other means indicating the change in the document or otherwise).’’. 


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(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 49 of such title is amended by inserting after 

the item relating to section 976 the following new item: 

‘‘977. Conversion of military medical and dental positions to civilian medical and 

dental positions: limitation.’’. 

(3) EFFECTIVE DATE OF CONVERSION AUTHORITY.—The Secretary of Defense may not carry out section 977(b) of title 10, 

United States Code, as added by paragraph (1), until the date 

that is 180 days after the date on which the Secretary submits 

the report under subsection (b). 

(b) REPORT.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes the following: 

(1) A description of the process established under section 

977(a) of title 10, United States Code, as added by subsection 

(a), to define the military medical and dental personnel requirements necessary to meet operational medical force readiness requirements. 

(2) A complete list, by position, of the military medical and 

dental personnel requirements necessary to meet operational 

medical force readiness requirements. 

(c) CONFORMING REPEAL.—Section 721 of the National Defense 

Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 

Stat. 198; 10 U.S.C. 129c note) is repealed. 

SEC. 722. PROSPECTIVE PAYMENT OF FUNDS NECESSARY TO PROVIDE 

MEDICAL CARE FOR THE COAST GUARD. 

(a) IN GENERAL.—Chapter 13 of title 14, United States Code, is 

amended by adding at the end the following: 

‘‘§ 520. Prospective payment of funds necessary to provide 

medical care 

‘‘(a) PROSPECTIVE PAYMENT REQUIRED.—In lieu of the reimbursement required under section 1085 of title 10, the Secretary of 

Homeland Security shall make a prospective payment to the Secretary of Defense of an amount that represents the actuarial valuation of treatment or care— 

‘‘(1) that the Department of Defense shall provide to members of the Coast Guard, former members of the Coast Guard, 

and dependents of such members and former members (other 

than former members and dependents of former members who 

are a Medicare-eligible beneficiary or for whom the payment for 

treatment or care is made from the Medicare-Eligible Retiree 

Health Care Fund) at facilities under the jurisdiction of the Department of Defense or a military department; and 

‘‘(2) for which a reimbursement would otherwise be made 

under section 1085. 

‘‘(b) AMOUNT.—The amount of the prospective payment under 

subsection (a) shall be— 

‘‘(1) in the case of treatment or care to be provided to members of the Coast Guard and their dependents, derived from 

amounts appropriated for the operating expenses of the Coast 

Guard; 


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‘‘(2) in the case of treatment or care to be provided former 

members of the Coast Guard and their dependents, derived 

from amounts appropriated for retired pay; 

‘‘(3) determined under procedures established by the Secretary of Defense; 

‘‘(4) paid during the fiscal year in which treatment or care 

is provided; and 

‘‘(5) subject to adjustment or reconciliation as the Secretaries determine appropriate during or promptly after such fiscal year in cases in which the prospective payment is determined excessive or insufficient based on the services actually 

provided. 

‘‘(c) NO PROSPECTIVE PAYMENT WHEN SERVICE IN NAVY.—No 

prospective payment shall be made under this section for any period 

during which the Coast Guard operates as a service in the Navy. 

‘‘(d) RELATIONSHIP TO TRICARE.—This section shall not be 

construed to require a payment for, or the prospective payment of an 

amount that represents the value of, treatment or care provided 

under any TRICARE program.’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 13 of title 

14, United States Code, is amended by adding at the end the following: 

‘‘520. Prospective payment of funds necessary to provide medical care.’’. 

(c) REPEAL.—Section 217 of the Coast Guard Authorization Act 

of 2016 (Public Law 114–120), as amended by section 3503, and the 

item relating to that section in the table of contents in section 2 of 

such Act, are repealed. 

SEC. 723. REDUCTION OF ADMINISTRATIVE REQUIREMENTS RELATING 

TO AUTOMATIC RENEWAL OF ENROLLMENTS IN TRICARE 

PRIME. 

Section 1097a(b) of title 10, United States Code, is amended— 

(1) in paragraph (1), by striking ‘‘(1) An’’ and inserting 

‘‘An’’; and 

(2) by striking paragraph (2). 

SEC. 724. MODIFICATION OF AUTHORITY OF UNIFORMED SERVICES 

UNIVERSITY OF THE HEALTH SCIENCES TO INCLUDE UNDERGRADUATE AND OTHER MEDICAL EDUCATION AND 

TRAINING PROGRAMS. 

(a) IN GENERAL.—Section 2112(a) of title 10, United States 

Code, is amended to read as follows: 

‘‘(a)(1) There is established a Uniformed Services University of 

the Health Sciences (in this chapter referred to as the ‘University’) 

with authority to grant appropriate certificates, certifications, undergraduate degrees, and advanced degrees. 

‘‘(2) The University shall be so organized as to graduate not 

fewer than 100 medical students annually. 

‘‘(3) The headquarters of the University shall be at a site or sites 

selected by the Secretary of Defense within 25 miles of the District 

of Columbia.’’. 

(b) ADMINISTRATION.—Section 2113 of such title is amended— 

(1) in subsection (d)— 

(A) in the first sentence, by striking ‘‘located in or near 

the District of Columbia’’; 

(B) in the third sentence, by striking ‘‘in or near the 

District of Columbia’’; and 


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(C) by striking the fifth sentence; and 

(2) in subsection (e)(3), by inserting after ‘‘programs’’ the 

following: ‘‘, including certificate, certification, and undergraduate degree programs,’’. 

(c) REPEAL OF EXPIRED PROVISION.—Section 2112a of such title 

is amended— 

(1) by striking subsection (b); and 

(2) in subsection (a), by striking ‘‘(a) CLOSURE PROHIBITED.—’’. 

SEC. 725. ADJUSTMENT OF MEDICAL SERVICES, PERSONNEL AUTHORIZED STRENGTHS, AND INFRASTRUCTURE IN MILITARY 

HEALTH SYSTEM TO MAINTAIN READINESS AND CORE 

COMPETENCIES OF HEALTH CARE PROVIDERS. 

(a) IN GENERAL.—Except as provided by subsection (c), not later 

than one year after the date of the enactment of this Act, the Secretary of Defense shall implement measures to maintain the critical 

wartime medical readiness skills and core competencies of health 

care providers within the Armed Forces. 

(b) MEASURES.—The measures under subsection (a) shall include measures under which the Secretary ensures the following: 

(1) Medical services provided through the military health 

system at military medical treatment facilities— 

(A) maintain the critical wartime medical readiness 

skills and core competencies of health care providers within 

the Armed Forces; and 

(B) ensure the medical readiness of the Armed Forces. 

(2) The authorized strengths for military and civilian personnel throughout the military health system— 

(A) maintain the critical wartime medical readiness 

skills and core competencies of health care providers within 

the Armed Forces; and 

(B) ensure the medical readiness of the Armed Forces. 

(3) The infrastructure in the military health system, including infrastructure of military medical treatment facilities— 

(A) maintains the critical wartime medical readiness 

skills and core competencies of health care providers within 

the Armed Forces; and 

(B) ensures the medical readiness of the Armed Forces. 

(4) Any covered beneficiary who may be affected by the 

measures implemented under subsection (a) will be able to receive through the purchased care component of the TRICARE 

program any medical services that will not be available to such 

covered beneficiary at a military medical treatment facility by 

reason of such measures. 

(c) EXCEPTION.—The Secretary is not required to implement 

measures under subsection (a)(1) with respect to military medical 

treatment facilities located in a foreign country if the Secretary determines that providing medical services in addition to the medical 

services described in such subsection is necessary to ensure that covered beneficiaries located in that foreign country have access to a 

similar level of care available to covered beneficiaries located in the 

United States. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘clinical and logistical capabilities’’ means 

those capabilities relating to the provision of health care that 


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are necessary to accomplish operational requirements, including— 

(A) combat casualty care; 

(B) medical response to and treatment of injuries sustained from chemical, biological, radiological, nuclear, or 

explosive incidents; 

(C) diagnosis and treatment of infectious diseases; 

(D) aerospace medicine; 

(E) undersea medicine; 

(F) diagnosis, treatment, and rehabilitation of specialized medical conditions; 

(G) diagnosis and treatment of diseases and injuries 

that are not related to battle; and 

(H) humanitarian assistance. 

(2) The terms ‘‘covered beneficiary’’ and ‘‘TRICARE program’’ have the meanings given those terms in section 1072 of 

title 10, United States Code. 

(3) The term ‘‘critical wartime medical readiness skills and 

core competencies’’ means those essential medical capabilities, 

including clinical and logistical capabilities, that are— 

(A) necessary to be maintained by health care providers 

within the Armed Forces for national security purposes; 

and 

(B) vital to the provision of effective and timely health 

care during contingency operations. 

SEC. 726. PROGRAM TO ELIMINATE VARIABILITY IN HEALTH OUTCOMES AND IMPROVE QUALITY OF HEALTH CARE SERVICES DELIVERED IN MILITARY MEDICAL TREATMENT FACILITIES. 

(a) PROGRAM.—Beginning not later than January 1, 2018, the 

Secretary of Defense shall implement a program— 

(1) to establish best practices for the delivery of health care 

services for certain diseases or conditions at military medical 

treatment facilities, as selected by the Secretary; 

(2) to incorporate such best practices into the daily operations of military medical treatment facilities selected by the 

Secretary for purposes of the program, with priority in selection 

given to facilities that provide specialty care; and 

(3) to eliminate variability in health outcomes and to improve the quality of health care services delivered at military 

medical treatment facilities selected by the Secretary for purposes of the program. 

(b) USE OF CLINICAL PRACTICE GUIDELINES.—In carrying out 

the program under subsection (a), the Secretary shall develop, implement, monitor, and update clinical practice guidelines reflecting 

the best practices established under paragraph (1) of such subsection. 

(c) DEVELOPMENT.—In developing the clinical practice guidelines under subsection (b), the Secretary shall ensure that such development includes a baseline assessment of health care delivery 

and outcomes at military medical treatment facilities to evaluate 

and determine evidence-based best practices, within the direct care 

component of the military health system and the private sector, for 

treating the diseases or conditions selected by the Secretary under 

subsection (a)(1). 


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(d) IMPLEMENTATION.—The Secretary shall implement the clinical practice guidelines under subsection (b) in military medical 

treatment facilities selected by the Secretary under subsection (a)(2) 

using means determined appropriate by the Secretary, including by 

communicating with the relevant health care providers of the evidence upon which the guidelines are based and by providing education and training on the most appropriate implementation of the 

guidelines. 

(e) MONITORING.—The Secretary shall monitor the implementation of the clinical practice guidelines under subsection (b) using appropriate means, including by monitoring the results in clinical outcomes based on specific metrics included as part of the guidelines. 

(f) UPDATING.—The Secretary shall periodically update the clinical practice guidelines under subsection (b) based on the results of 

monitoring conducted under subsection (e) and by continuously assessing evidence-based best practices within the direct care component of the military health system and the private sector. 

(g) CONTINUOUS CYCLE.—The Secretary shall establish a continuous cycle of carrying out subsections (c) through (f) with respect 

to the clinical practice guidelines established under subsection (a). 

SEC. 727. ACQUISITION STRATEGY FOR HEALTH CARE PROFESSIONAL 

STAFFING SERVICES. 

(a) ACQUISITION STRATEGY.— 

(1) IN GENERAL.—The Secretary of Defense shall develop 

and carry out a performance-based, strategic sourcing acquisition strategy with respect to entering into contracts for the services of health care professional staff at military medical treatment facilities located in a State. 

(2) ELEMENTS.—The acquisition strategy under paragraph 

(1) shall include the following: 

(A) Except as provided by subparagraph (B), a requirement that all the military medical treatment facilities that 

provide direct care use contracts described under paragraph (1). 

(B) A process for a military medical treatment facility 

to obtain a waiver of the requirement under subparagraph 

(A) in order to use an acquisition strategy not described in 

paragraph (1). 

(C) Identification of the responsibilities of the military 

departments and the elements of the Department of Defense 

in carrying out such strategy. 

(D) Projection of the demand by covered beneficiaries 

for health care services, including with respect to primary 

care and expanded-hours urgent care services. 

(E) Estimation of the workload gaps at military medical treatment facilities for health care services, including 

with respect to primary care and expanded-hours urgent 

care services. 

(F) Methods to analyze, using reliable and detailed 

data covering the entire direct care component of the military health system, the amount of funds expended on contracts for the services of health care professional staff. 

(G) Methods to identify opportunities to consolidate requirements for such services and reduce cost. 


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(H) Methods to measure cost savings that are realized 

by using such contracts instead of purchased care. 

(I) Metrics to determine the effectiveness of such strategy. 

(J) Metrics to evaluate the success of the strategy in 

achieving its objectives, including metrics to assess the effects of the strategy on the timeliness of beneficiary access 

to professional health care services in military medical 

treatment facilities. 

(K) Such other matters as the Secretary considers appropriate. 

(b) REPORT.—Not later than July 1, 2017, the Secretary shall 

submit to the Committees on Armed Services of the Senate and the 

House of Representatives a report on the status of implementing the 

acquisition strategy under paragraph (1) of subsection (a), including 

how each element under subparagraphs (A) through (K) of paragraph (2) of such subsection is being carried out. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘covered beneficiary’’ has the meaning given 

that term in section 1072 of title 10, United States Code. 

(2) The term ‘‘State’’ means the several States and the District of Columbia. 

(d) CONFORMING REPEAL.—Section 725 of the Carl Levin and 

Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for 

Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 1091 note) is repealed. 

SEC. 728. ADOPTION OF CORE QUALITY PERFORMANCE METRICS. 

(a) ADOPTION.— 

(1) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall adopt, 

to the extent appropriate, the core quality performance metrics 

agreed upon by the Core Quality Measures Collaborative for use 

by the military health system and in contracts awarded to carry 

out the TRICARE program. 

(2) CORE MEASURES.—The core quality performance metrics 

described in paragraph (1) shall include the following sets: 

(A) Accountable care organizations, patient centered 

medical homes, and primary care. 

(B) Cardiology. 

(C) Gastroenterology. 

(D) HIV and hepatitis C. 

(E) Medical oncology. 

(F) Obstetrics and gynecology. 

(G) Orthopedics. 

(H) Such other sets of core quality performance metrics 

released by the Core Quality Measures Collaborative as the 

Secretary considers appropriate. 

(b) PUBLICATION.— 

(1) ONLINE AVAILABILITY.—Section 1073b of title 10, United 

States Code, is amended— 

(A) in paragraph (1)— 

(i) by striking ‘‘Not later than’’ and all that follows 

through ‘‘2016, the Secretary’’ and inserting ‘‘The Secretary’’; and 


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(ii) by adding at the end the following new sentence: ‘‘Such data shall include the core quality performance metrics adopted by the Secretary under section 728 of the National Defense Authorization Act for 

Fiscal Year 2017.’’; and 

(B) in the section heading, by inserting ‘‘and publication of certain data’’ after ‘‘reports’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 55 of title 10, United States Code, is amended by striking the item relating to section 1073b and inserting 

the following: 

‘‘1073b. Recurring reports and publication of certain data.’’. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘Core Quality Measures Collaborative’’ means 

the collaboration between the Centers for Medicare & Medicaid 

Services, major health insurance companies, national physician 

organizations, and other entities to reach consensus on core performance measures reported by health care providers. 

(2) The term ‘‘TRICARE program’’ has the meaning given 

that term in section 1072 of title 10, United States Code. 

SEC. 729. IMPROVEMENT OF HEALTH OUTCOMES AND CONTROL OF 

COSTS OF HEALTH CARE UNDER TRICARE PROGRAM 

THROUGH PROGRAMS TO INVOLVE COVERED BENEFICIARIES. 

(a) MEDICAL INTERVENTION INCENTIVE PROGRAM.— 

(1) IN GENERAL.—The Secretary of Defense shall establish 

a program to incentivize covered beneficiaries to participate in 

medical intervention programs established by the Secretary, 

such as comprehensive disease management programs, that 

may include lowering fees for enrollment in the TRICARE program by a certain percentage or lowering copayment and costshare amounts for health care services during a particular year 

for covered beneficiaries with chronic diseases or conditions described in paragraph (2) who met participation milestones, as 

determined by the Secretary, in the previous year in such medical intervention programs. 

(2) CHRONIC DISEASES OR CONDITIONS DESCRIBED.—Chronic diseases or conditions described in this paragraph may include diabetes, chronic obstructive pulmonary disease, asthma, 

congestive heart failure, hypertension, history of stroke, coronary artery disease, mood disorders, obesity, and such other 

diseases or conditions as the Secretary determines appropriate. 

(b) LIFESTYLE INTERVENTION INCENTIVE PROGRAM.—The Secretary shall establish a program to incentivize lifestyle interventions 

for covered beneficiaries, such as smoking cessation and weight reduction, that may include lowering fees for enrollment in the 

TRICARE program by a certain percentage or lowering copayment 

and cost share amounts for health care services during a particular 

year for covered beneficiaries who met participation milestones, as 

determined by the Secretary, in the previous year with respect to 

such lifestyle interventions, such as quitting smoking or achieving 

a lower body mass index by a certain percentage. 

(c) HEALTHY LIFESTYLE MAINTENANCE INCENTIVE PROGRAM.— The Secretary shall establish a program to incentivize the maintenance of a healthy lifestyle among covered beneficiaries, such as exVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 00279 Fmt 6659 Sfmt 6603 E:\HR\OC\HR840.XXX HR840

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ercise and weight maintenance, that may include lowering fees for 

enrollment in the TRICARE program by a certain percentage or 

lowering copayment and cost-share amounts for health care services 

during a particular year for covered beneficiaries who met participation milestones, as determined by the Secretary, in the previous 

year with respect to the maintenance of a healthy lifestyle, such as 

maintaining smoking cessation or maintaining a normal body mass 

index. 

(d) REPORT.— (1) IN GENERAL.—Not later than January 1, 2020, the Secretary shall submit to the Committees on Armed Services of the 

Senate and the House of Representatives a report on the implementation of the programs established under subsections (a), 

(b), and (c). 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include the following: 

(A) A detailed description of the programs implemented 

under subsections (a), (b), and (c). 

(B) An assessment of the impact of such programs on— 

(i) improving health outcomes for covered beneficiaries; and 

(ii) lowering per capita health care costs for the 

Department of Defense. 

(e) REGULATIONS.—Not later than January 1, 2018, the Secretary shall prescribe an interim final rule to carry out this section. 

(f) DEFINITIONS.—In this section, the terms ‘‘covered beneficiary’’ and ‘‘TRICARE program’’ have the meaning given those 

terms in section 1072 of title 10, United States Code. 

SEC. 730. ACCOUNTABILITY FOR THE PERFORMANCE OF THE MILITARY HEALTH SYSTEM OF CERTAIN LEADERS WITHIN THE 

SYSTEM. 

(a) IN GENERAL.—Commencing not later than 180 days after 

the date of the enactment of this Act, the Secretary of Defense, in 

consultation with the Secretaries of the military departments, shall 

incorporate into the annual performance review of each military 

and civilian leader in the military health system, as determined by 

the Secretary of Defense, measures of accountability for the performance of the military health system described in subsection (b). 

(b) MEASURES OF ACCOUNTABILITY FOR PERFORMANCE.—The 

measures of accountability for the performance of the military 

health system incorporated into the annual performance review of 

an individual pursuant to this section shall include measures to assess performance and assure accountability for the following: 

(1) Quality of care. 

(2) Access of beneficiaries to care. 

(3) Improvement in health outcomes for beneficiaries. 

(4) Patient safety. 

(5) Such other matters as the Secretary of Defense, in consultation with the Secretaries of the military departments, considers appropriate. 

(c) REPORT ON IMPLEMENTATION.— (1) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall submit 

to the Committees on Armed Services of the Senate and the 

House of Representatives a report on the incorporation of measVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 00280 Fmt 6659 Sfmt 6603 E:\HR\OC\HR840.XXX HR840

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ures of accountability for the performance of the military health 

system into the annual performance reviews of individuals as 

required by this section. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include the following: 

(A) A comprehensive plan for the use of measures of accountability for performance in annual performance reviews pursuant to this section as a means of assessing and 

assuring accountability for the performance of the military 

health system. 

(B) The identification of each leadership position in the 

military health system determined under subsection (a) and 

a description of the specific measures of accountability for 

performance to be incorporated into the annual performance reviews of each such position pursuant to this section. 

SEC. 731. ESTABLISHMENT OF ADVISORY COMMITTEES FOR MILITARY 

TREATMENT FACILITIES. 

(a) IN GENERAL.—The Secretary of Defense shall establish, 

under such regulations as the Secretary may prescribe, an advisory 

committee for each military treatment facility. 

(b) STATUS OF CERTAIN MEMBERS OF ADVISORY COMMITTEES.— 

A member of an advisory committee established under subsection (a) 

who is not a member of the Armed Forces on active duty or an employee of the Federal Government shall, with the approval of the 

commanding officer or director of the military treatment facility 

concerned, be treated as a volunteer under section 1588 of title 10, 

United States Code, in carrying out the duties of the member under 

this section. 

(c) DUTIES.—Each advisory committee established under subsection (a) for a military treatment facility shall provide to the commanding officer or director of such facility advice on the administration and activities of such facility as it relates to the experience 

of care for beneficiaries at such facility. 

Subtitle D—Reports and Other Matters 

SEC. 741. EXTENSION OF AUTHORITY FOR JOINT DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY DEMONSTRATION FUND AND REPORT ON IMPLEMENTATION OF INFORMATION TECHNOLOGY CAPABILITIES. 

(a) IN GENERAL.—Section 1704(e) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 

2573), as amended by section 722 of the Carl Levin and Howard P. 

‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 

2015 (Public Law 113–291) and section 723 of the National Defense 

Authorization Act for Fiscal Year 2016 (Public Law 114–92), is further amended by striking ‘‘September 30, 2017’’ and inserting ‘‘September 30, 2018’’. 

(b) REPORT ON IMPLEMENTATION OF INFORMATION TECHNOLOGY

CAPABILITIES.—Not later than March 30, 2017, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on plans to implement 

all information technology capabilities required by the executive 

agreement entered into under section 1701(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 


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123 Stat. 2567) that remain unimplemented as of the date of the report. 

SEC. 742. PILOT PROGRAM ON EXPANSION OF USE OF PHYSICIAN ASSISTANTS TO PROVIDE MENTAL HEALTH CARE TO MEMBERS OF THE ARMED FORCES. 

(a) IN GENERAL.—The Secretary of Defense may conduct a pilot 

program to assess the feasibility and advisability of expanding the 

use by the Department of Defense of physician assistants specializing in psychiatric medicine at medical facilities of the Department 

of Defense in order to meet the increasing demand for mental health 

care providers at such facilities through the use of a psychiatry fellowship program for physician assistants. 

(b) REPORT ON PILOT PROGRAM.— 

(1) IN GENERAL.—If the Secretary conducts the pilot program under this section, not later than 90 days after the date 

on which the Secretary completes the conduct of the pilot program, the Secretary shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives a report 

on the pilot program. 

(2) ELEMENTS.—The report submitted under paragraph (1) 

shall include the following: 

(A) A description of the implementation of the pilot program, including a detailed description of the education and 

training provided under the pilot program. 

(B) An assessment of potential cost savings, if any, to 

the Department of Defense resulting from the pilot program. 

(C) A description of improvements, if any, to the access 

of members of the Armed Forces to mental health care resulting from the pilot program. 

(D) A recommendation as to the feasibility and advisability of extending or expanding the pilot program. 

SEC. 743. PILOT PROGRAM FOR PRESCRIPTION DRUG ACQUISITION 

COST PARITY IN THE TRICARE PHARMACY BENEFITS PROGRAM. 

(a) AUTHORITY TO ESTABLISH PILOT PROGRAM.—The Secretary 

of Defense may conduct a pilot program to evaluate whether, in carrying out the TRICARE pharmacy benefits program under section 

1074g of title 10, United States Code, extending additional discounts for prescription drugs filled at retail pharmacies will maintain or reduce prescription drug costs for the Department of Defense. 

(b) ELEMENTS OF PILOT PROGRAM.—In carrying out the pilot 

program under subsection (a), the Secretary shall require that for 

prescription medications, including non-generic maintenance medications, that are dispensed to TRICARE beneficiaries that are not 

Medicare eligible, through any TRICARE participating retail pharmacy, including small business pharmacies, manufacturers shall 

pay rebates such that those medications are available to the Department at the lowest rate available. In addition to utilizing the authority under section 1074g(f) of title 10, United States Code, the 

Secretary shall have the authority to enter into a blanket purchase 

agreement with prescription drug manufacturers for supplemental 

discounts for prescription drugs dispensed in the pilot to be paid in 

the form of manufacturer’s rebates. 


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(c) CONSULTATION.—The Secretary shall develop the pilot program in consultation with— 

(1) the Secretaries of the military departments; 

(2) the Chief of the Pharmacy Operations Division of the 

Defense Health Agency; and 

(3) stakeholders, including TRICARE beneficiaries and retail pharmacies. 

(d) DURATION OF PILOT PROGRAM.—If the Secretary carries out 

the pilot program under subsection (a), the Secretary shall commence such pilot program no later than October 1, 2017, and shall 

terminate such program no later than September 30, 2018. 

(e) REPORTS.—If the Secretary carries out the pilot program 

under subsection (a), the Secretary of Defense shall submit to the 

Committees on Armed Services of the Senate and the House of Representatives reports on the pilot program as follows: 

(1) Not later than 90 days after the date of the enactment 

of this Act, a report containing an implementation plan for the 

pilot program. 

(2) Not later than 180 days after the date on which the 

pilot program commences, an interim report on the pilot program. 

(3) Not later than 90 days after the date on which the pilot 

program terminates, a final report describing the results of the 

pilot program, including— 

(A) any recommendations of the Secretary to expand 

such program; 

(B) an analysis of the changes in prescription drug 

costs for the Department of Defense relating to the pilot program; 

(C) an analysis of the impact on beneficiary access to 

prescription drugs; 

(D) a survey of beneficiary satisfaction with the pilot 

program; and 

(E) a summary of any fraud and abuse activities related to the pilot and actions taken in response by the Department. 

SEC. 744. PILOT PROGRAM ON DISPLAY OF WAIT TIMES AT URGENT 

CARE CLINICS AND PHARMACIES OF MILITARY MEDICAL 

TREATMENT FACILITIES. 

(a) PILOT PROGRAM AUTHORIZED.—Beginning not later than 

one year after the date of the enactment of this Act, the Secretary 

of Defense shall carry out a pilot program for the display of wait 

times in urgent care clinics and pharmacies of military medical 

treatment facilities selected under subsection (b). 

(b) SELECTION OF FACILITIES.— 

(1) CATEGORIES.—The Secretary shall select not fewer than 

four military medical treatment facilities from each of the following categories to participate in the pilot program: 

(A) Medical centers. 

(B) Hospitals. 

(C) Ambulatory care centers. 

(2) OCONUS LOCATIONS.—Of the military medical treatment facilities selected under each category described in subparagraphs (A) through (C) of paragraph (1), not fewer than 

one shall be located outside of the continental United States. 


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(3) CONTRACTOR-OPERATED FACILITIES.—The Secretary may 

select Government-owned, contractor-operated facilities among 

those military medical treatment facilities selected under paragraph (1). 

(c) URGENT CARE CLINICS.— 

(1) PLACEMENT.—With respect to each military medical 

treatment facility participating in the pilot program with an urgent care clinic, the Secretary shall place in a conspicuous location at the urgent care clinic an electronic sign that displays the 

current average wait time determined under paragraph (2) for 

a patient to be seen by a qualified medical professional. 

(2) DETERMINATION.—In carrying out paragraph (1), every 

30 minutes, the Secretary shall determine the average wait time 

to display under such paragraph by calculating, for the fourhour period preceding the calculation, the average length of 

time beginning at the time of the arrival of a patient at the urgent care clinic and ending at the time at which the patient is 

first seen by a qualified medical professional. 

(d) PHARMACIES.— 

(1) PLACEMENT.—With respect to each military medical 

treatment facility participating in the pilot program with a 

pharmacy, the Secretary shall place in a conspicuous location 

at the pharmacy an electronic sign that displays the current average wait time to receive a filled prescription for a pharmaceutical agent. 

(2) DETERMINATION.—In carrying out paragraph (1), every 

30 minutes, the Secretary shall determine the average wait time 

to display under such paragraph by calculating, for the fourhour period preceding the calculation, the average length of 

time beginning at the time of submission by a patient of a prescription for a pharmaceutical agent and ending at the time at 

which the pharmacy dispenses the pharmaceutical agent to the 

patient. 

(e) DURATION.—The Secretary shall carry out the pilot program 

for a period that is not more than two years. 

(f) REPORT.— 

(1) SUBMISSION.—Not later than 90 days after the completion of the pilot program, the Secretary shall submit to the 

Committees on Armed Services of the House of Representatives 

and the Senate a report on the pilot program. 

(2) ELEMENTS.—The report under paragraph (1) shall include— 

(A) the costs for displaying the wait times under subsections (c) and (d); 

(B) any changes in patient satisfaction; 

(C) any changes in patient behavior with respect to 

using urgent care and pharmacy services; 

(D) any changes in pharmacy operations and productivity; 

(E) a cost-benefit analysis of posting such wait times; 

and 

(F) the feasibility of expanding the posting of wait 

times in emergency departments in military medical treatment facilities. 


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(g) QUALIFIED MEDICAL PROFESSIONAL DEFINED.—In this section, the term ‘‘qualified medical professional’’ means a doctor of 

medicine, a doctor of osteopathy, a physician assistant, or an advanced registered nurse practitioner. 

SEC. 745. REQUIREMENT TO REVIEW AND MONITOR PRESCRIBING 

PRACTICES AT MILITARY TREATMENT FACILITIES OF 

PHARMACEUTICAL AGENTS FOR TREATMENT OF POSTTRAUMATIC STRESS. 

(a) IN GENERAL.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense shall— 

(1) conduct a comprehensive review of the prescribing practices at military treatment facilities of pharmaceutical agents 

for the treatment of post-traumatic stress; 

(2) implement a process or processes to monitor the prescribing practices at military treatment facilities of pharmaceutical agents that are discouraged from use under the VA/ 

DOD Clinical Practice Guideline for Management of Post-Traumatic Stress; and 

(3) implement a plan to address any deviations from such 

guideline in prescribing practices of pharmaceutical agents for 

management of post-traumatic stress at such facilities. 

(b) PHARMACEUTICAL AGENT DEFINED.—In this section, the 

term ‘‘pharmaceutical agent’’ has the meaning given that term in 

section 1074g(g) of title 10, United States Code. 

SEC. 746. DEPARTMENT OF DEFENSE STUDY ON PREVENTING THE DIVERSION OF OPIOID MEDICATIONS. 

(a) STUDY.—The Secretary of Defense shall conduct a study on 

the feasibility and effectiveness in preventing the diversion of opioid 

medications of the following measures: 

(1) Requiring that, in appropriate cases, opioid medications 

be dispensed in vials using affordable technologies designed to 

prevent access to the medications by anyone other than the intended patient, such as a vial with a locking-cap closure mechanism. 

(2) Providing education on the risks of opioid medications 

to individuals for whom such medications are prescribed, and 

to their families, with special consideration given to raising 

awareness among adolescents on such risks. 

(b) BRIEFING.— 

(1) IN GENERAL.—Not later than one year after the date of 

the enactment of this Act, the Secretary shall provide to the 

Committees on Armed Services of the Senate and the House of 

Representatives a briefing on the results of the study conducted 

under subsection (a). 

(2) ELEMENTS.—The briefing under paragraph (1) shall include an assessment of the cost effectiveness of the measures 

studied under subsection (a). 

SEC. 747. INCORPORATION INTO SURVEY BY DEPARTMENT OF DEFENSE OF QUESTIONS ON EXPERIENCES OF MEMBERS OF 

THE ARMED FORCES WITH FAMILY PLANNING SERVICES 

AND COUNSELING. 

Not later than 90 days after the date of the enactment of this 

Act, the Secretary of Defense shall initiate action to integrate into 

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sonnel questions designed to obtain information on the experiences 

of members of the Armed Forces— 

(1) in accessing family planning services and counseling; 

and 

(2) in using family planning methods, including information on which method was preferred and whether deployment 

conditions affected the decision on which family planning method or methods to be used. 

SEC. 748. 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. 

(a) ASSESSMENT OF TRANSITION TO TRICARE PROGRAM.— 

(1) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall complete an assessment of the extent to which families of members 

of the reserve components of the Armed Forces serving on active 

duty pursuant to a call or order to active duty for a period of 

more than 30 days experience difficulties in transitioning from 

health care arrangements relied upon when the member is not 

in such an active duty status to health care benefits under the 

TRICARE program. 

(2) ELEMENTS.—The assessment under paragraph (1) shall 

address the following: 

(A) The extent to which family members of members of 

the reserve components of the Armed Forces are required to 

change health care providers when they become eligible for 

health care benefits under the TRICARE program. 

(B) The extent to which health care providers in the 

private sector with whom such family members have established relationships when not covered under the TRICARE 

program are providers who— 

(i) are in a preferred provider network under the 

TRICARE program; 

(ii) are participating providers under the 

TRICARE program; or 

(iii) will agree to treat covered beneficiaries at a 

rate not to exceed 115 percent of the maximum allowable charge under the TRICARE program. 

(C) The extent to which such family members encounter 

difficulties associated with a change in health care claims 

administration, health care authorizations, or other administrative matters when transitioning to health care benefits 

under the TRICARE program. 

(D) Any particular reasons for, or circumstances that 

explain, the conditions described in subparagraphs (A), (B), 

and (C). 

(E) The effects of the conditions described in subparagraphs (A), (B), and (C) on the health care experience of 

such family members. 

(F) Recommendations for changes in policies and procedures under the TRICARE program, or other administrative action by the Secretary, to remedy or mitigate difficulties faced by such family members in transitioning to 

health care benefits under the TRICARE program. 


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(G) Recommendations for legislative action to remedy 

or mitigate such difficulties. 

(H) Such other matters as the Secretary determines relevant to the assessment. 

(3) REPORT.— (A) IN GENERAL.—Not later than 180 days after completing the assessment under paragraph (1), the Secretary 

shall submit to the Committees on Armed Services of the 

Senate and the House of Representatives a report detailing 

the results of the assessment. 

(B) ANALYSIS OF RECOMMENDATIONS.—The report required by subparagraph (A) shall include an analysis of 

each recommendation for legislative action addressed under 

paragraph (2)(G), together with a cost estimate for implementing each such action. 

(b) EXPANSION OF AUTHORITY TO ELIMINATE BALANCE BILL- ING.—Section 1079(h)(4)(C)(ii) of title 10, United States Code, is 

amended by striking ‘‘in support of a contingency operation under 

a provision of law referred to in section 101(a)(13)(B) of this title’’. 

(c) DEFINITIONS.—In this section, the terms ‘‘covered beneficiary’’ and ‘‘TRICARE program’’ have the meanings given those 

terms in section 1072 of title 10, United States Code. 

SEC. 749. OVERSIGHT OF GRADUATE MEDICAL EDUCATION PROGRAMS 

OF MILITARY DEPARTMENTS. 

(a) PROCESS.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish and implement a process to provide oversight of the graduate medical education programs of the military departments to ensure that such 

programs fully support the operational medical force readiness requirements for health care providers of the Armed Forces and the 

medical readiness of the Armed Forces. The process shall include 

the following: 

(1) A process to review such programs to ensure, to the extent practicable, that such programs are— 

(A) conducted jointly among the military departments; 

and 

(B) focused on, and related to, operational medical 

force readiness requirements. 

(2) A process to minimize duplicative programs relating to 

such programs among the military departments. 

(3) A process to ensure that— 

(A) assignments of faculty, support staff, and students 

within such programs are coordinated among the military 

departments; and 

(B) the Secretary optimizes resources by using military 

medical treatment facilities as training platforms when 

and where most appropriate. 

(4) A process to review and, if necessary, restructure or realign, such programs to sustain and improve operational medical force readiness. 

(b) REPORT.—Not later than 30 days after the date on which the 

Secretary establishes the process under subsection (a), the Secretary 

shall submit to the Committees on Armed Services of the Senate and 

the House of Representatives a report that describes such process. 

The report shall include a description of each graduate medical 


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education program of the military departments, categorized by the 

following: 

(1) Programs that provide direct support to operational 

medical force readiness. 

(2) Programs that provide indirect support to operational 

medical force readiness. 

(3) Academic programs that provide other medical support. 

(c) COMPTROLLER GENERAL REVIEW AND REPORT.— 

(1) REVIEW.—The Comptroller General of the United States 

shall conduct a review of the process established under subsection (a), including with respect to each process described in 

paragraphs (1) through (4) of such subsection. 

(2) REPORT.—Not later than 180 days after the date on 

which the Secretary submits the report under subsection (b), the 

Comptroller General shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives the review conducted under paragraph (1), including an assessment 

of the elements of the process established under subsection (a). 

SEC. 750. STUDY ON HEALTH OF HELICOPTER AND TILTROTOR PILOTS. 

(a) STUDY REQUIRED.—The Secretary of Defense shall carry out 

a study of career helicopter and tiltrotor pilots to assess potential 

links between the operation of helicopter and tiltrotor aircraft and 

acute and chronic medical conditions experienced by such pilots. 

(b) ELEMENTS.—The study under subsection (a) shall include 

the following: 

(1) A study of career helicopter and tiltrotor pilots compared to a control population that— 

(A) takes into account the amount of time such pilots 

operated aircraft; 

(B) examines the severity and rates of acute and chronic injuries experienced by such pilots; and 

(C) determines whether such pilots experience a higher 

degree of acute and chronic medical conditions than the 

control population. 

(2) If a higher degree of acute and chronic medical conditions is observed among such pilots, an explanation of— 

(A) the specific causes of the conditions (such as whole 

body vibration, seat and cockpit ergonomics, landing loads, 

hard impacts, and pilot-worn gear); and 

(B) any costs associated with treating the conditions if 

the causes are not mitigated. 

(3) A review of relevant scientific literature and prior research. 

(4) Such other information as the Secretary determines to 

be appropriate. 

(c) DURATION.—The duration of the study under subsection (a) 

shall be not more than two years. 

(d) REPORT.—Not later than 30 days after the completion of the 

study under subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the study. 


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SEC. 751. COMPTROLLER GENERAL REPORTS ON HEALTH CARE DELIVERY AND WASTE IN MILITARY HEALTH SYSTEM. 

(a) IN GENERAL.—Not later than one year after the date of the 

enactment of this Act, and not less frequently than once each year 

thereafter for four years, the Comptroller General of the United 

States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report assessing the delivery 

of health care in the military health system, with an emphasis on 

identifying potential waste and inefficiency. 

(b) ELEMENTS.— (1) IN GENERAL.—The reports submitted under subsection 

(a) shall, within the direct and purchased care components of 

the military health system, evaluate the following: 

(A) Processes for ensuring that health care providers 

adhere to clinical practice guidelines. 

(B) Processes for reporting and resolving adverse medical events. 

(C) Processes for ensuring program integrity by identifying and resolving medical fraud and waste. 

(D) Processes for coordinating care within and between 

the direct and purchased care components of the military 

health system. 

(E) Procedures for administering the TRICARE program. 

(F) Processes for assessing and overseeing the efficiency 

of clinical operations of military hospitals and clinics, including access to care for covered beneficiaries at such facilities. 

(2) ADDITIONAL INFORMATION.—The reports submitted 

under subsection (a) may include, if the Comptroller General 

considers feasible— 

(A) an estimate of the costs to the Department of Defense relating to any waste or inefficiency identified in the 

report; and 

(B) such recommendations for action by the Secretary 

of Defense as the Comptroller General considers appropriate, including eliminating waste and inefficiency in the 

direct and purchased care components of the military 

health system. 

(c) DEFINITIONS.—In this section, the terms ‘‘covered beneficiary’’ and ‘‘TRICARE program’’ have the meaning given those 

terms in section 1072 of title 10, United States Code. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 

RELATED MATTERS 

Subtitle A—Acquisition Policy and 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. Modernization of services acquisition. 

Sec. 804. Defense Modernization Account amendments. 

Subtitle B—Department of Defense Acquisition Agility 

Sec. 805. Modular open system approach in development of major weapon systems. 

Sec. 806. Development, prototyping, and deployment of weapon system components 

or technology. 

Sec. 807. Cost, schedule, and performance of major defense acquisition programs. 


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Sec. 808. Transparency in major defense acquisition programs. 

Sec. 809. Amendments relating to technical data rights. 

Subtitle C—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

Sec. 811. Modified restrictions on undefinitized contractual actions. 

Sec. 812. Amendments relating to inventory and tracking of purchases of services. 

Sec. 813. Use of lowest price technically acceptable source selection process. 

Sec. 814. Procurement of personal protective equipment. 

Sec. 815. Amendments related to detection and avoidance of counterfeit electronic 

parts. 

Sec. 816. Amendments to special emergency procurement authority. 

Sec. 817. Compliance with domestic source requirements for footwear furnished to 

enlisted members of the Armed Forces upon their initial entry into the 

Armed Forces. 

Sec. 818. Extension of authority for enhanced transfer of technology developed at Department of Defense laboratories. 

Sec. 819. Modified notification requirement for exercise of waiver authority to acquire vital national security capabilities. 

Sec. 820. Defense cost accounting standards. 

Sec. 821. Increased micro-purchase threshold applicable to Department of Defense 

procurements. 

Sec. 822. Enhanced competition requirements. 

Sec. 823. Revision to effective date of senior executive benchmark compensation for 

allowable cost limitations. 

Sec. 824. Treatment of independent research and development costs on certain contracts. 

Sec. 825. 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. 826. Extension of program for comprehensive small business contracting plans. 

Sec. 827. 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. 828. Defense Acquisition Challenge Program amendments. 

Sec. 829. Preference for fixed-price contracts. 

Sec. 830. Requirement to use firm fixed-price contracts for foreign military sales. 

Sec. 831. Preference for performance-based contract payments. 

Sec. 832. Contractor incentives to achieve savings and improve mission performance. 

Sec. 833. Sunset and repeal of certain contracting provisions. 

Sec. 834. Flexibility in contracting award program. 

Sec. 835. Protection of task order competition. 

Sec. 836. Contract closeout authority. 

Sec. 837. Closeout of old Department of the Navy contracts. 

Subtitle D—Provisions Relating to Major Defense Acquisition Programs 

Sec. 841. Change in date of submission to Congress of Selected Acquisition Reports. 

Sec. 842. Amendments relating to independent cost estimation and cost analysis. 

Sec. 843. Revisions to Milestone B determinations. 

Sec. 844. Review and report on sustainment planning in the acquisition process. 

Sec. 845. Revision to distribution of annual report on operational test and evaluation. 

Sec. 846. Repeal of major automated information systems provisions. 

Sec. 847. Revisions to definition of major defense acquisition program. 

Sec. 848. Acquisition strategy. 

Sec. 849. Improved life-cycle cost control. 

Sec. 850. Authority to designate increments or blocks of items delivered under major 

defense acquisition programs as major subprograms for purposes of acquisition reporting. 

Sec. 851. Reporting of small business participation on Department of Defense programs. 

Sec. 852. Waiver of congressional notification for acquisition of tactical missiles and 

munitions greater than quantity specified in law. 

Sec. 853. Multiple program multiyear contract pilot demonstration program. 

Sec. 854. Key performance parameter reduction pilot program. 

Sec. 855. Mission integration management. 


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Subtitle E—Provisions Relating to Acquisition Workforce 

Sec. 861. Project management. 

Sec. 862. Authority to waive tenure requirement for program managers for program 

definition and program execution periods. 

Sec. 863. Purposes for which the Department of Defense Acquisition Workforce Development Fund may be used; advisory panel amendments. 

Sec. 864. Department of Defense Acquisition Workforce Development Fund determination adjustment. 

Sec. 865. Limitations on funds used for staff augmentation contracts at management headquarters of the Department of Defense and the military departments. 

Sec. 866. Senior Military Acquisition Advisors in the Defense Acquisition Corps. 

Sec. 867. Authority of the Secretary of Defense under the acquisition demonstration 

project. 

Subtitle F—Provisions Relating to Commercial Items 

Sec. 871. Market research for determination of price reasonableness in acquisition 

of commercial items. 

Sec. 872. Value analysis for the determination of price reasonableness. 

Sec. 873. Clarification of requirements relating to commercial item determinations. 

Sec. 874. Inapplicability of certain laws and regulations to the acquisition of commercial items and commercially available off-the-shelf items. 

Sec. 875. Use of commercial or non-Government standards in lieu of military specifications and standards. 

Sec. 876. Preference for commercial services. 

Sec. 877. Treatment of commingled items purchased by contractors as commercial 

items. 

Sec. 878. Treatment of services provided by nontraditional contractors as commercial items. 

Sec. 879. Defense pilot program for authority to acquire innovative commercial 

items, technologies, and services using general solicitation competitive 

procedures. 

Sec. 880. Pilot programs for authority to acquire innovative commercial items using 

general solicitation competitive procedures. 

Subtitle G—Industrial Base Matters 

Sec. 881. Greater integration of the national technology and industrial base. 

Sec. 882. Integration of civil and military roles in attaining national technology and 

industrial base objectives. 

Sec. 883. Pilot program for distribution support and services for weapon systems 

contractors. 

Sec. 884. Nontraditional and small contractor innovation prototyping program. 

Subtitle H—Other Matters 

Sec. 885. Report on bid protests. 

Sec. 886. Review and report on indefinite delivery contracts. 

Sec. 887. Review and report on contractual flow-down provisions. 

Sec. 888. Requirement and review relating to use of brand names or brand-name or 

equivalent descriptions in solicitations. 

Sec. 889. Inclusion of information on common grounds for sustaining bid protests 

in annual Government Accountability Office reports to Congress. 

Sec. 890. Study and report on contracts awarded to minority-owned and womenowned businesses. 

Sec. 891. Authority to provide reimbursable auditing services to certain non-Defense 

Agencies. 

Sec. 892. Selection of service providers for auditing services and audit readiness 

services. 

Sec. 893. Amendments to contractor business system requirements. 

Sec. 894. Improved management practices to reduce cost and improve performance 

of certain Department of Defense organizations. 

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. Rapid prototyping funds for the military departments. 


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Sec. 898. Establishment of Panel on Department of Defense and AbilityOne Contracting Oversight, Accountability, and Integrity; Defense Acquisition 

University training. 

Sec. 899. Coast Guard major acquisition programs. 

Sec. 899A. Enhanced authority to acquire products and services produced in Africa 

in support of certain activities. 

Subtitle A—Acquisition Policy and Management 

SEC. 801. RAPID ACQUISITION AUTHORITY AMENDMENTS. 

Section 806 of the Bob Stump National Defense Authorization 

Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2302 note) 

is amended— 

(1) in subsection (a)(1)— 

(A) in subparagraph (A), by striking ‘‘; or’’ and inserting a semicolon; 

(B) in subparagraph (B), by striking ‘‘; and’’ and inserting ‘‘; or’’; and 

(C) by adding at the end the following new subparagraph: 

‘‘(C) developed or procured under the rapid fielding or 

rapid prototyping acquisition pathways under section 804 of the 

National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note); and’’; 

(2) in subsection (b), by adding at the end the following 

new paragraph: 

‘‘(3) Specific procedures in accordance with the guidance 

developed under section 804(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 

2302 note).’’; and 

(3) in subsection (c)— 

(A) in paragraph (2)(A)— 

(i) by striking ‘‘Whenever the Secretary’’ and inserting ‘‘(i) Except as provided under clause (ii), whenever 

the Secretary’’; and 

(ii) by adding at the end the following new clause: 

‘‘(ii) Clause (i) does not apply to acquisitions initiated in 

the case of a determination by the Secretary that funds are necessary to immediately initiate a project under the rapid fielding 

or rapid prototyping acquisition pathways under section 804 of 

the National Defense Authorization Act for Fiscal Year 2016 

(Public Law 114–92; 10 U.S.C. 2302 note) if the designated official for acquisitions using such pathways is the service acquisition executive.’’; 

(B) in paragraph (3)— 

(i) in subparagraph (A), by inserting ‘‘or upon the 

Secretary making a determination that funds are necessary to immediately initiate a project under the rapid 

fielding or rapid prototyping acquisition pathways 

under section 804 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 

U.S.C. 2302 note) based on a compelling national security need,’’ after ‘‘of paragraph (1),’’; 

(ii) in subparagraph (B)— 

(I) by striking ‘‘The authority’’ and inserting 

‘‘Except as provided under subparagraph (C), the 

authority’’; 


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(II) in clause (ii), by striking ‘‘; and’’ and inserting a semicolon; 

(III) in clause (iii), by striking the period at 

the end and inserting ‘‘; and’’; and 

(IV) by adding at the end the following new 

clause: 

‘‘(iv) in the case of a determination by the Secretary 

that funds are necessary to immediately initiate a project 

under the rapid fielding or rapid prototyping acquisition 

pathways under section 804 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 

10 U.S.C. 2302 note), in an amount not more than 

$200,000,000 during any fiscal year.’’; and 

(iii) by adding at the end the following new subparagraph: 

‘‘(C) For each of fiscal years 2017 and 2018, the limits set 

forth in clauses (i) and (ii) of subparagraph (B) do not apply 

to the exercise of authority under such clauses provided that the 

total amount of supplies and associated support services acquired as provided under such subparagraph does not exceed 

$800,000,000 during such fiscal year.’’; 

(C) in paragraph (4)— 

(i) by redesignating subparagraphs (C), (D), and 

(E) as subparagraphs (D), (E), and (F), respectively; 

and 

(ii) by inserting after subparagraph (B) the following new subparagraph: 

‘‘(C) In the case of a determination by the Secretary under 

paragraph (3)(A) that funds are necessary to immediately initiate a project under the rapid fielding or rapid prototyping acquisition pathways under section 804 of the National Defense 

Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 

U.S.C. 2302 note), the Secretary shall notify the congressional 

defense committees of the determination within 10 days after 

the date of the use of such funds.’’; and 

(D) in paragraph (5)— 

(i) by striking ‘‘Any acquisition’’ and inserting ‘‘(A) 

Any acquisition’’; and 

(ii) by adding at the end the following new subparagraph: 

‘‘(B) Subparagraph (A) does not apply to acquisitions initiated in the case of a determination by the Secretary that funds 

are necessary to immediately initiate a project under the rapid 

fielding or rapid prototyping acquisition pathways under section 804 of the National Defense Authorization Act for Fiscal 

Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note).’’. 

SEC. 802. AUTHORITY FOR TEMPORARY SERVICE OF PRINCIPAL MILITARY DEPUTIES TO THE ASSISTANT SECRETARIES OF THE 

MILITARY DEPARTMENTS FOR ACQUISITION AS ACTING 

ASSISTANT SECRETARIES. 

(a) ASSISTANT SECRETARY OF THE ARMY FOR ACQUISITION, LOGISTICS, AND TECHNOLOGY.—Section 3016(b)(5)(B) of title 10, 

United States Code, is amended by adding at the end the following 

new sentence: ‘‘In the event of a vacancy in the position of Assistant 

Secretary of the Army for Acquisition, Logistics, and Technology, 


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the Principal Military Deputy may serve as Acting Assistant Secretary for a period of not more than one year.’’. 

(b) ASSISTANT SECRETARY OF THE NAVY FOR RESEARCH, DEVELOPMENT, AND ACQUISITION.—Section 5016(b)(4)(B) of such title is 

amended by adding at the end the following new sentence: ‘‘In the 

event of a vacancy in the position of Assistant Secretary of the Navy 

for Research, Development, and Acquisition, the Principal Military 

Deputy may serve as Acting Assistant Secretary for a period of not 

more than one year.’’. 

(c) ASSISTANT SECRETARY OF THE AIR FORCE FOR ACQUISITION.—Section 8016(b)(4)(B) of such title is amended by adding at 

the end the following new sentence: ‘‘In the event of a vacancy in the 

position of Assistant Secretary of the Air Force for Acquisition, the 

Principal Military Deputy may serve as Acting Assistant Secretary 

for a period of not more than one year.’’. 

SEC. 803. MODERNIZATION OF SERVICES ACQUISITION. 

(a) REVIEW OF SERVICES ACQUISITION CATEGORIES.—Not later 

than 180 days after the date of the enactment of this Act, the Secretary of Defense shall review and, if necessary, revise Department 

of Defense Instruction 5000.74, dated January 5, 2016 (in this section referred to as the ‘‘Acquisition of Services Instruction’’), and 

other guidance pertaining to the acquisition of services. In conducting the review, the Secretary shall examine— 

(1) how the acquisition community should consider the 

changing nature of the technology and professional services 

markets, particularly the convergence of hardware and services; 

and 

(2) the services acquisition portfolio groups referenced in 

the Acquisition of Services Instruction and other guidance in 

order to ensure the portfolio groups are fully reflective of 

changes to the technology and professional services market. 

(b) GUIDANCE REGARDING TRAINING AND DEVELOPMENT OF THE

ACQUISITION WORKFORCE.— 

(1) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall issue 

guidance addressing the training and development of the Department of Defense workforce engaged in the procurement of 

services, including those personnel not designated as members 

of the acquisition workforce. 

(2) IDENTIFICATION OF TRAINING AND PROFESSIONAL DEVEL- OPMENT OPPORTUNITIES AND ALTERNATIVES.—The guidance required under paragraph (1) shall identify training and professional development opportunities and alternatives, not limited 

to existing Department of Defense institutions, that focus on 

and provide relevant training and professional development in 

commercial business models and contracting. 

(3) TREATMENT OF TRAINING AND PROFESSIONAL DEVELOP- MENT.—Any training and professional development provided 

pursuant to this subsection outside Department of Defense institutions shall be deemed to be equivalent to similar training certified or provided by the Defense Acquisition University. 

SEC. 804. DEFENSE MODERNIZATION ACCOUNT AMENDMENTS. 

(a) FUNDS AVAILABLE FOR ACCOUNT.—Section 2216(b)(1) of title 

10, United States Code, is amended by striking ‘‘commencing’’. 


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(b) TRANSFERS TO ACCOUNT.—Section 2216(c) of such title is 

amended— 

(1) in paragraph (1)(A)— 

(A) by striking ‘‘or the Secretary of Defense with respect 

to Defense-wide appropriations accounts’’ and inserting ‘‘, 

or the Secretary of Defense with respect to Defense-wide appropriations accounts,’’; and 

(B) by striking ‘‘that Secretary’’ and inserting ‘‘the Secretary concerned’’; 

(2) in paragraph (1)(B)— 

(A) by inserting after ‘‘following funds’’ the following: 

‘‘that have been appropriated for fiscal years after fiscal 

year 2016 and are’’; 

(B) in clause (i)— 

(i) by striking ‘‘for procurement’’ and inserting ‘‘for 

new obligations’’; 

(ii) by striking ‘‘a particular procurement’’ and inserting ‘‘an acquisition program’’; and 

(iii) by striking ‘‘that procurement’’ and inserting 

‘‘that program’’; 

(C) by striking clause (ii); and 

(D) by redesignating clause (iii) as clause (ii); 

(3) in paragraph (2)— 

(A) by striking ‘‘, other than funds referred to in subparagraph (B)(iii) of such paragraph,’’; and 

(B) by striking ‘‘if—’’ and all that follows through ‘‘(B) 

the balance of funds’’ and inserting ‘‘if the balance of 

funds’’; 

(4) in paragraph (3)— 

(A) by striking ‘‘credited to’’ both places it appears and 

inserting ‘‘deposited in’’; and 

(B) by inserting ‘‘and obligation’’ after ‘‘available for 

transfer’’; and 

(5) by striking paragraph (4). 

(c) AUTHORIZED USE OF FUNDS.—Section 2216(d) of such title 

is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘commencing’’; and 

(B) by striking ‘‘Secretary of Defense’’ and inserting 

‘‘Secretary concerned’’; 

(2) in paragraph (2), by striking ‘‘a procurement program’’ 

and inserting ‘‘an acquisition program’’; 

(3) by amending paragraph (3) to read as follows: 

‘‘(3) For research, development, test, and evaluation, for 

procurement, and for sustainment activities necessary for paying costs of unforeseen contingencies that are approved by the 

milestone decision authority concerned, that could prevent an 

ongoing acquisition program from meeting critical schedule or 

performance requirements.’’; and 

(4) by inserting at the end the following new paragraph: 

‘‘(4) For paying costs of changes to program requirements 

or system configuration that are approved by the configuration 

steering board for a major defense acquisition program.’’. 

(d) LIMITATIONS.—Section 2216(e) of such title is amended— 


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(1) in paragraph (1), by striking ‘‘procurement program’’ 

both places it appears and inserting ‘‘acquisition program’’; and 

(2) in paragraph (2), by striking ‘‘authorized appropriations’’ and inserting ‘‘authorized appropriations, unless the procedures for initiating a new start program are complied with’’. 

(e) TRANSFER OF FUNDS.—Section 2216(f)(1) of such title is 

amended by striking ‘‘Secretary of Defense’’ and inserting ‘‘Secretary 

of a military department, or the Secretary of Defense with respect 

to Defense-wide appropriations accounts,’’. 

(f) AVAILABILITY OF FUNDS BY APPROPRIATION.—Section 2216(g) 

of such title is amended— 

(1) by striking ‘‘in accordance with the provisions of appropriations Acts’’; and 

(2) by adding at the end the following: ‘‘Funds deposited in 

the Defense Modernization Account shall remain available for 

obligation until the end of the third fiscal year that follows the 

fiscal year in which the amounts are deposited in the account.’’. 

(g) SECRETARY TO ACT THROUGH COMPTROLLER.—Section 

2216(h)(2) of such title is amended— 

(1) by redesignating subparagraphs (A), (B), and (C) as 

subparagraphs (B), (C), and (D), respectively; 

(2) by inserting before subparagraph (B), as so redesignated, the following new subparagraph (A): 

‘‘(A) the establishment and management of subaccounts 

for each of the military departments and Defense Agencies 

concerned for the use of funds in the Defense Modernization 

Account, consistent with each military department’s or Defense Agency’s deposits in the Account;’’; 

(3) in subparagraph (C), as so redesignated, by inserting 

‘‘and subaccounts’’ after ‘‘Account’’; and 

(4) in subparagraph (D), as so redesignated, by striking 

‘‘subsection (c)(1)(B)(iii)’’ and inserting ‘‘subsection (c)(1)(B)(ii)’’. 

(h) DEFINITIONS.—Paragraph (1) of section 2216(i) of such title 

is amended to read as follows: 

‘‘(1) The term ‘major defense acquisition program’ has the 

meaning given the term in section 2430(a) of this title.’’. 

(j) EXPIRATION OF AUTHORITY.—Section 2216(j)(1) of such title 

is amended by striking ‘‘terminates at the close of September 30, 

2006’’ and inserting ‘‘terminates at the close of September 30, 2022’’. 

Subtitle B—Department of Defense Acquisition Agility 

SEC. 805. MODULAR OPEN SYSTEM APPROACH IN DEVELOPMENT OF 

MAJOR WEAPON SYSTEMS. 

(a) MODULAR OPEN SYSTEM APPROACH.— 

(1) IN GENERAL.—Part IV of subtitle A of title 10, United 

States Code, is amended by inserting after chapter 144A the following new chapter: 

‘‘CHAPTER 144B—WEAPON SYSTEMS DEVELOPMENT AND RELATED 

MATTERS 

‘‘Subchapter Sec. 

‘‘I. Modular Open System Approach in Development of Weapon Systems ........................................................................................ 2446a 

‘‘II. Development, Prototyping, and Deployment of Weapon System 

Components and Technology ........................................... 2447a 

‘‘III. Cost, Schedule, and Performance of Major Defense Acquisition 

Programs .............................................................................. 2448a 


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‘‘SUBCHAPTER I—MODULAR OPEN SYSTEM APPROACH IN DEVELOPMENT 

OF WEAPON SYSTEMS 

‘‘Sec. 

‘‘2446a. Requirement for modular open system approach in major defense acquisition 

programs; definitions. 

‘‘2446b. Requirement to address modular open system approach in program capabilities development and acquisition weapon system design. 

‘‘2446c. Requirements relating to availability of major system interfaces and support 

for modular open system approach. 

‘‘§ 2446a. Requirement for modular open system approach in 

major defense acquisition programs; definitions 

‘‘(a) MODULAR OPEN SYSTEM APPROACH REQUIREMENT.—A 

major defense acquisition program that receives Milestone A or 

Milestone B approval after January 1, 2019, shall be designed and 

developed, to the maximum extent practicable, with a modular open 

system approach to enable incremental development and enhance 

competition, innovation, and interoperability. 

‘‘(b) DEFINITIONS.—In this chapter: 

‘‘(1) The term ‘modular open system approach’ means, with 

respect to a major defense acquisition program, an integrated 

business and technical strategy that— 

‘‘(A) employs a modular design that uses major system 

interfaces between a major system platform and a major 

system component, between major system components, or 

between major system platforms; 

‘‘(B) is subjected to verification to ensure major system 

interfaces comply with, if available and suitable, widely 

supported and consensus-based standards; 

‘‘(C) uses a system architecture that allows severable 

major system components at the appropriate level to be incrementally added, removed, or replaced throughout the life 

cycle of a major system platform to afford opportunities for 

enhanced competition and innovation while yielding— 

‘‘(i) significant cost savings or avoidance; 

‘‘(ii) schedule reduction; 

‘‘(iii) opportunities for technical upgrades; 

‘‘(iv) increased interoperability, including system of 

systems interoperability and mission integration; or 

‘‘(v) other benefits during the sustainment phase of 

a major weapon system; and 

‘‘(D) complies with the technical data rights set forth in 

section 2320 of this title. 

‘‘(2) The term ‘major system platform’ means the highest 

level structure of a major weapon system that is not physically 

mounted or installed onto a higher level structure and on which 

a major system component can be physically mounted or installed. 

‘‘(3) The term ‘major system component’— 

‘‘(A) means a high level subsystem or assembly, including hardware, software, or an integrated assembly of both, 

that can be mounted or installed on a major system platform through well-defined major system interfaces; and 

‘‘(B) includes a subsystem or assembly that is likely to 

have additional capability requirements, is likely to change 

because of evolving technology or threat, is needed for interVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 00297 Fmt 6659 Sfmt 6603 E:\HR\OC\HR840.XXX HR840

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operability, facilitates incremental deployment of capabilities, or is expected to be replaced by another major system 

component. 

‘‘(4) The term ‘major system interface’— 

‘‘(A) means a shared boundary between a major system 

platform and a major system component, between major 

system components, or between major system platforms, defined by various physical, logical, and functional characteristics, such as electrical, mechanical, fluidic, optical, radio 

frequency, data, networking, or software elements; and 

‘‘(B) is characterized clearly in terms of form, function, 

and the content that flows across the interface in order to 

enable technological innovation, incremental improvements, 

integration, and interoperability. 

‘‘(5) The term ‘program capability document’ means, with 

respect to a major defense acquisition program, a document 

that specifies capability requirements for the program, such as 

a capability development document or a capability production 

document. 

‘‘(6) The terms ‘program cost targets’ and ‘fielding target’ 

have the meanings provided in section 2448a(a) of this title. 

‘‘(7) The term ‘major defense acquisition program’ has the 

meaning provided in section 2430 of this title. 

‘‘(8) The term ‘major weapon system’ has the meaning provided in section 2379(f) of this title. 

‘‘§ 2446b. Requirement to address modular open system approach in program capabilities development and 

acquisition weapon system design 

‘‘(a) PROGRAM CAPABILITY DOCUMENT.—A program capability 

document for a major defense acquisition program shall identify 

and characterize— 

‘‘(1) the extent to which requirements for system performance are likely to evolve during the life cycle of the system because of evolving technology, threat, or interoperability needs; 

and 

‘‘(2) for requirements that are expected to evolve, the minimum acceptable capability that is necessary for initial operating capability of the major defense acquisition program. 

‘‘(b) ANALYSIS OF ALTERNATIVES.—The Director of Cost Assessment and Performance Evaluation, in formulating study guidance 

for analyses of alternatives for major defense acquisition programs 

and performing such analyses under section 139a(d)(4) of this title, 

shall ensure that any such analysis for a major defense acquisition 

program includes consideration of evolutionary acquisition, prototyping, and a modular open system approach. 

‘‘(c) ACQUISITION STRATEGY.—In the case of a major defense acquisition program that uses a modular open system approach, the 

acquisition strategy required under section 2431a of this title 

shall— 

‘‘(1) clearly describe the modular open system approach to 

be used for the program; 

‘‘(2) differentiate between the major system platform and 

major system components being developed under the program, 

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gram that will be integrated into the major defense acquisition 

program; 

‘‘(3) clearly describe the evolution of major system components that are anticipated to be added, removed, or replaced in 

subsequent increments; 

‘‘(4) identify additional major system components that may 

be added later in the life cycle of the major system platform; 

‘‘(5) clearly describe how intellectual property and related 

issues, such as technical data deliverables, that are necessary to 

support a modular open system approach, will be addressed; 

and 

‘‘(6) clearly describe the approach to systems integration 

and systems-level configuration management to ensure mission 

and information assurance. 

‘‘(d) REQUEST FOR PROPOSALS.—The milestone decision authority for a major defense acquisition program that uses a modular 

open system approach shall ensure that a request for proposals for 

the development or production phases of the program shall describe 

the modular open system approach and the minimum set of major 

system components that must be included in the design of the major 

defense acquisition program. 

‘‘(e) MILESTONE B.—A major defense acquisition program may 

not receive Milestone B approval under section 2366b of this title 

until the milestone decision authority determines in writing that— 

‘‘(1) in the case of a program that uses a modular open system approach— 

‘‘(A) the program incorporates clearly defined major 

system interfaces between the major system platform and 

major system components, between major system components, and between major system platforms; 

‘‘(B) such major system interfaces are consistent with 

the widely supported and consensus-based standards that 

exist at the time of the milestone decision, unless such 

standards are unavailable or unsuitable for particular 

major system interfaces; and 

‘‘(C) the Government has arranged to obtain appropriate and necessary intellectual property rights with respect to such major system interfaces upon completion of 

the development of the major system platform; or 

‘‘(2) in the case of a program that does not use a modular 

open system approach, that the use of a modular open system 

approach is not practicable. 

‘‘§ 2446c. Requirements relating to availability of major system interfaces and support for modular open system 

approach 

‘‘The Secretary of each military department shall— 

‘‘(1) coordinate with the other military departments, the defense agencies, defense and other private sector entities, national standards-setting organizations, and, when appropriate, 

with elements of the intelligence community with respect to the 

specification, identification, development, and maintenance of 

major system interfaces and standards for use in major system 

platforms, where practicable; 


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‘‘(2) ensure that major system interfaces incorporate commercial standards and other widely supported consensus-based 

standards that are validated, published, and maintained by 

recognized standards organizations to the maximum extent 

practicable; 

‘‘(3) ensure that sufficient systems engineering and development expertise and resources are available to support the use of 

a modular open system approach in requirements development 

and acquisition program planning; 

‘‘(4) ensure that necessary planning, programming, and 

budgeting resources are provided to specify, identify, develop, 

and sustain the modular open system approach, associated 

major system interfaces, systems integration, and any additional program activities necessary to sustain innovation and 

interoperability; and 

‘‘(5) ensure that adequate training in the use of a modular 

open system approach is provided to members of the requirements and acquisition workforce.’’. 

(2) CLERICAL AMENDMENT.—The table of chapters for title 

10, United States Code, is amended by adding after the item relating to chapter 144A the following new item: 

‘‘144B. Weapon Systems Development and Related Matters ....................2446a’’. 

(3) CONFORMING AMENDMENT.—Section 2366b(a)(3) of such 

title is amended— 

(A) by striking ‘‘and’’ at the end of subparagraph (K); 

and 

(B) by inserting after subparagraph (L) the following 

new subparagraph: 

‘‘(M) the requirements of section 2446b(e) of this title 

are met; and’’. 

(4) EFFECTIVE DATE.—Subchapter I of chapter 144B of title 

10, United States Code, as added by paragraph (1), shall take 

effect on January 1, 2017. 

(b) REQUIREMENT TO INCLUDE MODULAR OPEN SYSTEM APPROACH IN SELECTED ACQUISITION REPORTS.—Section 2432(c)(1) of 

such title is amended— 

(1) by striking ‘‘and’’ at the end of subparagraph (F); 

(2) by redesignating subparagraph (G) as subparagraph 

(H); and 

(3) by inserting after subparagraph (F) the following new 

subparagraph (G): 

‘‘(G) for each major defense acquisition program that receives Milestone B approval after January 1, 2019, a brief summary description of the key elements of the modular open system approach as defined in section 2446a of this title or, if a 

modular open system approach was not used, the rationale for 

not using such an approach; and’’. 

SEC. 806. DEVELOPMENT, PROTOTYPING, AND DEPLOYMENT OF WEAPON SYSTEM COMPONENTS OR TECHNOLOGY. 

(a) DEVELOPMENT, PROTOTYPING, AND DEPLOYMENT OF WEAPON

SYSTEM COMPONENTS OR TECHNOLOGY.— 

(1) IN GENERAL.—Chapter 144B of title 10, United States 

Code, as added by section 805, is further amended by adding 

at the end the following new subchapter: 


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‘‘SUBCHAPTER II—DEVELOPMENT, PROTOTYPING, AND DEPLOYMENT OF 

WEAPON SYSTEM COMPONENTS OR TECHNOLOGY 

‘‘Sec. 

‘‘2447a. Weapon system component or technology prototype projects: display of budget information. 

‘‘2447b. Weapon system component or technology prototype projects: oversight. 

‘‘2447c. Requirements and limitations for weapon system component or technology 

prototype projects. 

‘‘2447d. Mechanisms to speed deployment of successful weapon system component or 

technology prototypes. 

‘‘2447e. Definition of weapon system component. 

‘‘§ 2447a. Weapon system component or technology prototype 

projects: display of budget information 

‘‘(a) REQUIREMENTS FOR BUDGET DISPLAY.—In the defense 

budget materials for any fiscal year after fiscal year 2017, the Secretary of Defense shall, with respect to advanced component development and prototype activities (within the research, development, 

test, and evaluation budget), set forth the amounts requested for 

each of the following: 

‘‘(1) Acquisition programs of record. 

‘‘(2) Development, prototyping, and experimentation of 

weapon system components or other technologies, including 

those based on commercial items and technologies, separate 

from acquisition programs of record. 

‘‘(3) Other budget line items as determined by the Secretary 

of Defense. 

‘‘(b) ADDITIONAL REQUIREMENTS.—For purposes of subsection 

(a)(2), the amounts requested for development, prototyping, and experimentation of weapon system components or other technologies 

shall be— 

‘‘(1) structured into either capability, weapon system component, or technology portfolios that reflect the priority areas for 

prototype projects; and 

‘‘(2) justified with general descriptions of the types of capability areas and technologies being funded or expected to be 

funded during the fiscal year concerned. 

‘‘(c) DEFINITIONS.—In this section, the terms ‘budget’ and ‘defense budget materials’ have the meaning given those terms in section 234 of this title. 

‘‘§ 2447b. Weapon system component or technology prototype 

projects: oversight 

‘‘(a) ESTABLISHMENT.—The Secretary of each military department shall establish an oversight board or identify a similar existing group of senior advisors for managing prototype projects for 

weapon system components and other technologies and subsystems, 

including the use of funds for such projects, within the military department concerned. 

‘‘(b) MEMBERSHIP.—Each oversight board shall be comprised of 

senior officials with— 

‘‘(1) expertise in requirements; research, development, test, 

and evaluation; acquisition; sustainment; or other relevant 

areas within the military department concerned; 

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

sources; and 


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‘‘(3) awareness of the component capability requirements of 

major weapon systems, including scheduling and fielding goals 

for such component capabilities. 

‘‘(c) FUNCTIONS.—The functions of each oversight board are as 

follows: 

‘‘(1) To issue a strategic plan every three years that 

prioritizes the capability and weapon system component portfolio areas for conducting prototype projects, based on assessments of— 

‘‘(A) high priority warfighter needs; 

‘‘(B) capability gaps or readiness issues with major 

weapon systems; 

‘‘(C) opportunities to incrementally integrate new components into major weapon systems based on commercial 

technology or science and technology efforts that are expected to be sufficiently mature to prototype within three 

years; and 

‘‘(D) opportunities to reduce operation and support 

costs of major weapon systems. 

‘‘(2) To annually recommend funding levels for weapon system component or technology development and prototype 

projects across capability or weapon system component portfolios. 

‘‘(3) To annually recommend to the service acquisition executive of the military department concerned specific weapon system component or technology development and prototype 

projects, subject to the requirements and limitations in section 

2447c of this title. 

‘‘(4) To ensure projects are managed by experts within the 

Department of Defense who are knowledgeable in research, development, test, and evaluation and who are aware of opportunities for incremental deployment of component capabilities and 

other technologies to major weapon systems or directly to support warfighting capabilities. 

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

‘‘(6) To ensure projects have a plan for technology transition 

of the prototype into a fielded system, program of record, or 

operational use, as appropriate, upon successful achievement of 

technical and project goals. 

‘‘(7) To ensure necessary technical, contracting, and financial management resources are available to support each 

project. 

‘‘(8) To submit to the congressional defense committees a 

semiannual notification that includes the following: 

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

funding. 

‘‘(B) the results achieved from weapon system component prototype and technology projects completed and tested 

during the preceding six months. 


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‘‘§ 2447c. Requirements and limitations for weapon system 

component or technology prototype projects 

‘‘(a) LIMITATION ON PROTOTYPE PROJECT DURATION.—A prototype project shall be completed within two years of its initiation. 

‘‘(b) MERIT-BASED SELECTION PROCESS.—A prototype project 

shall be selected by the service acquisition executive of the military 

department concerned through a merit-based selection process that 

identifies the most promising, innovative, and cost-effective prototypes that address one or more of the elements set forth in subsection (c)(1) of section 2447b of this title and are expected to be successfully demonstrated in a relevant environment. 

‘‘(c) TYPE OF TRANSACTION.—Prototype projects shall be funded 

through contracts, cooperative agreements, or other transactions. 

‘‘(d) FUNDING LIMIT.—(1) Each prototype project may not exceed a total amount of $10,000,000 (based on fiscal year 2017 constant 

dollars), unless— 

‘‘(A) the Secretary of the military department, or the Secretary’s designee, approves a larger amount of funding for the 

project, not to exceed $50,000,000; and 

‘‘(B) the Secretary, or the Secretary’s designee, submits to 

the congressional defense committees, within 30 days after approval of such funding for the project, a notification that includes— 

‘‘(i) the project; 

‘‘(ii) expected funding for the project; and 

‘‘(iii) a statement of the anticipated outcome of the 

project. 

‘‘(2) The Secretary of Defense may adjust the amounts (and the 

base fiscal year) provided in paragraph (1) on the basis of Department of Defense escalation rates. 

‘‘(e) RELATED PROTOTYPE AUTHORITIES.—Prototype projects that 

exceed the duration and funding limits established in this section 

shall be pursued under the rapid prototyping process established by 

section 804 of the National Defense Authorization Act for Fiscal 

Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note). In addition, 

nothing in this subchapter shall affect the authority to carry out 

prototype projects under section 2371b or any other section of this 

title related to prototyping. 

‘‘§ 2447d. Mechanisms to speed deployment of successful 

weapon system component or technology prototypes 

‘‘(a) SELECTION OF PROTOTYPE PROJECT FOR PRODUCTION AND

RAPID FIELDING.—A weapon system component or technology prototype project may be selected by the service acquisition executive of 

the military department concerned for a follow-on production contract or other transaction without the use of competitive procedures, 

notwithstanding the requirements of section 2304 of this title, if— 

‘‘(1) the follow-on production project addresses a high priority warfighter need or reduces the costs of a weapon system; 

‘‘(2) competitive procedures were used for the selection of 

parties for participation in the original prototype project; 

‘‘(3) the participants in the original prototype project successfully completed the requirements of the project; and 

‘‘(4) a prototype of the system to be procured was demonstrated in a relevant environment. 


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‘‘(b) SPECIAL TRANSFER AUTHORITY.—(1) The Secretary of a 

military department may, as specified in advance by appropriations 

Acts, transfer funds that remain available for obligation in procurement appropriation accounts of the military department to fund the 

low-rate initial production of the rapid fielding project until required funding for full-rate production can be submitted and approved through the regular budget process of the Department of Defense. 

‘‘(2) The funds transferred under this subsection to fund the 

low-rate initial production of a rapid fielding project shall be for a 

period not to exceed two years, the amount for such period may not 

exceed $50,000,000, and the special transfer authority provided in 

this subsection may not be used more than once to fund procurement of a particular new or upgraded system. 

‘‘(3) The special transfer authority provided in this subsection 

is in addition to any other transfer authority available to the Department of Defense. 

‘‘(c) NOTIFICATION TO CONGRESS.—Within 30 days after the 

service acquisition executive of a military department selects a 

weapon system component or technology project for a follow-on production contract or other transaction, the service acquisition executive shall notify the congressional defense committees of the selection 

and provide a brief description of the rapid fielding project. 

‘‘§ 2447e. Definition of weapon system component 

‘‘In this subchapter, the term ‘weapon system component’ has 

the meaning given the term ‘major system component’ in section 

2446a of this title.’’. 

(2) EFFECTIVE DATE.—Subchapter II of chapter 144B of 

title 10, United States Code, as added by paragraph (1), shall 

take effect on January 1, 2017. 

(b) ADDITION TO REQUIREMENTS NEEDED BEFORE MILESTONE A 

APPROVAL.—Section 2366a(b) of such title is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (7); 

(2) by redesignating paragraph (8) as paragraph (9); and 

(3) by inserting after paragraph (7) the following new paragraph (8): 

‘‘(8) that, with respect to a program initiated after January 

1, 2019, technology shall be developed in the program (after 

Milestone A approval) only if the milestone decision authority 

determines with a high degree of confidence that such development will not delay the fielding target of the program, or, if the 

milestone decision authority does not make such determination 

for a major system component being developed under the program, the milestone decision authority ensures that the technology related to the major system component shall be sufficiently matured and demonstrated in a relevant environment 

(after Milestone A approval) separate from the program using 

the prototyping authorities in subchapter II of chapter 144B of 

this title or other authorities, as appropriate, and have an effective plan for adoption or insertion by the relevant program; 

and’’. 


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SEC. 807. COST, SCHEDULE, AND PERFORMANCE OF MAJOR DEFENSE 

ACQUISITION PROGRAMS. 

(a) COST, SCHEDULE, AND PERFORMANCE OF MAJOR DEFENSE

ACQUISITION PROGRAMS.— (1) IN GENERAL.—Chapter 144B of title 10, United States 

Code, as added by section 805, is amended by adding at the 

end the following new subchapter: 

‘‘SUBCHAPTER III—COST, SCHEDULE, AND PERFORMANCE OF MAJOR 

DEFENSE ACQUISITION PROGRAMS 

‘‘Sec. 

‘‘2448a. Program cost, fielding, and performance goals in planning major defense acquisition programs. 

‘‘2448b. Independent technical risk assessments. 

‘‘§ 2448a. Program cost, fielding, and performance goals in 

planning major defense acquisition programs 

‘‘(a) PROGRAM COST AND FIELDING TARGETS.—(1) Before funds 

are obligated for technology development, systems development, or 

production of a major defense acquisition program, the Secretary of 

Defense shall ensure, by establishing the goals described in paragraph (2), that the milestone decision authority for the major defense acquisition program approves a program that will— 

‘‘(A) be affordable; 

‘‘(B) incorporate program planning that anticipates the evolution of capabilities to meet changing threats, technology insertion, and interoperability; and 

‘‘(C) be fielded when needed. 

‘‘(2) The goals described in this paragraph are goals for— 

‘‘(A) the procurement unit cost and sustainment cost (referred to in this section as the ‘program cost targets’); 

‘‘(B) the date for initial operational capability (referred to 

in this section as the ‘fielding target’); and 

‘‘(C) technology maturation, prototyping, and a modular 

open system approach to evolve system capabilities and improve 

interoperability. 

‘‘(b) DELEGATION.—The responsibilities of the Secretary of Defense in subsection (a) may be delegated only to the Deputy Secretary of Defense. 

‘‘(c) DEFINITIONS.—In this section: 

‘‘(1) The term ‘procurement unit cost’ has the meaning provided in section 2432(a)(2) of this title. 

‘‘(2) The term ‘initial capabilities document’ has the meaning provided in section 2366a(d)(2) of this title. 

‘‘§ 2448b. Independent technical risk assessments 

‘‘(a) IN GENERAL.—With respect to a major defense acquisition 

program, the Secretary of Defense shall ensure that an independent 

technical risk assessment is conducted— 

‘‘(1) before any decision to grant Milestone A approval for 

the program pursuant to section 2366a of this title, that identifies critical technologies and manufacturing processes that need 

to be matured; and 

‘‘(2) before any decision to grant Milestone B approval for 

the program pursuant to section 2366b of this title, any decision 

to enter into low-rate initial production or full-rate production, 

or at any other time considered appropriate by the Secretary, 


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that includes the identification of any critical technologies or 

manufacturing processes that have not been successfully demonstrated in a relevant environment. 

‘‘(b) CATEGORIZATION OF TECHNICAL RISK LEVELS.—The Secretary shall issue guidance and a framework for categorizing the degree of technical and manufacturing risk in a major defense acquisition program.’’. 

(2) EFFECTIVE DATE.—Subchapter III of chapter 144B of 

title 10, United States Code, as added by paragraph (1), shall 

apply with respect to major defense acquisition programs that 

reach Milestone A after October 1, 2017. 

(b) MODIFICATION OF MILESTONE DECISION AUTHORITY.—Effective January 1, 2017, subsection (d) of section 2430 of title 10, 

United States Code, as added by section 825(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 

129 Stat. 907), is amended— 

(1) in paragraph (2)(A), by inserting ‘‘subject to paragraph 

(5),’’ before ‘‘the Secretary determines’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(5) The authority of the Secretary of Defense to designate an 

alternative milestone decision authority for a program with respect 

to which the Secretary determines that the program is addressing 

a joint requirement, as set forth in paragraph (2)(A), shall apply 

only for a major defense acquisition program that reaches Milestone 

A after October 1, 2016, and before October 1, 2019.’’. 

(c) ADHERENCE TO REQUIREMENTS IN MAJOR DEFENSE ACQUISITION PROGRAMS.—Section 2547 of title 10, United States Code, is 

amended— 

(1) by redesignating subsections (b) and (c) as subsections 

(c) and (d), respectively; 

(2) by inserting after subsection (a) the following new subsection (b): 

‘‘(b) ADHERENCE TO REQUIREMENTS IN MAJOR DEFENSE ACQUISITION PROGRAMS.—The Secretary of the military department concerned shall ensure that the program capability document supporting a Milestone B or subsequent decision for a major defense acquisition program may not be approved until the chief of the armed 

force concerned determines in writing that the requirements in the 

document are necessary and realistic in relation to the program cost 

and fielding targets established under section 2448a(a) of this 

title.’’; and 

(3) by adding at the end of subsection (d), as so redesignated, the following new paragraph: 

‘‘(3) The term ‘program capability document’ has the meaning provided in section 2446a(b)(5) of this title.’’. 

(d) AMENDMENT RELATING TO DETERMINATION REQUIRED BEFORE MILESTONE A APPROVAL.—Section 2366a(b)(4) of title 10, 

United States Code, is amended by inserting after ‘‘areas of risk’’ the 

following: ‘‘, including risks determined by the identification of critical technologies required under section 2448b(a)(1) of this title or 

any other risk assessment’’. 

(e) AMENDMENT RELATING TO CERTIFICATION REQUIRED BEFORE MILESTONE B APPROVAL.—Section 2366b(a) of title 10, United 

States Code, is amended— 


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(1) in paragraph (2), by striking ‘‘assessment by the Assistant Secretary’’ and all that follows through ‘‘Test and Evaluation’’ and inserting ‘‘technical risk assessment conducted under 

section 2448b of this title’’; and 

(2) in paragraph (3), as amended by section 805(a)(3)(B)— 

(A) by striking ‘‘and’’ at the end of subparagraph (C); 

(B) by redesignating subparagraphs (D) through (M) as 

subparagraphs (E) through (N), respectively; and 

(C) by inserting after subparagraph (C) the following 

new subparagraph (D): 

‘‘(D) the estimated procurement unit cost for the program and the estimated date for initial operational capability for the baseline description for the program (established under section 2435) do not exceed the program cost 

and fielding targets established under section 2448a(a) of 

this title, or, if such estimated cost is higher than the program cost targets or if such estimated date is later than the 

fielding target, the program cost targets have been increased or the fielding target has been delayed by the Secretary of Defense after a request for such increase or delay 

by the milestone decision authority;’’. 

SEC. 808. TRANSPARENCY IN MAJOR DEFENSE ACQUISITION PROGRAMS. 

(a) MILESTONE A REPORT.— (1) IN GENERAL.—Section 2366a(c) of title 10, United States 

Code, is amended to read as follows: 

‘‘(c) SUBMISSIONS TO CONGRESS ON MILESTONE A.— 

‘‘(1) BRIEF SUMMARY REPORT.—Not later than 15 days after 

granting Milestone A approval for a major defense acquisition 

program, the milestone decision authority for the program shall 

provide to the congressional defense committees and, in the case 

of intelligence or intelligence-related activities, the congressional 

intelligence committees a brief summary report that contains 

the following elements: 

‘‘(A) The program cost and fielding targets established 

by the Secretary of Defense under section 2448a(a) of this 

title. 

‘‘(B) The estimated cost and schedule for the program 

established by the military department concerned, including— 

‘‘(i) the dollar values estimated for the program acquisition unit cost and total life-cycle cost; and 

‘‘(ii) the planned dates for each program milestone 

and initial operational capability. 

‘‘(C) The independent estimated cost for the program 

established pursuant to section 2334(a)(6) of this title, and 

any independent estimated schedule for the program, including— 

‘‘(i) as assessment of the major contributors to the 

program acquisition unit cost and total life-cycle cost; 

and 

‘‘(ii) the planned dates for each program milestone 

and initial operational capability. 

‘‘(D) A summary of the technical or manufacturing 

risks associated with the program, as determined by the 


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military department concerned, including identification of 

any critical technologies or manufacturing processes that 

need to be matured. 

‘‘(E) A summary of the independent technical risk assessment conducted or approved under section 2448b of this 

title, including identification of any critical technologies or 

manufacturing processes that need to be matured. 

‘‘(F) A summary of any sufficiency review conducted by 

the Director of Cost Assessment and Program Evaluation of 

the analysis of alternatives performed for the program (as 

referred to in section 2366a(b)(6) of this title). 

‘‘(G) Any other information the milestone decision authority considers relevant. 

‘‘(2) ADDITIONAL INFORMATION.—(A) At the request of any of 

the congressional defense committees or, in the case of intelligence or intelligence-related activities, the congressional intelligence committees, the milestone decision authority shall submit to the committee an explanation of the basis for a determination made under subsection (b) with respect to a major defense acquisition program, together with a copy of the written 

determination, or further information or underlying documentation for the information in a brief summary report submitted 

under paragraph (1), including the independent cost and schedule estimates and the independent technical risk assessments 

referred to in that paragraph. 

‘‘(B) The explanation or information shall be submitted in 

unclassified form, but may include a classified annex.’’. 

(2) DEFINITIONS.—Section 2366a(d) of such title is amended by adding at the end the following new paragraphs: 

‘‘(8) The term ‘fielding target’ has the meaning given that 

term in section 2448a(a) of this title. 

‘‘(9) The term ‘major system component’ has the meaning 

given that term in section 2446a(b)(3) of this title. 

‘‘(10) The term ‘congressional intelligence committees’ has 

the meaning given that term in section 437(c) of this title.’’. 

(b) MILESTONE B REPORT.— (1) IN GENERAL.—Section 2366b(c) of title 10, United States 

Code, is amended to read as follows: 

‘‘(c) SUBMISSIONS TO CONGRESS ON MILESTONE B.— 

‘‘(1) BRIEF SUMMARY REPORT.—Not later than 15 days after 

granting Milestone B approval for a major defense acquisition 

program, the milestone decision authority for the program shall 

provide to the congressional defense committees and, in the case 

of intelligence or intelligence-related activities, the congressional 

intelligence committees a brief summary report that contains 

the following elements: 

‘‘(A) The program cost and fielding targets established 

by the Secretary of Defense under section 2448a(a) of this 

title. 

‘‘(B) The estimated cost and schedule for the program 

established by the military department concerned, including— 

‘‘(i) the dollar values estimated for the program acquisition unit cost, average procurement unit cost, and 

total life-cycle cost; and 


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‘‘(ii) the planned dates for each program milestone, 

initial operational test and evaluation, and initial 

operational capability. 

‘‘(C) The independent estimated cost for the program 

established pursuant to section 2334(a)(6) of this title, and 

any independent estimated schedule for the program, including— 

‘‘(i) the dollar values and ranges estimated for the 

program acquisition unit cost, average procurement 

unit cost, and total life-cycle cost; and 

‘‘(ii) the planned dates for each program milestone, 

initial operational test and evaluation, and initial 

operational capability. 

‘‘(D) A summary of the technical and manufacturing 

risks associated with the program, as determined by the 

military department concerned, including identification of 

any critical technologies or manufacturing processes that 

have not been successfully demonstrated in a relevant environment. 

‘‘(E) A summary of the independent technical risk assessment conducted or approved under section 2448b of this 

title, including identification of any critical technologies or 

manufacturing processes that have not been successfully 

demonstrated in a relevant environment. 

‘‘(F) A statement of whether a modular open system approach is being used for the program. 

‘‘(G) Any other information the milestone decision authority considers relevant. 

‘‘(2) CERTIFICATIONS AND DETERMINATIONS.—(A) The certifications and determination under subsection (a) with respect 

to a major defense acquisition program shall be submitted to 

the congressional defense committees with the first Selected Acquisition Report submitted under section 2432 of this title after 

completion of the certification. 

‘‘(B) The milestone decision authority shall retain records of 

the basis for the certifications and determination under paragraphs (1), (2), and (3) of subsection (a). 

‘‘(3) ADDITIONAL INFORMATION.—(A) At the request of any of 

the congressional defense committees or, in the case of intelligence or intelligence-related activities, the congressional intelligence committees, the milestone decision authority shall submit to the committee an explanation of the basis for the certifications and determination under paragraphs (1), (2), and (3) of 

subsection (a) with respect to a major defense acquisition program or further information or underlying documentation for 

the information in a brief summary report submitted under 

paragraph (1), including the independent cost and schedule estimates and the independent technical risk assessments referred 

to in that paragraph. 

‘‘(B) The explanation or information shall be submitted in 

unclassified form, but may include a classified annex.’’. 

(2) DEFINITIONS.—Section 2366b(g) of such title is amended 

by adding at the end the following new paragraphs: 

‘‘(6) The term ‘fielding target’ has the meaning given that 

term in section 2448a(a) of this title. 


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‘‘(7) The term ‘major system component’ has the meaning 

given that term in section 2446a(b)(3) of this title. 

‘‘(8) The term ‘congressional intelligence committees’ has the 

meaning given that term in section 437(c) of this title.’’. 

(c) MILESTONE C REPORT.— 

(1) IN GENERAL.—Chapter 139 of such title is amended by 

inserting after section 2366b the following new section: 

‘‘§ 2366c. Major defense acquisition programs: submissions to 

Congress on Milestone C 

‘‘(a) BRIEF SUMMARY REPORT.—Not later than 15 days after 

granting Milestone C approval for a major defense acquisition program, the milestone decision authority for the program shall provide to the congressional defense committees and, in the case of intelligence or intelligence-related activities, the congressional intelligence committees a brief summary report that contains the following: 

‘‘(1) The estimated cost and schedule for the program established by the military department concerned, including— 

‘‘(A) the dollar values estimated for the program acquisition unit cost, average procurement unit cost, and total 

life-cycle cost; and 

‘‘(B) the planned dates for initial operational test and 

evaluation and initial operational capability. 

‘‘(2) The independent estimated cost for the program established pursuant to section 2334(a)(6) of this title, and any independent estimated schedule for the program, including— 

‘‘(A) the dollar values estimated for the program acquisition unit cost, average procurement unit cost, and total 

life-cycle cost; and 

‘‘(B) the planned dates for initial operational test and 

evaluation and initial operational capability. 

‘‘(3) A summary of any production, manufacturing, and 

fielding risks associated with the program. 

‘‘(b) ADDITIONAL INFORMATION.—At the request of any of the 

congressional defense committees or, in the case of intelligence or intelligence-related activities, the congressional intelligence committees, the milestone decision authority shall submit to the committee 

further information or underlying documentation for the information in a brief summary report submitted under subsection (a), including the independent cost and schedule estimates and the independent technical risk assessments referred to in that subsection. 

‘‘(c) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In 

this section, the term ‘congressional intelligence committees’ has the 

meaning given that term in section 437(c) of this title.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item 

relating to section 2366b the following new item: 

‘‘2366c. Major defense acquisition programs: submissions to Congress on Milestone 

C.’’. 

SEC. 809. AMENDMENTS RELATING TO TECHNICAL DATA RIGHTS. 

(a) RIGHTS RELATING TO ITEM OR PROCESS DEVELOPED EXCLUSIVELY AT PRIVATE EXPENSE.—Subsection (a)(2)(C)(iii) of section 

2320 of title 10, United States Code, is amended by inserting after 


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‘‘or process data’’ the following: ‘‘, including such data pertaining to 

a major system component’’. 

(b) RIGHTS RELATING TO INTERFACE OR MAJOR SYSTEM INTER- FACE.—Subsection (a)(2) of section 2320 of such title is further 

amended— 

(1) by redesignating subparagraphs (F) and (G) as subparagraphs (H) and (I), respectively; 

(2) in subparagraph (B), by striking ‘‘Except as provided in 

subparagraphs (C) and (D),’’ and inserting ‘‘Except as provided 

in subparagraphs (C), (D), and (G),’’; 

(3) in subparagraph (D)(i)(II), by striking ‘‘is necessary’’ 

and inserting ‘‘is a release, disclosure, or use of technical data 

pertaining to an interface between an item or process and other 

items or processes necessary’’; 

(4) in subparagraph (E)— 

(A) by striking ‘‘In the case’’ and inserting ‘‘Except as 

provided in subparagraphs (F) and (G), in the case’’; and 

(B) by striking ‘‘negotiations). The United States shall 

have’’ and all that follows through ‘‘such negotiated rights 

shall’’ and inserting the following: ‘‘negotiations) and shall 

be based on negotiations between the United States and the 

contractor, except in any case in which the Secretary of Defense determines, on the basis of criteria established in the 

regulations, that negotiations would not be practicable. The 

establishment of such rights shall’’; and 

(5) by inserting after subparagraph (E) the following new 

subparagraphs (F) and (G): 

‘‘(F) INTERFACES DEVELOPED WITH MIXED FUNDING.—Notwithstanding subparagraph (E), the United States shall have 

government purpose rights in technical data pertaining to an 

interface between an item or process and other items or processes that was developed in part with Federal funds and in part 

at private expense, except in any case in which the Secretary of 

Defense determines, on the basis of criteria established in the 

regulations, that negotiation of different rights in such technical 

data would be in the best interest of the United States. 

‘‘(G) MAJOR SYSTEM INTERFACES DEVELOPED EXCLUSIVELY

AT PRIVATE EXPENSE OR WITH MIXED FUNDING.—Notwithstanding subparagraphs (B) and (E), the United States shall 

have government purpose rights in technical data pertaining to 

a major system interface developed exclusively at private expense or in part with Federal funds and in part at private expense and used in a modular open system approach pursuant 

to section 2446a of this title, except in any case in which the 

Secretary of Defense determines that negotiation of different 

rights in such technical data would be in the best interest of the 

United States. Such major system interface shall be identified 

in the contract solicitation and the contract. For technical data 

pertaining to a major system interface developed exclusively at 

private expense for which the United States asserts government 

purpose rights, the Secretary of Defense shall negotiate with the 

contractor the appropriate and reasonable compensation for 

such technical data.’’. 

(c) AMENDMENT RELATING TO DEFERRED ORDERING.—Subsection (b)(9) of section 2320 of such title is amended— 


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(1) by striking ‘‘at any time’’ and inserting ‘‘, until the date 

occurring six years after acceptance of the last item (other than 

technical data) under a contract or the date of contract termination, whichever is later,’’; 

(2) by striking ‘‘or utilized in the performance of a contract’’ 

and inserting ‘‘in the performance of the contract’’; and 

(3) by striking clause (ii) of subparagraph (B) and inserting 

the following: 

‘‘(ii) is described in subparagraphs (D)(i)(II), (F), 

and (G) of subsection (a)(2); and’’. 

(d) DEFINITIONS.—Section 2320 of such title is further amended— 

(1) in subsection (f), by inserting ‘‘COVERED GOVERNMENT

SUPPORT CONTRACTOR DEFINED.—’’ before ‘‘In this section’’; and 

(2) by adding at the end the following new subsection: 

‘‘(g) ADDITIONAL DEFINITIONS.—In this section, the terms ‘major 

system component’, ‘major system interface’, and ‘modular open system approach’ have the meanings provided in section 2446a of this 

title.’’. 

(e) AMENDMENTS TO ADD CERTAIN HEADINGS FOR READ- ABILITY.—Section 2320(a) of such title is further amended— 

(1) in subparagraph (A) of paragraph (2), by inserting after 

‘‘(A)’’ the following: ‘‘DEVELOPMENT EXCLUSIVELY WITH FEDERAL

FUNDS.—’’; 

(2) in subparagraph (B) of such paragraph, by inserting 

after ‘‘(B)’’ the following: ‘‘DEVELOPMENT EXCLUSIVELY AT PRI- VATE EXPENSE.—’’; 

(3) in subparagraph (C) of such paragraph, by inserting 

after ‘‘(C)’’ the following: ‘‘EXCEPTION TO SUBPARAGRAPH (B).— 

’’; 

(4) in subparagraph (D) of such paragraph, by inserting 

after ‘‘(D)’’ the following: ‘‘EXCEPTION TO SUBPARAGRAPH (B).— 

’’; and 

(5) in subparagraph (E) of such paragraph, by inserting 

after ‘‘(E)’’ the following: ‘‘DEVELOPMENT WITH MIXED FUND- ING.—’’. 

(f) GOVERNMENT-INDUSTRY ADVISORY PANEL AMENDMENTS.— Section 813(b) of the National Defense Authorization Act for Fiscal 

Year 2016 (Public Law 114–92; 129 Stat. 892) is amended— 

(1) by adding at the end of paragraph (1) the following: 

‘‘The panel shall develop recommendations for changes to sections 2320 and 2321 of title 10, United States Code, and the 

regulations implementing such sections.’’; 

(2) in paragraph (3)— 

(A) by redesignating subparagraphs (D) and (E) as 

subparagraphs (E) and (F), respectively; and 

(B) by inserting after subparagraph (C) the following 

new subparagraph (D): 

‘‘(D) Ensuring that the Department of Defense and Department of Defense contractors have the technical data 

rights necessary to support the modular open system approach requirement set forth in section 2446a of title 10, 

United States Code, taking into consideration the distinct 

characteristics of major system platforms, major system 

interfaces, and major system components developed excluVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 00312 Fmt 6659 Sfmt 6603 E:\HR\OC\HR840.XXX HR840

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sively with Federal funds, exclusively at private expense, 

and with a combination of Federal funds and private expense.’’; and 

(3) by amending paragraph (4) to read as follows: 

‘‘(4) FINAL REPORT.—Not later than February 1, 2017, the 

advisory panel shall submit its final report and recommendations to the Secretary of Defense and the congressional defense 

committees. Not later than 60 days after receiving the report, 

the Secretary shall submit any comments or recommendations 

to the congressional defense committees.’’. 

Subtitle C—Amendments to General Contracting Authorities, 

Procedures, and Limitations 

SEC. 811. MODIFIED RESTRICTIONS ON UNDEFINITIZED CONTRACTUAL ACTIONS. 

Section 2326 of title 10, United States Code, is amended— 

(1) in subsection (e)— 

(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B); 

(B) by inserting ‘‘(1)’’ before ‘‘The head’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(2) If a contractor submits a qualifying proposal to definitize 

an undefinitized contractual action and the contracting officer for 

such action definitizes the contract after the end of the 180-day period beginning on the date on which the contractor submitted the 

qualifying proposal, the head of the agency concerned shall ensure 

that the profit allowed on the contract accurately reflects the cost 

risk of the contractor as such risk existed on the date the contractor 

submitted the qualifying proposal.’’; 

(2) by redesignating subsections (f) and (g) as subsections 

(h) and (i), respectively; 

(3) by inserting after subsection (e) the following new subsections: 

‘‘(f) TIME LIMIT.—No undefinitized contractual action may extend beyond 90 days without a written determination by the Secretary of the military department concerned, the head of the Defense 

Agency concerned, the commander of the combatant command concerned, or the Under Secretary of Defense for Acquisition, Technology, and Logistics (as applicable) that it is in the best interests 

of the military department, the Defense Agency, the combatant command, or the Department of Defense, respectively, to continue the action. 

‘‘(g) FOREIGN MILITARY CONTRACTS.—(1) Except as provided in 

paragraph (2), a contracting officer of the Department of Defense 

may not enter into an undefinitized contractual action for a foreign 

military sale unless the contractual action provides for agreement 

upon contractual terms, specifications, and price by the end of the 

180-day period described in subsection (b)(1)(A). 

‘‘(2) The requirement under paragraph (1) may be waived in accordance with subsection (b)(4).’’; and 

(4) in subsection (i), as redesignated by paragraph (2)— 

(A) in paragraph (1)— 

(i) by striking subparagraph (A); and 


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(ii) by redesignating subparagraphs (B), (C), and 

(D) as subparagraphs (A), (B), and (C), respectively; 

and 

(B) in paragraph (2), by striking ‘‘complete and meaningful audits’’ and all that follows through the period and 

inserting ‘‘a meaningful audit of the information contained 

in the proposal.’’. 

SEC. 812. AMENDMENTS RELATING TO INVENTORY AND TRACKING OF 

PURCHASES OF SERVICES. 

(a) INCREASED THRESHOLD.—Subsection (a) of section 2330a of 

title 10, United States Code, is amended by striking ‘‘in excess of the 

simplified acquisition threshold’’ and inserting ‘‘in excess of 

$3,000,000’’. 

(b) SPECIFICATION OF SERVICES.—Subsection (a) of such section 

is further amended by striking the period at the end and inserting 

the following: ‘‘, for services in the following service acquisition portfolio groups: 

‘‘(1) Logistics management services. 

‘‘(2) Equipment related services. 

‘‘(3) Knowledge-based services. 

‘‘(4) Electronics and communications services.’’. 

(c) INVENTORY SUMMARY.—Subsection (c) of such section is 

amended— 

(1) by striking ‘‘(c) INVENTORY.—’’ and inserting ‘‘(c) INVENTORY SUMMARY.—’’; and 

(2) in paragraph (1), by striking ‘‘submit to Congress an 

annual inventory’’ and all that follows through ‘‘for or on behalf’’ and inserting ‘‘prepare an annual inventory, and submit 

to Congress a summary of the inventory, of activities performed 

during the preceding fiscal year pursuant to staff augmentation 

contracts on behalf’’. 

(d) ELIMINATION OF CERTAIN REQUIREMENTS.—Such section is 

further amended— 

(1) by striking subsections (d), (g), and (h); and 

(2) by redesignating subsections (e), (f), (i), and (j) as subsections (d), (e), (g), and (h), respectively. 

(e) SPECIFICATION OF SERVICES TO BE REVIEWED.—Subsection 

(d), as so redesignated, of such section, is amended in paragraph (1) 

by inserting after ‘‘responsible’’ the following: ‘‘, with particular 

focus and attention on the following categories of high-risk product 

service codes (also referred to as Federal supply codes): 

‘‘(A) Special studies or analysis that is not research 

and development. 

‘‘(B) Information technology and telecommunications. 

‘‘(C) Support, including professional, administrative, 

and management.’’. 

(f) COMPTROLLER GENERAL REPORT.—Such section is further 

amended by inserting after subsection (e), as so redesignated, the 

following new subsection (f): 

‘‘(f) COMPTROLLER GENERAL REPORT.—Not later than March 

31, 2018, the Comptroller General of the United States shall submit 

to the congressional defense committees a report on the status of the 

data collection required in subsection (a) and an assessment of the 

efforts by the Department of Defense to implement subsection (e).’’. 


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(g) DEFINITIONS.—Subsection (h), as so redesignated, of such 

section is amended by adding at the end the following new paragraphs: 

‘‘(6) The term ‘service acquisition portfolio groups’ means 

the groups identified in Department of Defense Instruction 

5000.74, Defense Acquisition of Services (January 5, 2016) or 

successor guidance. 

‘‘(7) The term ‘staff augmentation contracts’ means services 

contracts for personnel who are physically present in a Government work space on a full-time or permanent part-time basis, 

for the purpose of advising on, providing support to, or assisting a Government agency in the performance of the agency’s 

missions, including authorized personal services contracts (as 

that term is defined in section 2330a(g)(5) of this title).’’. 

SEC. 813. USE OF LOWEST PRICE TECHNICALLY ACCEPTABLE SOURCE 

SELECTION PROCESS. 

(a) STATEMENT OF POLICY.—It shall be the policy of the Department of Defense to avoid using lowest price technically acceptable 

source selection criteria in circumstances that would deny the Department the benefits of cost and technical tradeoffs in the source 

selection process. 

(b) REVISION OF DEFENSE FEDERAL ACQUISITION REGULATION

SUPPLEMENT.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Defense 

Federal Acquisition Regulation Supplement to require that, for solicitations issued on or after the date that is 120 days after the date 

of the enactment of this Act, lowest price technically acceptable 

source selection criteria are used only in situations in which— 

(1) the Department of Defense is able to comprehensively 

and clearly describe the minimum requirements expressed in 

terms of performance objectives, measures, and standards that 

will be used to determine acceptability of offers; 

(2) the Department of Defense would realize no, or minimal, value from a contract proposal exceeding the minimum 

technical or performance requirements set forth in the request 

for proposal; 

(3) the proposed technical approaches will require no, or 

minimal, subjective judgment by the source selection authority 

as to the desirability of one offeror’s proposal versus a competing proposal; 

(4) the source selection authority has a high degree of confidence that a review of technical proposals of offerors other 

than the lowest bidder would not result in the identification of 

factors that could provide value or benefit to the Department; 

(5) the contracting officer has included a justification for 

the use of a lowest price technically acceptable evaluation methodology in the contract file; and 

(6) the Department of Defense has determined that the lowest price reflects full life-cycle costs, including for operations 

and support. 

(c) AVOIDANCE OF USE OF LOWEST PRICE TECHNICALLY ACCEPTABLE SOURCE SELECTION CRITERIA IN CERTAIN PROCUREMENTS.— 

To the maximum extent practicable, the use of lowest price technically acceptable source selection criteria shall be avoided in the 

case of a procurement that is predominately for the acquisition of— 


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(1) information technology services, cybersecurity services, 

systems engineering and technical assistance services, advanced 

electronic testing, audit or audit readiness services, or other 

knowledge-based professional services; 

(2) personal protective equipment; or 

(3) knowledge-based training or logistics services in contingency operations or other operations outside the United States, 

including in Afghanistan or Iraq. 

(d) REPORTING.—Not later than December 1, 2017, and annually thereafter for three years, the Comptroller General of the United 

States shall submit to the congressional defense committees a report 

on the number of instances in which lowest price technically acceptable source selection criteria is used for a contract exceeding 

$10,000,000, including an explanation of how the situations listed 

in subsection (b) were considered in making a determination to use 

lowest price technically acceptable source selection criteria. 

SEC. 814. PROCUREMENT OF PERSONAL PROTECTIVE EQUIPMENT. 

(a) LIMITATION.—Not later than 90 days after the date of the 

enactment of this Act, the Defense Federal Acquisition Regulation 

Supplement shall be revised— 

(1) to prohibit the use by the Department of Defense of reverse auctions or lowest price technically acceptable contracting 

methods for the procurement of personal protective equipment if 

the level of quality or failure of the item could result in combat 

casualties; and 

(2) to establish a preference for the use of best value contracting methods for the procurement of such equipment. 

(b) CONFORMING AMENDMENT.—Section 884 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 

129 Stat. 948; 10 U.S.C. 2302 note) is hereby repealed. 

SEC. 815. AMENDMENTS RELATED TO DETECTION AND AVOIDANCE OF 

COUNTERFEIT ELECTRONIC PARTS. 

Section 818 of the National Defense Authorization Act for Fiscal 

Year 2012 (Public Law 112–81; 10 U.S.C. 2302 note) is amended— 

(1) in paragraph (3) of subsection (c)— 

(A) by striking the heading and inserting ‘‘SUPPLIERS

MEETING ANTICOUNTERFEITING REQUIREMENTS.—’’; 

(B) in subparagraph (A)(i), by striking ‘‘trusted suppliers in accordance with regulations issued pursuant to 

subparagraph (C) or (D) who’’ and inserting ‘‘suppliers that 

meet anticounterfeiting requirements in accordance with 

regulations issued pursuant to subparagraph (C) or (D) 

and that’’; 

(C) in subparagraphs (A)(ii) and (A)(iii), by striking 

‘‘trusted suppliers’’ each place it appears and inserting 

‘‘suppliers that meet anticounterfeiting requirements’’; 

(D) in subparagraph (C), by striking ‘‘as trusted suppliers those’’ and inserting ‘‘suppliers’’; 

(E) in subparagraph (D) in the matter preceding clause 

(i), by striking ‘‘trusted suppliers’’ and inserting ‘‘suppliers 

that meet anticounterfeiting requirements’’; and 

(F) in subparagraphs (D)(i) and (D)(iii), by striking 

‘‘trusted’’ each place it appears; and 


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(2) in subsection (e)(2)(A)(v), by striking ‘‘use of trusted suppliers’’ and inserting ‘‘the use of suppliers that meet applicable 

anticounterfeiting requirements’’. 

SEC. 816. AMENDMENTS TO SPECIAL EMERGENCY PROCUREMENT AUTHORITY. 

Section 1903(a) of title 41, United States Code, is amended— 

(1) by striking ‘‘or’’ at the end of paragraph (1); 

(2) by striking the period at the end of paragraph (2) and 

inserting a semicolon; and 

(3) by adding after paragraph (2) the following new paragraphs: 

‘‘(3) in support of a request from the Secretary of State or 

the Administrator of the United States Agency for International 

Development to facilitate the provision of international disaster 

assistance pursuant to chapter 9 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2292 et seq.); or 

‘‘(4) in support of an emergency or major disaster (as those 

terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)).’’. 

SEC. 817. COMPLIANCE WITH DOMESTIC SOURCE REQUIREMENTS FOR 

FOOTWEAR FURNISHED TO ENLISTED MEMBERS OF THE 

ARMED FORCES UPON THEIR INITIAL ENTRY INTO THE 

ARMED FORCES. 

Section 418 of title 37, United States Code, is amended by adding at the end the following new subsection: 

‘‘(d)(1) In the case of athletic footwear needed by members of the 

Army, Navy, Air Force, or Marine Corps upon their initial entry 

into the armed forces, the Secretary of Defense shall furnish such 

footwear directly to the members instead of providing a cash allowance to the members for the purchase of such footwear. 

‘‘(2) In procuring athletic footwear to comply with paragraph 

(1), the Secretary of Defense shall— 

‘‘(A) procure athletic footwear that complies with the requirements of section 2533a of title 10, without regard to the 

applicability of any simplified acquisition threshold under 

chapter 137 of title 10 (or any other provision of law); and 

‘‘(B) procure additional athletic footwear, for two years following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017, that is necessary to provide a member described in paragraph (1) with sufficient 

choices in athletic shoes so as to minimize the incidence of athletic injuries and potential unnecessary harm and risk to the 

safety and well-being of members in initial entry training. 

‘‘(3) This subsection does not prohibit the provision of a cash allowance to a member described in paragraph (1) for the purchase 

of athletic footwear if such footwear— 

‘‘(A) is medically required to meet unique physiological 

needs of the member; and 

‘‘(B) cannot be met with athletic footwear that complies 

with the requirements of this subsection.’’. 


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SEC. 818. EXTENSION OF AUTHORITY FOR ENHANCED TRANSFER OF 

TECHNOLOGY DEVELOPED AT DEPARTMENT OF DEFENSE 

LABORATORIES. 

Section 801(e) of the National Defense Authorization Act for 

Fiscal Year 2014 (Public Law 113–66; 127 Stat. 804; 10 U.S.C. 

2514 note) is amended by striking ‘‘2017’’ and inserting ‘‘2021’’. 

SEC. 819. MODIFIED NOTIFICATION REQUIREMENT FOR EXERCISE OF 

WAIVER AUTHORITY TO ACQUIRE VITAL NATIONAL SECURITY CAPABILITIES. 

Subsection (d) of section 806 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 

note) is amended to read as follows: 

‘‘(d) NOTIFICATION REQUIREMENT.—Not later than 10 days after 

exercising the waiver authority under subsection (a), the Secretary 

of Defense shall provide a written notification to Congress providing 

the details of the waiver and the expected benefits it provides to the 

Department of Defense.’’. 

SEC. 820. DEFENSE COST ACCOUNTING STANDARDS. 

(a) AMENDMENTS TO THE COST ACCOUNTING STANDARDS

BOARD.— 

(1) IN GENERAL.—Section 1501 of title 41, United States 

Code, is amended— 

(A) in subsection (b)(1)(B)(ii), by inserting ‘‘and, if possible, is a representative of a public accounting firm’’ after 

‘‘systems’’; 

(B) by redesignating subsections (c) through (f) as subsections (f) through (i), respectively; 

(C) by inserting after subsection (b) the following new 

subsections: 

‘‘(c) DUTIES.—The Board shall— 

‘‘(1) ensure that the cost accounting standards used by Federal contractors rely, to the maximum extent practicable, on 

commercial standards and accounting practices and systems; 

‘‘(2) within one year after the date of enactment of this subsection, and on an ongoing basis thereafter, review any cost accounting standards established under section 1502 of this title 

and conform such standards, where practicable, to Generally 

Accepted Accounting Principles; and 

‘‘(3) annually review disputes involving such standards 

brought to the boards established in section 7105 of this title or 

Federal courts, and consider whether greater clarity in such 

standards could avoid such disputes. 

‘‘(d) MEETINGS.—The Board shall meet not less than once each 

quarter and shall publish in the Federal Register notice of each 

meeting and its agenda before such meeting is held. 

‘‘(e) REPORT.—The Board shall annually submit a report to the 

congressional defense committees, the Committee on Oversight and 

Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate describing the actions taken during the prior year— 

‘‘(1) to conform the cost accounting standards established 

under section 1502 of this title with Generally Accepted Accounting Principles; and 

‘‘(2) to minimize the burden on contractors while protecting 

the interests of the Federal Government.’’; and 


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(D) by amending subsection (f) (as so redesignated) to 

read as follows: 

‘‘(f) SENIOR STAFF.—The Administrator, after consultation with 

the Board— 

‘‘(1) without regard to the provisions of title 5 governing appointments in the competitive service— 

‘‘(A) shall appoint an executive secretary; and 

‘‘(B) may appoint, or detail pursuant to section 3341 of 

title 5, two additional staff members; and 

‘‘(2) may pay those employees without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 

relating to classification and General Schedule pay rates, except 

that those employees may not receive pay in excess of the maximum rate of basic pay payable for level IV of the Executive 

Schedule.’’. 

(2) VALUE OF CONTRACTS ELIGIBLE FOR WAIVER.—Section 

1502(b)(3)(A) of title 41, United States Code, is amended by 

striking ‘‘$15,000,000’’ and inserting ‘‘$100,000,000’’. 

(3) CONFORMING AMENDMENTS.—Section 1501(i) of title 41, 

United States Code (as redesignated by paragraph (1)), is 

amended— 

(A) in paragraph (1), by striking ‘‘subsection (e)(1)’’ and 

inserting ‘‘subsection (h)(1)’’; and 

(B) in paragraph (3), by striking ‘‘subsection (e)(2)’’ and 

inserting ‘‘subsection (h)(2)’’. 

(b) DEFENSE COST ACCOUNTING STANDARDS BOARD.— (1) IN GENERAL.—Chapter 7 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 190. Defense Cost Accounting Standards Board 

‘‘(a) ORGANIZATION.—The Defense Cost Accounting Standards 

Board is an independent board in the Office of the Secretary of Defense. 

‘‘(b) MEMBERSHIP.—(1) The Board consists of seven members. 

One member is the Chief Financial Officer of the Department of Defense or a designee of the Chief Financial Officer, who serves as 

Chairman. The other six members, all of whom shall have experience in contract pricing, finance, or cost accounting, are as follows: 

‘‘(A) Three representatives of the Department of Defense appointed by the Secretary of Defense; and 

‘‘(B) Three individuals from the private sector, each of 

whom is appointed by the Secretary of Defense, and— 

‘‘(i) one of whom is a representative of a nontraditional 

defense contractor (as defined in section 2302(9) of this 

title); and 

‘‘(ii) one of whom is a representative from a public accounting firm. 

‘‘(2) A member appointed under paragraph (1)(A) may not continue to serve after ceasing to be an officer or employee of the Department of Defense. 

‘‘(c) DUTIES OF THE CHAIRMAN.—The Chief Financial Officer of 

the Department of Defense, after consultation with the Defense Cost 

Accounting Standards Board, shall prescribe rules and procedures 

governing actions of the Board under this section. 

‘‘(d) DUTIES.—The Defense Cost Accounting Standards Board— 


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‘‘(1) shall review cost accounting standards established 

under section 1502 of title 41 and recommend changes to such 

cost accounting standards to the Cost Accounting Standards 

Board established under section 1501 of such title; 

‘‘(2) has exclusive authority, with respect to the Department 

of Defense, to implement such cost accounting standards to 

achieve uniformity and consistency in the standards governing 

measurement, assignment, and allocation of costs to contracts 

with the Department of Defense; and 

‘‘(3) shall develop standards to ensure that commercial operations performed by Government employees at the Department 

of Defense adhere to cost accounting standards (based on cost 

accounting standards established under section 1502 of title 41 

or Generally Accepted Accounting Principles) that inform managerial decisionmaking. 

‘‘(e) COMPENSATION.—(1) Members of the Defense Cost Accounting Standards Board who are officers or employees of the Department of Defense shall not receive additional compensation for services but shall continue to be compensated by the Department of Defense. 

‘‘(2) Each member of the Board appointed from the private sector shall receive compensation at a rate not to exceed the daily 

equivalent of the rate for level IV of the Executive Schedule for each 

day (including travel time) in which the member is engaged in the 

actual performance of duties vested in the Board. 

‘‘(3) While serving away from home or regular place of business, 

Board members and other individuals serving on an intermittent 

basis shall be allowed travel expenses in accordance with section 

5703 of title 5. 

‘‘(f) AUDITING REQUIREMENTS.—(1) Notwithstanding any other 

provision of law, contractors with the Department of Defense may 

present, and the Defense Contract Audit Agency shall accept without 

performing additional audits, a summary of audit findings prepared by a commercial auditor if— 

‘‘(A) the auditor previously performed an audit of the allowability, measurement, assignment to accounting periods, and allocation of indirect costs of the contractor; and 

‘‘(B) such audit was performed using relevant commercial 

accounting standards (such as Generally Accepted Accounting 

Principles) and relevant commercial auditing standards established by the commercial auditing industry for the relevant accounting period. 

‘‘(2) The Defense Contract Audit Agency may audit direct costs 

of Department of Defense cost contracts and shall rely on commercial audits of indirect costs without performing additional audits, 

except that in the case of companies or business units that have a 

predominance of cost-type contracts as a percentage of sales, the Defense Contract Audit Agency may audit both direct and indirect 

costs.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 7 of such title is amended by adding after 

the item relating to section 189 the following new item: 

‘‘190. Defense Cost Accounting Standards Board.’’. 

(c) REPORT.—Not later than December 31, 2019, the Comptroller General of the United States shall submit to the congresVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 00320 Fmt 6659 Sfmt 6603 E:\HR\OC\HR840.XXX HR840

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sional defense committees a report on the adequacy of the method 

used by the Cost Accounting Standards Board established under 

section 1501 of title 41, United States Code, to apply cost accounting 

standards to indirect and fixed price incentive contracts. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on October 1, 2018. 

SEC. 821. INCREASED MICRO-PURCHASE THRESHOLD APPLICABLE TO 

DEPARTMENT OF DEFENSE PROCUREMENTS. 

(a) INCREASED MICRO-PURCHASE THRESHOLD.—Chapter 137 of 

title 10, United States Code, is amended by adding at the end the 

following new section: 

‘‘§ 2338. Micro-purchase threshold 

‘‘Notwithstanding subsection (a) of section 1902 of title 41, the 

micro-purchase threshold for the Department of Defense for purposes of such section is $5,000.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item: 

‘‘2338. Micro-purchase threshold.’’. 

SEC. 822. ENHANCED COMPETITION REQUIREMENTS. 

Section 2306a of title 10, United States Code, is amended— 

(1) in subsection (a)(1)(A), by inserting ‘‘that is only expected to receive one bid’’ after ‘‘entered into using procedures 

other than sealed-bid procedures’’; and 

(2) in subsection (b)— 

(A) in paragraph (1)(A)(i), by striking ‘‘price competition’’ and inserting ‘‘competition that results in at least two 

or more responsive and viable competing bids’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(6) DETERMINATION BY PRIME CONTRACTOR.—A prime contractor required to submit certified cost or pricing data under 

subsection (a) with respect to a prime contract shall be responsible for determining whether a subcontract under such contract 

qualifies for an exception under paragraph (1)(A) from such requirement.’’. 

SEC. 823. REVISION TO EFFECTIVE DATE OF SENIOR EXECUTIVE 

BENCHMARK COMPENSATION FOR ALLOWABLE COST LIMITATIONS. 

(a) REPEAL OF RETROACTIVE APPLICABILITY.—Section 803(c) of 

the National Defense Authorization Act for Fiscal Year 2012 (Public 

Law 112–81; 125 Stat. 1485; 10 U.S.C. 2324 note) is amended by 

striking ‘‘amendments made by’’ and all that follows and inserting 

‘‘amendments made by this section shall apply with respect to costs 

of compensation incurred after January 1, 2012, under contracts entered into on or after December 31, 2011.’’. 

(b) APPLICABILITY.—The amendment made by subsection (a) 

shall take effect as of December 31, 2011, and shall apply as if included in the National Defense Authorization Act for Fiscal Year 

2012 as enacted. 

SEC. 824. TREATMENT OF INDEPENDENT RESEARCH AND DEVELOPMENT COSTS ON CERTAIN CONTRACTS. 

(a) INDEPENDENT RESEARCH AND DEVELOPMENT COSTS: ALLOWABLE COSTS.— 


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(1) IN GENERAL.—Section 2372 of title 10, United States 

Code, is amended to read as follows: 

‘‘§ 2372. Independent research and development costs: allowable costs 

‘‘(a) REGULATIONS.—The Secretary of Defense shall prescribe 

regulations governing the payment by the Department of Defense of 

expenses incurred by contractors for independent research and development costs. Such regulations shall provide that expenses incurred for independent research and development shall be reported 

independently from other allowable indirect costs. 

‘‘(b) COSTS TREATED AS FAIR AND REASONABLE, AND ALLOWABLE, EXPENSES.—The regulations prescribed under subsection (a) 

shall provide that independent research and development costs shall 

be considered a fair and reasonable, and allowable, indirect expense 

on Department of Defense contracts. 

‘‘(c) ADDITIONAL CONTROLS.—Subject to subsection (d), the regulations prescribed under subsection (a) may include the following 

provisions: 

‘‘(1) Controls on the reimbursement of costs to the contractor for expenses incurred for independent research and development to ensure that such costs were incurred for independent research and development. 

‘‘(2) Implementation of regular methods for transmission— 

‘‘(A) from the Department of Defense to contractors, in 

a reasonable manner, of timely and comprehensive information regarding planned or expected needs of the Department of Defense for future technology and advanced capability; and 

‘‘(B) from contractors to the Department of Defense, in 

a reasonable manner, of information regarding progress by 

the contractor on the independent research and development programs of the contractor. 

‘‘(d) LIMITATIONS ON REGULATIONS.—Regulations prescribed 

under subsection (a) may not include provisions that would infringe 

on the independence of a contractor to choose which technologies to 

pursue in its independent research and development program if the 

chief executive officer of the contractor determines that expenditures 

will advance the needs of the Department of Defense for future technology and advanced capability as transmitted pursuant to subsection (c)(3)(A). 

‘‘(e) EFFECTIVE DATE.—The regulations prescribed under subsection (a) shall apply to indirect costs incurred on or after October 

1, 2017.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 139 is amended by striking the item relating 

to section 2372 and inserting the following new item: 

‘‘2372. Independent research and development costs: allowable costs’’. 

(b) BID AND PROPOSAL COSTS: ALLOWABLE COSTS.— 

(1) IN GENERAL.—Chapter 139 of title 10, United States 

Code, is amended by inserting after section 2372 the following 

new section: 


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‘‘§ 2372a. Bid and proposal costs: allowable costs 

‘‘(a) REGULATIONS.—The Secretary of Defense shall prescribe 

regulations governing the payment by the Department of Defense of 

expenses incurred by contractors for bid and proposal costs. Such 

regulations shall provide that expenses incurred for bid and proposal costs shall be reported independently from other allowable indirect costs. 

‘‘(b) COSTS ALLOWABLE AS INDIRECT EXPENSES.—The regulations prescribed under subsection (a) shall provide that bid and proposal costs shall be allowable as indirect expenses on covered contracts, as defined in section 2324(l) of this title, to the extent that 

those costs are allocable, reasonable, and not otherwise unallowable 

by law or under the Federal Acquisition Regulation. 

‘‘(c) GOAL FOR REIMBURSABLE BID AND PROPOSAL COSTS.—The 

Secretary shall establish a goal each fiscal year limiting the amount 

of reimbursable bid and proposal costs paid by the Department of 

Defense to an amount equal to not more than one percent of the 

total aggregate industry sales to the Department of Defense. To 

achieve such goal, the Secretary may not limit the payment of allowable bid and proposal costs for the covered year. 

‘‘(d) PANEL.—(1) If the Department of Defense exceeds the goal 

established under subsection (c) for a fiscal year, within 180 days 

after exceeding the goal, the Secretary shall establish an advisory 

panel. The panel shall be supported by the Defense Acquisition University and the National Defense University, including administrative support. 

‘‘(2) The panel shall be composed of nine individuals who are 

recognized experts in acquisition and procurement policy appointed 

by the Secretary. In making such appointments, the Secretary shall 

ensure that the members of the panel reflect diverse experiences in 

the public and private sector. 

‘‘(3) The panel shall review laws, regulations, and practices that 

contribute to the expenses incurred by contractors for bids and proposals in the fiscal year concerned and recommend changes to such 

laws, regulations, and practices that may reduce expenses incurred 

by contractors for bids and proposals. 

‘‘(4)(A) Not later than six months after the establishment of the 

panel, the panel shall submit to the Secretary and the congressional 

defense committees an interim report on the findings of the panel. 

‘‘(B) Not later than one year after the establishment of the 

panel, the panel shall submit to the Secretary and the congressional defense committees a final report on the findings of the 

panel. 

‘‘(5) The panel shall terminate on the day the panel submits the 

final report under paragraph (4)(B). 

‘‘(6) The Secretary of Defense may use amounts available in the 

Department of Defense Acquisition Workforce Development Fund established under section 1705 of this title to support the activities of 

the panel established under this subsection. 

‘‘(e) EFFECTIVE DATE.—The regulations prescribed under subsection (a) shall apply to indirect costs incurred on or after October 

1, 2017.’’. 


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(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 139 of such title is amended by inserting the 

following new item: 

‘‘2372a. Bid and proposal costs: allowable costs’’. 

(c) REPORT ON ELEMENTS CONTRIBUTING TO EXPENSES INCURRED BY CONTRACTORS FOR BIDS AND PROPOSALS.— 

(1) IN GENERAL.—Not later than 90 days after the date of 

the enactment of this Act, the Secretary of Defense shall enter 

into a contract with an independent entity to study the laws, 

regulations, and practices relating to expenses incurred by contractors for bids and proposals. 

(2) REPORT.—Not later than 180 days after receipt of the 

contract required by paragraph (1), the independent entity shall 

submit to the Department of Defense and the congressional defense committees a report on the laws, regulations, or practices 

relating to expenses incurred by contractors for bids and recommendations for changes to such laws, regulations, or practices that may reduce expenses incurred by contractors for bids 

and proposals. 

(d) DEFENSE CONTRACT AUDIT AGENCY: ANNUAL REPORT.— 

(1) IN GENERAL.—Subsection (a) of section 2313a of title 10, 

United States Code, is amended— 

(A) by redesignating paragraphs (4) and (5) as paragraphs (6) and (7), respectively; and 

(B) by inserting after paragraph (3) the following new 

paragraphs: 

‘‘(3) a summary, set forth separately by dollar amount and 

percentage, of indirect costs for independent research and development incurred by contractors in the previous fiscal year; 

‘‘(4) a summary, set forth separately by dollar amount and 

percentage, of indirect costs for bid and proposal costs incurred 

by contractors in the previous fiscal year;’’. 

(2) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on October 1, 2018. 

SEC. 825. 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. 

(a) EXCEPTION TO REQUIREMENT TO INCLUDE COST OR PRICE AS

FACTOR.—Section 2305(a)(3) of title 10, United States Code, is 

amended— 

(1) in subparagraph (A)— 

(A) in clause (i), by inserting ‘‘(except as provided in 

subparagraph (C))’’ after ‘‘shall’’; and 

(B) in clause (ii), by inserting ‘‘(except as provided in 

subparagraph (C))’’ after ‘‘shall’’; and 

(2) by adding at the end the following new subparagraphs: 

‘‘(C) If the head of an agency issues a solicitation for multiple task or delivery order contracts under section 

2304a(d)(1)(B) of this title for the same or similar services and 

intends to make a contract award to each qualifying offeror— 

‘‘(i) cost or price to the Federal Government need not, 

at the Government’s discretion, be considered under clause 

(ii) of subparagraph (A) as an evaluation factor for the contract award; and 


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‘‘(ii) if, pursuant to clause (i), cost or price to the Federal Government is not considered as an evaluation factor 

for the contract award— 

‘‘(I) the disclosure requirement of clause (iii) of 

subparagraph (A) shall not apply; and 

‘‘(II) cost or price to the Federal Government shall 

be considered in conjunction with the issuance pursuant to section 2304c(b) of this title of a task or delivery 

order under any contract resulting from the solicitation. 

‘‘(D) In subparagraph (C), the term ‘qualifying offeror’ 

means an offeror that— 

‘‘(i) is determined to be a responsible source; 

‘‘(ii) submits a proposal that conforms to the requirements of the solicitation; and 

‘‘(iii) the contracting officer has no reason to believe 

would likely offer other than fair and reasonable pricing. 

‘‘(E) Subparagraph (C) shall not apply to multiple task or 

delivery order contracts if the solicitation provides for sole 

source task or delivery order contracts pursuant to section 8(a) 

of the Small Business Act (15 U.S.C. 637(a)).’’. 

(b) AMENDMENT TO PROCEDURES RELATING TO ORDERS UNDER

MULTIPLE-AWARD CONTRACTS.—Section 2304c(b) of title 10, United 

States Code, is amended— 

(1) in paragraph (3), by striking ‘‘or’’ at the end; 

(2) in paragraph (4), by striking the period at the end and 

inserting ‘‘; or’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(5) the task or delivery order satisfies one of the exceptions 

in section 2304(c) of this title to the requirement to use competitive procedures.’’. 

SEC. 826. EXTENSION OF PROGRAM FOR COMPREHENSIVE SMALL 

BUSINESS CONTRACTING PLANS. 

Section 834(e) of the National Defense Authorization Act for 

Fiscal Years 1990 and 1991 (15 U.S.C. 637 note) is amended by 

striking ‘‘December 31, 2017’’ and inserting ‘‘December 31, 2027’’. 

SEC. 827. 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. 

Section 2350a(g) of title 10, United States Code, is amended by 

inserting after paragraph (2) the following new paragraph: 

‘‘(3) The use of side-by-side testing under this subsection may be 

considered to be the use of competitive procedures for purposes of 

chapter 137 of this title, when procuring items within 5 years after 

an initial determination that the items have been successfully tested 

and found to satisfy United States military requirements or to correct operational deficiencies.’’. 

SEC. 828. DEFENSE ACQUISITION CHALLENGE PROGRAM AMENDMENTS. 

(a) EXPANSION OF SCOPE TO INCLUDE SYSTEMS-OF-SYSTEMS

AND FUNCTIONS.—Paragraph (2) of subsection (a) of section 2359b 

of title 10, United States Code, is amended by striking ‘‘or system’’ 

and all that follows through the end of the paragraph and inserting 


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the following: ‘‘system, or system-of-systems level of an existing Department of Defense acquisition program, or to address any broader 

functional challenge to Department of Defense missions that may 

not fall within an acquisition program, that would result in improvements in performance, affordability, manufacturability, or 

operational capability of that acquisition program or function.’’. 

(b) TREATMENT OF CHALLENGE PROPOSAL PROCEDURES AS USE

OF COMPETITIVE PROCEDURES.—Such section is further amended— 

(1) by redesignating subsections (j) and (k) as subsections 

(k) and (l), respectively; and 

(2) by inserting after subsection (i) the following new subsection: 

‘‘(j) TREATMENT OF USE OF CERTAIN PROCEDURES AS USE OF

COMPETITIVE PROCEDURES.—The use of general solicitation competitive procedures established under subsection (c) shall be considered to be the use of competitive procedures for purposes of chapter 

137 of this title.’’. 

(c) EXTENSION OF SUNSET FOR PILOT PROGRAM FOR PROGRAMS

OTHER THAN MAJOR DEFENSE ACQUISITION PROGRAMS.—Such section is further amended in paragraph (5) of subsection (l), as redesignated by subsection (b)(1) of this subsection, by striking ‘‘2016’’ 

and inserting ‘‘2021’’. 

(d) CONFORMING AMENDMENTS.—Such section is further 

amended— 

(1) in subsection (c)(3), by inserting ‘‘or functions’’ after ‘‘acquisition programs’’; 

(2) in subsection (c)(4)(A)— 

(A) by striking ‘‘and’’ at the end of clause (i); 

(B) by striking the period at the end of clause (ii) and 

inserting ‘‘; and’’; and 

(C) by adding at the end the following new clause: 

‘‘(iii) any functional challenges of importance to Department of Defense missions.’’; 

(3) in subsection (c)(5), by adding at the end the following 

new subparagraph: 

‘‘(D) Whether the challenge proposal is likely to result 

in improvements to any functional challenges of importance 

to Department of Defense missions, and whether the proposal could be implemented rapidly, at an acceptable cost, 

and without unacceptable disruption to such missions.’’; 

and 

(4) in subsection (c)(5)(B) and in subsection (e)(1), by striking ‘‘or system’’ and inserting ‘‘system, or system-of-systems’’. 

SEC. 829. PREFERENCE FOR FIXED-PRICE CONTRACTS. 

(a) ESTABLISHMENT OF PREFERENCE.—Not later than 180 days 

after the date of the enactment of this Act, the Defense Federal Acquisition Regulation Supplement shall be revised to establish a preference for fixed-price contracts, including fixed-price incentive fee 

contracts, in the determination of contract type. 

(b) APPROVAL REQUIREMENT FOR CERTAIN COST-TYPE CONTRACTS.— 

(1) IN GENERAL.—A contracting officer of the Department of 

Defense may not enter into a cost-type contract described in 

paragraph (2) unless the contract is approved by the service acquisition executive of the military department concerned, the 


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head of the Defense Agency concerned, the commander of the 

combatant command concerned, or the Under Secretary of Defense for Acquisition, Technology, and Logistics (as applicable). 

(2) COVERED CONTRACTS.—A contract described in this 

paragraph is— (A) a cost-type contract in excess of $50,000,000, in the 

case of a contract entered into on or after October 1, 2018, 

and before October 1, 2019; and (B) a cost-type contract in excess of $25,000,000, in the 

case of a contract entered into on or after October 1, 2019. 

SEC. 830. REQUIREMENT TO USE FIRM FIXED-PRICE CONTRACTS FOR 

FOREIGN MILITARY SALES. 

(a) REQUIREMENT.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall prescribe 

regulations to require the use of firm fixed-price contracts for foreign 

military sales. 

(b) EXCEPTIONS.—The regulations prescribed pursuant to subsection (a) shall include exceptions that may be exercised if the foreign country that is the counterparty to a foreign military sale— 

(1) has established in writing a preference for a different 

contract type; or 

(2) requests in writing that a different contract type be used 

for a specific foreign military sale. 

(c) WAIVER AUTHORITY.—The regulations prescribed pursuant 

to subsection (a) shall include a waiver that may be exercised by the 

Secretary of Defense or his designee if the Secretary or his designee 

determines on a case-by-case basis that a different contract type is 

in the best interest of the United States and American taxpayers. 

(d) PILOT PROGRAM FOR ACCELERATION OF FOREIGN MILITARY

SALES.— (1) IN GENERAL.—The Secretary of Defense shall establish 

a pilot program to reform and accelerate the contracting and 

pricing processes associated with full rate production of major 

weapon systems for no more than 10 foreign military sales contracts by— 

(A) basing price reasonableness determinations on actual cost and pricing data for purchases of the same product for the Department of Defense; and 

(B) reducing the cost and pricing data to be submitted 

in accordance with section 2306a of title 10, United States 

Code. 

(2) EXPIRATION OF AUTHORITY.—Authority for the pilot program under this subsection expires on January 1, 2020. 

SEC. 831. PREFERENCE FOR PERFORMANCE-BASED CONTRACT PAYMENTS. 

(a) IN GENERAL.—Section 2307(b) of title 10, United States 

Code, is amended— 

(1) in the subsection heading, by inserting ‘‘PREFERENCE

FOR’’ before ‘‘PERFORMANCE-BASED’’; 

(2) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; 

(3) by striking ‘‘Wherever practicable, payment under subsection (a) shall be made’’ and inserting ‘‘(1) Whenever practicable, payments under subsection (a) shall be made using performance-based payments’’; and 


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(4) by adding at the end the following new paragraphs: 

‘‘(2) Performance-based payments shall not be conditioned upon 

costs incurred in contract performance but on the achievement of 

performance outcomes listed in paragraph (1). 

‘‘(3) The Secretary of Defense shall ensure that nontraditional 

defense contractors and other private sector companies are eligible 

for performance-based payments, consistent with best commercial 

practices. 

‘‘(4)(A) In order to receive performance-based payments, a contractor’s accounting system shall be in compliance with Generally 

Accepted Accounting Principles, and there shall be no requirement 

for a contractor to develop Government-unique accounting systems 

or practices as a prerequisite for agreeing to receive performancebased payments. 

‘‘(B) Nothing in this section shall be construed to grant the Defense Contract Audit Agency the authority to audit compliance with 

Generally Accepted Accounting Principles.’’. 

(b) REGULATIONS.—Not later than 120 days after the date of the 

enactment of this Act, the Secretary of Defense shall revise the Department of Defense Federal Acquisition Regulation Supplement to 

conform with section 2307(b) of title 10, United States Code, as 

amended by subsection (a). 

SEC. 832. CONTRACTOR INCENTIVES TO ACHIEVE SAVINGS AND IMPROVE MISSION PERFORMANCE. 

Not later than 180 days after the date of the enactment of this 

Act, the Defense Acquisition University shall develop and implement 

a training program for Department of Defense acquisition personnel 

on fixed-priced incentive fee contracts, public-private partnerships, 

performance-based contracting, and other authorities in law and 

regulation designed to give incentives to contractors to achieve longterm savings and improve administrative practices and mission performance. 

SEC. 833. SUNSET AND REPEAL OF CERTAIN CONTRACTING PROVISIONS. 

(a) SUNSETS.— 

(1) PLANTATIONS AND FARMS: OPERATION, MAINTENANCE, 

AND IMPROVEMENT.—Section 2421 of title 10, United States 

Code, is amended by adding at the end the following new subsection: 

‘‘(e) SUNSET.—The authority under this section shall terminate 

on September 30, 2018.’’. 

(2) REQUIREMENT TO ESTABLISH COST, PERFORMANCE, AND

SCHEDULE GOALS FOR MAJOR DEFENSE ACQUISITION PROGRAMS

AND EACH PHASE OF RELATED ACQUISITION CYCLES.—Section 

2220 of title 10, United States Code, is amended by adding at 

the end the following new subsection: 

‘‘(c) SUNSET.—The authority under this section shall terminate 

on September 30, 2018.’’. 

(b) REPEALS.— 

(1) LIMITATION ON USE OF OPERATION AND MAINTENANCE

FUNDS FOR PURCHASE OF INVESTMENT ITEMS.— 

(A) IN GENERAL.—Section 2245a of title 10, United 

States Code, is repealed. 


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(B) CLERICAL AMENDMENT.—The table of sections at 

the beginning of subchapter I of chapter 134 of such title 

is amended by striking the item relating to section 2245a. 

(C) CONFORMING AMENDMENT.—Section 166a(e)(1)(A) 

of such title is amended by striking ‘‘the investment unit 

cost threshold in effect under section 2245a of this title’’ 

and inserting ‘‘$250,000’’. 

(2) INFORMATION TECHNOLOGY PURCHASES: TRACKING AND

MANAGEMENT.— 

(A) IN GENERAL.—Section 2225 of title 10, United 

States Code, is repealed. 

(B) CLERICAL AMENDMENT.—The table of sections at 

the beginning of chapter 131 of such title is amended by 

striking the item relating to section 2225. 

(C) CONFORMING AMENDMENTS.— 

(i) Section 812 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public 

Law 106–393; 114 Stat. 1654A–213; 10 U.S.C. 2225 

note) is amended by striking subsections (b) and (c). 

(ii) Section 2330a(j) of title 10, United States Code, 

is amended— 

(I) by striking paragraph (2); 

(II) by redesignating paragraphs (3), (4), and 

(5) as paragraphs (2), (3), and (4), respectively; 

and 

(III) by adding at the end the following new 

paragraphs: 

‘‘(5) SIMPLIFIED ACQUISITION THRESHOLD.—The term ‘simplified acquisition threshold’ has the meaning given the term in 

section 134 of title 41. 

‘‘(6) SMALL BUSINESS ACT DEFINITIONS.— 

‘‘(A) The term ‘small business concern’ has the meaning 

given such term under section 3 of the Small Business Act 

(15 U.S.C. 632). 

‘‘(B) The terms ‘small business concern owned and controlled by socially and economically disadvantaged individuals’ and ‘small business concern owned and controlled by 

women’ have the meanings given such terms, respectively, 

in section 8(d)(3) of the Small Business Act (15 U.S.C. 

637(d)(3)).’’. 

(iii) Section 222(d) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 

10 U.S.C. 2358 note) is amended by striking ‘‘as defined in section 2225(f)(3)’’ and inserting ‘‘as defined in 

section 2330a(j)’’. 

(3) PROCUREMENT OF COPIER PAPER CONTAINING SPECIFIED

PERCENTAGES OF POST-CONSUMER RECYCLED CONTENT.— 

(A) IN GENERAL.—Section 2378 of title 10, United 

States Code, is repealed. 

(B) CLERICAL AMENDMENT.—The table of sections at 

the beginning of chapter 140 of such title is amended by 

striking the item relating to section 2378. 

(4) LIMITATION ON PROCUREMENT OF TABLE AND KITCHEN

EQUIPMENT FOR OFFICERS’ QUARTERS.— 


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(A) IN GENERAL.—Section 2387 of title 10, United 

States Code, is repealed. 

(B) CLERICAL AMENDMENT.—The table of sections at 

the beginning of chapter 141 of such title is amended by 

striking the item relating to section 2387. 

(5) IMPLEMENTATION OF ELECTRONIC COMMERCE CAPA- BILITY.— (A) REPEAL.— (i) Section 2302c of title 10, United States Code, is 

repealed. 

(ii) Section 2301 of title 41, United States Code, is 

amended by adding at the end the following new subsection: 

‘‘(f) INAPPLICABILITY TO DEPARTMENT OF DEFENSE.—In this section, the term ‘executive agency’ does not include the Department of 

Defense.’’. 

(B) CLERICAL AMENDMENT.—The table of sections at 

the beginning of chapter 137 of such title is amended by 

striking the item relating to section 2302c. 

SEC. 834. FLEXIBILITY IN CONTRACTING AWARD PROGRAM. 

(a) ESTABLISHMENT OF AWARD PROGRAM.—The Secretary of Defense shall create an award to recognize those acquisition programs 

and professionals that make the best use of the flexibilities and authorities granted by the Federal Acquisition Regulation and Department of Defense Instruction 5000.02 (Operation of the Defense Acquisition System). 

(b) PURPOSE OF AWARD.—The award established under subsection (a) shall recognize outstanding performers whose approach 

to program management emphasizes innovation and local adaptation, including the use of— 

(1) simplified acquisition procedures; 

(2) inherent flexibilities within the Federal Acquisition Regulation; 

(3) commercial contracting approaches; 

(4) public-private partnership agreements and practices; 

(5) cost-sharing arrangements; 

(6) innovative contractor incentive practices; and 

(7) other innovative implementations of acquisition flexibilities. 

SEC. 835. PROTECTION OF TASK ORDER COMPETITION. 

(a) AMENDMENT TO VALUE OF AUTHORIZED TASK ORDER PROTESTS.—Section 2304c(e)(1)(B) of title 10, United States Code, is 

amended by striking ‘‘$10,000,000’’ and inserting ‘‘$25,000,000’’. 

(b) REPEAL OF EFFECTIVE DATE.—Section 4106(f) of title 41, 

United States Code, is amended by striking paragraph (3). 

SEC. 836. CONTRACT CLOSEOUT AUTHORITY. 

(a) AUTHORITY.—The Secretary of Defense may close out a contract or group of contracts as described in subsection (b) through the 

issuance of one or more modifications to such contracts without 

completing a reconciliation audit or other corrective action. To accomplish closeout of such contracts— 

(1) remaining contract balances may be offset with balances 

in other contract line items within a contract regardless of the 

year or type of appropriation obligated to fund each contract 


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line item and regardless of whether the appropriation for such 

contract line item has closed; and 

(2) remaining contract balances may be offset with balances 

on other contracts regardless of the year or type of appropriation obligated to fund each contract and regardless of whether 

the appropriation has closed. 

(b) COVERED CONTRACTS.—This section covers any contract or 

group of contracts between the Department of Defense and a defense 

contractor, each one of which— 

(1) was entered into prior to fiscal year 2000; 

(2) has no further supplies or services deliverables due 

under the terms and conditions of the contract; and 

(3) is determined by the Secretary of Defense to be not otherwise reconcilable because— 

(A) the records have been destroyed or lost; or 

(B) the records are available but the Secretary of Defense has determined that the time or effort required to determine the exact amount owed to the United States Government or amount owed to the contractor is disproportionate to the amount at issue. 

(c) NEGOTIATED SETTLEMENT AUTHORITY.—Any contract or 

group of contracts covered by this section may be closed out through 

a negotiated settlement with the contractor. 

(d) WAIVER AUTHORITY.— 

(1) IN GENERAL.—The Secretary of Defense is authorized to 

waive any provision of acquisition law or regulation to carry 

out the authority under subsection (a). 

(2) NOTIFICATION REQUIREMENT.—The Secretary of Defense 

shall notify the congressional defense committees not later than 

10 days after exercising the authority under subsection (d). The 

notice shall include an identification of each provision of law 

or regulation waived. 

(e) ADJUSTMENT AND CLOSURE OF RECORDS.—After closeout of 

any contract described in subsection (b) using the authority under 

this section, the payment or accounting offices concerned may adjust 

and close any open finance and accounting records relating to the 

contract. 

(f) NO LIABILITY.—No liability shall attach to any accounting, 

certifying, or payment official, or any contracting officer, for any adjustments or closeout made pursuant to the authority under this section. 

(g) REGULATIONS.—The Secretary of Defense shall prescribe regulations for the administration of the authority under this section. 

SEC. 837. CLOSEOUT OF OLD DEPARTMENT OF THE NAVY CONTRACTS. 

(a) AUTHORITY.—The Secretary of the Navy may close out contracts described in subsection (b) through the issuance of one or 

more modifications to such contracts without completing further reconciliation audits or corrective actions other than those described in 

this section. To accomplish closeout of such contracts— 

(1) remaining contract balances may be offset with balances 

in other contract line items within a contract regardless of the 

year or type of appropriation obligated to fund each contract 

line item and regardless of whether the appropriation for such 

contract line item has closed; and 


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(2) remaining contract balances may be offset with balances 

on other contracts regardless of the year or type of appropriation obligated to fund each contract and regardless of whether 

the appropriation has closed. 

(b) CONTRACTS COVERED.—The contracts covered by this section 

are a group of contracts that are with one contractor and identified 

by the Secretary, each one of which is a contract— 

(1) to design, construct, repair, or support the construction 

or repair of Navy submarines that— 

(A) was entered into between fiscal years 1974 and 

1998; and 

(B) has no further supply or services deliverables due 

under the terms and conditions of the contract; 

(2) with respect to which the Secretary of the Navy has established the total final contract value; and 

(3) with respect to which the Secretary of the Navy has determined that the final allowable cost may have a negative or 

positive unliquidated obligation balance for which it would be 

difficult to determine the year or type of appropriation because— 

(A) the records for the contract have been destroyed or 

lost; or 

(B) the records for the contract are available but the 

contracting officer, in collaboration with the certifying official, has determined that a discrepancy is of such a minimal value that the time and effort required to determine 

the cause of an out-of-balance condition is disproportionate 

to the amount of the discrepancy. 

(c) CLOSEOUT TERMS.—The contracts described in subsection (b) 

may be closed out— 

(1) upon receipt of $581,803 from the contractor to be deposited into the Treasury as miscellaneous receipts; 

(2) without seeking further amounts from the contractor; 

and 

(3) without payment to the contractor of any amounts that 

may be due under any such contracts. 

(d) WAIVER AUTHORITY.— 

(1) IN GENERAL.—The Secretary of the Navy is authorized 

to waive any provision of acquisition law or regulation to carry 

out the authority under subsection (a). 

(2) NOTIFICATION REQUIREMENT.—The Secretary of the 

Navy shall notify the congressional defense committees not later 

than 10 days after exercising the authority under paragraph 

(1). The notice shall include an identification of each provision 

of law or regulation waived. 

(e) ADJUSTMENT AND CLOSURE OF RECORDS.—After closeout of 

any contract described in subsection (b) using the authority under 

this section, the payment or accounting offices concerned may adjust 

and close any open finance and accounting records relating to the 

contract. 

(f) NO LIABILITY.—No liability shall attach to any accounting, 

certifying, or payment official or contracting officer for any adjustments or closeout made pursuant to the authority under this section. 


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(g) EXPIRATION OF AUTHORITY.—The authority under this section shall expire upon receipt of the funds identified in subsection 

(c)(1). 

Subtitle D—Provisions Relating to Major Defense Acquisition 

Programs 

SEC. 841. CHANGE IN DATE OF SUBMISSION TO CONGRESS OF SELECTED ACQUISITION REPORTS. 

Section 2432(f) of title 10, United States Code, is amended by 

striking ‘‘45’’ the first place it occurs and inserting ‘‘30’’. 

SEC. 842. AMENDMENTS RELATING TO INDEPENDENT COST ESTIMATION AND COST ANALYSIS. 

(a) AMENDMENTS.—Section 2334 of title 10, United States Code, 

is amended— 

(1) in subsection (a)(3), by striking ‘‘selection of confidence 

levels’’ both places it appears and inserting ‘‘discussion of risk’’; 

(2) in subsection (a)(6)— 

(A) by inserting ‘‘or approve’’ after ‘‘conduct’’; 

(B) by striking ‘‘major defense acquisition programs’’ 

and all that follows through ‘‘Authority—’’ and inserting 

‘‘all major defense acquisition programs and major subprograms—’’; and 

(C) in subparagraph (B), by striking ‘‘or upon the request’’ and all that follows through the semicolon at the 

end and inserting ‘‘, upon the request of the Under Secretary of Defense for Acquisition, Technology, and Logistics, 

or upon the request of the milestone decision authority’’; 

(3) by redesignating subsections (b), (c), (d), (e), and (f) as 

subsections (c), (d), (e), (f), and (h), respectively; 

(4) by inserting after subsection (a) the following new subsection (b): 

‘‘(b) INDEPENDENT COST ESTIMATE REQUIRED BEFORE APPROVAL.—(1) A milestone decision authority may not approve entering a milestone phase of a major defense acquisition program or 

major subprogram unless an independent cost estimate has been 

conducted or approved by the Director of Cost Assessment and Program Evaluation and considered by the milestone decision authority 

that— 

‘‘(A) for the technology maturation and risk reduction 

phase, includes the identification and sensitivity analysis of key 

cost drivers that may affect life-cycle costs of the program or 

subprogram; and 

‘‘(B) for the engineering and manufacturing development 

phase, or production and deployment phase, includes a cost estimate of the full life-cycle cost of the program or subprogram. 

‘‘(2) The regulations governing the content and submission of 

independent cost estimates required by subsection (a) shall require 

that the independent cost estimate of the full life-cycle cost of a program or subprogram include— 

‘‘(A) all costs of development, procurement, military construction, operations and support, and trained manpower to operate, maintain, and support the program or subprogram upon 

full operational deployment, without regard to funding source 

or management control; and 


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‘‘(B) an analysis to support decisionmaking that identifies 

and evaluates alternative courses of action that may reduce cost 

and risk, and result in more affordable programs and less costly systems.’’; 

(5) in subsection (d), as so redesignated, in paragraph (3), 

by striking ‘‘confidence level’’ and inserting ‘‘discussion of risk’’; 

(6) in subsection (e), as so redesignated— 

(A) by amending the subsection heading to read as follows: ‘‘DISCUSSION OF RISK IN COST ESTIMATES.—’’; 

(B) by amending paragraph (1) to read as follows: 

‘‘(1) issue guidance requiring a discussion of risk, the potential impacts of risk on program costs, and approaches to 

mitigate risk in cost estimates for major defense acquisition programs and major subprograms;’’; 

(C) in paragraph (2)— 

(i) by striking ‘‘such confidence level provides’’ and 

inserting ‘‘cost estimates are developed, to the extent 

practicable, based on historical actual cost information 

that is based on demonstrated contractor and Government performance and that such estimates provide’’; 

and 

(ii) by inserting ‘‘or subprogram’’ after ‘‘the program’’; and 

(D) in paragraph (3), by striking ‘‘disclosure required 

by paragraph (1)’’ and inserting ‘‘information required in 

the guidance under paragraph (1)’’; and 

(7) by inserting after subsection (f), as so redesignated, the 

following new subsection: 

‘‘(g) GUIDELINES AND COLLECTION OF COST DATA.—(1) The Director of Cost Assessment and Program Evaluation shall, in consultation with the Under Secretary of Defense for Acquisition, Technology, and Logistics, develop policies, procedures, guidance, and a 

collection method to ensure that quality acquisition cost data are 

collected to facilitate cost estimation and comparison across acquisition programs. 

‘‘(2) The program manager and contracting officer for each ac- quisition program in an amount greater than $100,000,000, in consultation with the cost estimating component of the relevant military department or Defense Agency, shall ensure that cost data are 

collected in accordance with the requirements of paragraph (1). 

‘‘(3) The requirement under paragraph (1) may be waived only 

by the Director of Cost Assessment and Program Evaluation.’’. 

(b) CONFORMING AMENDMENTS TO ADD SUBPROGRAMS.—Section 2334 of such title is further amended— 

(1) in subsection (a)(2), by inserting ‘‘or major subprogram’’ 

before ‘‘under chapter 144’’; 

(2) in paragraphs (3), (4), and (5) of subsection (a) and in 

subsection (c)(1) (as redesignated by subsection (a) of this section), by striking ‘‘major defense acquisition programs and 

major automated information system programs’’ and inserting 

‘‘major defense acquisition programs and major subprograms’’ 

each place it appears; 

(3) in paragraphs (1) and (2) of subsection (d) (as so redesignated), and in subsection (f)(4) (as so redesignated), by striking ‘‘major defense acquisition program or major automated inVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 00334 Fmt 6659 Sfmt 6603 E:\HR\OC\HR840.XXX HR840

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formation system program’’ and inserting ‘‘major defense acquisition program or major subprogram’’ each place it appears; 

(4) in subsection (d)(4) (as so redesignated), by inserting before the period ‘‘or major subprogram’’; 

(5) in subsection (e)(3)(B) (as so redesignated), by inserting 

‘‘or major subprogram’’ after ‘‘major defense acquisition program’’; and 

(6) in subsection (f)(3) (as so redesignated), by striking 

‘‘major defense acquisition program and major automated information system program’’ and inserting ‘‘major defense acquisition program and major subprogram’’. 

(c) REPEAL.—Chapter 144 of such title is amended— 

(1) by striking section 2434; and 

(2) in the table of sections at the beginning of such chapter, 

by striking the item relating to such section. 

SEC. 843. REVISIONS TO MILESTONE B DETERMINATIONS. 

Section 2366b(a)(3) of title 10, United States Code, is amended— 

(1) in subparagraph (B), by striking ‘‘acquisition cost in’’ 

and all that follows through the semicolon, and inserting ‘‘lifecycle cost;’’; and 

(2) in subparagraph (D), by striking ‘‘funding is’’ and all 

that follows through ‘‘made,’’ and inserting ‘‘funding is expected 

to be available to execute the product development and production plan for the program,’’. 

SEC. 844. REVIEW AND REPORT ON SUSTAINMENT PLANNING IN THE 

ACQUISITION PROCESS. 

(a) REQUIREMENT FOR REVIEW.—The Secretary of Defense shall 

conduct a review of the extent to which sustainment matters are 

considered in decisions related to the requirements, research and development, acquisition, cost estimating, and programming and 

budgeting processes for major defense acquisition programs. The review shall include the following: 

(1) A determination of whether information related to the 

operation and sustainment of major defense acquisition programs, including cost data and intellectual property requirements, is available to inform decisions made during those processes. 

(2) If such information exists, an evaluation of the completeness, timeliness, quality, and suitability of the information 

for aiding in decisions made during those processes. 

(3) A determination of whether information related to the 

operation and sustainment of existing major weapon systems is 

used to forecast the operation and sustainment needs of major 

weapon systems proposed for or under development. 

(4) A description of the potential benefits from improved 

completeness, timeliness, quality, and suitability of data on operation and support costs and increased consideration of such 

data. 

(5) Recommendations for improving access to, analyses of, 

and consideration of operation and support cost data. 

(6) An assessment of product support strategies for major 

weapon systems required by section 2337 of title 10, United 


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States Code, or other similar life-cycle sustainment strategies, 

including an evaluation of— 

(A) the stage at which such strategies are developed 

during the life of a major weapon system; 

(B) the content and completeness of such strategies, including whether such strategies address— 

(i) all aspects of total life-cycle management of a 

major weapon system, including product support, logistics, product support engineering, supply chain integration, maintenance, and software sustainment; and 

(ii) the capabilities, capacity, and resource constraints of the organic industrial base and the materiel 

commands of the military department concerned; 

(C) the extent to which such strategies or their elements 

are or should be incorporated into the acquisition strategy 

required by section 2431a of title 10, United States Code; 

(D) the extent to which such strategies influence the 

planning for major defense acquisition programs; and 

(E) the extent to which such strategies influence decisions related to the life-cycle management and product support of major weapon systems. 

(7) An assessment of how effectively the military departments consider sustainment matters at key decision points for 

acquisition and life-cycle management in accordance with the 

requirements of sections 2431a, 2366a, 2366b, and 2337 of title 

10, United States Code, and section 832 of the National Defense 

Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 

U.S.C. 2430 note). 

(8) Recommendations for improving the consideration of 

sustainment during the requirements, acquisition, cost estimating, programming and budgeting processes. 

(9) An assessment of whether research and development efforts and adoption of commercial technologies is prioritized to 

reduce sustainment costs. 

(10) An assessment of whether alternate financing methods, 

including share-in-savings approaches, public-private partnerships, and energy savings performance contracts, could be used 

to encourage the development and adoption of technologies and 

practices that will reduce sustainment costs. 

(11) An assessment of private sector best practices in assessing and reducing sustainment costs for complex systems. 

(b) AGREEMENT WITH INDEPENDENT ENTITY.—Not later than 60 

days after the date of the enactment of this Act, the Secretary shall 

enter into an agreement with an independent entity with appropriate expertise to conduct the review required by subsection (a). The 

Secretary shall ensure that the independent entity has access to all 

data, information, and personnel required, and is funded, to satisfactorily complete the review required by subsection (a). The agreement also shall require the entity to provide to the Secretary a report on the findings of the entity. 

(c) BRIEFING.—Not later than April 1, 2017, the Secretary shall 

provide a briefing to the Committees on Armed Services of the Senate and House of Representatives on the preliminary findings of the 

independent entity. 


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(d) SUBMISSION TO CONGRESS.—Not later than August 1, 2017, 

the Secretary shall submit to the congressional defense committees 

a copy of the report of the independent entity, along with comments 

on the report, proposed revisions or clarifications to laws related to 

lifecycle management or sustainment planning for major weapon 

systems, and a description of any actions the Secretary may take to 

revise or clarify regulations and practices related to life-cycle management or sustainment planning for major weapon systems. 

SEC. 845. REVISION TO DISTRIBUTION OF ANNUAL REPORT ON OPERATIONAL TEST AND EVALUATION. 

Section 139(h) of title 10, United States Code, is amended— 

(1) in paragraph (2)— 

(A) by inserting ‘‘the Secretaries of the military departments,’’ after ‘‘Logistics,’’; and 

(B) by striking ‘‘10 days’’ and all that follows through 

‘‘title 31’’ and inserting ‘‘January 31 of each year, through 

January 31, 2021’’; and 

(2) in paragraph (5), by inserting after ‘‘Secretary’’ the following: ‘‘of Defense and the Secretaries of the military departments’’. 

SEC. 846. REPEAL OF MAJOR AUTOMATED INFORMATION SYSTEMS 

PROVISIONS. 

Effective September 30, 2017— 

(1) chapter 144A of title 10, United States Code, is repealed; 

(2) the tables of chapters at the beginning of subtitle A of 

such title, and at the beginning of part IV of subtitle A, are 

amended by striking the item relating to chapter 144A; and 

(3) section 2334(a)(2) of title 10, United States Code, is 

amended by striking ‘‘or a major automated information system 

under chapter 144A of this title’’. 

SEC. 847. REVISIONS TO DEFINITION OF MAJOR DEFENSE ACQUISITION PROGRAM. 

(a) IN GENERAL.—Section 2430 of title 10, United States Code, 

is amended in subsection (a)— 

(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; 

(2) by striking ‘‘In this chapter’’ and inserting ‘‘(1) Except 

as provided under paragraph (2), in this chapter’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(2) In this chapter, the term ‘major defense acquisition program’ does not include an acquisition program or project that is 

carried out using the rapid fielding or rapid prototyping acquisition 

pathway under section 804 of the National Defense Authorization 

Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 

note).’’. 

(b) ANNUAL REPORTING.—The Secretary of Defense shall include in each comprehensive annual Selected Acquisition Report 

submitted under section 2432 of title 10, United States Code, a listing of all programs or projects being developed or procured under 

the exceptions to the definition of major defense acquisition program 

set forth in paragraph (2) of section 2430(a) of United States Code, 

as added by subsection (a)(1)(C) of this section. 


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SEC. 848. ACQUISITION STRATEGY. 

Section 2431a of title 10, United States Code, is amended— 

(1) in subsection (b), by inserting ‘‘, or the milestone decision authority, when the milestone decision authority is the 

service acquisition executive of the military department that is 

managing the program,’’ after ‘‘the Under Secretary of Defense 

for Acquisition, Technology, and Logistics’’; 

(2) in subsection (c)— 

(A) in paragraph (1), by inserting ‘‘, or the milestone 

decision authority, when the milestone decision authority is 

the service acquisition executive of the military department 

that is managing the program,’’ after ‘‘the Under Secretary’’; and 

(B) in paragraph (2)(C), by striking ‘‘, in accordance 

with section 2431b of this title’’; and 

(3) in subsection (d)— 

(A) in paragraph (1), by striking ‘‘(1) Subject to the authority, direction, and control of the Under Secretary of Defense for Acquisition, Technology, and Logistics, the’’ and 

inserting ‘‘The’’; and 

(B) in paragraph (2), by inserting ‘‘because of a change 

described in paragraph (1)(F)’’ after ‘‘for a program or system’’. 

SEC. 849. IMPROVED LIFE-CYCLE COST CONTROL. 

(a) MODIFIED GUIDANCE FOR RAPID FIELDING PATHWAY.—Section 804(c)(3) of the National Defense Authorization Act for Fiscal 

Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note) is amended— 

(1) in subparagraph (C), by striking ‘‘; and’’ and inserting 

a semicolon; 

(2) in subparagraph (D), by striking the period at the end 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(E) a process for identifying and exploiting opportunities to use the rapid fielding pathway to reduce total ownership costs.’’. 

(b) LIFE-CYCLE COST MANAGEMENT.—Section 805(2) of such Act 

(Public Law 114–92; 10 U.S.C. 2302 note) is amended by inserting 

‘‘life-cycle cost management,’’ after ‘‘budgeting,’’. 

(c) SUSTAINMENT REVIEWS.— 

(1) IN GENERAL.—Chapter 144 of title 10, United States 

Code, is amended by adding at the end the following new section: 

‘‘§ 2441. Sustainment reviews 

‘‘(a) IN GENERAL.—The Secretary of each military department 

shall conduct a sustainment review of each major weapon system 

not later than five years after declaration of initial operational capability of a major defense acquisition program and throughout the 

life cycle of the weapon system to assess the product support strategy, performance, and operation and support costs of the weapon 

system. For any review after the first one, the Secretary concerned 

shall use availability and reliability thresholds and cost estimates 

as the basis for the circumstances that prompt such a review. The 

results of the sustainment review shall be documented in a memorandum by the relevant decision authority. 


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‘‘(b) ELEMENTS.—At a minimum, the review required under 

subsection (a) shall include the following elements: 

‘‘(1) An independent cost estimate for the remainder of the 

life cycle of the program. 

‘‘(2) A comparison of actual costs to the amount of funds 

budgeted and appropriated in the previous five years, and if 

funding shortfalls exist, an explanation of the implications on 

equipment availability. 

‘‘(3) A comparison between the assumed and achieved system reliabilities. 

‘‘(4) An analysis of the most cost-effective source of repairs 

and maintenance. 

‘‘(5) An evaluation of the cost of consumables and depotlevel repairables. 

‘‘(6) An evaluation of the costs of information technology, 

networks, computer hardware, and software maintenance and 

upgrades. 

‘‘(7) As applicable, an assessment of the actual fuel efficiencies compared to the projected fuel efficiencies as demonstrated in tests or operations. 

‘‘(8) As applicable, a comparison of actual manpower requirements to previous estimates. 

‘‘(9) An analysis of whether accurate and complete data are 

being reported in the cost systems of the military department 

concerned, and if deficiencies exist, a plan to update the data 

and ensure accurate and complete data are submitted in the future. 

‘‘(c) COORDINATION.—The review required under subsection (a) 

shall be conducted in coordination with the requirements of section 

2337 of this title and section 832 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2430 

note).’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the 

following new item: 

‘‘2441. Sustainment reviews.’’. 

(d) COMMERCIAL OPERATIONAL AND SUPPORT SAVINGS INITIA- TIVE.— (1) IN GENERAL.—The Secretary of Defense may establish a 

commercial operational and support savings initiative to improve readiness and reduce operations and support costs by inserting existing commercial items or technology into military 

legacy systems through the rapid development of prototypes and 

fielding of production items based on current commercial technology. 

(2) PROGRAM PRIORITY.—The commercial operational and 

support savings initiative shall fund programs that— 

(A) reduce the costs of owning and operating a military 

system, including the costs of personnel, consumables, 

goods and services, and sustaining the support and investment associated with the peacetime operation of a weapon 

system; 

(B) take advantage of the commercial sector’s technological innovations by inserting commercial technology into 

fielded weapon systems; and 


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(C) emphasize prototyping and experimentation with 

new technologies and concepts of operations. 

(3) FUNDING PHASES.— 

(A) IN GENERAL.—Projects funded under the commercial operational and support savings initiative shall consist 

of two phases, Phase I and Phase II. 

(B) PHASE I.—(i) Funds made available during Phase 

I shall be used to perform the non-recurring engineering, 

testing, and qualification that are typically needed to adapt 

a commercial item or technology for use in a military system. 

(ii) Phase I shall include— 

(I) establishment of cost and performance metrics 

to evaluate project success; 

(II) establishment of a transition plan and agreement with a military department or Defense Agency for 

adoption and sustainment of the technology or system; 

and 

(III) the development, fabrication, and delivery of 

a demonstrated prototype to a military department for 

installation into a fielded Department of Defense system. 

(iii) Programs shall be terminated if no agreement is 

established within two years of project initiation. 

(iv) The Office of the Secretary of Defense may provide 

up to 50 percent of Phase I funding for a project. The military department or Defense Agency concerned may provide 

the remainder of Phase I funding, which may be provided 

out of operation and maintenance funding. 

(v) Phase I funding shall not exceed three years. 

(vi) Phase I projects shall be selected based on a meritbased process using criteria to be established by the Secretary of Defense. 

(C) PHASE II.—(i) Phase II shall include the purchase 

of limited production quantities of the prototype kits and 

transition to a program of record for continued 

sustainment. 

(ii) Phase II awards may be made without competition 

if general solicitation competitive procedures were used for 

the selection of parties for participation in a Phase I 

project. 

(iii) Phase II awards may be made as firm fixed-price 

awards. 

(4) TREATMENT AS COMPETITIVE PROCEDURES.—The use of 

a merit-based process for selection of projects under the commercial operational and support savings initiative shall be considered to be the use of competitive procedures for purposes of 

chapter 137 of title 10, United States Code. 

SEC. 850. AUTHORITY TO DESIGNATE INCREMENTS OR BLOCKS OF 

ITEMS DELIVERED UNDER MAJOR DEFENSE ACQUISITION 

PROGRAMS AS MAJOR SUBPROGRAMS FOR PURPOSES OF 

ACQUISITION REPORTING. 

Section 2430a(1)(B) of title 10, United States Code, is amended 

by striking ‘‘major defense acquisition program to purchase satellites requires the delivery of satellites in two or more increments 


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or blocks’’ and inserting ‘‘major defense acquisition program requires the delivery of two or more increments or blocks’’. 

SEC. 851. REPORTING OF SMALL BUSINESS PARTICIPATION ON DEPARTMENT OF DEFENSE PROGRAMS. 

(a) REPORT REQUIREMENT.—Not later than March 31 of each 

year, the Secretary of Defense shall submit to the congressional defense committees a report covering the following matters for the preceding fiscal year: 

(1) For each prime contract goal established by section 

15(g)(1)(A) of the Small Business Act (15 U.S.C. 644(g)(1)(A)), 

the total value and percentage of prime contracts awarded by 

the Department of Defense and attributed to each prime contract goal for prime contracts awarded for major defense acquisition programs. 

(2) For each subcontract goal established by section 

15(g)(1)(A) of the Small Business Act (15 U.S.C. 644(g)(1)(A)), 

the total value and percentage of first tier subcontract awards 

attributed to each subcontract goal for subcontracts awarded in 

support of prime contracts awarded by the Department of Defense for major defense acquisition programs. 

(3) For the prime contract and subcontract goals negotiated 

with the Department of Defense pursuant to section 15(g)(2) of 

the Small Business Act (15 U.S.C. 644(g)(2))— 

(A) the information reported by the Department of Defense to the Small Business Administration pursuant to 

section 15(h)(1) of the Small Business Act (15 U.S.C. 

644(h)(1)); and 

(B) the information required by subparagraph (A) calculated after excluding— 

(i) contracts awarded pursuant to chapter 85 of 

title 41, United States Code (popularly referred to as 

the Javits-Wagner-O’Day Act); 

(ii) contracts awarded to the American Institute in 

Taiwan; 

(iii) contracts awarded and performed outside of 

the United States; 

(iv) acquisition on behalf of foreign governments, 

entities, or international organizations; and 

(v) contracts for major defense acquisition programs. 

(b) SUNSET.—The requirement to submit a report under subsection (a) shall not apply after the Secretary submits the report covering fiscal year 2020. 

SEC. 852. WAIVER OF CONGRESSIONAL NOTIFICATION FOR ACQUISITION OF TACTICAL MISSILES AND MUNITIONS GREATER 

THAN QUANTITY SPECIFIED IN LAW. 

Section 2308(c) of title 10, United States Code, is amended— 

(1) by inserting ‘‘(1)’’ before ‘‘The head’’; 

(2) by inserting ‘‘, except as provided in paragraph (2),’’ 

after ‘‘but’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(2) A notification is not required under paragraph (1) if the 

end item being acquired in a higher quantity is an end item under 

a tactical missile program or a munitions program.’’. 


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SEC. 853. MULTIPLE PROGRAM MULTIYEAR CONTRACT PILOT DEMONSTRATION PROGRAM. 

(a) AUTHORITY.—The Secretary of Defense may conduct a 

multiyear contract, over a period of up to four years, for the purchase of units for multiple defense programs that are produced at 

common facilities at a high rate, and which maximize commonality, 

efficiencies, and quality, in order to provide maximum benefit to the 

Department of Defense. Contracts awarded under this section 

should allow for significant savings, as determined consistent with 

the authority under section 2306b of title 10, United States Code, 

to be achieved as compared to using separate annual contracts 

under individual programs to purchase such units, and may include flexible delivery across the overall period of performance. 

(b) SCOPE.—The contracts authorized in subsection (a) shall at 

a minimum provide for the acquisition of units from three discrete 

programs from two of the military departments. 

(c) DOCUMENTATION.—Each contract awarded under subsection 

(a) shall include the documentation required to be provided for a 

multiyear contract proposal under section 2306b(i) of title 10. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘high rate’’ means total annual production 

across the multiple defense programs of more than 200 enditems per year. 

(2) The term ‘‘common facilities’’ means production facilities operating within the same general and allowable rate structure. 

(e) SUNSET.—No new contracts may be awarded under the authority of this section after September 30, 2021. 

SEC. 854. KEY PERFORMANCE PARAMETER REDUCTION PILOT PROGRAM. 

(a) IN GENERAL.—The Secretary of Defense may carry out a 

pilot program under which the Secretary may identify at least one 

acquisition program in each military department for reduction of 

the total number of key performance parameters established for the 

program, for purposes of determining whether operational and programmatic outcomes of the program are improved by such reduction. 

(b) LIMITATION ON KEY PERFORMANCE PARAMETERS.—Any acquisition program identified for the pilot program carried out under 

subsection (a) shall establish no more than three key performance 

parameters, each of which shall describe a program-specific performance attribute. Any key performance parameters for such a program that are required by statute shall be treated as key system attributes. 

SEC. 855. MISSION INTEGRATION MANAGEMENT. 

(a) IN GENERAL.—The Secretary of Defense shall establish mission integration management activities for each mission area specified in subsection (b). 

(b) COVERED MISSION AREAS.—The mission areas specified in 

this subsection are mission areas that involve multiple Armed 

Forces and multiple programs and, at a minimum, include the following: 

(1) Close air support. 

(2) Air defense and offensive and defensive counter-air. 

(3) Interdiction. 


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(4) Intelligence, surveillance, and reconnaissance. 

(5) Any other overlapping mission area of significance, as 

jointly designated by the Deputy Secretary of Defense and the 

Vice Chairman of the Joint Chiefs of Staff for purposes of this 

subsection. 

(c) QUALIFICATIONS.—Mission integration management activities shall be performed by qualified personnel from the acquisition 

and operational communities. 

(d) RESPONSIBILITIES.—The mission integration management 

activities for a mission area under this section shall include— 

(1) development of technical infrastructure for engineering, 

analysis, and test, including data, modeling, analytic tools, and 

simulations; 

(2) the conduct of tests, demonstrations, exercises, and focused experiments for compelling challenges and opportunities; 

(3) overseeing the implementation of section 2446c of title 

10, United States Code; 

(4) sponsoring and overseeing research on and development 

of (including tests and demonstrations) automated tools for 

composing systems of systems on demand; 

(5) developing mission-based inputs for the requirements 

process, assessment of concepts, prototypes, design options, 

budgeting and resource allocation, and program and portfolio 

management; and 

(6) coordinating with commanders of the combatant commands on the development of concepts of operation and operational plans. 

(e) SCOPE.—The mission integration management activities for 

a mission area under this subsection shall extend to the supporting 

elements for the mission area, such as communications, command 

and control, electronic warfare, and intelligence. 

(f) FUNDING.—There is authorized to be made available annually such amounts as the Secretary of Defense determines appropriate from the Rapid Prototyping Fund established under section 

804(d) of the National Defense Authorization Act for Fiscal Year 

2016 (Public Law 114–92; 10 U.S.C. 2302 note) for mission integration management activities listed in subsection (d). 

(g) STRATEGY.—The Secretary of Defense shall submit to the 

congressional defense committees, at the same time as the budget for 

the Department of Defense for fiscal year 2018 is submitted to Congress pursuant to section 1105 of title 31, United States Code, a 

strategy for mission integration management, including a 

resourcing strategy for mission integration managers to carry out 

the responsibilities specified in this section. 

Subtitle E—Provisions Relating to Acquisition Workforce 

SEC. 861. PROJECT MANAGEMENT. 

(a) DEPUTY DIRECTOR FOR MANAGEMENT.— 

(1) ADDITIONAL FUNCTIONS.—Section 503 of title 31, United 

States Code, is amended by adding at the end the following: 

‘‘(c) PROGRAM AND PROJECT MANAGEMENT.— 

‘‘(1) REQUIREMENT.—Subject to the direction and approval 

of the Director, the Deputy Director for Management or a designee shall— 


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‘‘(A) adopt governmentwide standards, policies, and 

guidelines for program and project management for executive agencies; 

‘‘(B) oversee implementation of program and project 

management for the standards, policies, and guidelines established under subparagraph (A); 

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

‘‘(D) establish standards and policies for executive 

agencies, consistent with widely accepted standards for program and project management planning and delivery; 

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

‘‘(F) conduct portfolio reviews to address programs 

identified as high risk by the Government Accountability 

Office; 

‘‘(G) not less than annually, conduct portfolio reviews 

of agency programs in coordination with Project Management Improvement Officers designated under section 

1126(a)(1) to assess the quality and effectiveness of program management; and 

‘‘(H) establish a 5-year strategic plan for program and 

project management. 

‘‘(2) APPLICATION TO DEPARTMENT OF DEFENSE.—Paragraph (1) shall not apply to the Department of Defense to the 

extent that the provisions of that paragraph are substantially 

similar to or duplicative of— 

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

‘‘(B) policy, guidance, or instruction of the Department 

related to program management.’’. 

(2) DEADLINE FOR STANDARDS, POLICIES, AND GUIDELINES.—Not later than 1 year after the date of enactment of this 

Act, the Deputy Director for Management of the Office of Management and Budget shall issue the standards, policies, and 

guidelines required under section 503(c) of title 31, United 

States Code, as added by paragraph (1). 

(3) REGULATIONS.—Not later than 90 days after the date on 

which the standards, policies, and guidelines are issued under 

paragraph (2), the Deputy Director for Management of the Office of Management and Budget, in consultation with the Program Management Policy Council established under section 

1126(b) of title 31, United States Code, as added by subsection 

(b)(1), and the Director of the Office of Management and Budget, shall issue any regulations as are necessary to implement the 

requirements of section 503(c) of title 31, United States Code, as 

added by paragraph (1). 

(b) PROGRAM MANAGEMENT IMPROVEMENT OFFICERS AND PROGRAM MANAGEMENT POLICY COUNCIL.— (1) AMENDMENT.—Chapter 11 of title 31, United States 

Code, is amended by adding at the end the following: 

‘‘§ 1126. Program Management Improvement Officers and 

Program Management Policy Council 

‘‘(a) PROGRAM MANAGEMENT IMPROVEMENT OFFICERS.— 


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‘‘(1) DESIGNATION.—The head of each agency described in 

section 901(b) shall designate a senior executive of the agency 

as the Program Management Improvement Officer of the agency. 

‘‘(2) FUNCTIONS.—The Program Management Improvement 

Officer of an agency designated under paragraph (1) shall— 

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

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

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

‘‘(I) training in the relevant competencies encompassed with program and project manager 

within the private sector for program managers; 

and 

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

‘‘(ii) Mentoring of current and future program 

managers by experienced senior executives and program managers within the agency. 

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

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

‘‘(v) Improved means of collecting and disseminating best practices and lessons learned to enhance 

program management across the agency. 

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

‘‘(3) APPLICATION TO DEPARTMENT OF DEFENSE.—This subsection shall not apply to the Department of Defense to the extent that the provisions of this subsection are substantially 

similar to or duplicative of the provisions of chapter 87 of title 

10. For purposes of paragraph (1), the Under Secretary of Defense for Acquisition, Technology, and Logistics (or a designee 

of the Under Secretary) shall be considered the Program Management Improvement Officer. 

‘‘(b) PROGRAM MANAGEMENT POLICY COUNCIL.— 

‘‘(1) ESTABLISHMENT.—There is established in the Office of 

Management and Budget a council to be known as the ‘Program 

Management Policy Council’ (in this subsection referred to as 

the ‘Council’). 

‘‘(2) PURPOSE AND FUNCTIONS.—The Council shall act as 

the principal interagency forum for improving agency practices 

related to program and project management. The Council 

shall— 

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

‘‘(B) review programs identified as high risk by the 

Government Accountability Office and make recommendations for actions to be taken by the Deputy Director for 


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Management of the Office of Management and Budget or a 

designee; 

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

‘‘(i) career development and workforce development 

needs; 

‘‘(ii) policy to support continuous improvement in 

program and project management; and 

‘‘(iii) major challenges across agencies in managing programs; 

‘‘(D) advise on the development and applicability of 

standards governmentwide for program management transparency; and 

‘‘(E) review the information published on the website of 

the Office of Management and Budget pursuant to section 

1122. 

‘‘(3) MEMBERSHIP.— 

‘‘(A) COMPOSITION.—The Council shall be composed of 

the following members: 

‘‘(i) Five members from the Office of Management 

and Budget as follows: 

‘‘(I) The Deputy Director for Management. 

‘‘(II) The Administrator of the Office of Electronic Government. 

‘‘(III) The Administrator of Federal Procurement Policy. 

‘‘(IV) The Controller of the Office of Federal 

Financial Management. 

‘‘(V) The Director of the Office of Performance 

and Personnel Management. 

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

‘‘(iii) Any other full-time or permanent part-time 

officer or employee of the Federal Government or member of the Armed Forces designated by the Chairperson. 

‘‘(B) CHAIRPERSON AND VICE CHAIRPERSON.— ‘‘(i) IN GENERAL.—The Deputy Director for Management of the Office of Management and Budget shall 

be the Chairperson of the Council. A Vice Chairperson 

shall be elected by the members and shall serve a term 

of not more than 1 year. 

‘‘(ii) DUTIES.—The Chairperson shall preside at the 

meetings of the Council, determine the agenda of the 

Council, direct the work of the Council, and establish 

and direct subgroups of the Council as appropriate. 

‘‘(4) MEETINGS.—The Council shall meet not less than twice 

per fiscal year and may meet at the call of the Chairperson or 

a majority of the members of the Council. 

‘‘(5) SUPPORT.—The head of each agency with a Project 

Management Improvement Officer serving on the Council shall 

provide administrative support to the Council, as appropriate, 

at the request of the Chairperson.’’. 

(2) REPORT REQUIRED.—Not later than 1 year after the date 

of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with each Program ManVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 00346 Fmt 6659 Sfmt 6603 E:\HR\OC\HR840.XXX HR840

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agement Improvement Officer designated under section 

1126(a)(1) of title 31, United States Code, shall submit to Congress a report containing the strategy developed under section 

1126(a)(2)(B) of such title, as added by paragraph (1). 

(c) PROGRAM AND PROJECT MANAGEMENT PERSONNEL STAND- ARDS.— (1) DEFINITION.—In this subsection, the term ‘‘agency’’ 

means each agency described in section 901(b) of title 31, 

United States Code, other than the Department of Defense. 

(2) REGULATIONS REQUIRED.—Not later than 180 days after 

the date on which the standards, policies, and guidelines are 

issued under section 503(c) of title 31, United States Code, as 

added by subsection (a)(1), the Director of the Office of Personnel Management, in consultation with the Director of the Office of Management and Budget, shall issue regulations that— 

(A) identify key skills and competencies needed for a 

program and project manager in an agency; 

(B) establish a new job series, or update and improve 

an existing job series, for program and project management 

within an agency; and 

(C) establish a new career path for program and 

project managers within an agency. 

(d) GAO REPORT ON EFFECTIVENESS OF POLICIES ON PROGRAM

AND PROJECT MANAGEMENT.—Not later than 3 years after the date 

of enactment of this Act, the Comptroller General of the United 

States shall issue, in conjunction with the high risk list of the Government Accountability Office, a report examining the effectiveness 

of the following on improving Federal program and project management: 

(1) The standards, policies, and guidelines for program and 

project management issued under section 503(c) of title 31, 

United States Code, as added by subsection (a)(1). 

(2) The 5-year strategic plan established under section 

503(c)(1)(H) of title 31, United States Code, as added by subsection (a)(1). 

(3) Program Management Improvement Officers designated 

under section 1126(a)(1) of title 31, United States Code, as 

added by subsection (b)(1). 

(4) The Program Management Policy Council established 

under section 1126(b)(1) of title 31, United States Code, as 

added by subsection (b)(1). 

SEC. 862. AUTHORITY TO WAIVE TENURE REQUIREMENT FOR PROGRAM MANAGERS FOR PROGRAM DEFINITION AND PROGRAM EXECUTION PERIODS. 

(a) PROGRAM DEFINITION PERIOD.—Section 826(e) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 

114–92) is amended by striking ‘‘The Secretary may waive’’ and inserting ‘‘The service acquisition executive, in the case of a major defense acquisition program of a military department, or the Under 

Secretary of Defense for Acquisition, Technology, and Logistics, in 

the case of a Defense-wide or Defense Agency major defense acquisition program, may waive’’. 

(b) PROGRAM EXECUTION PERIOD.—Section 827(e) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 

114–92) is amended by striking ‘‘The immediate supervisor of a proVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 00347 Fmt 6659 Sfmt 6603 E:\HR\OC\HR840.XXX HR840

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gram manager for a major defense acquisition program may waive’’ 

and inserting ‘‘The service acquisition executive, in the case of a 

major defense acquisition program of a military department, or the 

Under Secretary of Defense for Acquisition, Technology, and Logistics, in the case of a Defense-wide or Defense Agency major defense 

acquisition program, may waive’’. 

SEC. 863. PURPOSES FOR WHICH THE DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT FUND MAY BE 

USED; ADVISORY PANEL AMENDMENTS. 

(a) IN GENERAL.—Section 1705 of title 10, United States Code, 

is amended— 

(1) in subsection (e)— 

(A) in paragraph (1), by inserting ‘‘and to develop acquisition tools and methodologies, and undertake research 

and development activities, leading to acquisition policies 

and practices that will improve the efficiency and effectiveness of defense acquisition efforts’’ after ‘‘workforce of the 

Department’’; and 

(B) in paragraph (4), by striking ‘‘other than for the 

purpose of’’ and all that follows through the period at the 

end and inserting ‘‘other than for the purposes of— 

‘‘(A) providing advanced training to Department of Defense employees; 

‘‘(B) developing acquisition tools and methodologies 

and performing research on acquisition policies and best 

practices that will improve the efficiency and effectiveness 

of defense acquisition efforts; and 

‘‘(C) supporting human capital and talent management 

of the acquisition workforce, including benchmarking studies, assessments, and requirements planning.’’; and 

(2) in subsection (f), by striking ‘‘Each report shall include’’ 

and all that follows through the period at the end of paragraph 

(5). 

(b) TECHNICAL AMENDMENTS.—Such section is further amended— 

(1) in subsection (d)(2)(C), by striking ‘‘in each’’ and inserting ‘‘in such’’; 

(2) in subsection (f)— 

(A) by striking ‘‘Not later than 120 days after the end 

of each fiscal year’’ and inserting ‘‘Not later than February 

1 each year’’; and 

(B) by striking ‘‘such fiscal year’’ the first place it appears and inserting ‘‘the preceding fiscal year’’; and 

(3) in subsection (g)(1)— 

(A) by striking ‘‘of of’’ and inserting ‘‘of’’; and 

(B) by striking ‘‘, as defined in subsection (h),’’. 

(c) LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN PURPOSES.—Of the amounts authorized to be appropriated by this Act 

or otherwise made available for fiscal year 2017, not more than 

$35,000,000 may be obligated or expended for the purposes set forth 

in subparagraphs (B) and (C) of section 1705(e)(4) of title 10, 

United States Code, as added by subsection (a). 

(d) AMENDMENTS TO ADVISORY PANEL ON STREAMLINING AND

CODIFYING ACQUISITION REGULATIONS.—Section 809 of the NaVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 00348 Fmt 6659 Sfmt 6603 E:\HR\OC\HR840.XXX HR840

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tional Defense Authorization Act for Fiscal Year 2016 (Public Law 

114–92; 129 Stat. 889) is amended— 

(1) by amending subsection (a) to read as follows: 

‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall establish 

an independent advisory panel on streamlining acquisition regulations. The panel shall be supported by the Defense Acquisition University and the National Defense University, including administrative support.’’; and 

(2) in subsection (d)— 

(A) in paragraph (1), by striking ‘‘and analysis’’ and 

inserting ‘‘, analysis, and logistics support’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(3) AUTHORITIES.—The panel shall have the authorities 

provided in section 3161 of title 5, United States Code.’’. 

SEC. 864. DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT FUND DETERMINATION ADJUSTMENT. 

(a) CREDIT TO RAPID PROTOTYPING FUND.—Notwithstanding 

section 1705(d)(2)(B) of title 10, United States Code, of the funds 

credited to the Department of Defense Acquisition Workforce Development Fund in fiscal year 2017 pursuant to such section, 

$225,000,000 shall be transferred to the Rapid Prototyping Fund established under section 804(d) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 

note). Of the $225,000,000 so transferred, $75,000,000 shall be credited to each of the military department-specific funds established 

under section 804(d)(2) of such Act (as added by section 897 of this 

Act). 

(b) TECHNICAL AND CONFORMING AMENDMENTS.—Section 

804(d)(1) of the National Defense Authorization Act for Fiscal Year 

2016 (Public Law 114–92; 10 U.S.C. 2302 note) is amended— 

(1) in the first sentence, by inserting a comma after ‘‘may 

be available’’; 

(2) at the end of the first sentence, by inserting before the 

period the following: ‘‘and other purposes specified in law’’; and 

(3) in the last sentence, by striking ‘‘shall consist of’’ and 

all that follows through ‘‘this Act.’’ and inserting the following: 

‘‘shall consist of— 

‘‘(i) amounts appropriated to the Fund; 

‘‘(ii) amounts credited to the Fund pursuant to section 828 of this Act; and 

‘‘(iii) any other amounts appropriated to, credited 

to, or transferred to the Fund.’’. 

SEC. 865. LIMITATIONS ON FUNDS USED FOR STAFF AUGMENTATION 

CONTRACTS AT MANAGEMENT HEADQUARTERS OF THE 

DEPARTMENT OF DEFENSE AND THE MILITARY DEPARTMENTS. 

(a) LIMITATIONS.— 

(1) FOR FISCAL YEARS 2017 AND 2018.—The total amount obligated by the Department of Defense for fiscal year 2017 or 

2018 for contract services for staff augmentation contracts at 

management headquarters of the Department and the military 

departments may not exceed an amount equal to the aggregate 

amount expended by the Department for contract services for 

staff augmentation contracts at management headquarters of 

the Department and the military departments in fiscal year 


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2016 adjusted for net transfers from funding for overseas contingency operations (in this subsection referred to as the ‘‘fiscal 

year 2016 staff augmentation contracts funding amount’’). 

(2) FOR FISCAL YEARS 2018 THROUGH 2022.—The total 

amount obligated by the Department for any fiscal year after 

fiscal year 2018 and before fiscal year 2023 for contract services 

for staff augmentation contracts at management headquarters 

of the Department and the military departments may not exceed 

an amount equal to 75 percent of the fiscal year 2016 staff augmentation contracts funding amount. 

(b) DEFINITIONS.—In this section: 

(1) The term ‘‘contract services’’ has the meaning given that 

term in section 235 of title 10, United States Code. 

(2) The term ‘‘staff augmentation contracts’’ means services 

contracts for personnel who are physically present in a Government work space on a full-time or permanent part-time basis, 

for the purpose of advising on, providing support to, or assisting a Government agency in the performance of the agency’s 

missions, including authorized personal services contracts (as 

that term is defined in section 2330a(g)(5) of title 10, United 

States Code). 

SEC. 866. SENIOR MILITARY ACQUISITION ADVISORS IN THE DEFENSE 

ACQUISITION CORPS. 

(a) POSITIONS.— (1) IN GENERAL.—Subchapter II of chapter 87 of title 10, 

United States Code, is amended by adding at the end the following new section: 

‘‘§ 1725. Senior Military Acquisition Advisors 

‘‘(a) POSITION.— 

‘‘(1) IN GENERAL.—The Secretary of Defense may establish 

in the Defense Acquisition Corps a position to be known as ‘Senior Military Acquisition Advisor’. 

‘‘(2) APPOINTMENT.—A Senior Military Acquisition Advisor 

shall be appointed by the President, by and with the advice and 

consent of the Senate. 

‘‘(3) SCOPE OF POSITION.—An officer who is appointed as a 

Senior Military Acquisition Advisor— 

‘‘(A) shall serve as an advisor to, and provide senior 

level acquisition expertise to, the service acquisition executive of that officer’s military department in accordance with 

this section; and 

‘‘(B) shall be assigned as an adjunct professor at the 

Defense Acquisition University. 

‘‘(b) CONTINUATION ON ACTIVE DUTY.—An officer who is appointed as a Senior Military Acquisition Advisor may continue on 

active duty while serving in such position without regard to any 

mandatory retirement date that would otherwise be applicable to 

that officer by reason of years of service or age. An officer who is 

continued on active duty pursuant to this section is not eligible for 

consideration for selection for promotion. 

‘‘(c) RETIRED GRADE.—Upon retirement, an officer who is a Senior Military Acquisition Advisor may, in the discretion of the President, be retired in the grade of brigadier general or rear admiral 

(lower half) if— 


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‘‘(1) the officer has served as a Senior Military Acquisition 

Advisor for a period of not less than three years; and 

‘‘(2) the officer’s service as a Senior Military Acquisition 

Advisor has been distinguished. 

‘‘(d) SELECTION AND TENURE.— 

‘‘(1) IN GENERAL.—Selection of an officer for recommendation for appointment as a Senior Military Acquisition Advisor 

shall be made competitively, and shall be based upon demonstrated experience and expertise in acquisition. 

‘‘(2) OFFICERS ELIGIBLE.—Officers shall be selected for recommendation for appointment as Senior Military Acquisition 

Advisors from among officers of the Defense Acquisition Corps 

who are serving in the grade of colonel or, in the case of the 

Navy, captain, and who have at least 12 years of acquisition experience. An officer selected for recommendation for appointment as a Senior Military Acquisition Advisor shall have at 

least 30 years of active commissioned service at the time of appointment. 

‘‘(3) TERM.—The appointment of an officer as a Senior Military Acquisition Advisor shall be for a term of not longer than 

five years. 

‘‘(e) LIMITATION.— 

‘‘(1) LIMITATION ON NUMBER AND DISTRIBUTION.—There 

may not be more than 15 Senior Military Acquisition Advisors 

at any time, of whom— 

‘‘(A) not more than five may be officers of the Army; 

‘‘(B) not more than five may be officers of the Navy and 

Marine Corps; and 

‘‘(C) not more than five may be officers of the Air Force. 

‘‘(2) NUMBER IN EACH MILITARY DEPARTMENT.—Subject to 

paragraph (1), the number of Senior Military Acquisition Advisors for each military department shall be as required and 

identified by the service acquisition executive of such military 

department and approved by the Under Secretary of Defense for 

Acquisition, Technology, and Logistics. 

‘‘(f) ADVICE TO SERVICE ACQUISITION EXECUTIVE.—An officer 

who is a Senior Military Acquisition Advisor shall have as the officer’s primary duty providing strategic, technical, and programmatic 

advice to the service acquisition executive of the officer’s military department on matters pertaining to the Defense Acquisition System, 

including matters pertaining to procurement, research and development, advanced technology, test and evaluation, production, program management, systems engineering, and lifecycle logistics.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter II of chapter 87 of such title is amended 

by adding at the end the following new item: 

‘‘1725. Senior Military Acquisition Advisors.’’. 

(b) EXCLUSION FROM OFFICER GRADE-STRENGTH LIMITATIONS.—Section 523(b) of such title is amended by adding at the 

end the following new paragraph: 

‘‘(9) Officers who are Senior Military Acquisition Advisors 

under section 1725 of this title, but not to exceed 15.’’. 


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SEC. 867. AUTHORITY OF THE SECRETARY OF DEFENSE UNDER THE 

ACQUISITION DEMONSTRATION PROJECT. 

(a) AMENDMENT.—Section 1762(b) of title 10, United States 

Code, is amended by adding at the end the following new paragraph: 

‘‘(4) The Secretary of Defense shall exercise the authorities 

granted to the Office of Personnel Management under section 

4703 of title 5 for purposes of the demonstration project authorized under this section.’’. 

(b) EFFECTIVE DATE.—Paragraph (4) of section 1762(b) of title 

10, United States Code, as added by subsection (a), shall take effect 

on the first day of the first month beginning 60 days after the date 

of the enactment of this Act. 

Subtitle F—Provisions Relating to Commercial Items 

SEC. 871. MARKET RESEARCH FOR DETERMINATION OF PRICE REASONABLENESS IN ACQUISITION OF COMMERCIAL ITEMS. 

Section 2377 of title 10, United States Code, is amended— 

(1) by redesignating subsection (d) as subsection (e), and in 

that subsection by striking ‘‘subsection (c)’’ and inserting ‘‘subsections (c) and (d)’’; and 

(2) by inserting after subsection (c) the following new subsection (d): 

‘‘(d) MARKET RESEARCH FOR PRICE ANALYSIS.—The Secretary of 

Defense shall ensure that procurement officials in the Department 

of Defense conduct or obtain market research to support the determination of the reasonableness of price for commercial items contained in any bid or offer submitted in response to an agency solicitation. To the extent necessary to support such market research, the 

procurement official for the solicitation— 

‘‘(1) in the case of items acquired under section 2379 of this 

title, shall use information submitted under subsection (d) of 

that section; and 

‘‘(2) in the case of other items, may require the offeror to 

submit relevant information.’’. 

SEC. 872. VALUE ANALYSIS FOR THE DETERMINATION OF PRICE REASONABLENESS. 

Subsection 2379(d) of title 10, United States Code, is amended— 

(1) by redesignating paragraph (2) as paragraph (3); and 

(2) by inserting after paragraph (1) the following new paragraph (2): 

‘‘(2) An offeror may submit information or analysis relating to 

the value of a commercial item to aid in the determination of the 

reasonableness of the price of such item. A contracting officer may 

consider such information or analysis in addition to the information 

submitted pursuant to paragraphs (1)(A) and (1)(B).’’. 

SEC. 873. CLARIFICATION OF REQUIREMENTS RELATING TO COMMERCIAL ITEM DETERMINATIONS. 

Paragraphs (1) and (2) of section 2380 of title 10, United States 

Code, are amended to read as follows: 

‘‘(1) establish and maintain a centralized capability with 

necessary expertise and resources to provide assistance to the 

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forming analysis of price reasonableness for the purposes of procurements by the Department of Defense; and 

‘‘(2) provide to officials of the Department of Defense access 

to previous Department of Defense commercial item determinations, market research, and analysis used to determine the reasonableness of price for the purposes of procurements by the Department of Defense.’’. 

SEC. 874. INAPPLICABILITY OF CERTAIN LAWS AND REGULATIONS TO 

THE ACQUISITION OF COMMERCIAL ITEMS AND COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEMS. 

(a) AMENDMENT TO TITLE 10, UNITED STATES CODE.—Section 

2375 of title 10, United States Code, is amended to read as follows: 

‘‘§ 2375. Relationship of commercial item provisions to other 

provisions of law 

‘‘(a) APPLICABILITY OF GOVERNMENT-WIDE STATUTES.—(1) No 

contract for the procurement of a commercial item entered into by 

the head of an agency shall be subject to any law properly listed in 

the Federal Acquisition Regulation pursuant to section 1906(b) of 

title 41. 

‘‘(2) No subcontract under a contract for the procurement of a 

commercial item entered into by the head of an agency shall be subject to any law properly listed in the Federal Acquisition Regulation 

pursuant to section 1906(c) of title 41. 

‘‘(3) No contract for the procurement of a commercially available off-the-shelf item entered into by the head of an agency shall 

be subject to any law properly listed in the Federal Acquisition Regulation pursuant to section 1907 of title 41. 

‘‘(b) APPLICABILITY OF DEFENSE-UNIQUE STATUTES TO CONTRACTS FOR COMMERCIAL ITEMS.—(1) The Defense Federal Acquisition Regulation Supplement shall include a list of defense-unique 

provisions of law and of contract clause requirements based on government-wide acquisition regulations, policies, or executive orders 

not expressly authorized in law that are inapplicable to contracts for 

the procurement of commercial items. A provision of law or contract 

clause requirement properly included on the list pursuant to paragraph (2) does not apply to purchases of commercial items by the 

Department of Defense. This section does not render a provision of 

law or contract clause requirement not included on the list inapplicable to contracts for the procurement of commercial items. 

‘‘(2) A provision of law or contract clause requirement described 

in subsection (e) that is enacted after January 1, 2015, shall be included on the list of inapplicable provisions of law and contract 

clause requirements required by paragraph (1) unless the Under 

Secretary of Defense for Acquisition, Technology, and Logistics 

makes a written determination that it would not be in the best interest of the Department of Defense to exempt contracts for the procurement of commercial items from the applicability of the provision or 

contract clause requirement. 

‘‘(c) APPLICABILITY OF DEFENSE-UNIQUE STATUTES TO SUBCONTRACTS FOR COMMERCIAL ITEMS.—(1) The Defense Federal Acquisition Regulation Supplement shall include a list of provisions 

of law and of contract clause requirements based on governmentwide acquisition regulations, policies, or executive orders not expressly authorized in law that are inapplicable to subcontracts 


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under a Department of Defense contract or subcontract for the procurement of commercial items. A provision of law or contract clause 

requirement properly included on the list pursuant to paragraph (2) 

does not apply to those subcontracts. This section does not render 

a provision of law or contract clause requirement not included on 

the list inapplicable to subcontracts under a contract for the procurement of commercial items. 

‘‘(2) A provision of law or contract clause requirement described 

in subsection (e) shall be included on the list of inapplicable provisions of law and contract clause requirements required by paragraph (1) unless the Under Secretary of Defense for Acquisition, 

Technology, and Logistics makes a written determination that it 

would not be in the best interest of the Department of Defense to exempt subcontracts under a contract for the procurement of commercial items from the applicability of the provision or contract clause 

requirement. 

‘‘(3) In this subsection, the term ‘subcontract’ includes a transfer 

of commercial items between divisions, subsidiaries, or affiliates of 

a contractor or subcontractor. The term does not include agreements 

entered into by a contractor for the supply of commodities that are 

intended for use in the performance of multiple contracts with the 

Department of Defense and other parties and are not identifiable to 

any particular contract. 

‘‘(4) This subsection does not authorize the waiver of the applicability of any provision of law or contract clause requirement with 

respect to any first-tier subcontract under a contract with a prime 

contractor reselling or distributing commercial items of another contractor without adding value. 

‘‘(d) APPLICABILITY OF DEFENSE-UNIQUE STATUTES TO CONTRACTS FOR COMMERCIALLY AVAILABLE, OFF-THE-SHELF ITEMS.—(1) 

The Defense Federal Acquisition Regulation Supplement shall include a list of provisions of law and of contract clause requirements 

based on government-wide acquisition regulations, policies, or executive orders not expressly authorized in law that are inapplicable to 

contracts for the procurement of commercially available off-the-shelf 

items. A provision of law or contract clause requirement properly included on the list pursuant to paragraph (2) does not apply to Department of Defense contracts for the procurement of commercially 

available off-the-shelf items. This section does not render a provision of law or contract clause requirement not included on the list 

inapplicable to contracts for the procurement of commercially available off-the-shelf items. 

‘‘(2) A provision of law or contract clause requirement described 

in subsection (e) shall be included on the list of inapplicable provisions of law and contract clause requirements required by paragraph (1) unless the Under Secretary of Defense for Acquisition, 

Technology, and Logistics makes a written determination that it 

would not be in the best interest of the Department of Defense to exempt contracts for the procurement of commercially available offthe-shelf items from the applicability of the provision or contract 

clause requirement. 

‘‘(e) COVERED PROVISION OF LAW OR CONTRACT CLAUSE RE- QUIREMENT.—A provision of law or contract clause requirement referred to in subsections (b)(2), (c)(2), and (d)(2) is a provision of law 

or contract clause requirement that the Under Secretary of Defense 


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for Acquisition, Technology, and Logistics determines sets forth policies, procedures, requirements, or restrictions for the procurement of 

property or services by the Federal Government, except for a provision of law or contract clause requirement that— 

‘‘(1) provides for criminal or civil penalties; 

‘‘(2) requires that certain articles be bought from American 

sources pursuant to section 2533a of this title, or requires that 

strategic materials critical to national security be bought from 

American sources pursuant to section 2533b of this title; or 

‘‘(3) specifically refers to this section and provides that, notwithstanding this section, it shall be applicable to contracts for 

the procurement of commercial items.’’. 

(b) CHANGES TO DEFENSE FEDERAL ACQUISITION REGULATION

SUPPLEMENT.— 

(1) IN GENERAL.—To the maximum extent practicable, the 

Under Secretary of Defense for Acquisition, Technology, and Logistics shall ensure that— 

(A) the Defense Federal Acquisition Regulation Supplement does not require the inclusion of contract clauses in 

contracts for the procurement of commercial items or contracts for the procurement of commercially available off-theshelf items, unless such clauses are— 

(i) required to implement provisions of law or executive orders applicable to such contracts; or 

(ii) determined to be consistent with standard commercial practice; and 

(B) the flow-down of contract clauses to subcontracts 

under contracts for the procurement of commercial items or 

commercially available off-the-shelf items is prohibited unless such flow-down is required to implement provisions of 

law or executive orders applicable to such subcontracts. 

(2) SUBCONTRACTS.—In this subsection, the term ‘‘subcontract’’ includes a transfer of commercial items between divisions, subsidiaries, or affiliates of a contractor or subcontractor. 

The term does not include agreements entered into by a contractor for the supply of commodities that are intended for use 

in the performance of multiple contracts with the Department 

of Defense and other parties and are not identifiable to any particular contract. 

SEC. 875. USE OF COMMERCIAL OR NON-GOVERNMENT STANDARDS IN 

LIEU OF MILITARY SPECIFICATIONS AND STANDARDS. 

(a) IN GENERAL.—The Secretary of Defense shall ensure that the 

Department of Defense uses commercial or non-Government specifications and standards in lieu of military specifications and standards, including for procuring new systems, major modifications, upgrades to current systems, non-developmental and commercial 

items, and programs in all acquisition categories, unless no practical alternative exists to meet user needs. If it is not practicable to 

use a commercial or non-Government standard, a Governmentunique specification may be used. 

(b) LIMITED USE OF MILITARY SPECIFICATIONS.— 

(1) IN GENERAL.—Military specifications shall be used in 

procurements only to define an exact design solution when there 

is no acceptable commercial or non-Government standard or 


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when the use of a commercial or non-Government standard is 

not cost effective. 

(2) WAIVER.—A waiver for the use of military specifications 

in accordance with paragraph (1) shall be approved by either 

the appropriate milestone decision authority, the appropriate 

service acquisition executive, or the Under Secretary of Defense 

for Acquisition, Technology, and Logistics. 

(c) REVISION TO DFARS.—Not later than 180 days after the 

date of the enactment of this Act, the Under Secretary of Defense for 

Acquisition, Technology, and Logistics shall revise the Defense Federal Acquisition Regulation Supplement to encourage contractors to 

propose commercial or non-Government standards and industrywide practices that meet the intent of the military specifications and 

standards. 

(d) DEVELOPMENT OF NON-GOVERNMENT STANDARDS.—The 

Under Secretary for Acquisition, Technology, and Logistics shall 

form partnerships with appropriate industry associations to develop 

commercial or non-Government standards for replacement of military specifications and standards where practicable. 

(e) EDUCATION, TRAINING, AND GUIDANCE.—The Under Secretary of Defense for Acquisition, Technology, and Logistics shall 

ensure that training, education, and guidance programs throughout 

the Department are revised to incorporate specifications and standards reform. 

(f) LICENSES.—The Under Secretary of Defense for Acquisition, 

Technology, and Logistics shall negotiate licenses for standards to 

be used across the Department of Defense and shall maintain an inventory of such licenses that is accessible to other Department of Defense organizations. 

SEC. 876. PREFERENCE FOR COMMERCIAL SERVICES. 

Not later than 90 days after the date of the enactment of this 

Act, the Secretary of Defense shall revise the guidance issued pursuant to section 855 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2377 note) to provide 

that— 

(1) the head of an agency may not enter into a contract in excess of $10,000,000 for facilities-related services, knowledgebased services (except engineering services), construction services, medical services, or transportation services that are not 

commercial services unless the service acquisition executive of 

the military department concerned, the head of the Defense 

Agency concerned, the commander of the combatant command 

concerned, or the Under Secretary of Defense for Acquisition, 

Technology, and Logistics (as applicable) determines in writing 

that no commercial services are suitable to meet the agency’s 

needs as provided in section 2377(c)(2) of title 10, United States 

Code; and 

(2) the head of an agency may not enter into a contract in 

an amount above the simplified acquisition threshold and 

below $10,000,000 for facilities-related services, knowledgebased services (except engineering services), construction services, medical services, or transportation services that are not 

commercial services unless the contracting officer determines in 

writing that no commercial services are suitable to meet the 

agency’s needs as provided in section 2377(c)(2) of such title. 


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SEC. 877. TREATMENT OF COMMINGLED ITEMS PURCHASED BY CONTRACTORS AS COMMERCIAL ITEMS. 

(a) IN GENERAL.—Chapter 140 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 2380B. Treatment of commingled items purchased by contractors as commercial items 

‘‘Notwithstanding 2376(1) of this title, items valued at less than $10,000 that are purchased by a contractor for use in the performance of multiple contracts with the Department of Defense and other 

parties and are not identifiable to any particular contract shall be 

treated as a commercial item for purposed of this chapter.’’. 

(b) CLERICAL AMENDMENT.—The table of sections for such chapter is amended by inserting after the item relating to section 2380A 

the following new item: 

‘‘2380B. Treatment of items purchased prior to release of prime contract requests for 

proposals as commercial items.’’. 

SEC. 878. TREATMENT OF SERVICES PROVIDED BY NONTRADITIONAL 

CONTRACTORS AS COMMERCIAL ITEMS. 

(a) IN GENERAL.—Section 2380A of title 10, United States Code, 

is amended— 

(1) by striking ‘‘Notwithstanding’’ and inserting the following: 

‘‘(a) GOODS AND SERVICES PROVIDED BY NONTRADITIONAL DE- FENSE CONTRACTORS.—Notwithstanding’’; and 

(2) by adding at the end the following new subsection: 

‘‘(b) SERVICES PROVIDED BY CERTAIN NONTRADITIONAL CON- TRACTORS.—Notwithstanding section 2376(1) of this title, services 

provided by a business unit that is a nontraditional defense contractor (as that term is defined in section 2302(9) of this title) shall 

be treated as commercial items for purposes of this chapter, to the 

extent that such services use the same pool of employees as used for 

commercial customers and are priced using methodology similar to 

methodology used for commercial pricing.’’. 

(b) CONFORMING AMENDMENTS.— (1) SECTION HEADING.—Section 2380A of title 10, United 

States Code, as amended by subsection (a), is further amended 

by striking the section heading and inserting the following: 

‘‘§ 2380a. Treatment of certain items as commercial items’’. 

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 140 of title 10, United States Code, is amended 

by striking the item relating to section 2380A and inserting the 

following new item: 

‘‘2380a. Treatment of certain items as commercial items.’’. 

SEC. 879. DEFENSE PILOT PROGRAM FOR AUTHORITY TO ACQUIRE INNOVATIVE COMMERCIAL ITEMS, TECHNOLOGIES, AND 

SERVICES USING GENERAL SOLICITATION COMPETITIVE 

PROCEDURES. 

(a) AUTHORITY.—The Secretary of Defense and the Secretaries 

of the military departments may carry out a pilot program, to be 

known as the ‘‘defense commercial solutions opening pilot program’’, 

under which the Secretary may acquire innovative commercial 

items, technologies, and services through a competitive selection of 

proposals resulting from a general solicitation and the peer review 

of such proposals. 


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(b) TREATMENT AS COMPETITIVE PROCEDURES.—Use of general 

solicitation competitive procedures for the pilot program under subsection (a) shall be considered to be use of competitive procedures 

for purposes of chapter 137 of title 10, United States Code. 

(c) LIMITATIONS.— (1) IN GENERAL.—The Secretary may not enter into a contract or agreement under the pilot program for an amount in 

excess of $100,000,000 without a written determination from 

the Under Secretary for Acquisition, Logistics, and Technology 

or the relevant service acquisition executive of the efficacy of the 

effort to meet mission needs of the Department of Defense or the 

relevant military department. 

(2) FIXED-PRICE REQUIREMENT.—Contracts or agreements 

entered into under the program shall be fixed-price, including 

fixed-price incentive fee contracts. 

(3) TREATMENT AS COMMERCIAL ITEMS.—Notwithstanding 

section 2376(1) of title 10, United States Code, items, technologies, and services acquired under the pilot program shall be 

treated as commercial items. 

(d) GUIDANCE.—Not later than six months after the date of the 

enactment of this Act, the Secretary shall issue guidance for the implementation of the pilot program under this section within the Department of Defense. Such guidance shall be issued in consultation 

with the Director of the Office of Management and Budget and shall 

be posted for access by the public. 

(e) CONGRESSIONAL NOTIFICATION REQUIRED.— (1) IN GENERAL.—Not later than 45 days after the award of a contract for an amount exceeding $100,000,000 using the 

authority in subsection (a), the Secretary of Defense shall notify 

the congressional defense committees of such award. 

(2) ELEMENTS.—Notice of an award under paragraph (1) 

shall include the following: 

(A) Description of the innovative commercial item, technology, or service acquired. 

(B) Description of the requirement, capability gap, or 

potential technological advancement with respect to which 

the innovative commercial item, technology, or service acquired provides a solution or a potential new capability. 

(C) Amount of the contract awarded. 

(D) Identification of contractor awarded the contract. 

(f) DEFINITION.—In this section, the term ‘‘innovative’’ means— 

(1) any technology, process, or method, including research 

and development, that is new as of the date of submission of a 

proposal; or 

(2) any application that is new as of the date of submission 

of a proposal of a technology, process, or method existing as of 

such date. 

(g) SUNSET.—The authority to enter into contracts under the 

pilot program shall expire on September 30, 2022. 

SEC. 880. PILOT PROGRAMS FOR AUTHORITY TO ACQUIRE INNOVATIVE 

COMMERCIAL ITEMS USING GENERAL SOLICITATION COMPETITIVE PROCEDURES. 

(a) AUTHORITY.— 

(1) IN GENERAL.—The head of an agency may carry out a 

pilot program, to be known as a ‘‘commercial solutions opening 


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pilot program’’, under which innovative commercial items may 

be acquired through a competitive selection of proposals resulting from a general solicitation and the peer review of such proposals. 

(2) HEAD OF AN AGENCY.—In this section, the term ‘‘head of 

an agency’’ means the following: 

(A) The Secretary of Homeland Security. 

(B) The Administrator of General Services. 

(3) APPLICABILITY OF SECTION.—This section applies to the 

following agencies: 

(A) The Department of Homeland Security. 

(B) The General Services Administration. 

(b) TREATMENT AS COMPETITIVE PROCEDURES.—Use of general 

solicitation competitive procedures for the pilot program under subsection (a) shall be considered, in the case of the Department of 

Homeland Security and the General Services Administration, to be 

use of competitive procedures for purposes of division C of title 41, 

United States Code (as defined in section 152 of such title). 

(c) LIMITATION.—The head of an agency may not enter into a 

contract under the pilot program for an amount in excess of 

$10,000,000. 

(d) GUIDANCE.—The head of an agency shall issue guidance for 

the implementation of the pilot program under this section within 

that agency. Such guidance shall be issued in consultation with the 

Office of Management and Budget and shall be posted for access by 

the public. 

(e) REPORT REQUIRED.— 

(1) IN GENERAL.—Not later than three years after the date 

of the enactment of this Act, the head of an agency shall submit 

to the congressional committees specified in paragraph (3) a report on the activities the agency carried out under the pilot program. 

(2) ELEMENTS OF REPORT.—Each report under this subsection shall include the following: 

(A) An assessment of the impact of the pilot program 

on competition. 

(B) A comparison of acquisition timelines for— 

(i) procurements made using the pilot program; 

and 

(ii) procurements made using other competitive 

procedures that do not use general solicitations. 

(C) A recommendation on whether the authority for the 

pilot program should be made permanent. 

(3) SPECIFIED CONGRESSIONAL COMMITTEES.—The congressional committees specified in this paragraph are the Committee on Homeland Security and Governmental Affairs of the 

Senate and the Committee on Oversight and Government Reform of the House of Representatives. 

(f) INNOVATIVE DEFINED.—In this section, the term ‘‘innovative’’ 

means— 

(1) any new technology, process, or method, including research and development; or 

(2) any new application of an existing technology, process, 

or method. 


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(g) TERMINATION.—The authority to enter into a contract under 

a pilot program under this section terminates on September 30, 

2022. 

Subtitle G—Industrial Base Matters 

SEC. 881. GREATER INTEGRATION OF THE NATIONAL TECHNOLOGY 

AND INDUSTRIAL BASE. 

(a) PLAN REQUIRED.—Not later than January 1, 2018, the Secretary of Defense shall develop a plan to reduce the barriers to the 

seamless integration between the persons and organizations that 

comprise the national technology and industrial base (as defined in 

section 2500 of title 10, United States Code). The plan shall include 

at a minimum the following elements: 

(1) A description of the various components of the national 

technology and industrial base, including government entities, 

universities, nonprofit research entities, nontraditional and 

commercial item contractors, and private contractors that conduct commercial and military research, produce commercial 

items that could be used by the Department of Defense, and 

produce items designated and controlled under section 38 of the 

Arms Export Control Act (also known as the ‘‘United States Munitions List’’). 

(2) Identification of the barriers to the seamless integration 

of the transfer of knowledge, goods, and services among the persons and organizations of the national technology and industrial base. 

(3) Identification of current authorities that could contribute to further integration of the persons and organizations 

of the national technology and industrial base, and a plan to 

maximize the use of those authorities. 

(4) Identification of changes in export control rules, procedures, and laws that would enhance the civil-military integration policy objectives set forth in section 2501(b) of title 10, 

United States Code, for the national technology and industrial 

base to increase the access of the Armed Forces to commercial 

products, services, and research and create incentives necessary 

for nontraditional and commercial item contractors, universities, and nonprofit research entities to modify commercial 

products or services to meet Department of Defense requirements. 

(5) Recommendations for increasing integration of the national technology and industrial base that supplies defense articles to the Armed Forces and enhancing allied interoperability 

of forces through changes to the text or the implementation of— 

(A) section 126.5 of title 22, Code of Federal Regulations (relating to exemptions that are applicable to Canada 

under the International Traffic in Arms Regulations); 

(B) the Treaty Between the Government of the United 

States of America and the Government of Australia Concerning Defense Trade Cooperation, done at Sydney on September 5, 2007; 

(C) the Treaty Between the Government of the United 

States of America and the Government of the United Kingdom of Great Britain and Northern Ireland Concerning DeVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 00360 Fmt 6659 Sfmt 6603 E:\HR\OC\HR840.XXX HR840

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fense Trade Cooperation, done at Washington and London 

on June 21 and 26, 2007; and 

(D) any other agreements among the countries comprising the national technology and industrial base. 

(b) AMENDMENT TO DEFINITION OF NATIONAL TECHNOLOGY AND

INDUSTRIAL BASE.—Section 2500(1) of title 10, United States Code, 

is amended by inserting ‘‘, the United Kingdom of Great Britain 

and Northern Ireland, Australia,’’ after ‘‘United States’’. 

(c) REPORTING REQUIREMENT.—The Secretary of Defense shall 

report on the progress of implementing the plan in subsection (a) in 

the report required under section 2504 of title 10, United States 

Code. 

SEC. 882. INTEGRATION OF CIVIL AND MILITARY ROLES IN ATTAINING 

NATIONAL TECHNOLOGY AND INDUSTRIAL BASE OBJECTIVES. 

Section 2501(b) of title 10, United States Code, is amended by 

striking ‘‘It is the policy of Congress that the United States attain’’ 

and inserting ‘‘The Secretary of Defense shall ensure that the United 

States attains’’. 

SEC. 883. PILOT PROGRAM FOR DISTRIBUTION SUPPORT AND SERVICES FOR WEAPON SYSTEMS CONTRACTORS. 

(a) AUTHORITY.—The Secretary of Defense may carry out a sixyear pilot program under which the Secretary may make available 

storage and distribution services support to a contractor in support 

of the performance by the contractor of a contract for the production, 

modification, maintenance, or repair of a weapon system that is entered into by the Department of Defense. 

(b) SUPPORT CONTRACTS.— 

(1) IN GENERAL.—Any storage and distribution services to 

be provided under the pilot program under this section to a contractor in support of the performance of a contract described in 

subsection (a) shall be provided under a separate contract that 

is entered into by the Director of the Defense Logistics Agency 

with that contractor. The requirements of section 2208(h) of title 

10, United States Code, and the regulations prescribed pursuant to such section shall apply to any such separate support 

contract between the Director of the Defense Logistics Agency 

and the contractor. 

(2) LIMITATION.—Not more than five support contracts between the Director and the contractor may be awarded under 

the pilot program. 

(c) SCOPE OF SUPPORT AND SERVICES.—The storage and distribution support services that may be provided under this section 

in support of the performance of a contract described in subsection 

(a) are storage and distribution of materiel and repair parts necessary for the performance of that contract. 

(d) REGULATIONS.—Before exercising the authority under the 

pilot program under this section, the Secretary of Defense shall prescribe in regulations such requirements, conditions, and restrictions 

as the Secretary determines appropriate to ensure that storage and 

distribution services are provided under the pilot program only 

when it is in the best interests of the United States to do so. The 

regulations shall include, at a minimum, the following: 

(1) A requirement for the solicitation of offers for a contract 

described in subsection (a), for which storage and distribution 


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services are to be made available under the pilot program, including— 

(A) a statement that the storage and distribution services are to be made available under the authority of the 

pilot program under this section to any contractor awarded 

the contract, but only on a basis that does not require acceptance of the support and services; and 

(B) a description of the range of the storage and distribution services that are to be made available to the contractor. 

(2) A requirement for the rates charged a contractor for 

storage and distribution services provided to a contractor under 

the pilot program to reflect the full cost to the United States of 

the resources used in providing the support and services, including the costs of resources used, but not paid for, by the Department of Defense. 

(3) With respect to a contract described in subsection (a) 

that is being performed for a department or agency outside the 

Department of Defense, a prohibition, in accordance with applicable contracting procedures, on the imposition of any charge 

on that department or agency for any effort of Department of 

Defense personnel or the contractor to correct deficiencies in the 

performance of such contract. 

(4) A prohibition on the imposition of any charge on a contractor for any effort of the contractor to correct a deficiency in 

the performance of storage and distribution services provided to 

the contractor under this section. 

(5) A requirement that storage and distribution services 

provided under the pilot program may not interfere with the 

mission of the Defense Logistics Agency or of any military department involved with the pilot program. 

(6) A requirement that any support contract for storage and 

distribution services entered into under the pilot program shall 

include a clause to indemnify the Government against any failure by the contractor to perform the support contract, and to remain responsible for performance of the primary contract. 

(e) RELATIONSHIP TO TREATY OBLIGATIONS.—The Secretary 

shall ensure that the exercise of authority under the pilot program 

under this section does not conflict with any obligation of the 

United States under any treaty or other international agreement. 

(f) REPORTS.— 

(1) SECRETARY OF DEFENSE.—Not later than the end of the 

fourth year of operation of the pilot program, the Secretary of 

Defense shall submit to the Committees on Armed Services of 

the Senate and House of Representatives a report describing— 

(A) the cost effectiveness for both the Government and 

industry of the pilot program; and 

(B) how support contracts under the pilot program affected meeting the requirements of primary contracts. 

(2) COMPTROLLER GENERAL.—Not later than the end of the 

fifth year of operation of the pilot program, the Comptroller 

General of the United States shall review the report of the Secretary under paragraph (1) for sufficiency and provide such recommendations in a report to the Committees on Armed Services 


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of the Senate and House of Representatives as the Comptroller 

General considers appropriate. 

(g) SUNSET.—The authority to enter into contracts under the 

pilot program shall expire six years after the date of the enactment 

of this Act. Any contracts entered into before such date shall continue in effect according to their terms. 

SEC. 884. NONTRADITIONAL AND SMALL CONTRACTOR INNOVATION 

PROTOTYPING PROGRAM. 

(a) IN GENERAL.—The Secretary of Defense shall conduct a pilot 

program for nontraditional defense contractors and small business 

concerns to design, develop, and demonstrate innovative prototype 

military platforms of significant scope for the purpose of demonstrating new capabilities that could provide alternatives to existing acquisition programs and assets. The Secretary shall establish 

the pilot program within the Departments of the Army, Navy, and 

Air Force, the Missile Defense Agency, and the United States Special Operations Command. 

(b) FUNDING.—There is authorized to be made available 

$250,000,000 from the Rapid Prototyping Fund established under 

section 804(d) of the National Defense Authorization Act for Fiscal 

Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note) to carry out 

the pilot program. 

(c) PLAN.— 

(1) IN GENERAL.—The Secretary of Defense shall submit to 

the congressional defense committees, concurrent 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, a plan to fund and carry out the pilot program in 

future years. 

(2) ELEMENTS.—The plan submitted under paragraph (1) 

shall consider maximizing use of— 

(A) broad agency announcements or other merit-based 

selection procedures; 

(B) the Department of Defense Acquisition Challenge 

Program authorized under section 2359b of title 10, United 

States Code; 

(C) the foreign comparative test program; 

(D) projects carried out under the Rapid Innovation 

Program of the Department of Defense or pursuant to a 

Phase III agreement (as defined in section 9(r)(2) of the 

Small Business Act (15 U.S.C. 638(r)(2))); and 

(E) streamlined procedures for acquisition provided 

under section 804 of the National Defense Authorization 

Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 

2302 note) and procedures for alternative acquisition pathways established under section 805 of such Act (10 U.S.C. 

2302 note). 

(d) PROGRAMS TO BE INCLUDED.—As part of the pilot program, 

the Secretary of Defense shall allocate up to $50,000,000 on a fixed 

price contractual basis for fiscal year 2017 or pursuant to the plan 

submitted under subsection (c) for demonstrations of the following 

capabilities: 

(1) Swarming of multiple unmanned air vehicles. 


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(2) Unmanned, modular fixed-wing aircraft that can be 

rapidly adapted to multiple missions and serve as a fifth generation weapons augmentation platform. 

(3) Vertical takeoff and landing tiltrotor aircraft. 

(4) Integration of a directed energy weapon on an air, sea, 

or ground platform. 

(5) Swarming of multiple unmanned underwater vehicles. 

(6) Commercial small synthetic aperture radar (SAR) satellites with on-board machine learning for automated, real-time 

feature extraction and predictive analytics. 

(7) Active protection system to defend against rocket-propelled grenades and anti-tank missiles. 

(8) Defense against hypersonic weapons, including sensors. 

(9) Other systems as designated by the Secretary. 

(e) DEFINITIONS.—In this section: 

(1) NONTRADITIONAL DEFENSE CONTRACTOR.—The term 

‘‘nontraditional defense contractor’’ has the meaning given the 

term in section 2302(9) of title 10, United States Code. 

(2) SMALL BUSINESS CONCERN.—The term ‘‘small business 

concern’’ has the meaning given the term in section 3 of the 

Small Business Act (15 U.S.C. 632). 

(f) SUNSET.—The authority under this section expires at the 

close of September 30, 2026. 

Subtitle H—Other Matters 

SEC. 885. REPORT ON BID PROTESTS. 

(a) REPORT REQUIRED.—Not later than 270 days after the date 

of the enactment of this Act, the Secretary of Defense shall enter into 

a contract with an independent research entity that is a not-for-profit entity or a federally funded research and development center with 

appropriate expertise and analytical capability to carry out a comprehensive study on the prevalence and impact of bid protests on 

Department of Defense acquisitions, including protests filed with 

contracting agencies, the Government Accountability Office, and the 

Court of Federal Claims. 

(b) ELEMENTS.—The report required by subsection (a) shall 

cover Department of Defense contracts and include, at a minimum, 

the following elements: 

(1) For employees of the Department, including the contracting officers, program executive officers, and program managers, the extent and manner in which the bid protest system 

affects or is perceived to affect— 

(A) the development of a procurement to avoid protests 

rather than improve acquisition; 

(B) the quality or quantity of pre-proposal discussions, 

discussions of proposals, or post-award debriefings; 

(C) the decision to use lowest price technically acceptable procurement methods; 

(D) the decision to make multiple awards or encourage 

teaming; 

(E) the ability to meet an operational or mission need 

or address important requirements; 

(F) the decision to use sole source award methods; and 

(G) the decision to exercise options on existing contracts. 


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(2) With respect to a company bidding on contracts or task 

or delivery orders, the extent and manner in which the bid protest system affects or is perceived to affect— 

(A) the decision to offer a bid or proposal on single 

award or multiple award contracts when the company is 

the incumbent contractor; 

(B) the decision to offer a bid or proposal on single 

award or multiple award contracts when the company is 

not the incumbent contractor; 

(C) the ability to engage in pre-proposal discussions, 

discussions of proposals, or post -award debriefings; 

(D) the decision to participate in a team or joint venture; and 

(E) the decision to file a protest with the agency concerned, the Government Accountability Office, or the Court 

of Federal Claims. 

(3) A description of trends in the number of bid protests 

filed with agencies, the Government Accountability Office, and 

Federal courts, the effectiveness of each forum for contracts and 

task or delivery orders, and the rate of such bid protests compared to contract obligations and the number of contracts. 

(4) An analysis of bid protests filed by incumbent contractors, including— 

(A) the rate at which such protesters are awarded 

bridge contracts or contract extensions over the period that 

the protest remains unresolved; and 

(B) an assessment of the cost and schedule impact of 

successful and unsuccessful bid protests filed by incumbent 

contractors on contracts for services with a value in excess 

of $100,000,000. 

(5) A comparison of the number of protests, the values of 

contested orders or contracts, and the outcome of protests for— 

(A) awards of contracts compared to awards of task or 

delivery orders; 

(B) contracts or orders primarily for products, compared to contracts or orders primarily for services; 

(C) protests filed pre-award to challenge the solicitation 

compared to those filed post- award; 

(D) contracts or awards with single protestors compared to multiple protestors; and 

(E) contracts with single awards compared to multiple 

award contracts. 

(6) An analysis of the number and disposition of protests 

filed with the contracting agency. 

(7) A description of trends in the number of bid protests 

filed as a percentage of contracts and as a percentage of task 

or delivery orders awarded during the same period of time, 

overall and set forth separately by the value of the contract or 

order, as follows: 

(A) Contracts valued in excess of $3,000,000,000. 

(B) Contracts valued between $500,000,000 and 

$3,000,000,000. 

(C) Contracts valued between $50,000,000 and 

$500,000,000. 


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(D) Contracts valued between $10,000,000 and 

$50,000,000. 

(E) Contracts valued under $10,000,000. 

(8) An assessment of the cost and schedule impact of successful and unsuccessful bid protests filed on contracts valued 

in excess of $3,000,000,000. 

(9) An analysis of how often protestors are awarded the 

contract that was the subject of the bid protest. 

(10) A summary of the results of protests in which the contracting agencies took unilateral corrective action, including— 

(A) at what point in the bid protest process the agency 

agreed to take corrective action; 

(B) the average time for remedial action to be completed; and 

(C) a determination regarding— 

(i) whether or to what extent the decision to take 

the corrective action was a result of a determination by 

the agency that there had been a probable violation of 

law or regulation; or 

(ii) whether or to what extent such corrective action 

was a result of some other factor. 

(11) A description of the time it takes agencies to implement 

corrective actions after a ruling or decision, and the percentage 

of those corrective actions that are subsequently protested, including the outcome of any subsequent protest. 

(12) An analysis of those contracts with respect to which a 

company files a protest (referred to as the ‘‘initial protest’’) and 

later files another protest (referred to as the ‘‘subsequent protest’’), analyzed by the forum of the initial protest and the subsequent protest, including any difference in the outcome, between the forums. 

(13) An analysis of the effect of the quantity and quality of 

debriefings on the frequency of bid protests. 

(14) An analysis of the time spent at each phase of the procurement process attempting to prevent a protest, addressing a 

protest, or taking corrective action in response to a protest, including the efficacy of any actions attempted to prevent the occurrence of a protest. 

(c) BRIEFING.—Not later than March 1, 2017, the Secretary, or 

his designee, shall brief the Committees on Armed Services of the 

Senate and House of Representatives on interim findings of the 

independent entity. 

(d) REPORT.—Not later than one year after the date of the enactment of this Act, the independent entity that conducts the study 

under subsection (a) shall provide to the Secretary of Defense and 

the congressional defense committees a report on the results of the 

study, along with any related recommendations. 

SEC. 886. REVIEW AND REPORT ON INDEFINITE DELIVERY CONTRACTS. 

(a) REPORT.—The Comptroller General of the United States 

shall deliver, not later than March 31, 2018, a report to Congress 

on the use by the Department of Defense of indefinite delivery contracts entered into during fiscal years 2015, 2016, and 2017. 

(b) ELEMENTS.—The report under subsection (a) shall address, 

at a minimum, the following: 


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(1) A review of Department of Defense policies for entering 

into and using indefinite delivery contracts, including requirements for competition, as well as the guidance, if any, on the 

appropriate number of vendors that should receive multiple 

award indefinite delivery contracts. 

(2) The number and value of all indefinite delivery contracts entered into by the Department of Defense, including the 

number and value of such contracts entered into with a single 

vendor. 

(3) An assessment of the number and value of indefinite delivery contracts entered into by the Department of Defense that 

included competition between multiple vendors. 

(4) Selected case studies of indefinite delivery contracts, including an assessment of whether any such contracts may have 

limited future opportunities for competition for the services or 

items required. 

(5) Recommendations for potential changes to current law 

or Department of Defense acquisition regulations or guidance to 

promote competition with respect to indefinite delivery contracts. 

SEC. 887. REVIEW AND REPORT ON CONTRACTUAL FLOW-DOWN PROVISIONS. 

(a) REVIEW REQUIRED.—The Secretary of Defense shall conduct 

a review of contractual flow-down provisions related to major defense acquisition programs on contractors and suppliers, including 

small businesses, contractors for commercial items, nontraditional 

defense contractors, universities, and not-for-profit research institutions. The review shall— 

(1) identify the flow-down provisions that exist in the Federal Acquisition Regulation and the Defense Federal Acquisition 

Regulation Supplement; 

(2) identify the flow-down provisions that are critical for 

national security; 

(3) examine the extent to which clauses in contracts with 

the Department of Defense are being applied inappropriately in 

subcontracts under the contracts; 

(4) assess the applicability of flow-down provisions for the 

purchase of commodity items that are acquired in bulk for multiple acquisition programs; 

(5) determine the unnecessary costs or burdens, if any, of 

flow-down provisions on the supply chain; 

(6) determine the effect, if any, of flow-down provisions on 

the participation rate of small businesses, contractors for commercial items, nontraditional defense contractors, universities, 

and not-for-profit research organizations in defense acquisition 

efforts; and 

(7) determine the effect, if any, of flow-down provisions on 

Department of Defense access to advanced research and technology capabilities available in the private sector. 

(b) CONTRACT.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with an independent entity with appropriate expertise to conduct the review required by subsection (a). 

(c) REPORT.—Not later than August 1, 2017, the Secretary shall 

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ings of the independent entity, along with a description of any actions that the Secretary proposes to address the findings of the independent entity. 

SEC. 888. REQUIREMENT AND REVIEW RELATING TO USE OF BRAND 

NAMES OR BRAND-NAME OR EQUIVALENT DESCRIPTIONS 

IN SOLICITATIONS. 

(a) REQUIREMENT.—The Secretary of Defense shall ensure that 

competition in Department of Defense contracts is not limited 

through the use of specifying brand names or brand-name or equivalent descriptions, or proprietary specifications or standards, in solicitations unless a justification for such specification is provided 

and approved in accordance with section 2304(f) of title 10, United 

States Code. 

(b) REVIEW OF ANTI-COMPETITIVE SPECIFICATIONS IN INFORMA- TION TECHNOLOGY ACQUISITIONS.— (1) REVIEW REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall conduct a 

review of the policy, guidance, regulations, and training related 

to specifications included in information technology acquisitions 

to ensure current policies eliminate the unjustified use of potentially anti-competitive specifications. In conducting the review, 

the Under Secretary shall examine the use of brand names or 

proprietary specifications or standards in solicitations for procurements of goods and services, as well as the current acquisition training curriculum related to those areas. 

(2) BRIEFING REQUIRED.—Not later than 270 days after the 

date of the enactment of this Act, the Under Secretary shall provide a briefing to the Committees on Armed Services of the Senate and House of Representatives on the results of the review required by paragraph (1). 

(3) ADDITIONAL GUIDANCE.—Not later than one year after 

the date of the enactment of this Act, the Under Secretary shall 

revise policies, guidance, and training to incorporate such recommendations as the Under Secretary considers appropriate 

from the review required by paragraph (1). 

SEC. 889. INCLUSION OF INFORMATION ON COMMON GROUNDS FOR 

SUSTAINING BID PROTESTS IN ANNUAL GOVERNMENT ACCOUNTABILITY OFFICE REPORTS TO CONGRESS. 

The Comptroller General of the United States shall include in 

the annual report to Congress on the Government Accountability Office each year a list of the most common grounds for sustaining protests relating to bids for contracts during such year. 

SEC. 890. STUDY AND REPORT ON CONTRACTS AWARDED TO MINORITY-OWNED AND WOMEN-OWNED BUSINESSES. 

(a) STUDY.—The Comptroller General of the United States shall 

carry out a study on the number and types of contracts for the procurement of goods or services for the Department of Defense awarded to minority-owned and women-owned businesses during fiscal 

years 2010 through 2015. In conducting the study, the Comptroller 

General shall identify minority-owned businesses according to the 

categories identified in the Federal Procurement Data System (described in section 1122(a)(4)(A) of title 41, United States Code). 

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gressional defense committees a report on the results of the study 

under subsection (a). 

SEC. 891. AUTHORITY TO PROVIDE REIMBURSABLE AUDITING SERVICES TO CERTAIN NON-DEFENSE AGENCIES. 

Section 893(a) of the National Defense Authorization Act for 

Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2313 note) is 

amended— 

(1) in paragraph (1), by inserting ‘‘except as provided in 

paragraph (2),’’ after ‘‘this Act,’’; and 

(2) by amending paragraph (2) to read as follows: 

‘‘(2) EXCEPTION FOR NATIONAL NUCLEAR SECURITY ADMINISTRATION.—Notwithstanding paragraph (1), the Defense Contract Audit Agency may provide audit support on a reimbursable basis for the National Nuclear Security Administration.’’. 

SEC. 892. SELECTION OF SERVICE PROVIDERS FOR AUDITING SERVICES AND AUDIT READINESS SERVICES. 

The Department of Defense shall select service providers for auditing services and audit readiness services based on the best value 

to the Department, as determined by the resource sponsor for an auditing contract, rather than based on the lowest price technically acceptable service provider. 

SEC. 893. AMENDMENTS TO CONTRACTOR BUSINESS SYSTEM REQUIREMENTS. 

(a) BUSINESS SYSTEM REQUIREMENTS.—Section 893 of the Ike 

Skelton National Defense Authorization Act for Fiscal Year 2011 

(Public Law 111–383; 10 U.S.C. 2302 note) is amended in subsection (b)(1), by striking ‘‘system requirements’’ and inserting ‘‘clear 

and specific business system requirements that are identified and 

made publicly available’’. 

(b) THIRD-PARTY INDEPENDENT AUDITOR REVIEWS.—Section 893 

of such Act is further amended— 

(1) by redesignating subsections (c), (d), (e), (f), and (g) as 

subsections (d), (e), (f), (g), and (h), respectively; and 

(2) by inserting after subsection (b) the following new subsection (c): 

‘‘(c) REVIEW BY THIRD-PARTY INDEPENDENT AUDITORS.—The review process for contractor business systems pursuant to subsection 

(b)(2) shall— 

‘‘(1) if a registered public accounting firm attests to the internal control assessment of a contractor, pursuant to section 

404(b) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262(b)), 

allow the contractor, subject to paragraph (3), to submit certified documentation from such registered public accounting 

firm that the contractor business systems of the contractor meet 

the business system requirements referred to in subsection (b)(1) 

and to thereby eliminate the need for further review of the contractor business systems by the Secretary of Defense; 

‘‘(2) limit the review, subject to paragraph (3), of the contractor business systems of a contractor that is not a covered 

contractor to confirming that the contractor uses the same contractor business system for its Government and commercial 

work and that the outputs of the contractor business system 

based on statistical sampling are reasonable; and 


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‘‘(3) allow a milestone decision authority to require a review 

of a contractor business system of a contractor that submits 

documentation pursuant to paragraph (1) or that is not a covered contractor after determining in writing that such a review 

is necessary to appropriately manage contractual risk.’’. 

(c) AMENDMENT TO DEFINITION OF COVERED CONTRACTOR.— 

Section 893 of such Act is further amended in subsection (g), as so 

redesignated, by striking ‘‘means a contractor’’ and all that follows 

and inserting ‘‘means a contractor that has covered contracts with 

the United States Government accounting for greater than 1 percent 

of its total gross revenue, except that the term does not include any 

contractor that is exempt, under section 1502 of title 41, United 

States Code, or regulations implementing that section, from using 

full cost accounting standards established in that section.’’. 

(d) REPEAL OF OBSOLETE DEADLINE.—Section 893 of such Act 

is further amended in subsection (a) by striking ‘‘Not later than 270 

days after the date of the enactment of this Act, the’’ and inserting 

‘‘The’’. 

SEC. 894. IMPROVED MANAGEMENT PRACTICES TO REDUCE COST AND 

IMPROVE PERFORMANCE OF CERTAIN DEPARTMENT OF 

DEFENSE ORGANIZATIONS. 

(a) IN GENERAL.—Beginning not later than 180 days after the 

date of the enactment of this Act, the Secretary of Defense shall designate units, subunits, or entities of the Department of Defense, 

other than Centers of Industrial and Technical Excellence designated pursuant to section 2474 of title 10, United States Code, 

that conduct work that is commercial in nature or is not inherently 

governmental to prioritize efforts to conduct business operations in 

a manner that uses modern, commercial management practices and 

principles to reduce the costs and improve the performance of such 

organizations. 

(b) ADOPTION OF MODERN BUSINESS PRACTICES.—The Secretary shall ensure that each such unit, subunit, or entity of the Department described in subsection (a) is authorized to adopt and implement best commercial and business management practices to 

achieve the goals described in such subsection. 

(c) WAIVERS.—The Secretary shall authorize waivers of Department of Defense, military service, and Defense Agency regulations, 

as appropriate, to achieve the goals in subsection (a), including in 

the following areas: 

(1) Financial management. 

(2) Human resources. 

(3) Facility and plant management. 

(4) Acquisition and contracting. 

(5) Partnerships with the private sector. 

(6) Other business and management areas as identified by 

the Secretary. 

(d) GOALS.—The Secretary of Defense shall identify savings 

goals to be achieved through the implementation of the commercial 

and business management practices adopted under subsection (b), 

and establish a schedule for achieving the savings. 

(e) BUDGET ADJUSTMENT.—The Secretary shall establish policies to adjust organizational budget allocations, at the Secretary’s 

discretion, for purposes of— 


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(1) using savings derived from implementation of best commercial and business management practices for high priority 

military missions of the Department of Defense; 

(2) creating incentives for the most efficient and effective development and adoption of new commercial and business management practices by organizations; and 

(3) investing in the development of new commercial and 

business management practices that will result in further savings to the Department of Defense. 

(f) BUDGET BASELINES.—Beginning not later than one year 

after the date of the enactment of this Act, each such unit, subunit, 

or entity of the Department described in subsection (a) shall, in accordance with such guidance as the Secretary of Defense shall establish for purposes of this section— 

(1) establish an annual baseline cost estimate of its operations; and 

(2) certify that costs estimated pursuant to paragraph (1) 

are wholly accounted for and presented in a format that is comparable to the format for the presentation of such costs for other 

elements of the Department or consistent with best commercial 

practices. 

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. 

(a) WAIVER AUTHORITY.—Notwithstanding subsection (c)(2) of 

section 11103 of title 40, United States Code, a national security 

system described in subsection (a)(1)(D) of such section shall not be 

subject to the requirements of paragraphs (2) through (5) of section 

11312(b) of such title unless the milestone decision authority determines in writing that application of such requirements is appropriate and in the best interests of the Department of Defense. 

(b) MILESTONE DECISION AUTHORITY DEFINED.—In this section, 

the term ‘‘milestone decision authority’’ has the meaning given the 

term in section 2366a(d)(7) of title 10, United States Code. 

SEC. 896. MODIFICATIONS TO PILOT PROGRAM FOR STREAMLINING 

AWARDS FOR INNOVATIVE TECHNOLOGY PROJECTS. 

Section 873 of the National Defense Authorization Act for Fiscal 

Year 2016 (Public Law 114–92; 10 U.S.C. 2306a note) is amended— 

(1) in subsection (a)(2), by inserting ‘‘or Small Business 

Technology Transfer Program’’ after ‘‘Small Business Innovation Research Program’’; 

(2) in subsection (b)— 

(A) by inserting ‘‘subparagraphs (A), (B), and (C) of 

section 2313(a)(2) of title 10, United States Code, and’’ before ‘‘subsection (b) of section 2313’’; and 

(B) in paragraph (2), by inserting ‘‘, and if such performance audit is initiated within 18 months of the contract completion’’ before the period at the end; 

(3) by redesignating subsections (c), (d), and (e) as subsections (f), (g), and (h), respectively; and 

(4) by inserting after subsection (b) the following new subsections: 

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vation Research Program or Small Business Technology Transfer 

Program for the pilot program under this section shall be considered to be use of competitive procedures for purposes of chapter 137 

of title 10, United States Code. 

‘‘(d) DISCRETION TO USE NON-CERTIFIED ACCOUNTING SYS- TEMS.—In executing programs under this pilot program, the Secretary of Defense shall establish procedures under which a small 

business or nontraditional contractor may engage an independent 

certified public accountant for the review and certification of its accounting system for the purposes of any audits required by regulation, unless the head of the agency determines that this is not appropriate based on past performance of the specific small business or 

nontraditional defense contractor, or based on analysis of other information specific to the award. 

‘‘(e) GUIDANCE AND TRAINING.—The Secretary of Defense shall 

ensure that acquisition and auditing officials are provided guidance 

and training on the flexible use and tailoring of authorities under 

the pilot program to maximize efficiency and effectiveness.’’. 

SEC. 897. RAPID PROTOTYPING FUNDS FOR THE MILITARY DEPARTMENTS. 

Section 804(d) of the National Defense Authorization Act for 

Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note), as 

amended by section 864 of this Act, is further amended— 

(1) in the subsection heading, by striking ‘‘FUND’’ and inserting ‘‘FUNDS’’; 

(2) in paragraph (1), by striking ‘‘IN GENERAL.—The Secretary’’ and inserting the following: ‘‘DEPARTMENT OF DEFENSE

RAPID PROTOTYPING FUND.— 

‘‘(A) IN GENERAL.—The Secretary’’; 

(3) by redesignating paragraphs (2) and (3) as subparagraphs (B) and (C), respectively, and moving such subparagraphs, as so redesignated, two ems to the right; 

(4) in subparagraph (B), as redesignated by paragraph (3), 

by striking ‘‘this subsection’’ and inserting ‘‘this paragraph’’; 

and 

(5) by inserting after paragraph (1) the following new paragraph: 

‘‘(2) RAPID PROTOTYPING FUNDS FOR THE MILITARY DEPARTMENTS.—The Secretary of each military department may establish a military department-specific fund (and, in the case of the 

Secretary of the Navy, including the Marine Corps) to provide 

funds, in addition to other funds that may be available to the 

military department concerned, for acquisition programs under 

the rapid fielding and prototyping pathways established pursuant to this section. Each military department-specific fund shall 

consist of amounts appropriated or credited to the fund.’’. 

SEC. 898. ESTABLISHMENT OF PANEL ON DEPARTMENT OF DEFENSE 

AND ABILITYONE CONTRACTING OVERSIGHT, ACCOUNTABILITY, AND INTEGRITY; DEFENSE ACQUISITION UNIVERSITY TRAINING. 

(a) ESTABLISHMENT OF PANEL ON DEPARTMENT OF DEFENSE

AND ABILITYONE CONTRACTING OVERSIGHT, ACCOUNTABILITY, AND

INTEGRITY.— 

(1) IN GENERAL.—The Secretary of Defense shall establish 

a panel to be known as the ‘‘Panel on Department of Defense 


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and AbilityOne Contracting Oversight, Accountability, and Integrity’’ (hereafter in this section referred to as the ‘‘Panel’’). The 

Panel shall be supported by the Defense Acquisition University, 

established under section 1746 of title 10, United States Code, 

and the National Defense University, including administrative 

support. 

(2) COMPOSITION.—The Panel shall be composed of the following: 

(A) A representative of the Under Secretary of Defense 

for Acquisition, Technology, and Logistics, who shall be the 

chairman of the Panel. 

(B) A representative from the AbilityOne Commission. 

(C) A representative of the service acquisition executive 

of each military department and Defense Agency (as such 

terms are defined, respectively, in section 101 of title 10, 

United States Code). 

(D) A representative of the Under Secretary of Defense 

(Comptroller). 

(E) A representative of the Inspector General of the Department of Defense and the AbilityOne Commission. 

(F) A representative from each of the Army Audit Agency, the Navy Audit Service, the Air Force Audit Agency, 

and the Defense Contract Audit Agency. 

(G) The President of the Defense Acquisition University, or a designated representative. 

(H) One or more subject matter experts on veterans employment from a veterans service organization. 

(I) A representative of the Commission Directorate of 

Veteran Employment of the AbilityOne Commission whose 

duties include maximizing opportunities to employ significantly disabled veterans in accordance with the regulations 

of the AbilityOne Commission. 

(J) One or more representatives from the Department of 

Justice who are subject matter experts on compliance with 

disability rights laws applicable to contracts of the Department of Defense and the AbilityOne Commission. 

(K) One or more representatives from the Department 

of Justice who are subject matter experts on Department of 

Defense contracts, Federal Prison Industries, and the requirements of the Javits-Wagner-O’Day Act. 

(L) Such other representatives as may be determined 

appropriate by the Under Secretary of Defense for Acquisition, Technology, and Logistics. 

(b) MEETINGS.—The Panel shall meet as determined necessary 

by the chairman of the Panel, but not less often than once every 

three months. 

(c) DUTIES.—The Panel shall— 

(1) review the status of and progress relating to the implementation of the recommendations of report number DODIG– 

2016–097 of the Inspector General of the Department of Defense 

titled ‘‘DoD Generally Provided Effective Oversight of 

AbilityOne Contracts’’, published on June 17, 2016; 

(2) recommend actions the Department of Defense and the 

AbilityOne Commission may take to eliminate waste, fraud, 


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and abuse with respect to contracts of the Department of Defense and the AbilityOne Commission; 

(3) recommend actions the Department of Defense and the 

AbilityOne Commission may take to ensure opportunities for the 

employment of significantly disabled veterans and the blind 

and other severely disabled individuals; 

(4) recommend changes to law, regulations, and policy that 

the Panel determines necessary to eliminate vulnerability to 

waste, fraud, and abuse with respect to the performance of contracts of the Department of Defense; 

(5) recommend criteria for veterans with disabilities to be 

eligible for employment opportunities through the programs of 

the AbilityOne Commission that considers the definitions of disability used by the Secretary of Veterans Affairs and the 

AbilityOne Commission; 

(6) recommend ways the Department of Defense and the 

AbilityOne Commission may explore opportunities for competition among qualified nonprofit agencies or central nonprofit 

agencies and ensure an equitable selection and allocation of 

work to qualified nonprofit agencies; 

(7) recommend changes to business practices, information 

systems, and training necessary to ensure that— 

(A) the AbilityOne Commission complies with regulatory requirements related to the establishment and 

maintenence of the procurement list established pursuant to 

section 8503 of title 41, United States Code; and 

(B) the Department of Defense complies with the statutory and regulatory requirements for use of such procurement list; and 

(8) any other duties determined necessary by the Secretary 

of Defense. 

(d) CONSULTATION.—To carry out the duties described in subsection (c), the Panel may consult or contract with other executive 

agencies and with experts from qualified nonprofit agencies or central nonprofit agencies on— 

(1) compliance with disability rights laws applicable to contracts of the Department of Defense and the AbilityOne Commission; 

(2) employment of significantly disabled veterans; and 

(3) vocational rehabilitation. 

(e) AUTHORITY.—To carry out the duties described in subsection 

(c), the Panel may request documentation or other information needed from the AbilityOne Commission, central nonprofit agencies, and 

qualified nonprofit agencies. 

(f) PANEL RECOMMENDATIONS AND MILESTONE DATES.— 

(1) MILESTONE DATES FOR IMPLEMENTING RECOMMENDATIONS.—After consulting with central nonprofit agencies and 

qualified nonprofit agencies, the Panel shall suggest milestone 

dates for the implementation of the recommendations made 

under subsection (c) and shall notify the congressional defense 

committees, the Committee on Oversight and Government Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, qualified 

nonprofit agencies, and central nonprofit agencies of such dates. 


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(2) NOTIFICATION OF IMPLEMENTATION OF RECOMMENDA- TIONS.—After the establishment of milestone dates under paragraph (1), the Panel may review the activities, including contracts, of the AbilityOne Commission, the central nonprofit 

agencies, and the relevant qualified nonprofit agencies to determine if the recommendations made under subsection (c) are 

being substantially implemented in good faith by the AbilityOne 

Commission or such agencies. If the Panel determines that the 

AbilityOne Commission or any such agency is not implementing 

the recommendations, the Panel shall notify the Secretary of 

Defense, the congressional defense committees, the Committee 

on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and 

Governmental Affairs of the Senate. 

(g) REMEDIES.— 

(1) IN GENERAL.—Upon receiving notification under subsection (f)(2) and subject to the limitation in paragraph (2), the 

Secretary of Defense may take one of the following actions: 

(A) With respect to a notification relating to the 

AbilityOne Commission, the Secretary may suspend compliance with the requirement to procure a product or service 

in section 8504 of title 41, United States Code, until the 

date on which the Secretary notifies Congress, in writing, 

that the AbilityOne Commission is substantially implementing the recommendations made under subsection (c). 

(B) With respect to a notification relating to a qualified 

nonprofit agency, the Secretary may terminate a contract 

with such agency that is in existence on the date of receipt 

of such notification, or elect to not enter into a contract 

with such agency after such date, until the date on which 

the AbilityOne Commission certifies to the Secretary that 

such agency is substantially implementing the recommendations made under subsection (c). 

(C) With respect to a notification relating to a central 

nonprofit agency, the Secretary may include a term in a 

contract entered into after the date of receipt of such notification with a qualified nonprofit agency that is under such 

central nonprofit agency that states that such qualified 

nonprofit agency shall not pay a fee to such central nonprofit agency until the date on which the AbilityOne Commission certifies to the Secretary that such central nonprofit 

agency is substantially implementing the recommendations 

made under subsection (c). 

(2) LIMITATION.—If the Secretary of Defense takes any of 

the actions described in paragraph (1), the Secretary shall coordinate with the AbilityOne Commission or the relevant central nonprofit agency, as appropriate, to fully implement the 

recommendations made under subsection (c). On the date on 

which such recommendations are fully implemented, the Secretary shall notify Congress, in writing, and the Secretary’s authority under paragraph (1) shall terminate. 

(h) PROGRESS REPORTS.— (1) CONSULTATION ON RECOMMENDATIONS.—Before submitting the progress report required under paragraph (2), the 

Panel shall consult with the AbilityOne Commission on draft 


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recommendations made pursuant to subsection (c). The Panel 

shall include any recommendations of the AbilityOne Commission in the progress report submitted under paragraph (2). 

(2) PROGRESS REPORT.—Not later than 180 days after the 

date of the enactment of this Act, the Panel shall submit to the 

Secretary of Defense, the Chairman of the AbilityOne Commission, the congressional defense committees, the Committee on 

Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a progress report on the activities 

of the Panel. 

(i) ANNUAL REPORT.— 

(1) CONSULTATION ON REPORT.—Before submitting the annual report required under paragraph (2), the Panel shall consult with the AbilityOne Commission on the contents of the report. The Panel shall include any recommendations of the 

AbilityOne Commission in the report submitted under paragraph (2). 

(2) REPORT.—Not later than September 30, 2017, and annually thereafter for the next three years, the Panel shall submit 

to the Secretary of Defense, the Chairman of the AbilityOne 

Commission, the congressional defense committees, the Committee on Oversight and Government Reform of the House of 

Representatives, and the Committee on Homeland Security and 

Governmental Affairs of the Senate a report that includes— 

(A) a summary of findings and recommendations for 

the year covered by the report; 

(B) a summary of the progress of the relevant qualified 

nonprofit agencies or central nonprofit agencies in implementing recommendations of the previous year’s report, if 

applicable; 

(C) an examination of the current structure of the 

AbilityOne Commission to eliminate waste, fraud, and 

abuse and to ensure contracting integrity and accountability for any violations of law or regulations; 

(D) recommendations for any changes to the acquisition and contracting practices of the Department of Defense 

and the AbilityOne Commission to improve the delivery of 

goods and services to the Department of Defense; and 

(E) recommendations for administrative safeguards to 

ensure the Department of Defense and the AbilityOne Commission are in compliance with the requirements of the 

Javits-Wagner-O’Day Act, Federal civil rights law, and regulations and policy related to the performance of contracts 

of the Department of Defense with qualified nonprofit agencies and the contracts of the AbilityOne Commission with 

central nonprofit agencies. 

(j) SUNSET.—The Panel shall terminate on the date of submission of the last annual report required under subsection (i). 

(k) INAPPLICABILITY OF FACA.—The requirements of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 

Panel established pursuant to subsection (a). 

(l) DEFENSE ACQUISITION UNIVERSITY TRAINING.— 

(1) IN GENERAL.—The Secretary of Defense shall establish 

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lished under section 1746 of title 10, United States Code. Such 

training shall include— 

(A) information about— 

(i) the mission of the AbilityOne Commission; 

(ii) the employment of significantly disabled veterans through contracts from the procurement list 

maintained by the AbilityOne Commission; 

(iii) reasonable accommodations and accessibility 

requirements for the blind and other severely disabled 

individuals; and 

(iv) Executive orders and other subjects related to 

the blind and other severely disabled individuals, as 

determined by the Secretary of Defense; and 

(B) procurement, acquisition, program management, 

and other training specific to procuring goods and services 

for the Department of Defense pursuant to the Javits-Wagner-O’Day Act. 

(2) ACQUISITION WORKFORCE ASSIGNMENT.—Members of the 

acquisition workforce (as defined in section 101 of title 10, 

United States Code) who have participated in the training described in paragraph (1) are eligible for a detail to the 

AbilityOne Commission. 

(3) ABILITYONE COMMISSION ASSIGNMENT.—Career employees of the AbilityOne Commission may participate in the training program described in paragraph (1) on a non-reimbursable 

basis for up to three years and on a non-reimbursable or reimbursable basis thereafter. 

(4) FUNDING.—Amounts from the Department of Defense 

Acquisition Workforce Development Fund established under section 1705 of title 10, United States Code, are authorized for use 

for the detail of members of the acquisition workforce to the 

AbilityOne Commission. 

(m) DEFINITIONS.—In this section: 

(1) The term ‘‘AbilityOne Commission’’ means the Committee for Purchase From People Who Are Blind or Severely 

Disabled established under section 8502 of title 41, United 

States Code. 

(2) The terms ‘‘blind’’, ‘‘qualified nonprofit agency for the 

blind’’, ‘‘qualified nonprofit agency for other severely disabled’’, 

and ‘‘severely disabled individual’’ have the meanings given 

such terms under section 8501 of such title. 

(3) The term ‘‘central nonprofit agency’’ means a central 

nonprofit agency designated under section 8503(c) of such title. 

(4) The term ‘‘executive agency’’ has the meaning given such 

term in section 133 of such title. 

(5) The term ‘‘Javits-Wagner-O’Day Act’’ means chapter 85 

of such title. 

(6) The term ‘‘qualified nonprofit agency’’ means— 

(A) a qualified nonprofit agency for the blind; or 

(B) a qualified nonprofit agency for other severely disabled. 

(7) The term ‘‘significantly disabled veteran’’ means a veteran (as defined in section 101 of title 38, United States Code) 

who is a severely disabled individual. 


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SEC. 899. COAST GUARD MAJOR ACQUISITION PROGRAMS. 

(a) FUNCTIONS OF CHIEF ACQUISITION OFFICER.—Section 56(c) 

of title 14, United States Code, is amended by striking ‘‘and’’ after 

the semicolon at the end of paragraph (8), striking the period at the 

end of paragraph (9) and inserting ‘‘; and’’, and adding at the end 

the following: 

‘‘(10)(A) keeping the Commandant informed of the progress 

of major acquisition programs (as that term is defined in section 581); 

‘‘(B) informing the Commandant on a continuing basis of 

any developments on such programs that may require new or 

revisited trade-offs among cost, schedule, technical feasibility, 

and performance, including— 

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

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

‘‘(C) ensuring that the views of the Commandant regarding 

such programs on cost, schedule, technical feasibility, and performance trade-offs are strongly considered by program managers and program executive officers in all phases of the acquisition process.’’. 

(b) CUSTOMER SERVICE MISSION OF DIRECTORATE.— 

(1) IN GENERAL.—Chapter 15 of title 14, United States 

Code, is amended— 

(A) in section 561(b)— 

(i) in paragraph (1), by striking ‘‘; and’’ and inserting a semicolon; 

(ii) in paragraph (2), by striking the period and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

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

(B) in section 562, by repealing subsection (b) and redesignating subsections (c), (d), (f), and (g) as subsections 

(b), (c), (d), and (e), respectively; 

(C) in section 563, by striking ‘‘Not later than 180 days 

after the date of enactment of the Coast Guard Authorization Act of 2010, the Commandant shall commence implementation of’’ and inserting ‘‘The Commandant shall maintain’’; 

(D) by adding at the end of section 564 the following: 

‘‘(c) ACQUISITION OF UNMANNED AERIAL SYSTEMS.— ‘‘(1) IN GENERAL.—During any fiscal year for which funds 

are appropriated for the design or construction of the Offshore 

Patrol Cutter, the Commandant— 

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

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

‘‘(i) if such a system has been acquired by, or has 

been used by, the Department of Defense or the Department of Homeland Security, or a component thereof, 

before the date on which the Commandant acquires the 

system; and 

‘‘(ii) through an agreement with such a department 

or component, unless the unmanned aerial system can 


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be obtained at less cost through independent contract 

action. 

‘‘(2) LIMITATIONS ON APPLICATION.— ‘‘(A) SMALL UNMANNED AERIAL SYSTEMS.—The limitations in paragraph (1)(B) do not apply to any small unmanned aerial system that consists of— 

‘‘(i) an unmanned aircraft weighing less than 55 

pounds on takeoff, including all components and 

equipment on board or otherwise attached to the aircraft; and 

‘‘(ii) associated elements (including communication 

links and the components that control such aircraft) 

that are required for the safe and efficient operation of 

such aircraft. 

‘‘(B) PREVIOUSLY FUNDED SYSTEMS.—The limitations in 

paragraph (1) do not apply to the design or acquisition of 

an unmanned aerial system for which funds for research, 

development, test, and evaluation have been received from 

the Department of Defense or the Department of Homeland 

Security’’; 

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

‘‘§ 578. Role of Vice Commandant in major acquisition programs 

‘‘The Vice Commandant— 

‘‘(1) shall represent the customer of a major acquisition program with regard to trade-offs made among cost, schedule, 

technical feasibility, and performance with respect to such program; and 

‘‘(2) shall advise the Commandant in decisions regarding 

the balancing of resources against priorities, and associated 

trade-offs referred to in paragraph (1), on behalf of the customer of a major acquisition program. 

‘‘§ 579. Extension of major acquisition program contracts 

‘‘(a) IN GENERAL.—Notwithstanding section 564(a)(2) of this 

title and section 2304 of title 10, and subject to subsections (b) and 

(c) of this section, the Secretary may acquire additional units procured under a Coast Guard major acquisition program contract, by 

extension of such contract without competition, if the Director of the 

Cost Analysis Division of the Department of Homeland Security determines that the costs that would be saved through award of a new 

contract in accordance with such sections would not exceed the costs 

of such an award. 

‘‘(b) LIMITATION ON NUMBER OF ADDITIONAL UNITS.—The number of additional units acquired under a contract extension under 

this section may not exceed the number of additional units for 

which such determination is made. 

‘‘(c) DETERMINATION OF COSTS UPON REQUEST.—The Director 

of the Cost Analysis Division of the Department of Homeland Security shall, at the request of the Secretary, determine for purposes of 

this section— 

‘‘(1) the costs that would be saved through award of a new 

major acquisition program contract in accordance with section 


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564(a)(2) for the acquisition of a number of additional units 

specified by the Secretary; and 

‘‘(2) the costs of such award, including the costs that would 

be incurred due to acquisition schedule delays and asset design 

changes associated with such award. 

‘‘(d) NUMBER OF EXTENSIONS.—A contract may be extended 

under this section more than once.’’; and 

(F) in section 581— 

(i) by redesignating paragraphs (7) through (10) as 

paragraphs (9) through (12), respectively, and by redesignating paragraphs (3) through (6) as paragraphs (4) 

through (7), respectively; 

(ii) by inserting after paragraph (2) the following: 

‘‘(3) CUSTOMER OF A MAJOR ACQUISITION PROGRAM.—The 

term ‘customer of a major acquisition program’ means the operating field unit of the Coast Guard that will field the system 

or systems acquired under a major acquisition program.’’; and 

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

‘‘(8) MAJOR ACQUISITION PROGRAM.—The term ‘major acquisition program’ means an ongoing acquisition undertaken by 

the Coast Guard with a life-cycle cost estimate greater than or 

equal to $300,000,000.’’. 

(2) CLERICAL AMENDMENT.—The analysis at the beginning 

of such chapter is amended by adding at the end of the items 

relating to subchapter II the following: 

‘‘578. Role of Vice Commandant in major acquisition programs. 

‘‘579. Extension of major acquisition program contracts.’’. 

(c) REVIEW REQUIRED.— 

(1) REQUIREMENT.—The Commandant of the Coast Guard 

shall conduct a review of— 

(A) the authorities provided to the Commandant in 

chapter 15 of title 14, United States Code, and other relevant statutes and regulations related to Coast Guard acquisitions, including developing recommendations to ensure 

that the Commandant plays an appropriate role in the development of requirements, acquisition processes, and the 

associated budget practices; 

(B) implementation of the strategy prepared in accordance with section 562(b)(2) of title 14, United States Code, 

as in effect before the enactment of the National Defense 

Authorization Act for Fiscal Year 2017; and 

(C) acquisition policies, directives, and regulations of 

the Coast Guard to ensure such policies, directives, and 

regulations establish a customer-oriented acquisition system. 

(2) REPORT.—Not later than March 1, 2017, the Commandant shall submit to the Committee on Transportation and 

Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate 

a report containing, at a minimum, the following: 

(A) The recommendations developed by the Commandant under paragraph (1) and other results of the review conducted under such paragraph. 


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(B) The actions the Commandant is taking, if any, 

within the Commandant’s existing authority to implement 

such recommendations. 

(3) MODIFICATION OF POLICIES, DIRECTIVES, AND REGULA- TIONS.—Not later than one year after the date of the enactment 

of this Act, the Commandant of the Coast Guard shall modify 

the acquisition policies, directives, and regulations of the Coast 

Guard as necessary to ensure the development and implementation of a customer-oriented acquisition system, pursuant to the 

review under paragraph (1)(C). 

(d) ANALYSIS OF USING MULTIYEAR CONTRACTING.— (1) IN GENERAL.—No later than one year after the date of 

the enactment of this Act, the Secretary of the department in 

which the Coast Guard is operating shall submit to the Committee on Transportation and Infrastructure of the House of 

Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate an analysis of the use of multiyear 

contracting, including procurement authority provided under 

section 2306b of title 10, United States Code, and authority 

similar to that granted to the Navy under section 121(b) of the 

National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1648) and section 150 of the Continuing Appropriations Act, 2011 (Public Law 111–242; 124 

Stat. 3519), to acquire any combination of at least five— 

(A) Fast Response Cutters, beginning with hull 43; and 

(B) Offshore Patrol Cutters, beginning with hull 5. 

(2) CONTENTS.—The analysis under paragraph (1) shall include the costs and benefits of using multiyear contracting, the 

impact of multiyear contracting on delivery timelines, and 

whether the acquisitions examined would meet the tests for the 

use of multiyear procurement authorities. 

SEC. 899A. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES PRODUCED IN AFRICA IN SUPPORT OF CERTAIN ACTIVITIES. 

(a) IN GENERAL.—Except as provided in subsection (c), in the 

case of a product or service to be acquired in support of covered activities in a covered African country for which the Secretary of Defense makes a determination described in subsection (b), the Secretary may conduct a procurement in which— 

(1) competition is limited to products or services from the 

host nation; 

(2) a preference is provided for products or services from 

the host nation; or 

(3) a preference is provided for products or services from a 

covered African country, other than the host nation. 

(b) DETERMINATION.— 

(1) IN GENERAL.—A determination described in this subsection is a determination by the Secretary of any of the following: 

(A) That the product or service concerned is to be used 

only in support of covered activities. 

(B) That it is in the national security interests of the 

United States to limit competition or provide a preference 

as described in subsection (a) because such limitation or 

preference is necessary— 


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(i) to reduce overall United States transportation 

costs and risks in shipping products in support of operations, exercises, theater security cooperation activities, 

and other missions in the African region; 

(ii) to reduce delivery times in support of covered 

activities; or 

(iii) to promote regional security and stability in 

Africa. 

(C) That the product or service is of equivalent quality 

to a product or service that would have otherwise been acquired without such limitation or preference. 

(2) REQUIREMENT FOR EFFECTIVENESS OF ANY PARTICULAR

DETERMINATION.—A determination under paragraph (1) shall 

not be effective for purposes of a limitation or preference under 

subsection (a) unless the Secretary also determines that— 

(A) the limitation or preference will not adversely affect— 

(i) United States military operations or stability 

operations in the African region; or 

(ii) the United States industrial base; and 

(B) in the case of air transportation, an air carrier 

holding a certificate under section 41102 of title 49, United 

States Code, is not reasonably available to provide the air 

transportation. 

(c) INAPPLICABILITY OF AUTHORITY TO PROCUREMENT OF ITEMS

ON ABILITYONE PROCUREMENT CATALOG.—The authority under subsection (a) may not be used for the procurement of any good that 

is contained in the procurement list described in section 8503(a) of 

title 41, United States Code, if such good can be produced and delivered by a qualified non profit agency for the blind or a nonprofit 

agency for other severely disabled in a timely fashion to support 

mission requirements. 

(d) REPORT ON USE OF AUTHORITY.—Not later than December 

31, 2017, the Secretary shall submit to the congressional defense 

committees a report on the use of the authority in subsection (a). 

The report shall include, but not be limited to, the following: 

(1) The number of determinations made by the Secretary 

pursuant to subsection (b). 

(2) A list of the countries providing products or services as 

a result of determinations made pursuant to subsection (b). 

(3) A description of the products and services acquired 

using the authority. 

(4) The extent to which the use of the authority has met the 

one or more of the objectives specified in clause (i), (ii), or (iii) 

of subsection (b)(1)(B). 

(5) Such recommendations for improvements to the authority as the Secretary considers appropriate. 

(6) Such other matters as the Secretary considers appropriate. 

(e) DEFINITIONS.—In this section: 

(1) COVERED ACTIVITIES.—The term ‘‘covered activities’’ 

means Department of Defense activities in the African region or 

a regional neighbor. 

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term agreement with the United States related to the basing or 

operational needs of the United States Armed Forces. 

(3) HOST NATION.—The term ‘‘host nation’’ means a nation 

that allows the Armed Forces and supplies of the United States 

to be located on, to operate in, or to be transported through its 

territory. 

(4) PRODUCT OR SERVICE OF A COVERED AFRICAN COUNTRY.—The term ‘‘product or service of a covered African country’’ means the following: 

(A) A product from a covered African country that is 

wholly grown, mined, manufactured, or produced in the 

covered African country. 

(B) A service from a covered African country that is 

performed by a person or entity that— 

(i) is properly licensed or registered by appropriate 

authorities of the covered African country; and 

(ii) as determined by the Chief of Mission concerned— 

(I) is operating primarily in the covered African country; or 

(II) is making a significant contribution to the 

economy of the covered African country through 

payment of taxes or use of products, materials, or 

labor that are primarily grown, mined, manufactured, produced, or sourced from the covered African country. 

(f) CONFORMING AMENDMENT.—Section 1263 of the National 

Defense Authorization Act for Fiscal Year 2015 (Public Law 113– 

291; 128 Stat. 3581) is repealed. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Subtitle A—Office of the Secretary of Defense and Related Matters 

Sec. 901. Organization of the Office of the Secretary of Defense. 

Sec. 902. Responsibilities and reporting of the Chief Information Officer of the Department of Defense. 

Sec. 903. Maximum number of personnel in the Office of the Secretary of Defense 

and other Department of Defense headquarters offices. 

Sec. 904. Repeal of Financial Management Modernization Executive Committee. 

Subtitle B—Organization and Management of the Department of Defense Generally 

Sec. 911. Organizational strategy for the Department of Defense. 

Sec. 912. Policy, organization, and management goals and priorities of the Secretary 

of Defense for the Department of Defense. 

Sec. 913. Secretary of Defense delivery unit. 

Sec. 914. Performance of civilian functions by military personnel. 

Sec. 915. Repeal of requirements relating to efficiencies plan for the civilian personnel workforce and service contractor workforce of the Department of 

Defense. 

Subtitle C—Joint Chiefs of Staff and Combatant Command Matters 

Sec. 921. Joint Chiefs of Staff and related combatant command matters. 

Sec. 922. Organization of the Department of Defense for management of special operations forces and special operations. 

Sec. 923. Establishment of unified combatant command for cyber operations. 

Sec. 924. Assigned forces of the combatant commands. 

Sec. 925. Modifications to the requirements process. 

Sec. 926. Review of combatant command organization. 


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Subtitle D—Organization and Management of Other Department of Defense Offices 

and Elements 

Sec. 931. Qualifications for appointment of the Secretaries of the military departments. 

Sec. 932. Enhanced personnel management authorities for the Chief of the National 

Guard Bureau. 

Sec. 933. Reorganization and redesignation of Office of Family Policy and Office of 

Community Support for Military Families with Special Needs. 

Sec. 934. Redesignation of Assistant Secretary of the Air Force for Acquisition as Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics. 

Subtitle E—Strategies, Reports, and Related Matters 

Sec. 941. National defense strategy. 

Sec. 942. Commission on the National Defense Strategy for the United States. 

Sec. 943. Reform of the national military strategy. 

Sec. 944. Form of annual national security strategy report. 

Sec. 945. Modification to independent study of national security strategy formulation process. 

Subtitle F—Other Matters 

Sec. 951. Enhanced security programs for Department of Defense personnel and innovation initiatives. 

Sec. 952. 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. 953. Modifications to requirements for accounting for members of the Armed 

Forces and Department of Defense civilian employees listed as missing. 

Sec. 954. Modifications to corrosion report. 

Subtitle A—Office of the Secretary of Defense and Related 

Matters 

SEC. 901. ORGANIZATION OF THE OFFICE OF THE SECRETARY OF DEFENSE. 

(a) UNDER SECRETARY OF DEFENSE FOR RESEARCH AND ENGINEERING.— 

(1) IN GENERAL.—Effective on February 1, 2018, chapter 4 

of title 10, United States Code, is amended by striking section 

133 and inserting the following new section: 

‘‘§ 133a. Under Secretary of Defense for Research and Engineering 

‘‘(a) UNDER SECRETARY OF DEFENSE.—There is an Under Secretary of Defense for Research and Engineering, appointed from civilian life by the President, by and with the advice and consent of 

the Senate. The Under Secretary shall be appointed from among 

persons who have an extensive technology, science, or engineering 

background and experience with managing complex or advanced 

technological programs. A person may not be appointed as Under 

Secretary within seven years after relief from active duty as a commissioned officer of a regular component of an armed force. 

‘‘(b) DUTIES AND POWERS.—Subject to the authority, direction, 

and control of the Secretary of Defense, the Under Secretary shall 

perform such duties and exercise such powers as the Secretary may 

prescribe, including— 

‘‘(1) serving as the chief technology officer of the Department of Defense with the mission of advancing technology and 

innovation for the armed forces (and the Department); 

‘‘(2) establishing policies on, and supervising, all defense research and engineering, technology development, technology 


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transition, prototyping, experimentation, and developmental 

testing activities and programs, including the allocation of resources for defense research and engineering, and unifying defense research and engineering efforts across the Department; 

and 

‘‘(3) serving as the principal advisor to the Secretary on all 

research, engineering, and technology development activities 

and programs in the Department. 

‘‘(c) PRECEDENCE IN DEPARTMENT OF DEFENSE.— 

‘‘(1) PRECEDENCE IN MATTERS OF RESPONSIBILITY.—With 

regard to all matters for which the Under Secretary has responsibility by the direction of the Secretary of Defense or by law, 

the Under Secretary takes precedence in the Department of Defense after the Secretary and the Deputy Secretary of Defense. 

‘‘(2) PRECEDENCE IN OTHER MATTERS.—With regard to all 

matters other than the matters for which the Under Secretary 

has responsibility by the direction of the Secretary or by law, 

the Under Secretary takes precedence in the Department of Defense after the Secretary, the Deputy Secretary, and the Secretaries of the military departments.’’. 

(2) SERVICE OF INCUMBENT USD FOR ATL IN POSITION.—The 

individual serving as Under Secretary of Defense for Acquisition, Technology, and Logistics under section 133 of title 10, 

United States Code, as of February 1, 2018, may continue to 

serve as Under Secretary of Defense for Research and Engineering commencing as of that date, without further appointment 

under section 133a of such title, as added by paragraph (1). 

(b) UNDER SECRETARY OF DEFENSE FOR ACQUISITION AND

SUSTAINMENT.—Effective on February 1, 2018, chapter 4 of title 10, 

United States Code, is further amended by inserting after section 

133a, as added by subsection (a), the following new section: 

‘‘§ 133b. Under Secretary of Defense for Acquisition and 

Sustainment 

‘‘(a) UNDER SECRETARY OF DEFENSE.—There is an Under Secretary of Defense for Acquisition and Sustainment, appointed from 

civilian life by the President, by and with the advice and consent 

of the Senate. The Under Secretary shall be appointed from among 

persons who have an extensive system development, engineering, 

production, or management background and experience with managing complex programs. A person may not be appointed as Under 

Secretary within seven years after relief from active duty as a commissioned officer of a regular component of an armed force. 

‘‘(b) DUTIES AND POWERS.—Subject to the authority, direction, 

and control of the Secretary of Defense, the Under Secretary shall 

perform such duties and exercise such powers as the Secretary may 

prescribe, including— 

‘‘(1) serving as the chief acquisition and sustainment officer 

of the Department of Defense with the mission of delivering and 

sustaining timely, cost-effective capabilities for the armed forces 

(and the Department); 

‘‘(2) establishing policies on, and supervising, all elements 

of the Department relating to acquisition (including system design, development, and production, and procurement of goods 


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and services) and sustainment (including logistics, maintenance, and materiel readiness); 

‘‘(3) establishing policies for access to, and maintenance of, 

the defense industrial base and materials critical to national security, and policies on contract administration; 

‘‘(4) serving as— 

‘‘(A) the principal advisor to the Secretary on acquisition and sustainment in the Department; 

‘‘(B) the senior procurement executive for the Department for the purposes of section 1702(c) of title 41; and 

‘‘(C) the Defense Acquisition Executive for purposes of 

regulations and procedures of the Department providing for 

a Defense Acquisition Executive; 

‘‘(5) overseeing the modernization of nuclear forces and the 

development of capabilities to counter weapons of mass destruction, and serving as the chairman of the Nuclear Weapons 

Council and the co-chairman of the Council on Oversight of the 

National Leadership Command, Control, and Communications 

System; 

‘‘(6) the authority to direct the Secretaries of the military 

departments and the heads of all other elements of the Department with regard to matters for which the Under Secretary has 

responsibility, except that the Under Secretary shall exercise supervisory authority over service acquisition programs for which 

the service acquisition executive is the milestone decision authority; and 

‘‘(7) to the extent directed by the Secretary, exercising overall supervision of all personnel (civilian and military) in the Office of the Secretary of Defense with regard to matters for which 

the Under Secretary has responsibility, unless otherwise provided by law. 

‘‘(c) PRECEDENCE IN DEPARTMENT OF DEFENSE.— 

‘‘(1) PRECEDENCE IN MATTERS OF RESPONSIBILITY.—With 

regard to all matters for which the Under Secretary has responsibility by the direction of the Secretary of Defense or by law, 

the Under Secretary takes precedence in the Department of Defense after the Secretary, the Deputy Secretary of Defense, and 

the Under Secretary of Defense for Research and Engineering. 

‘‘(2) PRECEDENCE IN OTHER MATTERS.—With regard to all 

matters other than the matters for which the Under Secretary 

has responsibility by the direction of the Secretary or by law, 

the Under Secretary takes precedence in the Department of Defense after the Secretary, the Deputy Secretary, the Under Secretary of Defense for Research and Engineering, and the Secretaries of the military departments.’’. 

(c) CHIEF MANAGEMENT OFFICER.— 

(1) IN GENERAL.—Effective on February 1, 2018, there is a 

Chief Management Officer of the Department of Defense. 

(2) APPOINTMENT.—The Chief Management Officer shall be 

appointed from civilian life by the President, by and with the 

advice and consent of the Senate. The Chief Management Officer shall be appointed from among persons who have an extensive management or business background and experience with 

managing large or complex organizations. A person may not be 

appointed as Chief Management Officer within seven years after 


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relief from active duty as a commissioned officer of a regular 

component of an Armed Force 

(3) DUTIES AND POWERS.—Subject to the authority, direction, and control of the Secretary of Defense, the Chief Management Officer shall perform such duties and exercise such powers 

as the Secretary may prescribe, including— 

(A) serving as the chief management officer of the Department of Defense with the mission of managing the business operations of the Department; 

(B) establishing policies on, and supervising, all business operations of the Department, including business 

transformation, business planning and processes, performance management, and business information technology 

management and improvement activities and programs, including the allocation of resources for business operations, 

and unifying business management efforts across the Department; 

(C) serving as the principal advisor to the Secretary on 

all business operations activities and programs in the Department; and 

(D) the authority to direct the Secretaries of the military departments and the heads of all other elements of the 

Department with regard to matters for which the Chief 

Management Officer has responsibility. 

(4) CONFORMING AMENDMENTS.—Effective on February 1, 

2018, section 132 of title 10, United States Code, is amended— 

(A) by striking subsection (c); and 

(B) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. 

(d) REPEAL OF PENDING AUTHORITY TO ESTABLISH UNDER SEC- RETARY OF DEFENSE FOR BUSINESS MANAGEMENT AND INFORMATION.—Subsection (a) of section 901 of the Carl Levin and Howard 

P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal 

Year 2015 (Public Law 113–291; 128 Stat. 3462) is repealed. 

(e) REPEAL OF CERTAIN ASD AND DIRECTOR POSITIONS.—Chapter 4 of title 10, United States Code, is further amended— 

(1) in section 138(b)— 

(A) by striking paragraphs (6), (7), (8), and (9); and 

(B) by redesignating paragraph (10) as paragraph (6); 

and 

(2) by striking sections 139b and 139c. 

(f) OFFICE OF THE SECRETARY OF DEFENSE.—Effective on February 1, 2018, section 131(b)(2) of title 10, United States Code, is 

amended— 

(1) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively; and 

(2) by striking subparagraph (A) and inserting the following new subparagraphs: 

‘‘(A) The Under Secretary of Defense for Research and 

Engineering. 

‘‘(B) The Under Secretary of Defense for Acquisition 

and Sustainment.’’. 

(g) TABLE OF SECTION AMENDMENTS.— 

(1) TABLE OF SECTIONS EFFECTIVE ON ENACTMENT.—The 

table of sections at the beginning of chapter 4 of title 10, United 


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States Code, is amended by striking the items relating to sections 139b and 139c. 

(2) TABLE OF SECTIONS EFFECTIVE ON DELAYED EFFECTIVE

DATE.—Effective on February 1, 2018, the table of sections at 

the beginning of chapter 4 of such title is further amended by 

striking the item relating to section 133 and inserting the following new items: 

‘‘133a. Under Secretary of Defense for Research and Engineering. 

‘‘133b. Under Secretary of Defense for Acquisition and Sustainment.’’. 

(h) EXECUTIVE SCHEDULE LEVEL II.—Effective on February 1, 

2018, section 5313 of title 5, United States Code, is amended by 

striking the item relating to the Under Secretary of Defense for Acquisition, Technology, and Logistics and inserting the following new 

items: 

‘‘Under Secretary of Defense for Research and Engineering. 

‘‘Under Secretary of Defense for Acquisition and 

Sustainment.’’. 

(i) REVIEW REQUIRED.— 

(1) IN GENERAL.—The Secretary of Defense shall conduct a 

review and identify a recommended organizational and management structure for the Department of Defense that implements the organizational policy guidance expressed in this section and the amendments made by this section. 

(2) ELEMENTS .—The review and recommendations shall 

address, but not be limited to, the following: 

(A) The organizational and management structure of 

the Department including the disposition of leadership positions, subordinate organizations, and defined relationships across such leadership positions and organizations. 

(B) The recommended disposition within the Office of 

the Secretary of Defense of the various Assistant Secretaries 

of Defense, Deputy Assistant Secretaries of Defense, and Directors affected by the organizational policy guidance. 

(C) The specific delineation of roles, responsibilities, 

and authorities, as directed by the Secretary, for the organizational and management structure covered by subparagraph (A). 

(j) REPORTS.— 

(1) INTERIM REPORT.—Not later than March 1, 2017, the 

Secretary of Defense shall submit to the congressional defense 

committees an interim report on the review and recommended 

organizational and management structure for the Department 

of Defense as required by subsection (i). 

(2) FINAL REPORT.—Not later than August 1, 2017, the Secretary shall submit to the congressional defense committees a 

final report on the review and recommended organizational and 

management structure, including— 

(A) a proposed implementation plan for how the Department would implement its recommendations; 

(B) recommendations for revisions to appointments and 

qualifications, duties and powers, and precedent in the Department; 

(C) recommendations for such legislative and administrative action, including conforming and other amendments 


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to law, as the Secretary considers appropriate to implement 

the plan; and 

(D) any other matters that the Secretary considers appropriate. 

SEC. 902. RESPONSIBILITIES AND REPORTING OF THE CHIEF INFORMATION OFFICER OF THE DEPARTMENT OF DEFENSE. 

(a) IN GENERAL.—Section 142(b)(1) of title 10, United States 

Code, is amended— 

(1) in subparagraph (C), by striking ‘‘and’’ at the end; 

(2) in subparagraph (D), by striking the period at the end 

and inserting a semicolon; and 

(3) by adding at the end the following new subparagraphs: 

‘‘(E) exercises authority, direction, and control over the Defense Information Systems Agency, or any successor organization; 

‘‘(F) has the responsibilities for policy, oversight, guidance, 

and coordination for all Department of Defense matters related 

to electromagnetic spectrum, including coordination with other 

Federal and industry agencies, coordination for classified programs, and in coordination with the Under Secretary for Personnel and Readiness, policies related to spectrum management 

workforce; 

‘‘(G) has the responsibilities for policy, oversight, guidance, 

and coordination for nuclear command and control systems; 

‘‘(H) has the responsibilities for policy, oversight, and guidance for matters related to precision navigation and timing; 

and 

‘‘(I) has the responsibilities for policy, oversight, and guidance for the architecture and programs related to the networking and cyber defense architecture of the Department.’’. 

(b) DIRECT REPORTING.—Section 151(b)(5) of such title is 

amended by inserting before the period at the end the following: ‘‘, 

who reports directly to the Secretary and Deputy Secretary without 

intervening authority’’. 

SEC. 903. MAXIMUM NUMBER OF PERSONNEL IN THE OFFICE OF THE 

SECRETARY OF DEFENSE AND OTHER DEPARTMENT OF 

DEFENSE HEADQUARTERS OFFICES. 

(a) OFFICE OF THE SECRETARY OF DEFENSE.—Section 143(b) of 

title 10, United States Code, is amended by striking ‘‘and civilian 

personnel’’ and inserting ‘‘, civilian, and detailed personnel’’. 

(b) JOINT STAFF.— 

(1) IN GENERAL.—Section 155 of such title is amended by 

adding at the end the following new subsection: 

‘‘(h) PERSONNEL LIMITATIONS.—(1) The total number of members of the armed forces and civilian employees assigned or detailed 

to permanent duty for the Joint Staff may not exceed 2,069. 

‘‘(2) Not more than 1,500 members of the armed forces on the 

active-duty list may be assigned or detailed to permanent duty for 

the Joint Staff. 

‘‘(3) The limitations in paragraphs (1) and (2) do not apply in 

time of war. 

‘‘(4) Each limitation in paragraphs (1) and (2) may be exceeded 

by a number equal to 15 percent of such limitation in time of national emergency.’’. 


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(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1) shall take effect on December 31, 2019. 

(c) OFFICE OF THE SECRETARY OF THE ARMY.—Section 3014(f) 

of such title is amended— 

(1) in paragraph (4), by striking ‘‘time of war’’ and all that 

follows and inserting ‘‘time of war.’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(5) Each limitation in paragraphs (1) and (2) may be exceeded 

by a number equal to 15 percent of such limitation in time of national emergency.’’. 

(d) OFFICE OF THE SECRETARY OF THE NAVY.—Section 5014(f) 

of such title is amended— 

(1) in paragraph (4), by striking ‘‘time of war’’ and all that 

follows and inserting ‘‘time of war.’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(5) Each limitation in paragraphs (1) and (2) may be exceeded 

by a number equal to 15 percent of such limitation in time of national emergency.’’. 

(e) OFFICE OF THE SECRETARY OF THE AIR FORCE.—Section 

8014(f) of such title is amended— 

(1) in paragraph (4), by striking ‘‘time of war’’ and all that 

follows and inserting ‘‘time of war.’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(5) Each limitation in paragraphs (1) and (2) may be exceeded 

by a number equal to 15 percent of such limitation in time of national emergency.’’. 

SEC. 904. REPEAL OF FINANCIAL MANAGEMENT MODERNIZATION EXECUTIVE COMMITTEE. 

(a) REPEAL.—Section 185 of title 10, United States Code, is repealed. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 7 of such title is amended by striking the item relating to section 185. 

Subtitle B—Organization and Management of the 

Department of Defense Generally 

SEC. 911. ORGANIZATIONAL STRATEGY FOR THE DEPARTMENT OF DEFENSE. 

(a) ORGANIZATIONAL STRATEGY REQUIRED.— (1) IN GENERAL.—Not later than September 1, 2017, the 

Secretary of Defense shall formulate and issue to the Department of Defense an organizational strategy for the Department 

that— 

(A) identifies the critical objectives and other organizational outputs for the Department that span multiple functional boundaries and would benefit from the use of crossfunctional teams under this section to ensure collaboration 

and integration across organizations within the Department; 

(B) improves the manner in which the Department integrates the expertise and capacities of the functional components of the Department for effective and efficient 

achievement of such objectives and outputs; 

(C) improves the management of relationships and 

processes involving the Office of the Secretary of Defense, 


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the Joint Staff, the combatant commands, the military departments, and the Defense Agencies with regard to such 

objectives and outputs; 

(D) improves the ability of the Department to work effectively in interagency processes with regard to such objectives and outputs in order to better serve the President; and 

(E) achieves an organizational structure that enhances 

performance with regard to such objectives and outputs. 

(2) ELEMENTS.—The strategy shall provide for the following: 

(A) The appropriate use of cross-functional teams to 

manage critical objectives and outputs of the Department 

described in paragraph (1)(A). 

(B) The furtherance and advancement of a collaborative, team-oriented, results-driven, and innovative culture 

within the Department that fosters an open debate of ideas 

and alternative courses of action, and supports cross-functional teaming and integration. 

(b) ACTIONS IN SUPPORT OF STRATEGY.— 

(1) STUDY.—The Department of Defense shall conduct a 

study of the following in order to determine how best to implement effective cross-functional teams in the Department to 

achieve the strategic objectives of the Secretary of Defense: 

(A) Lessons learned, as reflected in academic literature, 

business and management school case studies, and the 

work of leading management consultant firms, on the successful and failed application of cross-functional teams in 

the private sector and government, and on the cultural factors necessary to support effective cross-functional teams. 

(B) The historical and current use by the Department 

of cross-functional working groups, integrated process 

teams, councils, and committees, and the reasons why such 

entities have or have not achieved high levels of teamwork 

or effectiveness. 

(2) CONDUCT OF STUDY.—The study required by paragraph 

(1) shall be conducted by an independent organization with 

widely acknowledged expertise in modern organizational management and teaming selected by the Secretary for purposes of 

the study. 

(3) SCHEDULE.—The Secretary shall award any necessary 

contract for the study required by paragraph (1) pursuant to 

paragraph (2) by not later than March 15, 2017, and shall provide the results of the study to the congressional defense committees by not later than July 15, 2017. 

(c) CROSS-FUNCTIONAL TEAMS.—In support of the strategy required by subsection (a): 

(1) IN GENERAL.—The Secretary of Defense shall establish 

cross-functional teams to address critical objectives and outputs 

for such teams as are determined to be appropriate in accordance with the organizational strategy issued under subsection 

(a), with initial teams established by not later than September 

30, 2017. 

(2) PURPOSES.—The purposes of cross-functional teams established pursuant to this subsection shall be, as determined 

appropriate by the Secretary— 


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(A) to provide for effective collaboration and integration across organizational and functional boundaries in the 

Department of Defense; 

(B) to develop, at the direction of the Secretary, recommendations for comprehensive and fully integrated policies, strategies, plans, and resourcing decisions; 

(C) to make decisions on cross-functional issues, to the 

extent authorized by the Secretary and within parameters 

established by the Secretary; and 

(D) to provide oversight for and, as directed by the Secretary, supervise the implementation of approved policies, 

strategies, plans, and resourcing decisions approved by the 

Secretary. 

(3) GUIDANCE ON TEAMS.—Not later than September 30, 

2017, the Secretary shall issue guidance— 

(A) addressing the role, authorities, reporting relationships, resourcing, manning, training, and operations of 

cross-functional teams established pursuant to this subsection; 

(B) delineating decision-making authority of such 

teams; 

(C) providing that the leaders of functional components 

of the Department that provide personnel to such teams respect and respond to team needs and activities; and 

(D) emphasizing that personnel selected for assignment 

to such teams shall faithfully represent the views and expertise of their functional components while contributing to 

the best of their ability to the success of the team concerned. 

(4) PARTICIPANTS.—In establishing a cross-functional team 

pursuant to this subsection, the Secretary shall consider personnel from the Office of the Secretary of Defense, the Joint 

Staff, the military departments, and the Defense Agencies in all 

functional areas that the Secretary considers appropriate. 

(5) TEAM PERSONNEL.—For each cross-functional team established by the Secretary pursuant to this subsection, the Secretary shall— 

(A) assign as leader of such team a senior qualified 

and experienced individual, who shall report directly to the 

Secretary regarding the activities of such team; 

(B) delegate to the team leader designated pursuant to 

subparagraph (A) authority to select members of such team 

from among civilian employees of the Department and 

members of the Armed Forces in any grade who are recommended for membership on such team by the head of a 

functional component of the Department within the Office 

of the Secretary of Defense, the Joint Staff, and the military 

departments, by the commander of a combatant command, 

or by the director of a Defense Agency; 

(C) provide the team leader with necessary full time 

support from team members, and the means to co-locate 

team members; 

(D) ensure that team members and all leaders in functional organizations that are in the supervisory chain for 

personnel serving on such team receive training in elements 

of successful cross-functional teams, including teamwork, 


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collaboration, conflict resolution, and appropriately representing the views and expertise of their functional components; and 

(E) ensure that the congressional defense committees 

are provided information on the progress and results of 

such team upon request. 

(6) TEAM STRATEGIES AND DECISION-MAKING AUTHORITY.— 

(A) IN GENERAL.—The Secretary shall ensure that the 

objectives of each cross-functional team established pursuant to this subsection are clearly established in writing, 

through a memorandum, statement, charter, or similar 

document. 

(B) METRICS.—To improve team performance and accountability, the Secretary shall task each team, as appropriate, to establish a strategy to achieve the objectives specified by the Secretary, metrics for evaluation of the achievement of such objectives by such team, and the alignment of 

individual and team goals for the achievement of such objectives by such team. 

(C) DELEGATION OF AUTHORITY.—The Secretary may 

delegate to a team any decision-making authority that, and 

shall delegate such authority as, the Secretary considers 

appropriate to permit such team to achieve the objectives 

established by the Secretary. 

(7) REVIEW OF TEAMS.—Not later than 18 months after the 

date on which the first cross-functional team is established pursuant to this subsection, the Secretary shall complete an analysis, with support from external experts in organizational and 

management sciences, of the successes and failures of teams established pursuant to this subsection, and determine how to 

apply the lessons learned from that analysis. 

(8) REPORT ON ESTABLISHMENT.—Not later than 18 months 

after the date of the enactment of this Act, the Secretary shall 

submit to Congress a report on the establishment of cross-functional teams under this subsection, including descriptions from 

the leaders of teams established prior to the date on which this 

report is submitted of the manner in which the teams were designed and how they functioned. 

(d) DIRECTIVE ON COLLABORATIVE CULTURE AND BEHAVIOR.— 

The guidance issued by the Secretary of Defense pursuant to subsection (c)(3) shall also— 

(1) articulate the shared purposes, values, and principles 

for the operation of the Office of the Secretary of Defense that 

are required to promote a team-oriented, collaborative, resultsdriven culture within the Office to support the primary objectives of the Department of Defense; 

(2) ensure that collaboration across functional and organizational boundaries is an important factor in the performance 

review of leaders of cross-functional teams established pursuant 

to subsection (c), members of teams, and other appropriate leaders of the Department; and 

(3) identify key practices that senior leaders of the Department should follow with regard to leadership, organizational 

practice, collaboration, and the functioning of cross-functional 


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teams, and the types of personnel behavior that senior leaders 

should encourage and discourage. 

(e) STREAMLINING OF ORGANIZATIONAL STRUCTURE AND PROCESSES OF OSD.—Not later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall take such actions 

as the Secretary considers appropriate to streamline the organizational structure and processes of the Office of the Secretary of Defense in order to increase spans of control, achieve a reduction in 

layers of management, eliminate unnecessary duplication between 

the Office and the Joint Staff, and reduce the time required to complete standard processes and activities. 

(f) TRAINING FOR INDIVIDUALS NOMINATED FOR APPOINTMENT

FOR OSD POSITIONS CONFIRMED BY THE SENATE.— 

(1) IN GENERAL.—Within three months of the appointment 

of an individual to a position in the Office of the Secretary of 

Defense appointable by and with the advice and consent of the 

Senate, the individual shall complete a course of instruction in 

leadership, modern organizational practice, collaboration, and 

the operation of teams described in subsection (c). 

(2) WAIVER.—The President may waive the requirement in 

paragraph (1) with respect to an individual if the Secretary determines in writing that the individual possesses, through 

training and experience, the skill and knowledge otherwise to be 

provided through a course of instruction as described in that 

paragraph. 

(g) COMPTROLLER GENERAL OF THE UNITED STATES ASSESSMENTS.— 

(1) BIANNUAL REPORT ON ASSESSMENTS.—Not later than six 

months after the date of the enactment of this Act, and every 

six months thereafter through December 31, 2019, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth a comprehensive assessment 

of the actions taken under this section during the six-month period ending on the date of such report and cumulatively since 

the date of the enactment of this Act. 

(2) ASSESSMENT TEAM.—The Comptroller General may establish within the Government Accountability Office a team of 

analysts to assist the Comptroller General in the performance 

assessments required by this subsection. 

SEC. 912. POLICY, ORGANIZATION, AND MANAGEMENT GOALS AND PRIORITIES OF THE SECRETARY OF DEFENSE FOR THE DEPARTMENT OF DEFENSE. 

(a) IN GENERAL.—A Secretary of Defense serving in that position pursuant to an appointment to that position after January 20, 

2017, shall submit to the Committees on Armed Services of the Senate and the House of Representatives, not later than each of the 

deadlines specified in subsection (b), a report on the policy, organization, and management goals and priorities of the Secretary for the 

Department of Defense. Each report shall include, current as of the 

date of such report, an identification of the following: 

(1) Policy goals and priorities, including specific and measurable performance and implementation targets. 


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(2) Organization and management goals and priorities, including specific and measurable performance and implementation targets that address, but are not limited to, the following: 

(A) The elimination or consolidation of any unnecessary or redundant functions within the Department. 

(B) Force management and shaping, including recommendations for such legislative action as is required to 

meet force management and shaping goals and priorities. 

(C) The delayering or reorganization of headquarters 

organizations across the Department. 

(3) Any other goals or priorities for the Department the Secretary considers appropriate. 

(b) DEADLINES.—The deadlines for the submittal of reports 

under subsection (a) are April 1, 2017, and February 1 of each year 

thereafter though 2022. 

(c) BRIEFINGS SATISFY LATER REPORTING REQUIREMENTS.—Any 

report required under subsection (a) after the initial report may be 

provided in the form of a briefing. 

SEC. 913. SECRETARY OF DEFENSE DELIVERY UNIT. 

(a) IN GENERAL.—The Secretary of Defense serving in that position as of March 1, 2017, may establish within the Office of the Secretary of Defense a unit of personnel that shall be responsible for 

providing expertise and support throughout the Department of Defense in an effort to improve the implementation of policies and priorities across the Department. The unit may be known as the ‘‘delivery unit’’. 

(b) COMPOSITION.—The unit established pursuant to subsection 

(a) shall consist of not more than 30 individuals selected by the Secretary primarily from among individuals outside the Government 

who have significant experience and expertise in management consulting, organizational architecture, relationship management, or 

data analytics. 

(c) DUTIES.—The unit established pursuant to subsection (a) 

shall have the duties as follows: 

(1) To advise the Secretary on improving the implementation and delivery of policies and priorities of the Department, 

including making recommendations on establishing performance or implementation targets, assisting in the development of 

delivery plans to achieve targets, and monitoring and measuring progress. 

(2) To work across organizations, missions, and functions 

of the Department in order to identify obstacles to improving 

the implementation of policies and priorities of the Department, 

including organization, culture, and incentives, and to recommend options to the Secretary for addressing such obstacles. 

(d) SUNSET.—The unit established pursuant to subsection (a) 

shall sunset on January 31, 2021. 

SEC. 914. PERFORMANCE OF CIVILIAN FUNCTIONS BY MILITARY PERSONNEL. 

Section 129a of title 10, United States Code, is amended by 

adding at the end the following new subsection: 

‘‘(g) PERFORMANCE OF CIVILIAN FUNCTIONS BY MILITARY PER- SONNEL.—(1) Functions performed by civilian personnel should not 

be performed by military personnel except— 


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‘‘(A) if the Secretary of the military department concerned 

determines in writing based on mission requirements that the 

performance of such functions by military personnel, including 

a permanent conversion of such functions to performance by 

military personnel, is cost-effective or required by a mission; or 

‘‘(B) if the performance of such functions by military personnel is required to address critical staffing needs resulting 

from a reduction in personnel or budgetary resources by reason 

of an Act of Congress, in which case such functions may not be 

performed by military personnel for a period in excess of one 

year. 

‘‘(2) In determining the workforce mix between civilian and 

military personnel, the Secretary of a military department shall reserve military personnel for the performance of the functions that, 

in the estimation of the Secretary, are required to be performed by 

military personnel in order to achieve national defense goals or in 

order to enable the proper functioning of the military department. 

In making workforce decisions, the Secretary shall account for the 

relative budgetary impact of military versus civilian personnel in 

determining the functions required to be performed by military personnel.’’. 

SEC. 915. REPEAL OF REQUIREMENTS RELATING TO EFFICIENCIES 

PLAN FOR THE CIVILIAN PERSONNEL WORKFORCE AND 

SERVICE CONTRACTOR WORKFORCE OF THE DEPARTMENT OF DEFENSE. 

Section 955 of the National Defense Authorization Act for Fiscal 

Year 2013 (Public Law 112–239; 126 Stat. 1896; 10 U.S.C. 129a 

note) is repealed. 

Subtitle C—Joint Chiefs of Staff and Combatant Command 

Matters 

SEC. 921. JOINT CHIEFS OF STAFF AND RELATED COMBATANT COMMAND MATTERS. 

(a) FUNCTIONS OF JOINT CHIEFS OF STAFF.— 

(1) CONSULTATION BY CHAIRMAN.—Subsection (c)(1) of section 151 of title 10, United States Code, is amended by striking 

‘‘as he considers appropriate’’ and inserting ‘‘as necessary’’. 

(2) MODIFICATION OF ADVICE AND OPINIONS OF MEMBERS

OTHER THAN CHAIRMAN.—Such section is further amended— 

(A) in subsection (b)(2), by striking ‘‘subsections (d) and 

(e)’’ and inserting ‘‘subsection (d)’’; 

(B) in subsection (d)— 

(i) by redesignating paragraphs (1) and (2) as 

paragraphs (2) and (3), respectively; and 

(ii) by inserting before paragraph (1), as redesignated by clause (i), the following new paragraph (1): 

‘‘(1) After first informing the Secretary of Defense and the 

Chairman, the members of the Joint Chiefs of Staff, individually or 

collectively, in their capacity as military advisors, may provide advice to the President, the National Security Council, the Homeland 

Security Council, or the Secretary of Defense on a particular matter 

on the judgment of the military member.’’; and 

(C) by striking subsection (e). 

(b) TERM AND REAPPOINTMENT OF CHAIRMAN OF THE JOINT

CHIEFS OF STAFF.— 


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(1) IN GENERAL.—Section 152(a) of title 10, United States 

Code, is amended— 

(A) in paragraph (1), by striking ‘‘two years, beginning 

on October 1 of odd-numbered years’’ and all that follows 

and inserting ‘‘four years, beginning on October 1 of an 

odd-numbered year. The limitation does not apply in time 

of war.’’; and 

(B) by striking paragraph (3) and inserting the following new paragraph (3): 

‘‘(3) The President may extend to eight years the combined period of service of an officer as Chairman and Vice Chairman if the 

President determines that such action is in the national interest. 

The limitation in this paragraph does not apply in time of war.’’. 

(2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on January 1, 2019, and shall apply 

to individuals appointed as Chairman of the Joint Chiefs of 

Staff on or after that date. 

(c) FUNCTIONS OF CHAIRMAN OF JOINT CHIEFS OF STAFF.—The 

text of section 153 of title 10, United States Code, is amended to 

read as follows: 

‘‘Subject to the authority, direction, and control of the President 

and the Secretary of Defense, the Chairman of the Joint Chiefs of 

Staff shall be responsible for the following 

‘‘(1) STRATEGIC DIRECTION.—Assisting the President and 

the Secretary in providing for the strategic direction of the 

armed forces. 

‘‘(2) STRATEGIC AND CONTINGENCY PLANNING.—In matters 

relating to strategic and contingency planning— 

‘‘(A) developing strategic frameworks and preparing 

strategic plans, as required, to guide the use and employment of military force and related activities across all geographic regions and military functions and domains, and 

to sustain military efforts over different durations of time, 

as necessary; 

‘‘(B) advising the Secretary on the production of the national defense strategy required by section 113(g) of this 

title and the national security strategy required by section 

108 of the National Security Act of 1947 (50 U.S.C. 3043); 

‘‘(C) preparing military analysis, options, and plans, as 

the Chairman considers appropriate, to recommend to the 

President and the Secretary; 

‘‘(D) providing for the preparation and review of contingency plans which conform to policy guidance from the 

President and the Secretary; and 

‘‘(E) preparing joint logistic and mobility plans to support national defense strategies and recommending the assignment of responsibilities to the armed forces in accordance with such plans. 

‘‘(3) GLOBAL MILITARY INTEGRATION.—In matters relating to 

global military strategic and operational integration— 

‘‘(A) providing advice to the President and the Secretary on ongoing military operations; and 

‘‘(B) advising the Secretary on the allocation and transfer of forces among geographic and functional combatant 


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commands, as necessary, to address transregional, multidomain, and multifunctional threats. 

‘‘(4) COMPREHENSIVE JOINT READINESS.—In matters relating to comprehensive joint readiness— 

‘‘(A) evaluating the overall preparedness of the joint 

force to perform the responsibilities of that force under national defense strategies and to respond to significant contingencies worldwide; 

‘‘(B) assessing the risks to United States missions, 

strategies, and military personnel that stem from shortfalls 

in military readiness across the armed forces, and developing risk mitigation options; 

‘‘(C) advising the Secretary on critical deficiencies and 

strengths in joint force capabilities (including manpower, 

logistics, and mobility support) identified during the preparation and review of national defense strategies and contingency plans and assessing the effect of such deficiencies 

and strengths on meeting national security objectives and 

policy and on strategic plans; 

‘‘(D) advising the Secretary on the missions and functions that are likely to require contractor or other external 

support to meet national security objectives and policy and 

strategy, and the risks associated with such support; and 

‘‘(E) establishing and maintaining, after consultation 

with the commanders of the unified and specified combatant commands, a uniform system of evaluating the preparedness of each such command, and groups of commands 

collectively, to carry out missions assigned to the command 

or commands. 

‘‘(5) JOINT CAPABILITY DEVELOPMENT.—In matters relating 

to joint capability development— 

‘‘(A) identifying new joint military capabilities based 

on advances in technology and concepts of operation needed 

to maintain the technological and operational superiority of 

the armed forces, and recommending investments and experiments in such capabilities to the Secretary; 

‘‘(B) performing military net assessments of the joint 

capabilities of the armed forces of the United States and its 

allies in comparison with the capabilities of potential adversaries; 

‘‘(C) advising the Secretary under section 163(b)(2) of 

this title on the priorities of the requirements identified by 

the commanders of the unified and specified combatant 

commands; 

‘‘(D) advising the Secretary on the extent to which the 

program recommendations and budget proposals of the 

military departments and other components of the Department of Defense for a fiscal year conform with the priorities 

established in national defense strategies and with the priorities established for the requirements of the unified and 

specified combatant commands; 

‘‘(E) advising the Secretary on new and alternative 

joint military capabilities, and alternative program recommendations and budget proposals, within projected resource levels and guidance provided by the Secretary, in 


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order to achieve greater conformance with the priorities referred to in subparagraph (D); 

‘‘(F) assessing joint military capabilities and identifying, approving, and prioritizing gaps in such capabilities 

to meet national defense strategies, pursuant to section 181 

of this title; and 

‘‘(G) recommending to the Secretary appropriate tradeoffs among life-cycle cost, schedule, performance, and procurement quantity objectives in the acquisition of materiel 

and equipment to support the strategic and contingency 

plans required by this paragraph in the most effective and 

efficient manner. 

‘‘(6) JOINT FORCE DEVELOPMENT ACTIVITIES.—In matters relating to joint force development activities— 

‘‘(A) developing doctrine for the joint employment of the 

armed forces; 

‘‘(B) formulating policies and technical standards, and 

executing actions, for the joint training of the armed forces; 

‘‘(C) formulating policies for coordinating the military 

education of members of the armed forces; 

‘‘(D) formulating policies for concept development and 

experimentation for the joint employment of the armed 

forces; 

‘‘(E) formulating policies for gathering, developing, and 

disseminating joint lessons learned for the armed forces; 

and 

‘‘(F) advising the Secretary on development of joint 

command, control, communications, and cybercapability, 

including integration and interoperability of such capability, through requirements, integrated architectures, data 

standards, and assessments. 

‘‘(7) OTHER MATTERS.—In other matters— 

‘‘(A) recommending to the Secretary, in accordance with 

section 166 of this title, a budget proposal for activities of 

each unified and specified combatant command; 

‘‘(B) providing for representation of the United States 

on the Military Staff Committee of the United Nations in 

accordance with the Charter of the United Nations; and 

‘‘(C) performing such other duties as may be prescribed 

by law or by the President or the Secretary.’’. 

(d) VICE CHAIRMAN OF THE JOINT CHIEFS OF STAFF MATTERS.— 

(1) TERM OF SERVICE.—Paragraph (3) of section 154(a) of 

title 10, United States Code, is amended by striking ‘‘for a term 

of two years’’ and all that follows and inserting ‘‘for a single 

term of four years, beginning on October 1 of an odd-numbered 

year, except that the term may not begin in the same year as 

the term of a Chairman. In time of war, there is no limit on 

the number of reappointments.’’. 

(2) INELIGIBILITY FOR SERVICE AS CHAIRMAN OR ANY OTHER

POSITION IN THE ARMED FORCES.—Such section is further 

amended by adding at the end the following new paragraph: 

‘‘(4)(A) The Vice Chairman shall not be eligible for promotion 

to the position of Chairman or any other position in the armed 

forces. 


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‘‘(B) The President may waive subparagraph (A) if the President 

determines such action is necessary in the national interest.’’. 

(3) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on January 1, 2021, and shall apply to 

individuals appointed as Vice Chairman of the Joint Chiefs of 

Staff on or after that date. 

(e) COMMANDERS OF THE COMBATANT COMMANDS.—Section 164 

of title 10, United States Code, is amended— 

(1) in subsection (b), by adding at the end the following 

new paragraph: 

‘‘(3) Among the full range of command responsibilities specified 

in subsection (c) and as provided for in section 161 of this title, the 

primary duties of the commander of a combatant command shall be 

as follows: 

‘‘(A) To produce plans for the employment of the armed 

forces to execute national defense strategies and respond to significant military contingencies. 

‘‘(B) To take actions, as necessary, to deter conflict. 

‘‘(C) To command United States armed forces as directed by 

the Secretary and approved by the President.’’; and 

(2) by adding at the end the following new subsection: 

‘‘(h) SUPPORT TO CHAIRMAN OF THE JOINT CHIEFS OF STAFF.— 

The commander of a combatant command shall provide such information to the Chairman of the Joint Chiefs of Staff as may be necessary for the Chairman to perform the duties of the Chairman 

under section 153 of this title.’’. 

SEC. 922. ORGANIZATION OF THE DEPARTMENT OF DEFENSE FOR 

MANAGEMENT OF SPECIAL OPERATIONS FORCES AND 

SPECIAL OPERATIONS. 

(a) RESPONSIBILITY OF ASSISTANT SECRETARY OF DEFENSE FOR

SPECIAL OPERATIONS AND LOW INTENSITY CONFLICT.—Section 

138(b)(4) of title 10, United States Code, is amended by adding at 

the end the following new sentence: ‘‘Subject to the authority, direction, and control of the Secretary of Defense, the Assistant Secretary 

shall do the following: 

‘‘(A) Exercise authority, direction, and control of all specialoperations peculiar administrative matters relating to the organization, training, and equipping of special operations forces. 

‘‘(B) Assist the Secretary and the Under Secretary of Defense for Policy in the development and supervision of policy, 

program planning and execution, and allocation and use of resources for the activities of the Department of Defense for the 

following: 

‘‘(i) Irregular warfare, combating terrorism, and the 

special operations activities specified by section 167(k) of 

this title. 

‘‘(ii) Integrating the functional activities of the headquarters of the Department to most efficiently and effectively provide for required special operations forces and capabilities. 

‘‘(iii) Such other matters as may be specified by the 

Secretary and the Under Secretary.’’. 

(b) SPECIAL OPERATIONS POLICY AND OVERSIGHT COUNCIL.— 


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(1) IN GENERAL.—Chapter 4 of title 10, United States Code, 

as amended by section 901(e)(2) of this Act, is further amended 

by inserting after section 139a the following new section: 

‘‘§ 139b. Special Operations Policy and Oversight Council 

‘‘(a) IN GENERAL.—In order to fulfill the responsibilities specified in section 138(b)(4) of this title, the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, or the designee of the Assistant Secretary, shall establish and lead a team to 

be known as the ‘Special Operations Policy and Oversight Council’ 

(in this section referred to as the ‘Council’). 

‘‘(b) PURPOSE.—The purpose of the Council is to integrate the 

functional activities of the headquarters of the Department of Defense in order to most efficiently and effectively provide for special 

operations forces and capabilities. In fulfilling this purpose, the 

Council shall develop and continuously improve policy, joint processes, and procedures that facilitate the development, acquisition, 

integration, employment, and sustainment of special operations 

forces and capabilities. 

‘‘(c) MEMBERSHIP.—The Council shall include the following: 

‘‘(1) The Assistant Secretary, who shall act as leader of the 

Council. 

‘‘(2) Appropriate senior representatives of each of the following: 

‘‘(A) The Under Secretary of Defense for Research and 

Engineering. 

‘‘(B) The Under Secretary of Defense for Management 

and Support. 

‘‘(C) The Under Secretary of Defense (Comptroller). 

‘‘(D) The Under Secretary of Defense for Personnel and 

Readiness. 

‘‘(E) The Under Secretary of Defense for Intelligence. 

‘‘(F) The General Counsel of the Department of Defense. 

‘‘(G) The other Assistant Secretaries of Defense under 

the Under Secretary of Defense for Policy. 

‘‘(H) The military departments. 

‘‘(I) The Joint Staff. 

‘‘(J) The United States Special Operations Command. 

‘‘(K) Such other officials or Agencies, elements, or components of the Department of Defense as the Secretary of 

Defense considers appropriate 

‘‘(d) OPERATION.—The Council shall operate continuously.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 4 of such title, as amended by section 

901(g)(1) of this Act, is further amended by inserting after the 

item relating to section 139a the following new item: 

‘‘139b. Special Operations Policy and Oversight Council.’’. 

(c) US SPECIAL OPERATIONS COMMAND MATTERS.— 

(1) AUTHORITY OF COMMANDER.—Subsection (e)(2) of section 167 of title 10, United States Code, is amended— 

(A) in the matter preceding subparagraph (A), by striking ‘‘The commander’’ and inserting ‘‘Subject to the authority, direction, and control of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, the 

commander’’; and 


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(B) by striking subparagraph (J) and inserting the following new subparagraph (J): 

‘‘(J) Monitoring the promotions of special operations forces 

and coordinating with the military departments regarding the 

assignment, retention, training, professional military education, 

and special and incentive pays of special operations forces.’’. 

(2) ADMINISTRATIVE CHAIN OF COMMAND.—Such section is 

further amended— 

(A) by redesignating subsections (f) through (k) as subsections (g), through (l), respectively; and 

(B) by inserting after subsection (e) the following new 

subsection (f): 

‘‘(f) ADMINISTRATIVE CHAIN OF COMMAND.—(1) Unless otherwise 

directed by the President, the administrative chain of command to 

the special operations command runs— 

‘‘(A) from the President to the Secretary of Defense; 

‘‘(B) from the Secretary of Defense to the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict; and 

‘‘(C) from the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict to the commander of the 

special operations command. 

‘‘(2) For purposes of this subsection, administrative chain of 

command refers to the exercise of authority, direction and control 

with respect to the special operations-peculiar administration and 

support of the special operations command, including the readiness 

and organization of special operations forces, resources and equipment, and civilian personnel. It does not refer to the exercise of authority, direction, and control of operational matters that are subject 

to the operational chain of command of the commanders of combatant commands or the exercise of authority, direction, and control of 

personnel, resources, equipment, and other matters that are not special operations-peculiar that are the purview of the armed forces.’’. 

SEC. 923. ESTABLISHMENT OF UNIFIED COMBATANT COMMAND FOR 

CYBER OPERATIONS. 

(a) ESTABLISHMENT OF CYBER COMMAND.—Chapter 6 of title 

10, United States Code, is amended by inserting after section 167a 

the following new section: 

‘‘§ 167b. Unified combatant command for cyber operations 

‘‘(a) ESTABLISHMENT.—With the advice and assistance of the 

Chairman of the Joint Chiefs of Staff, the President, through the 

Secretary of Defense, shall establish under section 161 of this title 

a unified combatant command for cyber operations forces (hereinafter in this section referred to as the ‘cyber command’). The principal function of the command is to prepare cyber operations forces 

to carry out assigned missions. 

‘‘(b) ASSIGNMENT OF FORCES.—Unless otherwise directed by the 

Secretary of Defense, all active and reserve cyber operations forces 

of the armed forces stationed in the United States shall be assigned 

to the cyber command. 

‘‘(c) GRADE OF COMMANDER.—The commander of the cyber command shall hold the grade of general or, in the case of an officer 

of the Navy, admiral while serving in that position, without 

vacating that officer’s permanent grade. The commander of such 


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command shall be appointed to that grade by the President, by and 

with the advice and consent of the Senate, for service in that position. 

‘‘(d) COMMAND OF ACTIVITY OR MISSION.—(1) Unless otherwise 

directed by the President or the Secretary of Defense, a cyber operations activity or mission shall be conducted under the command of 

the commander of the unified combatant command in whose geographic area the activity or mission is to be conducted. 

‘‘(2) The commander of the cyber command shall exercise command of a selected cyber operations mission if directed to do so by 

the President or the Secretary of Defense. 

‘‘(e) AUTHORITY OF COMBATANT COMMANDER.—(1) In addition 

to the authority prescribed in section 164(c) of this title, the commander of the cyber command shall be responsible for, and shall 

have the authority to conduct, all affairs of such command relating 

to cyber operations activities. 

‘‘(2)(A) Subject to the authority, direction, and control of the 

Principal Cyber Advisor, the commander of such command shall be 

responsible for, and shall have the authority to conduct, the following functions relating to cyber operations activities (whether or 

not relating to the cyber command): 

‘‘(i) Developing strategy, doctrine, and tactics. 

‘‘(ii) Preparing and submitting to the Secretary of Defense 

program recommendations and budget proposals for cyber operations forces and for other forces assigned to the cyber command. 

‘‘(iii) Exercising authority, direction, and control over the 

expenditure of funds— 

‘‘(I) for forces assigned directly to the cyber command; 

and 

‘‘(II) for cyber operations forces assigned to unified 

combatant commands other than the cyber command, with 

respect to all matters covered by section 807 of the National 

Defense Authorization Act for Fiscal Year 2014 (Public Law 

114–92; 129 Stat. 886; 10 U.S.C. 2224 note) and, with respect to a matter not covered by such section, to the extent 

directed by the Secretary of Defense. 

‘‘(iv) Training and certification of assigned joint forces. 

‘‘(v) Conducting specialized courses of instruction for commissioned and noncommissioned officers. 

‘‘(vi) Validating requirements. 

‘‘(vii) Establishing priorities for requirements. 

‘‘(viii) Ensuring the interoperability of equipment and 

forces. 

‘‘(ix) Formulating and submitting requirements for intelligence support. 

‘‘(x) Monitoring the promotion of cyber operation forces and 

coordinating with the military departments regarding the assignment, retention, training, professional military education, 

and special and incentive pays of cyber operation forces. 

‘‘(B) The authority, direction, and control exercised by the Principal Cyber Advisor for purposes of this section is authority, direction, and control with respect to the administration and support of 

the cyber command, including readiness and organization of cyber 


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operations forces, cyber operations-peculiar equipment and resources, and civilian personnel. 

‘‘(C) Nothing in this section shall be construed as providing the 

Principal Cyber Advisor authority, direction, and control of operational matters that are subject to the operational chain of command of the combatant commands or the exercise of authority, direction, and control of personnel, resources, equipment, and other 

matters that are not cyber-operations peculiar and that are in the 

purview of the armed forces. 

‘‘(3) The commander of the cyber command shall be responsible 

for— 

‘‘(A) ensuring the combat readiness of forces assigned to the 

cyber command; and 

‘‘(B) monitoring the preparedness to carry out assigned missions of cyber forces assigned to unified combatant commands 

other than the cyber command. 

‘‘(C) The staff of the commander shall include an inspector 

general who shall conduct internal audits and inspections of 

purchasing and contracting actions through the cyber operations command and such other inspector general functions as 

may be assigned. 

‘‘(f) INTELLIGENCE AND SPECIAL ACTIVITIES.—This section does 

not constitute authority to conduct any activity which, if carried out 

as an intelligence activity by the Department of Defense, would require a notice to the Select Committee on Intelligence of the Senate 

and the Permanent Select Committee on Intelligence of the House of 

Representatives under title V of the National Security Act of 1947 

(50 U.S.C. 3091 et seq.).’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 6 of such title is amended by inserting after the item 

relating to section 167a the following new item: 

‘‘167b. Unified combatant command for cyber operations.’’. 

SEC. 924. ASSIGNED FORCES OF THE COMBATANT COMMANDS. 

Section 162(a) of title 10, United States Code, is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘Except as provided in paragraph (2)’’ 

and inserting ‘‘As directed by the Secretary of Defense’’; 

(B) by striking ‘‘all forces’’ and inserting ‘‘specified 

forces’’; and 

(C) by striking the second sentence; 

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

new paragraph (2): 

‘‘(2) A force not assigned to a combatant command or to the 

United States element of the North American Aerospace Defense 

Command under paragraph (1) shall remain assigned to the military department concerned for carrying out the responsibilities of 

the Secretary of the military department concerned as specified in 

section 3013, 5013, or 8013 of this title, as applicable.’’; and 

(3) in paragraph (4)— 

(A) by striking ‘‘operating with the geographic area’’ 

and 

(B) by striking ‘‘assigned to, and’’. 


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SEC. 925. MODIFICATIONS TO THE REQUIREMENTS PROCESS. 

(a) IN GENERAL.—The text of section 181 of title 10, United 

States Code, is amended to read as follows: 

‘‘(a) IN GENERAL.—There is a Joint Requirements Oversight 

Council in the Department of Defense. 

‘‘(b) MISSION.—In addition to other matters assigned to it by the 

President or Secretary of Defense, the Joint Requirements Oversight 

Council shall assist the Chairman of the Joint Chiefs of Staff in— 

‘‘(1) assessing joint military capabilities, and identifying, 

approving, and prioritizing gaps in such capabilities, to meet 

applicable requirements in the national defense strategy under 

section 118 of this title; 

‘‘(2) reviewing and validating whether a capability proposed by an armed force, Defense Agency, or other entity of the 

Department of Defense fulfills a gap in joint military capabilities; 

‘‘(3) developing recommendations, in consultation with the 

advisors to the Council under subsection (d), for program cost 

and fielding targets pursuant to section 2448a of this title 

that— 

‘‘(A) require a level of resources that is consistent with 

the level of priority assigned to the associated capability 

gap; and 

‘‘(B) have an estimated period of time for the delivery 

of an initial operational capability that is consistent with 

the urgency of the associated capability gap; 

‘‘(4) establishing and approving joint performance requirements that— 

‘‘(A) ensure interoperability, where appropriate, between and among joint military capabilities; and 

‘‘(B) are necessary, as designated by the Chairman of 

the Joint Chiefs of Staff, to fulfill capability gaps of more 

than one armed force, Defense Agency, or other entity of the 

Department; 

‘‘(5) reviewing performance requirements for any existing or 

proposed capability that the Chairman of the Joint Chiefs of 

Staff determines should be reviewed by the Council; 

‘‘(6) identifying new joint military capabilities based on advances in technology and concepts of operation; and 

‘‘(7) identifying alternatives to any acquisition program 

that meets approved joint military capability requirements for 

the purposes of sections 2366a(b), 2366b(a)(4), and 2433(e)(2) of 

this title. 

‘‘(c) COMPOSITION.— ‘‘(1) IN GENERAL.—The Joint Requirements Oversight Council is composed of the following: 

‘‘(A) The Vice Chairman of the Joint Chiefs of Staff, 

who is the Chair of the Council and is the principal adviser 

to the Chairman of the Joint Chiefs of Staff for making recommendations about joint military capabilities or joint performance requirements. 

‘‘(B) An Army officer in the grade of general. 

‘‘(C) A Navy officer in the grade of admiral. 

‘‘(D) An Air Force officer in the grade of general. 

‘‘(E) A Marine Corps officer in the grade of general. 


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‘‘(2) SELECTION OF MEMBERS.—Members of the Council 

under subparagraphs (B), (C), (D), and (E) of paragraph (1) 

shall be selected by the Chairman of the Joint Chiefs of Staff, 

after consultation with the Secretary of Defense, from officers in 

the grade of general or admiral, as the case may be, who are 

recommended for selection by the Secretary of the military department concerned. 

‘‘(3) RECOMMENDATIONS.—In making any recommendation 

to the Chairman of the Joint Chiefs of Staff as described in 

paragraph (1)(A), the Vice Chairman of the Joint Chiefs of Staff 

shall provide the Chairman any dissenting view of members of 

the Council under paragraph (1) with respect to such recommendation. 

‘‘(d) ADVISORS.— 

‘‘(1) IN GENERAL.—The following officials of the Department 

of Defense shall serve as advisors to the Joint Requirements 

Oversight Council on matters within their authority and expertise: 

‘‘(A) The Under Secretary of Defense for Policy. 

‘‘(B) The Under Secretary of Defense for Intelligence. 

‘‘(C) The Under Secretary of Defense for Acquisition, 

Technology, and Logistics. 

‘‘(D) The Under Secretary of Defense (Comptroller). 

‘‘(E) The Director of Cost Assessment and Program 

Evaluation. 

‘‘(F) The Director of Operational Test and Evaluation. 

‘‘(G) The commander of a combatant command when 

matters related to the area of responsibility or functions of 

that command are under consideration by the Council. 

‘‘(2) INPUT FROM COMBATANT COMMANDS.—The Council 

shall seek and consider input from the commanders of the combatant commands in carrying out its mission under paragraphs 

(1) and (2) of subsection (b). 

‘‘(3) INPUT FROM CHIEFS OF STAFF.—The Council shall seek, 

and strongly consider, the views of the Chiefs of Staff of the 

armed forces, in their roles as customers of the acquisition system, on matters pertaining to a capability proposed by an 

armed force, Defense Agency, or other entity of the Department 

of Defense under subsection (b)(2) and joint performance requirements pursuant to subsection (b)(3). 

‘‘(e) PERFORMANCE REQUIREMENTS AS RESPONSIBILITY OF

ARMED FORCES.—The Chief of Staff of an armed force is responsible 

for all performance requirements for that armed force and, except 

for performance requirements specified in subsections (b)(4) and 

(b)(5), such performance requirements do not need to be validated 

by the Joint Requirements Oversight Council. 

‘‘(f) ANALYTIC SUPPORT.—The Secretary of Defense shall ensure 

that analytical organizations within the Department of Defense, 

such as the Office of Cost Assessment and Program Evaluation, provide resources and expertise in operations research, systems analysis, and cost estimation to the Joint Requirements Oversight Council to assist the Council in performing the mission in subsection (b). 

‘‘(g) AVAILABILITY OF OVERSIGHT INFORMATION TO CONGRESSIONAL DEFENSE COMMITTEES.—The Secretary of Defense shall ensure that, in the case of a recommendation by the Chairman of the 


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Joint Chiefs of Staff to the Secretary that is approved by the Secretary, oversight information with respect to such recommendation 

that is produced as a result of the activities of the Joint Requirements Oversight Council is made available in a timely fashion to 

the congressional defense committees. 

‘‘(h) DEFINITIONS.—In this section: 

‘‘(1) The term ‘joint military capabilities’ means the collective capabilities across the joint force, including both joint and 

force-specific capabilities, that are available to conduct military 

operations. 

‘‘(2) The term ‘performance requirement’ means a performance attribute of a particular system considered critical or essential to the development of an effective military capability. 

‘‘(3) The term ‘joint performance requirement’ means a performance requirement that is critical or essential to ensure 

interoperability or fulfill a capability gap of more than one 

armed force, Defense Agency, or other entity of the Department 

of Defense, or impacts the joint force in other ways such as logistics. 

‘‘(4) The term ‘oversight information’ means information 

and materials comprising analysis and justification that are 

prepared to support a recommendation that is made to, and approved by, the Secretary of Defense.’’. 

(b) PROGRAM COST AND FIELD TARGETS.—The Secretary of Defense shall establish a process to develop program cost and fielding 

targets pursuant to section 2448a of title 10, United States Code, 

that— 

(1) is co-chaired by the Deputy Secretary of Defense and the 

Vice Chairman of the Joint Chiefs of Staff; 

(2) is supported by— 

(A) the Joint Staff, to provide expertise on joint military capabilities, capability gaps, and performance requirements; 

(B) the Office of Cost Assessment and Program Evaluation, to provide expertise in resource allocation, operations 

research, systems analysis, and cost estimation; and 

(C) other Department of Defense organizations determined appropriate by the Secretary; and 

(3) ensures that appropriate trade-offs are made among 

life-cycle cost, schedule, and performance objectives and procurement quantity objectives. 

SEC. 926. REVIEW OF COMBATANT COMMAND ORGANIZATION. 

(a) REVIEWS REQUIRED.— 

(1) IN GENERAL.—The entities specified in paragraph (2) 

shall each conduct a review of the organizational structures of 

the combatant commands, and shall develop recommendations 

for improving the overall effectiveness of the combatant commands, and addressing threats that span multiple regions, 

functions, and domains. 

(2) ENTITIES.—The entities specified in this paragraph are 

the following: 

(A) The Secretary of Defense, in consultation with the 

Chairman of the Joint Chiefs of Staff. 

(B) An independent entity with appropriate expertise, 

selected by the Secretary and with which the Secretary 


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shall enter into a contract by not later than 30 days after 

the date of the enactment of this Act. 

(b) ELEMENTS.—Each review under subsection (a) shall include 

an examination of the following: 

(1) The evolution of combatant command mission requirements and the ability of combatant commands to satisfy those 

mission requirements. 

(2) The evolution of the organizational structures, compositions, and sizes of the combatant commands, and how such factors may have contributed to combatant command performance 

in satisfying mission requirements, planning, and maintaining 

force readiness. 

(3) The resources of combatant commands, including the 

degree to which combatant command force requirements are 

resourced. 

(4) The benefits, drawbacks, and resource implications of 

eliminating or consolidating combatant commands, or of altering the relationships among combatant commands and their 

component command organizations or the command and control structures of the combatant commands. 

(5) Organizational structures of the combatant commands, 

including Joint Task Forces or task-organized forces operating 

below the combatant command level, and the benefits, drawbacks, and resource implications of alternative organizational 

structures. 

(c) REPORT.—Not later than September 30, 2017, the Secretary 

shall submit to the congressional defense committees a report on the 

findings and recommendations of each review required by subsection (a). 

Subtitle D—Organization and Management of Other 

Department of Defense Offices and Elements 

SEC. 931. QUALIFICATIONS FOR APPOINTMENT OF THE SECRETARIES 

OF THE MILITARY DEPARTMENTS. 

(a) SECRETARY OF THE ARMY.—Section 3013(a)(1) of title 10, 

United States Code, is amended by inserting after the first sentence 

the following new sentence: ‘‘The Secretary shall, to the greatest extent practicable, be appointed from among persons most highly 

qualified for the position by reason of background and experience, 

including persons with appropriate management or leadership experience.’’. 

(b) SECRETARY OF THE NAVY.—Section 5013(a)(1) of such title 

is amended by inserting after the first sentence the following new 

sentence: ‘‘The Secretary shall, to the greatest extent practicable, be 

appointed from among persons most highly qualified for the position by reason of background and experience, including persons 

with appropriate management or leadership experience.’’. 

(c) SECRETARY OF THE AIR FORCE.—Section 8013(a)(1) of such 

title is amended by inserting after the first sentence the following 

new sentence: ‘‘The Secretary shall, to the greatest extent practicable, be appointed from among persons most highly qualified for 

the position by reason of background and experience, including persons with appropriate management or leadership experience.’’. 


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SEC. 932. ENHANCED PERSONNEL MANAGEMENT AUTHORITIES FOR 

THE CHIEF OF THE NATIONAL GUARD BUREAU. 

Section 10508 of title 10, United States Code, is amended— 

(1) by inserting ‘‘(a) MANPOWER REQUIREMENTS OF NATIONAL GUARD BUREAU.—’’ before ‘‘The manpower requirements’’; and 

(2) by adding at the end the following new subsection: 

‘‘(b) PERSONNEL FOR FUNCTIONS OF NATIONAL GUARD BUREAU.— 

‘‘(1) IN GENERAL.—The Chief of the National Guard Bureau 

may program for, appoint, employ, administer, detail, and assign persons under sections 2103, 2105, and 3101 of title 5, or 

section 328 of title 32, within the National Guard Bureau and 

the National Guard of each State, the Commonwealth of Puerto 

Rico, the District of Columbia, Guam, and the Virgin Islands 

to execute the functions of the National Guard Bureau and the 

missions of the National Guard, and missions as assigned by 

the Chief of the National Guard Bureau. 

‘‘(2) ADMINISTRATION THROUGH ADJUTANTS GENERAL.—The 

Chief of the National Guard Bureau may designate the adjutants general referred to in section 314 of title 32 to appoint, 

employ, and administer the National Guard employees authorized by this subsection. 

‘‘(3) ADMINISTRATIVE ACTIONS.—Notwithstanding the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 et seq.) 

and under regulations prescribed by the Chief of the National 

Guard Bureau, all personnel actions or conditions of employment, including adverse actions under title 5, pertaining to a 

person appointed, employed, or administered by an adjutant 

general under this subsection shall be accomplished by the adjutant general of the jurisdiction concerned. For purposes of any 

administrative complaint, grievance, claim, or action arising 

from, or relating to, such a personnel action or condition of employment: 

‘‘(A) The adjutant general of the jurisdiction concerned 

shall be considered the head of the agency and the National 

Guard of the jurisdiction concerned shall be considered the 

employing agency of the individual and the sole defendant 

or respondent in any administrative action. 

‘‘(B) The National Guard of the jurisdiction concerned 

shall defend any administrative complaint, grievance, 

claim, or action, and shall promptly implement all aspects 

of any final administrative order, judgment, or decision. 

‘‘(C) In any civil action or proceeding brought in any 

court arising from an action under this section, the United 

States shall be the sole defendant or respondent. 

‘‘(D) The Attorney General of the United States shall 

defend the United States in actions arising under this section described in subparagraph (C). 

‘‘(E) Any settlement, judgment, or costs arising from an 

action described in subparagraph (A) or (C) shall be paid 

from appropriated funds allocated to the National Guard of 

the jurisdiction concerned.’’. 


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SEC. 933. REORGANIZATION AND REDESIGNATION OF OFFICE OF FAMILY POLICY AND OFFICE OF COMMUNITY SUPPORT FOR 

MILITARY FAMILIES WITH SPECIAL NEEDS. 

(a) OFFICE OF FAMILY POLICY.— 

(1) REDESIGNATION AS OFFICE OF MILITARY FAMILY READINESS POLICY.—Section 1781(a) of title 10, United States Code, 

is amended— 

(A) by striking ‘‘Office of Family Policy’’ and inserting 

‘‘Office of Military Family Readiness Policy’’; and 

(B) by striking ‘‘Director of Family Policy’’ and inserting ‘‘Director of Military Family Readiness Policy’’. 

(2) INCLUSION OF DIRECTOR ON MILITARY FAMILY READINESS COUNCIL.—Subsection (b)(1)(E) of section 1781a of such 

title is amended by striking ‘‘Office of Community Support for 

Military Families with Special Needs’’ and inserting ‘‘Office of 

Military Family Readiness Policy’’. 

(3) CONFORMING AMENDMENT.—Section 131(b)(8)(G) of such 

title is amended by striking ‘‘Director of Family Policy’’ and inserting ‘‘Director of Military Family Readiness Policy’’. 

(4) HEADING AND CLERICAL AMENDMENTS.— 

(A) SECTION HEADING.—The heading of section 1781 of 

such title is amended to read as follows: 

‘‘§ 1781. Office of Military Family Readiness Policy’’. 

(B) CLERICAL AMENDMENT.—The table of sections at 

the beginning of chapter 88 of such title is amended by 

striking the item relating to section 1781 and inserting the 

following new item: 

‘‘1781. Office of Military Family Readiness Policy.’’. 

(b) OFFICE OF COMMUNITY SUPPORT FOR MILITARY FAMILIES

WITH SPECIAL NEEDS.— 

(1) REDESIGNATION AS OFFICE OF SPECIAL NEEDS.—Subsection (a) of section 1781c of title 10, United States Code, is 

amended by striking ‘‘Office of Community Support for Military 

Families with Special Needs’’ and inserting ‘‘Office of Special 

Needs’’. 

(2) REORGANIZATION UNDER OFFICE OF MILITARY FAMILY

READINESS POLICY.—Such subsection is further amended by 

striking ‘‘Office of the Under Secretary of Defense for Personnel 

and Readiness’’ and inserting ‘‘Office of Military Family Readiness Policy’’. 

(3) REPEAL OF REQUIREMENT FOR HEAD OF OFFICE TO BE

MEMBER OF SENIOR EXECUTIVE SERVICE OR GENERAL OR FLAG

OFFICER.—Such section is further amended by striking subsection (c). 

(4) CONFORMING AMENDMENTS.—Such section is further 

amended— 

(A) by redesignating subsections (d) through (i) as subsections (c) through (h), respectively; 

(B) by striking ‘‘subsection (e)’’ each place it appears 

and inserting ‘‘subsection (d)’’; 

(C) in subsection (c), as so redesignated, by striking 

‘‘subsection (f)’’ in paragraph (2) and inserting ‘‘subsection 

(e)’’; and 

(D) in subsection (g), as so redesignated— 


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(i) in paragraph (2)(A), by striking ‘‘subsection 

(d)(3)’’ and inserting ‘‘subsection (c)(3)’’; and 

(ii) in paragraph (2)(B), by striking ‘‘subsection 

(d)(4)’’ and inserting ‘‘subsection (c)(4)’’. 

(5) HEADING AND CLERICAL AMENDMENTS.— (A) SECTION HEADING.—The heading of such section is 

amended to read as follows: 

‘‘§ 1781c. Office of Special Needs’’. 

(B) CLERICAL AMENDMENT.—The table of sections at 

the beginning of chapter 88 of such title is amended by 

striking the item relating to section 1781c and inserting the 

following new item: 

‘‘1781c. Office of Special Needs.’’. 

SEC. 934. REDESIGNATION OF ASSISTANT SECRETARY OF THE AIR 

FORCE FOR ACQUISITION AS ASSISTANT SECRETARY OF 

THE AIR FORCE FOR ACQUISITION, TECHNOLOGY, AND 

LOGISTICS. 

(a) REDESIGNATION.—Section 8016(b)(4)(A) of title 10, United 

States Code, is amended— 

(1) by striking ‘‘Assistant Secretary of the Air Force for Acquisition’’ and inserting ‘‘Assistant Secretary of the Air Force 

for Acquisition, Technology, and Logistics’’; and 

(2) by inserting ‘‘, technology, and logistics’’ after ‘‘acquisition’’. 

(b) REFERENCES.—Any reference to the Assistant Secretary of 

the Air Force for Acquisition in any law, regulation, map, document, record, or other paper of the United States shall be deemed 

to be a reference to the Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics. 

Subtitle E—Strategies, Reports, and Related Matters 

SEC. 941. NATIONAL DEFENSE STRATEGY. 

(a) NATIONAL DEFENSE STRATEGY.—Subsection (g) of section 

113 of title 10, United States Code, is amended to read as follows: 

‘‘(g)(1)(A) Except as provided in subparagraph (E), in January 

every four years, and intermittently otherwise as may be appropriate, the Secretary of Defense shall provide to the Secretaries of 

the military departments, the Chiefs of Staff of the armed forces, the 

commanders of the unified and specified combatant commands, and 

the heads of all Defense Agencies and Field Activities of the Department of Defense and other elements of the Department specified in 

paragraphs (1) through (10) of section 111(b) of this title, and to the 

congressional defense committees, a defense strategy. Each strategy 

shall be known as the ‘national defense strategy’, and shall support 

the most recent national security strategy report of the President 

under section 108 of the National Security Act of 1947 (50 U.S.C. 

3043). 

‘‘(B) Each national defense strategy shall including the following: 

‘‘(i) The priority missions of the Department of Defense, and 

the assumed force planning scenarios and constructs. 

‘‘(ii) The assumed strategic environment, including the most 

critical and enduring threats to the national security of the 

United States and its allies posed by state or non-state actors, 


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and the strategies that the Department will employ to counter 

such threats and provide for the national defense. 

‘‘(iii) A strategic framework prescribed by the Secretary that 

guides how the Department will prioritize among the threats 

described in clause (ii) and the missions specified pursuant to 

clause (i), how the Department will allocate and mitigate the resulting risks, and how the Department will make resource investments. 

‘‘(iv) The roles and missions of the armed forces to carry out 

the missions described in clause (i), and the assumed roles and 

capabilities provided by other United States Government agencies and by allies and international partners. 

‘‘(v) The force size and shape, force posture, defense capabilities, force readiness, infrastructure, organization, personnel, 

technological innovation, and other elements of the defense program necessary to support such strategy. 

‘‘(vi) The major investments in defense capabilities, force 

structure, force readiness, force posture, and technological innovation that the Department will make over the following fiveyear period in accordance with the strategic framework described in clause (iii). 

‘‘(C) The Secretary shall seek the military advice and assistance 

of the Chairman of the Joint Chiefs of Staff in preparing each national defense strategy required by this subsection. 

‘‘(D) Each national defense strategy under this subsection shall 

be presented to the congressional defense committees in classified 

form with an unclassified summary. 

‘‘(E) In a year following an election for President, which election 

results in the appointment by the President of a new Secretary of 

Defense, the Secretary shall present the national defense strategy required by this subsection as soon as possible after appointment by 

and with the advice and consent of the Senate. 

‘‘(F) In February of each year in which the Secretary does not 

submit a new defense strategy as required by paragraph (A), the 

Secretary shall submit to the congressional defense committees an 

assessment of the current national defense strategy, including an assessment of the implementation of the strategy by the Department 

and an assessment whether the strategy requires revision as a result 

of changes in assumptions, policy, or other factors. 

‘‘(2) In implementing a national defense strategy under paragraph (1), the Secretary, with the advice and assistance of the 

Chairman of the Joint Chiefs of Staff, shall provide annually to the 

Secretaries of the military departments, the Chiefs of Staff of the 

armed forces, the commanders of the unified and specified combatant commands, and the heads of all Defense Agencies and Field Activities of the Department and other elements of the Department 

specified in paragraphs (1) through (10) of section 111(b) of this 

title, written policy guidance for the preparation and review of the 

program recommendations and budget proposals of their respective 

components to guide the development of forces. Such guidance shall 

include— 

‘‘(A) the national security interests and objectives; 

‘‘(B) the priority military missions of the Department, including the assumed force planning scenarios and constructs; 


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‘‘(C) the force size and shape, force posture, defense capabilities, force readiness, infrastructure, organization, personnel, 

technological innovation, and other elements of the defense program necessary to support the strategy; 

‘‘(D) the resource levels projected to be available for the period of time for which such recommendations and proposals are 

to be effective; and 

‘‘(E) a discussion of any changes in the defense strategy and 

assumptions underpinning the strategy, as required by paragraph (1). 

‘‘(3) In implementing the guidance under paragraph (2), the 

Secretary, with the approval of the President and after consultation 

with the Chairman of the Joint Chiefs of Staff, shall provide, every 

two years or more frequently as needed, to the Chairman written 

policy guidance for the preparation and review of contingency plans, 

including plans for providing support to civil authorities in an incident of national significance or a catastrophic incident, for homeland defense, and for military support to civil authorities. Such 

guidance shall include guidance on the employment of forces, including specific force levels and specific supporting resource levels 

projected to be available for the period of time for which such plans 

are to be effective. 

‘‘(4) Not later than February 15 in any calendar year in which 

any written guidance is required pursuant to paragraph (2) or (3), 

the Secretary shall provide to the congressional defense committees 

a detailed classified briefing summarizing such guidance developed 

pursuant to such paragraphs.’’. 

(b) CONFORMING REPEAL.— 

(1) IN GENERAL.—Section 118 of title 10, United States 

Code, is repealed. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 2 of such title is amended by striking the 

item relating to section 118. 

SEC. 942. COMMISSION ON THE NATIONAL DEFENSE STRATEGY FOR 

THE UNITED STATES. 

(a) ESTABLISHMENT.—There is hereby established a commission 

to be known as the ‘‘Commission on the National Defense Strategy 

for the United States’’ (in this section referred to as the ‘‘Commission’’). The purpose of the Commission is to examine and make recommendations with respect to the national defense strategy for the 

United States. 

(b) COMPOSITION.— 

(1) MEMBERSHIP.—The Commission shall be composed of 

12 members appointed as follows: 

(A) Three members appointed by the chair of the Committee on Armed Services of the House of Representatives. 

(B) Three members appointed by the ranking minority 

member of the Committee on Armed Services of the House 

of Representatives. 

(C) Three members appointed by the chair of the Committee on Armed Services of the Senate. 

(D) Three members appointed by the ranking minority 

member of the Committee on Armed Services of the Senate. 

(2) CHAIR; VICE CHAIR.— 


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(A) CHAIR.—The chair of the Committee on Armed 

Services of the House of Representative and the chair of the 

Committee on Armed Services of the Senate shall jointly 

designate one member of the Commission to serve as chair 

of the Commission. 

(B) VICE CHAIR.—The ranking minority member of the 

Committee on Armed Services of the House of Representative and the ranking minority member of the Committee on 

Armed Services of the Senate shall jointly designate one 

member of the Commission to serve as vice chair of the 

Commission. 

(3) PERIOD OF APPOINTMENT; VACANCIES.—Members shall 

be appointed for the life of the Commission. Any vacancy in the 

Commission shall be filled in the same manner as the original 

appointment. 

(c) DUTIES.— 

(1) REVIEW.—The Commission shall review the current national defense strategy of the United States, including the assumptions, missions, force posture and structure, and strategic 

and military risks associated with the strategy. 

(2) ASSESSMENT AND RECOMMENDATIONS.—The Commission shall conduct a comprehensive assessment of the strategic 

environment, the threats to the United States, the size and 

shape of the force, the readiness of the force, the posture and capabilities of the force, the allocation of resources, and strategic 

and military risks in order to provide recommendations on the 

national defense strategy for the United States. 

(d) COOPERATION FROM GOVERNMENT.— 

(1) COOPERATION.—In carrying out its duties, the Commission shall receive the full and timely cooperation of the Secretary of Defense in providing the Commission with analysis, 

briefings, and other information necessary for the fulfillment of 

its responsibilities. 

(2) LIAISON.—The Secretary shall designate at least one officer or employee of the Department of Defense to serve as a liaison officer between the Department and the Commission. 

(e) REPORT.— 

(1) FINAL REPORT.—Not later than December 1, 2017, the 

Commission shall submit to the President, the Secretary of Defense, the Committee on Armed Services of the House of Representatives, and the Committee on Armed Services of the Senate a report on the Commission’s findings, conclusions, and recommendations. The report shall address, but not be limited to, 

each of the following: 

(A) The strategic environment, including threats to the 

United States and the potential for conflicts arising from 

such threats, security challenges, and the national security 

interests of the United States. 

(B) The military missions for which the Department of 

Defense should prepare and the force planning construct. 

(C) The roles and missions of the Armed Forces to 

carry out those missions and the roles and capabilities provided by other United States Government agencies and by 

allies and international partners. 


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(D) The force planning construct, size and shape, posture and capabilities, readiness, infrastructure, organization, personnel, and other elements of the defense program 

necessary to support the strategy. 

(E) The resources necessary to support the strategy, including budget recommendations. 

(F) The risks associated with the strategy, including 

the relationships and tradeoffs between missions, risks, and 

resources. 

(2) INTERIM BRIEFING.—Not later than June 1, 2017, the 

Commission shall provide to the Committee on Armed Services 

of the House of Representatives, and the Committee on Armed 

Services of the Senate a briefing on the status of its review and 

assessment, and include a discussion of any interim recommendations. 

(3) FORM.—The report submitted to Congress under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. 

(f) FUNDING.—Of the amounts authorized to be appropriated by 

to this Act for the Department of Defense, $5,000,000 is available 

to fund the activities of the Commission. 

(g) TERMINATION.—The Commission shall terminate 6 months 

after the date on which it submits the report required by subsection 

(e). 

SEC. 943. REFORM OF THE NATIONAL MILITARY STRATEGY. 

(a) IN GENERAL.—Paragraph (1) of section 153(b) of title 10, 

United States Code, is amended to read as follows: 

‘‘(1) NATIONAL MILITARY STRATEGY.—(A) The Chairman 

shall determine each even-numbered year whether to prepare a 

new National Military Strategy in accordance with this paragraph or to update a strategy previously prepared in accordance 

with this paragraph. The Chairman shall provide such National Military Strategy or update to the Secretary of Defense 

in time for transmittal to Congress pursuant to paragraph (3), 

including in time for inclusion in the report of the Secretary of 

Defense, if any, under paragraph (4). 

‘‘(B) Each National Military Strategy (or update) under this 

paragraph shall be based on a comprehensive review conducted 

by the Chairman in conjunction with the other members of the 

Joint Chiefs of Staff and the commanders of the unified and 

specified combatant commands. Each update shall address only 

those parts of the most recent National Military Strategy for 

which the Chairman determines, on the basis of the review, that 

a modification is needed. 

‘‘(C) Each National Military Strategy (or update) submitted 

under this paragraph shall describe how the military will support the objectives of the United States as articulated in— 

‘‘(i) the most recent National Security Strategy prescribed by the President pursuant to section 108 of the National Security Act of 1947 (50 U.S.C. 3043); 

‘‘(ii) the most recent annual report of the Secretary of 

Defense submitted to the President and Congress pursuant 

to section 113 of this title; 


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‘‘(iii) the most recent national defense strategy presented by the Secretary of Defense pursuant to section 113 

of this title; 

‘‘(iv) the most recent policy guidance provided by the 

Secretary of Defense pursuant to section 113(g) of this title; 

and 

‘‘(v) any other national security or defense strategic 

guidance issued by the President or the Secretary of Defense. 

‘‘(D) At a minimum, each National Military Strategy (or 

update) submitted under this paragraph shall— 

‘‘(i) assess the strategic environment, threats, opportunities, and challenges that affect the national security of 

the United States; 

‘‘(ii) assess military ends, ways, and means to support 

the objectives referred to in subparagraph (C); 

‘‘(iii) provide the framework for the assessment by the 

Chairman of military strategic and operational risks, and 

for the development of risk mitigation options; 

‘‘(iv) develop military options to address threats and 

opportunities; 

‘‘(v) assess joint force capabilities, capacities, and resources; and 

‘‘(vi) establish military guidance for the development of 

the joint force and the total force building on guidance by 

the President and the Secretary of Defense as referred to in 

subparagraph (C).’’. 

(b) MODIFICATION TO RISK ASSESSMENT.—Paragraph (2) of 

such section is amended— 

(1) in the third sentence of subparagraph (A), by striking 

‘‘of the report’’ and inserting ‘‘in the report’’; and 

(2) in subparagraph (B)— 

(A) by inserting ‘‘(or update)’’ after ‘‘National Military 

Strategy’’ each place it appears; 

(B) in clause (ii), by striking ‘‘strategic risks to United 

States interests’’ and all that follows and inserting ‘‘military strategic and operational risks to United States interests and the military strategic and operational risks in executing the National Military Strategy (or update).’’; 

(C) in clause (iii), by striking ‘‘distinguishing between 

the concepts of probability and consequences’’; 

(D) in clause (iv)(II), by striking ‘‘most’’; and 

(E) in clause (v), by striking ‘‘or support of—’’ and all 

the follows and inserting ‘‘of external support, as appropriate.’’. 

(c) FORM.—Paragraph (3) of such section is amended by adding 

at the end the following new subparagraph: 

‘‘(C) The National Military Strategy (or update) and Risk 

Assessment submitted under this subsection shall be classified 

in form, but shall include an unclassified summary.’’. 

SEC. 944. FORM OF ANNUAL NATIONAL SECURITY STRATEGY REPORT. 

Section 108(c) of the National Security Act of 1947 (50 U.S.C. 

3043(c)) is amended by striking ‘‘in both a classified form and an 

unclassified form’’ and inserting ‘‘to Congress in classified form, but 

may include an unclassified summary’’. 


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SEC. 945. MODIFICATION TO INDEPENDENT STUDY OF NATIONAL SECURITY STRATEGY FORMULATION PROCESS. 

Section 1064(b)(2) of the National Defense Authorization Act for 

Fiscal Year 2016 (Public Law 114–92; 129 Stat. 989) is amended— 

(1) in subparagraph (D), by inserting ‘‘, including Congress,’’ after ‘‘Federal Government’’; and 

(2) by adding at the end the following new subparagraph: 

‘‘(E) The capabilities and limitations of the Department 

of Defense workforce responsible for conducting strategic 

planning, including recommendations for improving the 

workforce through training, education, and career management.’’. 

Subtitle F—Other Matters 

SEC. 951. ENHANCED SECURITY PROGRAMS FOR DEPARTMENT OF DEFENSE PERSONNEL AND INNOVATION INITIATIVES. 

(a) ENHANCEMENT OF SECURITY PROGRAMS GENERALLY.— 

(1) PERSONNEL BACKGROUND AND SECURITY PLAN REQUIRED.—The Secretary of Defense shall develop an implementation plan for the Defense Security Service to conduct, after October 1, 2017, background investigations for personnel of the 

Department of Defense whose investigations are adjudicated by 

the Consolidated Adjudication Facility of the Department. The 

Secretary shall submit the implementation plan to the congressional defense committees by not later than August 1, 2017. 

(2) PLAN FOR POTENTIAL TRANSFER OF INVESTIGATIVE PERSONNEL TO DEPARTMENT OF DEFENSE.—Not later than October 

1, 2017, the Secretary and the Director of the Office of Personnel Management shall develop a plan to transfer Government investigative personnel and contracted resources to the Department in proportion to the background and security investigative workload that would be assumed by the Department if 

the plan required by paragraph (1) were implemented. 

(3) REPORT.—Not later than August 1, 2017, the Secretary 

shall submit to the congressional defense committees a report on 

the number of full-time equivalent employees of the management headquarters of the Department that would be required by 

the Defense Security Service to carry out the plan developed 

under paragraph (1). 

(4) COLLECTION, STORAGE, AND RETENTION OF INFORMATION BY INSIDER THREAT PROGRAMS.—In order to enable detection and mitigation of potential insider threats, the Secretary 

shall ensure that insider threat programs of the Department 

collect, store, and retain information from the following: 

(A) Personnel security. 

(B) Physical security. 

(C) Information security. 

(D) Law enforcement. 

(E) Counterintelligence. 

(F) User activity monitoring. 

(G) Information assurance. 

(H) Such other data sources as the Secretary considers 

necessary and appropriate. 

(b) ELEMENTS OF SYSTEM.— 


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(1) IN GENERAL.—In developing a system for the performance of background investigations for personnel in carrying out 

subsection (a), the Secretary shall— 

(A) conduct a review of security clearance business 

processes and, to the extent practicable, modify such processes to maximize compatibility with the security clearance 

information technology architecture to minimize the need 

for customization of the system; 

(B) conduct business process mapping of the business 

processes described in subparagraph (A); 

(C) use spiral development and incremental acquisition 

practices to rapidly deploy the system, including through 

the use of prototyping and open architecture principles; 

(D) establish a process to identify and limit interfaces 

with legacy systems and to limit customization of any commercial information technology tools used; 

(E) establish automated processes for measuring the 

performance goals of the system; 

(F) incorporate capabilities for the continuous monitoring of network security and the mitigation of insider 

threats to the system; 

(G) institute a program to collect and maintain data 

and metrics on the background investigation process; and 

(H) establish a council (to be known as the ‘‘Department of Defense Background Investigations Rate Council’’) 

to advise and advocate for rate efficiencies for background 

clearance investigation rates, and to negotiate rates for 

background investigation services provided to outsides entities and agencies when requested. 

(2) COMPLETION DATE.—The Secretary shall complete the 

development and implementation of the system described in 

paragraph (1) by not later than September 30, 2019. 

(c) ESTABLISHMENT OF ENHANCED SECURITY PROGRAM TO SUP- PORT DEPARTMENT OF DEFENSE INNOVATION INITIATIVE.— 

(1) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary shall establish a personnel security program, and take such other actions as the 

Secretary considers appropriate, to support the Innovation Initiative of the Department to better leverage commercial technology. 

(2) POLICIES AND PROCEDURES.—In establishing the program required by paragraph (1), the Secretary shall develop 

policies and procedures to rapidly and inexpensively investigate 

and adjudicate security clearances for personnel from commercial companies with innovative technologies and solutions to enable such companies to receive relevant threat reporting and to 

propose solutions for a broader set of Department requirements. 

(3) ACCESS TO CLASSIFIED INFORMATION.—The Secretary 

shall ensure that access to classified information under the program required by paragraph (1) is not contingent on a company 

already being under contract with the Department. 

(4) AWARD OF SECURITY CLEARANCES.—The Secretary may 

award secret clearances under the program required by paragraph (1) for limited purposes and periods relating to the acquisition or modification of capabilities and services. 


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(d) UPDATED GUIDANCE AND REVIEW OF POLICIES.— (1) REVIEW OF APPLICABLE LAWS.—The Secretary shall review laws, regulations, and executive orders relating to the 

maintenance of personnel security clearance information by the 

Federal Government, including the investigation timeline 

metrics established in the Intelligence Reform and Prevention of 

Terrorism Act of 2004 (Public Law 108–458). The review should 

also identify recommendations to eliminate duplicative or outdated authorities in current executive orders, regulations and 

guidance. Not later than 90 days after the date of the enactment 

of this Act, the Secretary shall provide to the Committees on 

Armed Services of the Senate and the House of Representatives 

a briefing that includes— 

(A) the results of the review; and 

(B) recommendations, if any, for consolidating and 

clarifying laws, regulations, and executive orders relating 

to the maintenance of personnel security clearance information by the Federal Government. 

(2) RECIPROCITY DIRECTIVE.—Not later than 180 days after 

the date of the enactment of this Act, the Secretary shall coordinate with the Security Executive Agent, in consultation with the 

Suitability Executive Agent, to issue an updated reciprocity directive that accounts for security policy changes associated with 

new position designation regulations under section 1400 of title 

5, Code of Federal Regulations, new continuous evaluation policies, and new Federal investigative standards. 

(3) IMPLEMENTATION DIRECTIVES.—The Secretary, working 

with the Security Executive Agent and the Suitability Executive 

Agent, shall jointly develop and issue directives on— 

(A) completing the implementation of the National Security Sensitive Position designations required by section 

1400 of title 5, Code of Federal Regulations; and 

(B) aligning to the maximum practical extent the investigative and adjudicative standards and criteria for positions requiring access to classified information and national security sensitive positions not requiring access to 

classified information to ensure effective and efficient reciprocity and consistent designation of like-positions across 

the Federal Government. 

(e) WAIVER OF CERTAIN DEADLINES.—For each of fiscal years 

2017 through 2019, the Secretary may waive any background investigation timeline specified in the Intelligence Reform and Prevention 

of Terrorism Act of 2004 if the Secretary submits to the appropriate 

committees of Congress a written notification on the waiver not later 

than 30 days before the beginning of the fiscal year concerned. 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate committees of Congress’’ has the 

meaning given that term in section 3001(a)(8) of the Intelligence 

Reform and Prevention of Terrorism Act of 2004 (50 U.S.C. 

3341(a)(8)). 

(2) The term ‘‘business process mapping’’ has the meaning 

given that term in section 2222(i) of title 10, United States 

Code. 

(3) The term ‘‘insider threat’’ means, with respect to the Department, a threat presented by a person who— 


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(A) has, or once had, authorized access to information, 

a facility, a network, a person, or a resource of the Department; and 

(B) wittingly, or unwittingly, commits— 

(i) an act in contravention of law or policy that resulted in, or might result in, harm through the loss or 

degradation of government or company information, resources, or capabilities; or 

(ii) a destructive act, which may include physical 

harm to another in the workplace. 

SEC. 952. 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. 

(a) LAW ENFORCEMENT AUTHORITY.—Subsection (b) of section 

2674 of title 10, United States Code, is amended— 

(1) by redesignating paragraph (2) as paragraph (5); and 

(2) by striking the matter in such subsection preceding such 

paragraph and inserting the following: 

‘‘(b)(1) The Secretary shall protect the buildings, grounds, and 

property located in the National Capital Region that are occupied 

by, or under the jurisdiction, custody, or control of, the Department 

of Defense, and the persons on that property. 

‘‘(2) The Secretary may designate military or civilian personnel 

to perform law enforcement functions and military, civilian, or contract personnel to perform security functions for such buildings, 

grounds, property, and persons, including, with regard to civilian 

personnel designated under this section, duty in areas outside the 

property referred to in paragraph (1) to the extent necessary to protect that property and persons on that property. Subject to the authorization of the Secretary, any such military or civilian personnel 

so designated may exercise the authorities listed in paragraphs (1) 

through (5) of section 2672(c) of this title. 

‘‘(3) The powers granted under paragraph (2) to military and 

civilian personnel designated under that paragraph shall be exercised in accordance with guidelines prescribed by the Secretary and 

approved by the Attorney General. 

‘‘(4) Nothing in this subsection shall be construed to— 

‘‘(A) preclude or limit the authority of any Defense Criminal 

Investigative Organization or any other Federal law enforcement agency; 

‘‘(B) restrict the authority of the Secretary of Homeland Security under the Homeland Security Act of 2002 (6 U.S.C. 101 

et seq.) or the authority of the Administrator of General Services, including the authority to promulgate regulations affecting 

property under the custody and control of that Secretary or the 

Administrator, respectively; 

‘‘(C) expand or limit section 21 of the Internal Security Act 

of 1950 (50 U.S.C. 797); 

‘‘(D) affect chapter 47 of this title (the Uniform Code of 

Military Justice); 

‘‘(E) restrict any other authority of the Secretary of Defense 

or the Secretary of a military department; or 


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‘‘(F) restrict the authority of the Director of the National Security Agency under section 11 of the National Security Agency 

Act of 1959 (50 U.S.C. 3609).’’. 

(b) RATES OF BASIC PAY FOR CIVILIAN LAW ENFORCEMENT PERSONNEL.—Paragraph (5) of such subsection, as redesignated by subsection (a)(1) of this section, is amended by inserting ‘‘, whichever 

is greater’’ before the period at the end. 

(c) CODIFICATION OF AUTHORITY TO PROVIDE PHYSICAL PROTECTION AND PERSONAL SECURITY WITHIN UNITED STATES TO CERTAIN SENIOR LEADERS IN DOD AND OTHER SPECIFIED PERSONS.— 

(1) IN GENERAL.—Chapter 41 of title 10, United States 

Code, is amended by inserting after section 713 a new section 

714 consisting of— 

(A) a heading as follows: 

‘‘§ 714. Senior leaders of the Department of Defense and other 

specified persons: authority to provide protection 

within the United States’’; and 

(B) a text consisting of the text of subsections (a) 

through (d) of section 1074 of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 113 note). 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 41 of such title is amended by adding at the 

end the following new item: 

‘‘714. Senior leaders of the Department of Defense and other specified persons: authority to provide protection within the United States.’’. 

(3) REPEAL OF CODIFIED PROVISION.—Section 1074 of the 

National Defense Authorization Act for Fiscal Year 2008 is repealed. 

(4) CONFORMING AND STYLISTIC AMENDMENTS DUE TO CODIFICATION.—Section 714 of title 10, United States Code, as 

added by paragraph (1), is amended— 

(A) in subsections (a), (b)(1), and (d)(1), by striking 

‘‘Armed Forces’’ and inserting ‘‘armed forces’’; 

(B) in subsection (c)— 

(i) by striking ‘‘section:’’ and all that follows 

through ‘‘Forces’ and’’ and inserting ‘‘section, the terms 

‘qualified members of the armed forces’ and’’; and 

(ii) by redesignating subparagraphs (A) through 

(E) as paragraphs (1) through (5), respectively, and realigning the left margin of such paragraphs, as so redesignated, two ems to the left; and 

(C) in subsection (d)(2), by striking ‘‘, United States 

Code’’. 

(5) AMENDMENTS FOR CONSISTENCY WITH TITLE 10 USAGE

AS TO SERVICE CHIEFS.—Such section is further amended— 

(A) in subsection (a)— 

(i) in paragraph (6), by striking ‘‘Chiefs of the 

Services’’ and inserting ‘‘Members of the Joint Chiefs of 

Staff in addition to the Chairman and Vice Chairman’’; 

(ii) by striking paragraph (7); and 

(iii) by redesignating paragraph (8) as paragraph 

(7); and 


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(B) in subsection (b)(1), by striking ‘‘through (8)’’ and 

inserting ‘‘through (7)’’. 

(6) AMENDMENTS FOR CONSISTENCY WITH TITLE 10 USAGE

AS TO ‘‘MILITARY MEMBER’’.—Subsection (b)(2)(A) of such section 

is amended— 

(A) by striking ‘‘, military member,’’; and 

(B) by inserting after ‘‘of the Department of Defense’’ 

the following: ‘‘or member of the armed forces’’. 

SEC. 953. MODIFICATIONS TO REQUIREMENTS FOR ACCOUNTING FOR 

MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF 

DEFENSE CIVILIAN EMPLOYEES LISTED AS MISSING. 

(a) LIMITATION OF DEFENSE POW/MIA ACCOUNTING AGENCY

TO MISSING PERSONS FROM PAST CONFLICTS.—Section 1501(a) of 

title 10, United States Code, is amended— 

(1) in paragraph (1)(A), by inserting ‘‘from past conflicts’’ 

after ‘‘matters relating to missing persons’’; 

(2) in paragraph (2)— 

(A) by striking subparagraph (A); 

(B) by redesignating subparagraphs (B), (C), (D), (E), 

and (F) as subparagraphs (A), (B), (C), (D), and (E), respectively; and 

(C) by inserting ‘‘from past conflicts’’ after ‘‘missing 

persons’’ each place it appears; 

(3) in paragraph (4)— 

(A) by striking ‘‘for personal recovery (including search, 

rescue, escape, and evasion) and’’; and 

(B) by inserting ‘‘from past conflicts’’ after ‘‘missing 

persons’’; and 

(4) by striking paragraph (5). 

(b) ACTION UPON DISCOVERY OR RECEIPT OF INFORMATION.— 

Section 1505(c) of such title is amended by striking ‘‘designated 

Agency Director’’ in paragraphs (1), (2), and (3) and inserting ‘‘Secretary of Defense’’. 

(c) DEFINITION OF ‘‘ACCOUNTED FOR’’.—Section 1513(3)(B) of 

such title is amended by inserting ‘‘to the extent practicable’’ after 

‘‘are recovered’’. 

SEC. 954. MODIFICATIONS TO CORROSION REPORT. 

(a) MODIFICATIONS TO REPORT TO CONGRESS.—Section 

2228(e)(1) of title 10, United States Code, is amended— 

(1) in the matter preceding subparagraph (A), by inserting 

after ‘‘2009’’ the following: ‘‘and ending with the budget for fiscal year 2022’’; 

(2) by amending subparagraph (B) to read as follows: 

‘‘(B) The estimated composite return on investment achieved 

by implementing the strategy, and documented in the assessments by the Department of Defense of completed corrosion 

projects and activities.’’; 

(3) by amending subparagraph (D) to read as follows: 

‘‘(D) If the full amount of funding requirements is not requested in the budget, the reasons for not including the full 

amount and a description of the impact on readiness, logistics, 

and safety of not fully funding required corrosion prevention 

and mitigation activities.’’; and 

(4) in subparagraph (F), by striking ‘‘pilot’’. 


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(b) REPORT TO DIRECTOR OF CORROSION POLICY AND OVER- SIGHT.—Section 2228(e)(2) of such title is amended— 

(1) by inserting ‘‘(A)’’ before ‘‘Each report’’; 

(2) by striking ‘‘a copy of’’ and all that follows through the 

period and inserting ‘‘a summary of the most recent report required by subparagraph (B).’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(B) Not later than December 31 of each year, through December 31, 2020, the corrosion control and prevention executive of a 

military department shall submit to the Director of Corrosion Policy 

and Oversight a report containing recommendations pertaining to 

the corrosion control and prevention program of the military department. Such report shall include recommendations for the funding 

levels necessary for the executive to carry out the duties of the executive under this section. The report required under this subparagraph shall— 

‘‘(i) provide a summary of key accomplishments, goals, and 

objectives of the corrosion control and prevention program of the 

military department; and 

‘‘(ii) include the performance measures used to ensure that 

the corrosion control and prevention program achieved the 

goals and objectives described in clause (i).’’. 

(c) CONFORMING REPEAL.—Section 903(b) of the Duncan Hunter 

National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 

2228 note) is amended by striking paragraph (5). 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Report on auditable financial statements. 

Sec. 1003. Increased use of commercial data integration and analysis products for 

the purpose of preparing financial statement audits. 

Sec. 1004. Sense of Congress on sequestration. 

Sec. 1005. Requirement to transfer funds from Department of Defense Acquisition 

Workforce Development Fund to the Treasury. 

Subtitle B—Counterdrug Activities 

Sec. 1011. Codification and modification of authority to provide support for 

counterdrug activities and activities to counter transnational organized 

crime of civilian law enforcement agencies. 

Sec. 1012. Secretary of Defense review of curricula and program structures of National Guard counterdrug schools. 

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

Sec. 1014. Enhancement of information sharing and coordination of military training between Department of Homeland Security and Department of Defense. 

Subtitle C—Naval Vessels and Shipyards 

Sec. 1021. Definition of short-term work with respect to overhaul, repair, or maintenance of naval vessels. 

Sec. 1022. Warranty requirements for shipbuilding contracts. 

Sec. 1023. National Sea-Based Deterrence Fund. 

Sec. 1024. Availability of funds for retirement or inactivation of Ticonderoga-class 

cruisers or dock landing ships. 

Subtitle D—Counterterrorism 

Sec. 1031. Frequency of counterterrorism operations briefings. 

Sec. 1032. Prohibition on use of funds for transfer or release of individuals detained 

at United States Naval Station, Guantanamo Bay, Cub, to the United 

States. 


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Sec. 1033. 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. 1034. Prohibition on use of funds for transfer or release to certain countries of 

individuals detained at United States Naval Station, Guantanamo Bay, 

Cuba. 

Sec. 1035. Prohibition on use of funds for realignment of forces at or closure of 

United States Naval Station, Guantanamo Bay, Cuba. 

Sec. 1036. Congressional notification requirements for sensitive military operations. 

Subtitle E—Miscellaneous Authorities and Limitations 

Sec. 1041. Expanded authority for transportation by the Department of Defense of 

non-Department of Defense personnel and cargo. 

Sec. 1042. Reduction in minimum number of Navy carrier air wings and carrier air 

wing headquarters required to be maintained. 

Sec. 1043. Modification to support for non-Federal development and testing of material for chemical agent defense. 

Sec. 1044. Protection of certain Federal spectrum operations. 

Sec. 1045. Prohibition on use of funds for retirement of legacy maritime mine countermeasures platforms. 

Sec. 1046. Extension of authority of Secretary of Transportation to issue non-premium aviation insurance. 

Sec. 1047. Evaluation of Navy alternate combination cover and unisex combination 

cover. 

Sec. 1048. Independent evaluation of Department of Defense excess property program. 

Sec. 1049. Waiver of certain polygraph examination requirements. 

Sec. 1050. Use of Transportation Worker Identification Credential to gain access at 

Department of Defense installations. 

Sec. 1051. Limitation on availability of funds for destruction of certain landmines 

and briefing on development of replacement anti-personnel landmine 

munitions. 

Sec. 1052. Transition of Air Force to operation of remotely piloted aircraft by enlisted personnel. 

Sec. 1053. Prohibition on divestment of Marine Corps Search and Rescue Units. 

Sec. 1054. Support for the Associate Director of the Central Intelligence Agency for 

Military Affairs. 

Sec. 1055. Notification on the provision of defense sensitive support. 

Sec. 1056. Prohibition on enforcement of military commission rulings preventing 

members of the Armed Forces from carrying out otherwise lawful duties 

based on member sex. 

Subtitle F—Studies and Reports 

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

Sec. 1062. Reports on programs managed under alternative compensatory control 

measures in the Department of Defense. 

Sec. 1063. Matters for inclusion in report on designation of countries for which rewards may be paid under Department of Defense rewards program. 

Sec. 1064. Annual reports on unfunded priorities of the Armed Forces and the combatant commands and annual report on combatant command requirements. 

Sec. 1065. Management and reviews of electromagnetic spectrum. 

Sec. 1066. Requirement for notice and reporting to Committees on Armed Services 

on certain expenditures of funds by Defense Intelligence Agency. 

Sec. 1067. Congressional notification of biological select agent and toxin theft, loss, 

or release involving the Department of Defense. 

Sec. 1068. Report on service-provided support and enabling capabilities to United 

States special operations forces. 

Sec. 1069. Report on citizen security responsibilities in the Northern Triangle of 

Central America. 

Sec. 1070. Report on counterproliferation activities and programs. 

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

Sec. 1072. Quarterly reports on parachute jumps conducted at Fort Bragg and Pope 

Army Airfield and Air Force support for such jumps. 

Sec. 1073. Study on military helicopter noise. 


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Sec. 1074. Independent review of United States military strategy and force posture 

in the United States Pacific Command area of responsibility. 

Sec. 1075. Assessment of the joint ground forces of the Armed Forces. 

Subtitle G—Other Matters 

Sec. 1081. Technical and clerical amendments. 

Sec. 1082. Increase in maximum amount available for equipment, services, and supplies provided for humanitarian demining assistance. 

Sec. 1083. Liquidation of unpaid credits accrued as a result of transactions under 

a cross-servicing agreement. 

Sec. 1084. Modification of requirements relating to management of military technicians. 

Sec. 1085. Streamlining of the National Security Council. 

Sec. 1086. National biodefense strategy. 

Sec. 1087. Global Cultural Knowledge Network. 

Sec. 1088. Sense of Congress regarding Connecticut’s Submarine Century. 

Sec. 1089. Sense of Congress regarding the reporting of the MV–22 mishap in 

Marana, Arizona, on April 8, 2000. 

Sec. 1090. Cost of Wars. 

Sec. 1091. Reconnaissance Strike Group matters. 

Sec. 1092. Border security metrics. 

Sec. 1093. Program to commemorate the 100th anniversary of the Tomb of the Unknown Soldier. 

Sec. 1094. Sense of Congress regarding the OCONUS basing of the KC–46A aircraft. 

Sec. 1095. Designation of a Department of Defense Strategic Arctic Port. 

Sec. 1096. Recovery of excess rifles, ammunition, and parts granted to foreign countries and transfer to certain persons. 

Subtitle A—Financial Matters 

SEC. 1001. GENERAL TRANSFER AUTHORITY. 

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

(1) AUTHORITY.—Upon determination by the Secretary of 

Defense that such action is necessary in the national interest, 

the Secretary may transfer amounts of authorizations made 

available to the Department of Defense in this division for fiscal 

year 2017 between any such authorizations for that fiscal year 

(or any subdivisions thereof). Amounts of authorizations so 

transferred shall be merged with and be available for the same 

purposes as the authorization to which transferred. 

(2) LIMITATION.—Except as provided in paragraph (3), the 

total amount of authorizations that the Secretary may transfer 

under the authority of this section may not exceed 

$4,500,000,000. 

(3) EXCEPTION FOR TRANSFERS BETWEEN MILITARY PERSONNEL AUTHORIZATIONS.—A transfer of funds between military 

personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2). 

(b) LIMITATIONS.—The authority provided by subsection (a) to 

transfer authorizations— 

(1) may only be used to provide authority for items that 

have a higher priority than the items from which authority is 

transferred; and 

(2) may not be used to provide authority for an item that 

has been denied authorization by Congress. 

(c) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer made 

from one account to another under the authority of this section shall 

be deemed to increase the amount authorized for the account to 

which the amount is transferred by an amount equal to the amount 

transferred. 


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(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify 

Congress of each transfer made under subsection (a). 

SEC. 1002. REPORT ON AUDITABLE FINANCIAL STATEMENTS. 

Not later than 90 days after the date of the enactment of this 

Act, the Secretary of Defense shall submit to the congressional defense committees a report ranking all military departments and Defense Agencies in order of how advanced they are in achieving 

auditable financial statements as required by law. The report 

should not include information otherwise available in other reports 

to Congress. 

SEC. 1003. INCREASED USE OF COMMERCIAL DATA INTEGRATION AND 

ANALYSIS PRODUCTS FOR THE PURPOSE OF PREPARING 

FINANCIAL STATEMENT AUDITS. 

(a) DEPLOYMENT OF DATA ANALYTICS CAPABILITIES.—The Secretary of Defense shall use competitive procedures under chapter 

137 of title 10, United States Code, to procure or develop, as soon 

as practicable, technologies or services, including those based on 

commercially available information technologies and services to improve data collection and analyses to support preparation of 

auditable financial statements for the Department of Defense. 

(b) USE OF FUNDING AND RESOURCES.—The Secretary of Defense may use science and technology funding, prototypes, and test 

and evaluation resources as appropriate in support of this deployment. 

(c) REPORT ON PERFORMANCE.—Not later than 180 days after 

the date of the enactment of this Act, the Secretary of Defense, in 

consultation with the Chief Financial Officer and the Chief Management Officer of the Department of Defense, shall submit to the 

congressional defense committees a report on the capabilities procured pursuant to subsection (a), including the results of using such 

capabilities in connection with auditing a financial statement of the 

Department of Defense. 

SEC. 1004. SENSE OF CONGRESS ON SEQUESTRATION. 

It is the sense of the Congress that— 

(1) the fiscal challenges of the Federal Government are a 

top priority for Congress, and sequestration—non-strategic, 

across-the-board budget cuts—remains an unreasonable and inadequate budgeting tool to address the deficits and debt of the 

Federal Government; 

(2) budget caps imposed by the Budget Control Act of 2011 

(Public Law 112–25) impose unacceptable limitations on the 

budget and increase risk to the national security of the United 

States; and 

(3) the budget caps imposed by the Budget Control Act of 

2011 must be modified or eliminated through a bipartisan legislative agreement. 

SEC. 1005. REQUIREMENT TO TRANSFER FUNDS FROM DEPARTMENT 

OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT 

FUND TO THE TREASURY. 

(a) TRANSFER REQUIRED.—During fiscal year 2017, the Secretary of Defense shall transfer, from amounts available in the Department of Defense Acquisition Workforce Development Fund from 

amounts credited to the Fund pursuant to section 1705(d)(2) of title 


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10, United States Code, $475,000,000 to the Secretary of the Treasury for deposit in the general fund of the Treasury. 

(b) ADDITIONAL AUTHORITY.—The transfer authority provided 

by this section is in addition to any other transfer authority contained in this Act. 

Subtitle B—Counterdrug Activities 

SEC. 1011. CODIFICATION AND MODIFICATION OF AUTHORITY TO PROVIDE SUPPORT FOR COUNTERDRUG ACTIVITIES AND ACTIVITIES TO COUNTER TRANSNATIONAL ORGANIZED 

CRIME OF CIVILIAN LAW ENFORCEMENT AGENCIES. 

(a) CODIFICATION AND MODIFICATION.— 

(1) IN GENERAL.—Chapter 18 of title 10, United States 

Code, is amended by adding at the end the following new section: 

‘‘§ 384. Support for counterdrug activities and activities to 

counter transnational organized crime 

‘‘(a) SUPPORT TO OTHER AGENCIES.—The Secretary of Defense 

may provide support for the counterdrug activities or activities to 

counter transnational organized crime of any other department or 

agency of the Federal Government or of any State, local, tribal, or 

foreign law enforcement agency for any of the purposes set forth in 

subsection (b) or (c), as applicable, if— 

‘‘(1) in the case of support described in subsection (b), such 

support is requested— 

‘‘(A) by the official who has responsibility for the 

counterdrug activities or activities to counter transnational 

organized crime of the department or agency of the Federal 

Government, in the case of support for other departments or 

agencies of the Federal Government; or 

‘‘(B) by the appropriate official of a State, local, or tribal government, in the case of support for State, local, or 

tribal law enforcement agencies; or 

‘‘(2) in the case of support described in subsection (c), such 

support is requested by an appropriate official of a department 

or agency of the Federal Government, in coordination with the 

Secretary of State, that has counterdrug responsibilities or responsibilities for countering transnational organized crime. 

‘‘(b) TYPES OF SUPPORT FOR AGENCIES OF UNITED STATES.— 

The purposes for which the Secretary may provide support under 

subsection (a) for other departments or agencies of the Federal Government or a State, local, or tribal law enforcement agencies, are the 

following: 

‘‘(1) The maintenance and repair of equipment that has 

been made available to any department or agency of the Federal 

Government or to any State, local, or tribal government by the 

Department of Defense for the purposes of— 

‘‘(A) preserving the potential future utility of such 

equipment for the Department of Defense; and 

‘‘(B) upgrading such equipment to ensure compatibility 

of that equipment with other equipment used by the Department. 


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‘‘(2) The maintenance, repair, or upgrading of equipment 

(including computer software), other than equipment referred to 

in paragraph (1) for the purpose of— 

‘‘(A) ensuring that the equipment being maintained or 

repaired is compatible with equipment used by the Department of Defense; and 

‘‘(B) upgrading such equipment to ensure the compatibility of that equipment with equipment used by the Department. 

‘‘(3) The transportation of personnel of the United States 

and foreign countries (including per diem expenses associated 

with such transportation), and the transportation of supplies 

and equipment, for the purpose of facilitating counterdrug activities or activities to counter transnational organized crime 

within or outside the United States. 

‘‘(4) The establishment (including an unspecified minor 

military construction project) and operation of bases of operations or training facilities for the purpose of facilitating 

counterdrug activities or activities to counter transnational organized crime of the Department of Defense or any Federal, 

State, local, or tribal law enforcement agency within or outside 

the United States. 

‘‘(5) Counterdrug or counter-transnational organized crime 

related training of law enforcement personnel of the Federal 

Government, of State, local, and tribal governments, including 

associated support expenses for trainees and the provision of 

materials necessary to carry out such training. 

‘‘(6) The detection, monitoring, and communication of the 

movement of— 

‘‘(A) air and sea traffic within 25 miles of and outside 

the geographic boundaries of the United States; and 

‘‘(B) surface traffic outside the geographic boundary of 

the United States and within the United States not to exceed 25 miles of the boundary if the initial detection occurred outside of the boundary. 

‘‘(7) Construction of roads and fences and installation of 

lighting to block drug smuggling corridors across international 

boundaries of the United States. 

‘‘(8) Establishment of command, control, communications, 

and computer networks for improved integration of law enforcement, active military, and National Guard activities. 

‘‘(9) The provision of linguist and intelligence analysis services. 

‘‘(10) Aerial and ground reconnaissance. 

‘‘(c) TYPES OF SUPPORT FOR FOREIGN LAW ENFORCEMENT

AGENCIES.— 

‘‘(1) PURPOSES.—The purposes for which the Secretary may 

provide support under subsection (a) for foreign law enforcement agencies are the following: 

‘‘(A) The transportation of personnel of the United 

States and foreign countries (including per diem expenses 

associated with such transportation), and the transportation of supplies and equipment, for the purpose of facilitating counterdrug activities or activities to counter 


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transnational organized crime within or outside the United 

States. 

‘‘(B) The establishment (including small scale construction) and operation of bases of operations or training facilities for the purpose of facilitating counterdrug activities or 

activities to counter transnational organized crime of a foreign law enforcement agency outside the United States. 

‘‘(C) The detection, monitoring, and communication of 

the movement of— 

‘‘(i) air and sea traffic within 25 miles of and outside the geographic boundaries of the United States; 

and 

‘‘(ii) surface traffic outside the geographic boundaries of the United States. 

‘‘(D) Establishment of command, control, communications, and computer networks for improved integration of 

United States Federal and foreign law enforcement entities 

and United States Armed Forces. 

‘‘(E) The provision of linguist and intelligence analysis 

services. 

‘‘(F) Aerial and ground reconnaissance. 

‘‘(2) COORDINATION WITH SECRETARY OF STATE.—In providing support for a purpose described in this subsection, the 

Secretary shall coordinate with the Secretary of State. 

‘‘(d) CONTRACT AUTHORITY.—In carrying out subsection (a), the 

Secretary may acquire services or equipment by contract for support 

provided under that subsection if the Department of Defense would 

normally acquire such services or equipment by contract for the purpose of conducting a similar activity for the Department. 

‘‘(e) LIMITED WAIVER OF PROHIBITION.—Notwithstanding section 376 of this title, the Secretary may provide support pursuant 

to subsection (a) in any case in which the Secretary determines that 

the provision of such support would adversely affect the military 

preparedness of the United States in the short term if the Secretary 

determines that the importance of providing such support outweighs 

such short-term adverse effect. 

‘‘(f) CONDUCT OF TRAINING OR OPERATION TO AID CIVILIAN

AGENCIES.—In providing support pursuant to subsection (a), the 

Secretary may plan and execute otherwise valid military training or 

operations (including training exercises undertaken pursuant to section 1206(a) of the National Defense Authorization Act for Fiscal 

Years 1990 and 1991 (Public Law 101–189; 103 Stat. 1564) for the 

purpose of aiding civilian law enforcement agencies. 

‘‘(g) RELATIONSHIP TO OTHER SUPPORT AUTHORITIES.— 

‘‘(1) ADDITIONAL AUTHORITY.—The authority provided in 

this section for the support of counterdrug activities or activities 

to counter transnational organized crime by the Department of 

Defense is in addition to, and except as provided in paragraph 

(2), not subject to the other requirements of this chapter. 

‘‘(2) EXCEPTION.—Support under this section shall be subject to the provisions of section 375 and, except as provided in 

subsection (e), section 376 of this title. 

‘‘(h) CONGRESSIONAL NOTIFICATION.— 

‘‘(1) IN GENERAL.—Not less than 15 days before providing 

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fense shall submit to the appropriate committees of Congress a 

written and electronic notice of the following: 

‘‘(A) In the case of support for a purpose described in 

subsection (c)— 

‘‘(i) the country the capacity of which will be built 

or enabled through the provision of such support; 

‘‘(ii) the budget, implementation timeline with 

milestones, anticipated delivery schedule for support, 

and completion date for the purpose or project for 

which support is provided; 

‘‘(iii) the source and planned expenditure of funds 

provided for the project or purpose; 

‘‘(iv) a description of the arrangements, if any, for 

the sustainment of the project or purpose and the 

source of funds to support sustainment of the capabilities and performance outcomes achieved using such 

support, if applicable; 

‘‘(v) a description of the objectives for the project or 

purpose and evaluation framework to be used to develop capability and performance metrics associated 

with operational outcomes for the recipient; 

‘‘(vi) information, including the amount, type, and 

purpose, about the support provided the country during 

the three fiscal years preceding the fiscal year for 

which the support covered by the notice is provided 

under this section under— 

‘‘(I) this section; 

‘‘(II) section 23 of the Arms Export Control Act 

(22 U.S.C. 2763); 

‘‘(III) peacekeeping operations; 

‘‘(IV) the International Narcotics Control and 

Law Enforcement program under section 481 of 

the Foreign Assistance Act of 1961 (22 U.S.C. 

2291); 

‘‘(V) Nonproliferation, Anti-Terrorism, 

Demining, and Related Programs; 

‘‘(VI) counterdrug activities authorized by section 1004 of the National Defense Authorization 

Act for Fiscal Year 1991 (10 U.S.C. 374 note) and 

section 1033 of the National Defense Authorization 

Act for Fiscal Year 1998 (Public Law 105–85); or 

‘‘(VII) any other significant program, account, 

or activity for the provision of security assistance 

that the Secretary of Defense and the Secretary of 

State consider appropriate; 

‘‘(vii) an evaluation of the capacity of the recipient 

country to absorb the support provided; and 

‘‘(viii) an evaluation of the manner in which the 

project or purpose for which the support is provided 

fits into the theater security cooperation strategy of the 

applicable geographic combatant command. 

‘‘(B) In the case of support for a purpose described in 

subsection (b) or (c), a description of any small scale construction project for which support is provided. 


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‘‘(2) COORDINATION WITH SECRETARY OF STATE.—In providing notice under this subsection for a purpose described in 

subsection (c), the Secretary of Defense shall coordinate with the 

Secretary of State. 

‘‘(i) DEFINITIONS.—In this section: 

‘‘(1) The term ‘appropriate committees of Congress’ means— 

‘‘(A) the Committee on Armed Services, the Committee 

on Appropriations, and the Committee on Foreign Affairs of 

the House of Representatives; and 

‘‘(B) the Committee on Armed Services, the Committee 

on Appropriations, and the Committee on Foreign Relations 

of the Senate. 

‘‘(2) The term ‘Indian tribe’ means a Federally recognized 

Indian tribe. 

‘‘(3) The term ‘small scale construction’ means construction 

at a cost not to exceed $750,000 for any project. 

‘‘(4) The term ‘tribal government’ means the governing body 

of an Indian tribe, the status of whose land is ‘Indian country’ 

as defined in section 1151 of title 18 or held in trust by the 

United States for the benefit of the Indian tribe. 

‘‘(5) The term ‘tribal law enforcement agency’ means the 

law enforcement agency of a tribal government. 

‘‘(6) The term ‘transnational organized crime’ means selfperpetuating associations of individuals who operate 

transnationally for the purpose of obtaining power, influence, 

monetary, or commercial gains, wholly or in part by illegal 

means, while protecting their activities through a pattern of corruption or violence or through a transnational organization 

structure and the exploitation of transnational commerce or 

communication mechanisms.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 18 of such title is amended by adding at the 

end the following new item: 

‘‘384. Support for counterdrug activities and activities to counter transnational organized crime.’’. 

(b) REPEAL OF SUPERSEDED AUTHORITY.—Section 1004 of the 

National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 

374 note) is repealed. 

SEC. 1012. SECRETARY OF DEFENSE REVIEW OF CURRICULA AND PROGRAM STRUCTURES OF NATIONAL GUARD COUNTERDRUG 

SCHOOLS. 

(a) IN GENERAL.—Section 901 of the Office of National Drug 

Control Policy Reauthorization Act of 2006 (Public Law 109–469; 32 

U.S.C. 112 note) is amended— 

(1) by redesignating subsections (e) through (g) as subsections (f) through (h), respectively; and 

(2) by inserting after subsection (d) the following new subsection (e): 

‘‘(e) CURRICULUM REVIEW.—The Secretary of Defense shall review the curriculum and program structure of each school established under this section.’’. 

(b) TECHNICAL AMENDMENT.—Subsection (d)(1) of such section 

is amended by striking ‘‘section 112(b) of that title 32’’ and inserting 

‘‘section 112(b) of title 32’’. 


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SEC. 1013. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED 

COUNTERDRUG AND COUNTERTERRORISM CAMPAIGN IN 

COLOMBIA. 

Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 

2042), as most recently amended by section 1011 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 

129 Stat. 962), is further amended— 

(1) in subsection (a)(1), by striking ‘‘2017’’ and inserting 

‘‘2019’’; and 

(2) in subsection (c), by striking ‘‘2017’’ and inserting 

‘‘2019’’. 

SEC. 1014. ENHANCEMENT OF INFORMATION SHARING AND COORDINATION OF MILITARY TRAINING BETWEEN DEPARTMENT 

OF HOMELAND SECURITY AND DEPARTMENT OF DEFENSE. 

(a) IN GENERAL.—The Secretary of Homeland Security shall ensure that the information needs of the Department of Homeland Security relating to civilian law enforcement activities in proximity to 

the international borders of the United States are identified and 

communicated to the Secretary of Defense for the purposes of the 

planning and executing of military training by the Department of 

Defense. 

(b) FORMAL MECHANISM OF NOTIFICATION.— 

(1) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Homeland Security, 

in coordination with the Secretary of Defense, shall establish a 

formal mechanism through which the information needs of the 

Department of Homeland Security relating to civilian law enforcement activities in proximity to the international borders of 

the United States are identified and communicated to the Secretary of Defense for the purposes of the planning and executing 

military training by the Department of Defense. 

(2) DISSEMINATION TO THE ARMED FORCES.—To the extent 

practicable, the Secretary of Defense shall ensure that such information needs are disseminated to the Armed Forces in a 

timely manner so the Armed Forces may take into account the 

information needs of civilian law enforcement when planning 

and executing training in accordance with section 371 of title 

10, United States Code. 

(3) COORDINATION OF TRAINING.—To the maximum extent 

practicable, the Secretary of Defense shall ensure that the planning and execution of training described in paragraph (2) is coordinated with the Department of Homeland Security. 

(c) SHARING OF CERTAIN INFORMATION.—Not later than 180 

days after the date of the enactment of this Act, the Secretary of 

Homeland Security and the Secretary of Defense shall jointly formulate guidance to ensure that the information relevant to civilian law 

enforcement matters that is collected by the Armed Forces during 

the normal course of military training or operations in proximity to 

the international borders of the United States is provided promptly 

to relevant officials in accordance with section 371 of title 10, 

United States Code. 

(d) ANNUAL REPORTS.— 

(1) DEPARTMENT OF DEFENSE REPORT.— 


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(A) IN GENERAL.—Not later than March 31 of each 

year, the Secretary of Defense shall submit to the congressional defense committees, the Committee on Homeland Security of the House of Representatives, and the Committee 

on Homeland Security and Governmental Affairs of the 

Senate a report on any assistance provided by the Department of Defense to the border security mission of the Department of Homeland Security at the international borders of the United States during the fiscal year preceding 

the fiscal year during which the report is submitted. 

(B) ELEMENTS.—Each report submitted under subparagraph (A) shall include each of the following: 

(i) A description of the military training and operational activities of each military component leveraged, 

pursuant to section 371 of title 10, United States Code, 

to support the border security mission of the Department of Homeland Security at the southern border of 

the United States. 

(ii) For each activity described in clause (i), each 

of the following, identified by component: 

(I) The Department of Homeland Security information need that was supported. 

(II) The military training or operational activity leveraged to provide support. 

(III) The duration of the support. 

(IV) The cost of the support. 

(iii) A description of any Department of Defense activities provided in response to a request for assistance 

from the Department of Homeland Security. 

(iv) For each activity described in clause (iii)— 

(I) The stated rationale of the Department of 

Homeland Security for requesting assistance from 

the Department of Defense. 

(II) The capability provided by the Department 

of Defense. 

(III) The duration of the assistance provided 

by the capability. 

(IV) The statutory authority under which the 

assistance was provided. 

(V) The cost of the assistance provided. 

(VI) Whether the Department of Defense was 

reimbursed by the Department of Homeland Security for the assistance provided. 

(VII) In the case of assistance for which the 

Department of Defense was not reimbursed, the 

justification for non-reimbursement. 

(v) A description of any Department of Defense excess property provided to U. S. Customs and Border 

Protection. 

(vi) The status of the implementation of this section. 

(vii) A description of any other activity the Secretary of Defense determines relevant. 

(2) DEPARTMENT OF HOMELAND SECURITY REPORT.—Not 

later than March 31 of each year, the Secretary of Homeland 


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Security shall submit to the congressional defense committees, 

the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report on— 

(A) any activities of the Department of Homeland Security to reduce, mitigate, or eliminate the demand for Department of Defense support at the international borders of 

the United States; and 

(B) the status of implementation of this section. 

(3) TERMINATION.—The requirement to submit a report 

under paragraph (1) or (2) shall terminate on January 31, 

2020. 

Subtitle C—Naval Vessels and Shipyards 

SEC. 1021. DEFINITION OF SHORT-TERM WORK WITH RESPECT TO 

OVERHAUL, REPAIR, OR MAINTENANCE OF NAVAL VESSELS. 

Section 7299a(c)(4) of title 10, United States Code, is amended 

by striking ‘‘six months’’ and inserting ‘‘10 months’’. 

SEC. 1022. WARRANTY REQUIREMENTS FOR SHIPBUILDING CONTRACTS. 

(a) WARRANTY REQUIREMENTS.— 

(1) IN GENERAL.—Chapter 633 of title 10, United States 

Code, is amended by adding at the end the following new section: 

‘‘§ 7318. Warranty requirements for shipbuilding contracts 

‘‘(a) REQUIREMENT.—A contracting officer for a contract for new 

construction for which funds are expended from the Shipbuilding 

and Conversion, Navy account shall require, as a condition of the 

contract, that the work performed under the contract is covered by 

a warranty for a period of at least one year. 

‘‘(b) WAIVER.—If the contracting officer for a contract covered by 

the requirement under subsection (a) determines that a limited liability of warranted work is in the best interest of the Government, 

the contracting officer may agree to limit the liability of the work 

performed under the contract to a level that the contracting officer 

determines is sufficient to protect the interests of the Government 

and in keeping with historical levels of warranted work on similar 

vessels.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the 

following new item: 

‘‘7318. Warranty requirements for shipbuilding contracts.’’. 

(b) EFFECTIVE DATE.—Section 7318 of title 10, United States 

Code, as added by subsection (a), shall take effect on the later of the 

following dates: 

(1) The date of the enactment of the National Defense Authorization for Fiscal Year 2018. 

(2) September 30, 2017. 

SEC. 1023. NATIONAL SEA-BASED DETERRENCE FUND. 

(a) AUTHORITY FOR MULTIYEAR PROCUREMENT OF CRITICAL

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MON MISSILE COMPARTMENT.—Section 2218a of title 10, United 

States Code, is amended— 

(1) by redesignating subsections (i) and (j) as subsections (j) 

and (k), respectively; and 

(2) by inserting after subsection (h) the following new subsection (i): 

‘‘(i) AUTHORITY FOR MULTIYEAR PROCUREMENT OF CRITICAL

COMPONENTS TO SUPPORT CONTINUOUS PRODUCTION OF THE COMMON MISSILE COMPARTMENT.—(1) To implement the continuous 

production of the common missile compartment, the Secretary of the 

Navy may use funds deposited in the Fund, in conjunction with 

funds appropriated for the procurement of other nuclear-powered 

vessels, to enter into one or more multiyear contracts (including economic ordering quantity contracts), for the procurement of critical 

contractor-furnished and Government-furnished components for the 

common missile compartments of national sea-based deterrence vessels. The authority under this subsection extends to the procurement 

of equivalent critical parts, components, systems, and subsystems 

common with and required for other nuclear-powered vessels. 

‘‘(2) In each annual budget request submitted to Congress, the 

Secretary shall clearly identify funds requested for the common missile compartment and the individual ships and programs for which 

such funds are requested. 

‘‘(3) Any contract entered into pursuant to paragraph (1) shall 

provide that any obligation of the United States to make a payment 

under the contract is subject to the availability of appropriations for 

that purpose and that the total liability to the Government for the 

termination of the contract shall be limited to the total amount of 

funding obligated for the contract as of the date of the termination.’’. 

(b) DEFINITION OF NATIONAL SEA-BASED DETERRENCE VESSEL.—Subsection (k)(2) of such section, as redesignated by subsection (b), is amended— 

(1) by striking ‘‘any vessel’’ and inserting ‘‘any submersible 

vessel constructed or purchased after fiscal year 2016 that is’’; 

and 

(2) by inserting ‘‘and’’ before ‘‘that carries’’. 

SEC. 1024. AVAILABILITY OF FUNDS FOR RETIREMENT OR INACTIVATION OF TICONDEROGA-CLASS CRUISERS OR DOCK LANDING SHIPS. 

None of the funds authorized to be appropriated by this Act or 

otherwise made available for the Department of Defense for fiscal 

year 2017 may be obligated or expended— 

(1) to retire, prepare to retire, or inactivate a cruiser or 

dock landing ship; or 

(2) to place more than six cruisers and one dock landing 

ship in the modernization program under section 1026(a)(2) of 

the Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113– 

291; 128 Stat. 3490). 


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Subtitle D—Counterterrorism 

SEC. 1031. FREQUENCY OF COUNTERTERRORISM OPERATIONS BRIEFINGS. 

(a) IN GENERAL.—Subsection (a) of section 485 of title 10, 

United States Code is amended by striking ‘‘quarterly’’ and inserting ‘‘monthly’’. 

(b) SECTION HEADING.—The section heading for such section is 

amended by striking ‘‘Quarterly’’ and inserting ‘‘Monthly’’. 

(c) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 23 of such title is amended by striking the item relating to section 485 and inserting the following new item: 

‘‘485. Monthly counterterrorism operations briefings.’’. 

SEC. 1032. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES 

NAVAL STATION, GUANTANAMO BAY, CUB, TO THE UNITED 

STATES. 

No amounts authorized to be appropriated or otherwise made 

available for the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending 

on December 31, 2017, to transfer, release, or assist in the transfer 

or release to or within the United States, its territories, or possessions of Khalid Sheikh Mohammed or any other detainee who— 

(1) is not a United States citizen or a member of the Armed 

Forces of the United States; and 

(2) is or was held on or after January 20, 2009, at United 

States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. 

SEC. 1033. 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. 

(a) IN GENERAL.—No amounts authorized to be appropriated or 

otherwise made available to the Department of Defense may be used 

during the period beginning on the date of the enactment of this Act 

and ending on December 31, 2017, to construct or modify any facility in the United States, its territories, or possessions to house any 

individual detained at Guantanamo for the purposes of detention or 

imprisonment in the custody or under the control of the Department 

of Defense unless authorized by Congress. 

(b) EXCEPTION.—The prohibition in subsection (a) shall not 

apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba. 

(c) INDIVIDUAL DETAINED AT GUANTANAMO DEFINED.—In this 

section, the term ‘‘individual detained at Guantanamo’’ has the 

meaning given that term in section 1034(f)(2) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 

129 Stat. 971; 10 U.S. C. 801 note). 

SEC. 1034. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE TO CERTAIN COUNTRIES OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA. 

No amounts authorized to be appropriated or otherwise made 

available for the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending 

on December 31, 2017, to transfer, release, or assist in the transfer 


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or release of any individual detained in the custody or under the 

control of the Department of Defense at United States Naval Station, Guantanamo Bay, Cuba, to the custody or control of any country, or any entity within such country, as follows: 

(1) Libya. 

(2) Somalia. 

(3) Syria. 

(4) Yemen. 

SEC. 1035. PROHIBITION ON USE OF FUNDS FOR REALIGNMENT OF 

FORCES AT OR CLOSURE OF UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA. 

No amounts authorized to be appropriated or otherwise made 

available for the Department of Defense for fiscal year 2017 may be 

used— 

(1) to close or abandon United States Naval Station, Guantanamo Bay, Cuba; 

(2) to relinquish control of Guantanamo Bay to the Republic of Cuba; or 

(3) to implement a material modification to the Treaty Between the United States of America and Cuba signed at Washington, D.C. on May 29, 1934, that constructively closes United 

States Naval Station, Guantanamo Bay. 

SEC. 1036. CONGRESSIONAL NOTIFICATION REQUIREMENTS FOR SENSITIVE MILITARY OPERATIONS. 

(a) TIMING OF NOTIFICATIONS.—Subsection (a) of section 130f of 

title 10, United States Code, is amended in the first sentence, by inserting ‘‘no later than 48 hours’’ before ‘‘following such operation’’. 

(b) PROCEDURES.—Subsection (b) of such section is amended— 

(1) In paragraph (1), by adding at the end the following 

new sentence: ‘‘The Secretary shall promptly notify the congressional defense committees in writing of any changes to such 

procedures at least 14 days prior to the adoption of any such 

changes’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(3) In the event of an unauthorized disclosure of a sensitive 

military operation covered by this section, the Secretary shall ensure, to the maximum extent practicable, that the congressional defense committees are notified immediately of the sensitive military 

operation concerned. The notification under this paragraph may be 

verbal or written, but in the event of a verbal notification a written 

notification shall be provided by not later than 48 hours after the 

provision of the verbal notification.’’. 

(c) BRIEFING REQUIREMENTS.—Such section is further amended— 

(1) in subsection (a), by striking the second sentence; and 

(2) in subsection (c), by inserting before the period at the 

end the following: ‘‘, including Department of Defense support 

to such operations conducted under the National Security Act 

of 1947 (50 U.S.C. 3001 et seq.)’’. 

(d) DEFINITION OF SENSITIVE MILITARY OPERATION.—Subsection (d) of such section is amended by striking ‘‘means’’ and all 

that follows and inserting ‘‘means the following:’’ 

‘‘(1) A lethal operation or capture operation— 

‘‘(A) conducted by the armed forces outside a declared 

theater of active armed conflict; or 


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‘‘(B) conducted by a foreign partner in coordination 

with the armed forces that targets a specific individual or 

individuals. 

‘‘(2) An operation conducted by the armed forces outside a 

declared theater of active armed conflict in self-defense or in defense of foreign partners, including during a cooperative operation.’’. 

(e) REPEAL OF EXCEPTION TO NOTIFICATION REQUIREMENT.— Such section is further amended— 

(1) by striking subsection (e); and 

(2) by redesignating subsection (f) as subsection (e). 

(f) CONFORMING AMENDMENTS.— 

(1) SECTION HEADING AMENDMENT.—The heading of such 

section is amended to read as follows: 

‘‘§ 130f. Notification requirements for sensitive military operations’’. 

(2) TABLE OF SECTIONS AMENDMENT.—The table of sections 

at the beginning of chapter 3 of such title is amended by striking the item relating to section 130f and inserting the following 

new item: 

‘‘130f. Notification requirements for sensitive military operations.’’. 

Subtitle E—Miscellaneous Authorities and Limitations 

SEC. 1041. EXPANDED AUTHORITY FOR TRANSPORTATION BY THE DEPARTMENT OF DEFENSE OF NON-DEPARTMENT OF DEFENSE PERSONNEL AND CARGO. 

(a) TRANSPORTATION OF ALLIED AND CIVILIAN PERSONNEL AND

CARGO.—Subsection (c) of section 2649 of title 10, United States 

Code, is amended— 

(1) in the subsection heading, by striking ‘‘PERSONNEL’’ and 

inserting ‘‘AND CIVILIAN PERSONNEL AND CARGO’’; 

(2) by striking ‘‘Until January 6, 2016, when’’ and inserting 

‘‘When’’; and 

(3) by striking ‘‘allied forces or civilians’’, and inserting ‘‘allied and civilian personnel and cargo’’. 

(b) COMMERCIAL INSURANCE.—Such section is further amended 

by adding at the end the following new subsection: 

‘‘(d) COMMERCIAL INSURANCE.—The Secretary may enter into a 

contract or other arrangement with one or more commercial providers to make insurance products available to non-Department of 

Defense shippers using the Defense Transportation System to insure 

against the loss or damage of the shipper’s cargo. Any such contract 

or arrangement shall provide that— 

‘‘(1) any insurance premium is collected by the commercial 

provider; 

‘‘(2) any claim for loss or damage is processed and paid by 

the commercial provider; 

‘‘(3) the commercial provider agrees to hold the United 

States harmless and waive any recourse against the United 

States for amounts paid to an insured as a result of a claim; 

and 

‘‘(4) the contract between the commercial provider and the 

insured shall contain a provision whereby the insured waives 

any claim against the United States for loss or damage that is 


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within the scope of enumerated risks covered by the insurance 

product.’’. 

(c) CONFORMING CROSS-REFERENCE AMENDMENTS.—Subsection 

(b) of such section is amended by striking ‘‘this section’’ both places 

it appears and inserting ‘‘subsection (a)’’. 

SEC. 1042. REDUCTION IN MINIMUM NUMBER OF NAVY CARRIER AIR 

WINGS AND CARRIER AIR WING HEADQUARTERS REQUIRED TO BE MAINTAINED. 

(a) CODIFICATION AND REDUCTION.—Section 5062 of title 10, 

United States Code, is amended by adding at the end the following 

new subsection: 

‘‘(e) The Secretary of the Navy shall ensure that— 

‘‘(1) the Navy maintains a minimum of 9 carrier air wings 

until the earlier of— 

‘‘(A) the date on which additional operationally 

deployable aircraft carriers can fully support a 10th carrier 

air wing; or 

‘‘(B) October 1, 2025; 

‘‘(2) after the earlier of the two dates referred to in subparagraphs (A) and (B) of paragraph (1), the Navy maintains a 

minimum of 10 carrier air wings; and 

‘‘(3) for each such carrier air wing, the Navy maintains a 

dedicated and fully staffed headquarters.’’. 

(b) REPEAL OF SUPERSEDED REQUIREMENT.—Section 1093 of 

the National Defense Authorization Act for Fiscal Year 2012 (Public 

Law 112–81; 125 Stat. 1606; 10 U.S.C. 5062 note) is repealed. 

SEC. 1043. MODIFICATION TO SUPPORT FOR NON-FEDERAL DEVELOPMENT AND TESTING OF MATERIAL FOR CHEMICAL AGENT 

DEFENSE. 

Section 1034 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181) is amended— 

(1) in subsection (d)— 

(A) by striking ‘‘report on the use of the authority under 

subsection (a)’’ and all that follows and inserting ‘‘report 

that includes—’’ 

‘‘(A) a description of— 

‘‘(i) each use of the authority under subsection (a); 

and 

‘‘(ii) for each such use, the specific material made 

available and to whom it was made available; and 

‘‘(B) a description of— 

‘‘(i) any instance in which the Department of Defense made available to a State, a unit of local government, or a private entity any biological select agent or 

toxin for the development or testing of any biodefense 

technology; and 

‘‘(ii) for each such instance, the specific material 

made available and to whom it was made available.’’; 

and 

(B) by adding at the end the following new paragraph: 

‘‘(3) The requirement to submit a report under paragraph 

(1) shall terminate on January 31, 2021.’’; and 

(2) in subsection (e), by striking ‘‘this section’’ and all that 

follows and inserting ‘‘this section:’’ 


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‘‘(1) The terms ‘precursor’, ‘protective purposes’, and ‘toxic 

chemical’ have the meanings given those terms in the convention referred to in subsection (c), in paragraph 2, paragraph 

9(b), and paragraph 1, respectively, of article II of that convention. 

‘‘(2) The term ‘biological select agent or toxin’ means any 

agent or toxin identified under any of the following: 

‘‘(A) Section 331.3 of title 7, Code of Federal Regulations. 

‘‘(B) Section 121.3 or section 121.4 of title 9, Code of 

Federal Regulations. 

‘‘(C) Section 73.3 or section 73.4 of title 42, Code of 

Federal Regulations.’’. 

SEC. 1044. PROTECTION OF CERTAIN FEDERAL SPECTRUM OPERATIONS. 

Section 1004 of the Bipartisan Budget Act of 2015 (Public Law 

114–74; 47 U.S.C. 921 note) is amended by adding at the end the 

following: 

‘‘(d) PROTECTION OF CERTAIN FEDERAL SPECTRUM OPER- ATIONS.—If the report required by subsection (a) determines that reallocation and auction of the spectrum described in the report would 

harm national security by impacting existing terrestrial Federal 

spectrum operations at the Nevada Test and Training Range, the 

Commission, in coordination with the Secretary shall, prior to the 

auction described in subsection (c)(1)(B), establish rules for licensees 

in such spectrum sufficient to mitigate harmful interference to such 

operations. 

‘‘(e) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to affect any requirement under section 1062(b) of the National Defense Authorization Act for Fiscal Year 2000 (47 U.S.C. 

921 note; Public Law 106–65).’’. 

SEC. 1045. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF LEGACY MARITIME MINE COUNTERMEASURES PLATFORMS. 

(a) PROHIBITIONS.—Except as provided under subsection (b), 

none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for the Navy may be obligated or expended to— 

(1) retire, prepare to retire, transfer, or place in storage any 

AVENGER-class mine countermeasures ship or associated 

equipment; 

(2) retire, prepare to retire, transfer, or place in storage any 

SEA DRAGON (MH–53) helicopter or associated equipment; 

(3) make any reductions to manning levels with respect to 

any AVENGER-class mine countermeasures ship; or 

(4) make any reductions to manning levels with respect to 

any SEA DRAGON (MH–53) helicopter squadron or detachment. 

(b) WAIVER.—The Secretary of the Navy may waive the limitations under subsection (a) if the Secretary certifies to the congressional defense committees that the Secretary has— 

(1) identified a replacement capability and the necessary 

quantity of such systems to meet all combatant commander 

mine countermeasures operational requirements that are currently being met by the AVENGER-class ships and SEA DRAGON helicopters to be retired, transferred, or placed in storage; 


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(2) achieved initial operational capability of all systems described in paragraph (1); and 

(3) deployed a sufficient quantity of systems described in 

paragraph (1) that have achieved initial operational capability 

to continue to meet or exceed all combatant commander mine 

countermeasures operational requirements currently being met 

by the AVENGER-class ships and SEA DRAGON helicopters. 

SEC. 1046. EXTENSION OF AUTHORITY OF SECRETARY OF TRANSPORTATION TO ISSUE NON-PREMIUM AVIATION INSURANCE. 

Section 44310(b) of title 49, United States Code, is amended by 

striking ‘‘December 31, 2018’’ and inserting ‘‘December 31, 2019’’. 

SEC. 1047. EVALUATION OF NAVY ALTERNATE COMBINATION COVER 

AND UNISEX COMBINATION COVER. 

(a) MANDATORY POSSESSION OR WEAR DATE.—The Secretary of 

the Navy shall change the mandatory possession or wear date of the 

alternate combination cover or the unisex combination cover from 

October 31, 2016, to October 31, 2018. 

(b) EVALUATION AND REPORT.—Not later than February 1, 

2017, the Secretary of the Navy shall submit to the Committees on 

Armed Services of the Senate and House of Representatives a report 

on the evaluation of the Navy female service dress uniforms based 

on surveying a representative group of female officer and enlisted 

service members. Such evaluation shall include each of the following: 

(1) An identification of the operational need addressed by 

the alternate combination cover or the unisex combination 

cover. 

(2) An assessment of the individual cost of service dress 

uniform items to members of the Armed Forces as a percentage 

of their monthly pay. 

(3) The composition of each uniform item’s wear test group. 

(4) An identification of the costs to the Navy and to individual members of the Armed Forces for uniform changes identified in the Navy administrative message 236/15 dated October 9, 2015. 

(5) The opinions of a representative group of female officer 

and enlisted service members of the Navy active and reserve 

components. 

(6) Any other rationale the Secretary determines appropriate. 

SEC. 1048. INDEPENDENT EVALUATION OF DEPARTMENT OF DEFENSE 

EXCESS PROPERTY PROGRAM. 

(a) IN GENERAL.—The Secretary of Defense shall enter into an 

agreement with a federally funded research and development center, 

or another appropriate independent entity, with relevant expertise to 

conduct an evaluation of the Department of Defense excess property 

program under section 2576a of title 10, United States Code. Not 

later than 180 days after the date of the enactment of this Act, the 

Secretary shall submit such evaluation to the congressional defense 

committees 

(b) ELEMENTS OF EVALUATION.—The evaluation required under 

paragraph (1) shall include each of the following: 

(1) A review of the current listing of ‘‘authorized’’, ‘‘controlled’’, and ‘‘prohibited’’ items as defined by Executive Order 


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13688 and by Department of Defense policy, guidance, and instruction, as well as why each item is currently assigned to each 

category. 

(2) A review of the preferences and any associated 

prioritization provided to Federal, State, and local law enforcement agency requests for excess equipment to be used in border 

security, counterdrug, and counterterrorism activities, pursuant 

to section 2576a(a)(1)(A) of title 10 United States Code, including the overall numbers and percentages of equipment provided 

and used under these preferential categories. 

(3) Whether the Department of Defense has bought a type 

of equipment and declared as excess the same type of equipment 

during the same year, and if so, how much such equipment. 

(4) The type of information being collected by State coordinators and the Defense Logistics Agency when a request for 

equipment is made, and whether or not that information is sufficient to demonstrate a need for the equipment requested by the 

law enforcement agency making the request. 

(5) The extent to which State coordinators and the Defense 

Logistics Agency deny requests for equipment and the reasons 

for such denials. 

(6) The extent to which law enforcement agencies have been 

suspended from participating in the program and the reasons 

for such suspensions. 

(7) Any other matters the Secretary determines appropriate. 

SEC. 1049. WAIVER OF CERTAIN POLYGRAPH EXAMINATION REQUIREMENTS. 

The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, may waive the 

polygraph examination requirement under section 3 of the Anti-Border Corruption Act of 2010 (Public Law 111–376) for any applicant 

who— 

(1) the Commissioner determines is suitable for employment; 

(2) holds a current, active Top Secret clearance and is able 

to access sensitive compartmented information; 

(3) has a current single scope background investigation; 

(4) was not granted any waivers to obtain the clearance; 

and 

(5) is a veteran (as such term is defined in section 2108 or 

2109a of title 5, United States Code). 

SEC. 1050. USE OF TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL TO GAIN ACCESS AT DEPARTMENT OF DEFENSE 

INSTALLATIONS. 

(a) ACCESS TO INSTALLATIONS FOR CREDENTIALED TRANSPORTATION WORKERS.—During the period that the Secretary is developing and fielding physical access standards, capabilities, processes, 

and electronic access control systems, the Secretary shall, to the 

maximum extent practicable, ensure that the Transportation Worker 

Identification Credential (TWIC) shall be accepted as a valid credential for unescorted access to Department of Defense installations 

by transportation workers. 

(b) CREDENTIALED TRANSPORTATION WORKERS WITH SECRET

CLEARANCE.—TWIC-carrying transportation workers who also have 

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fense shall be considered exempt from further vetting when seeking 

unescorted access at Department of Defense facilities. Access security 

personnel shall verify such person’s security clearance in a timely 

manner and provide them with unescorted access to complete their 

freight service. 

SEC. 1051. LIMITATION ON AVAILABILITY OF FUNDS FOR DESTRUCTION OF CERTAIN LANDMINES AND BRIEFING ON DEVELOPMENT OF REPLACEMENT ANTI-PERSONNEL LANDMINE 

MUNITIONS. 

(a) LIMITATION.—Except as provided in subsection (b), none of 

the funds authorized to be appropriated by this Act or otherwise 

made available for fiscal year 2017 for the Department of Defense 

may be obligated or expended for the destruction of anti-personnel 

landmine munitions before the date on which the Secretary of Defense submits the report required by section 1058(c) of the National 

Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 

129 Stat. 986). 

(b) EXCEPTION FOR SAFETY.—Subsection (a) shall not apply to 

any anti-personnel landmine munitions that the Secretary determines are unsafe or could pose a safety risk if not demilitarized or 

destroyed. 

(c) BRIEFING REQUIRED.— 

(1) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall provide 

to the congressional defense committees a briefing on the current state of research and development into operational alternatives to anti-personnel landmine munitions. 

(2) FORM OF BRIEFING.—The briefing required by paragraph (1) may contain classified information. 

(d) ANTI-PERSONNEL LANDMINE MUNITIONS DEFINED.—In this 

section, the term ‘‘anti-personnel landmine munitions’’ includes antipersonnel landmines and sub-munitions as defined by the Convention on the Prohibition of the Use, Stockpiling, Production and 

Transfer of Anti-Personnel Mines and on their Destruction, as determined by the Secretary. 

SEC. 1052. TRANSITION OF AIR FORCE TO OPERATION OF REMOTELY 

PILOTED AIRCRAFT BY ENLISTED PERSONNEL. 

(a) TRANSITION REQUIRED.—The Secretary of the Air Force 

shall transition the Air Force to an organizational model for all Air 

Force remotely piloted aircraft that uses a significant number of enlisted personnel as operators of such aircraft rather than officers 

only. 

(b) DEADLINES.— 

(1) REGULAR COMPONENT.—For the regular component of 

the Air Force, the transition required by subsection (a) shall be 

completed not later than September 30, 2020. 

(2) RESERVE COMPONENTS.—For the Air Force Reserve and 

Air National Guard, the transition required by subsection (a) 

shall be completed not later than September 30, 2023. 

(c) TRANSITION MATTERS.—The transition required by subsection (a) shall account for the following: 

(1) Training infrastructure for enlisted personnel operating 

Air Force remotely piloted aircraft. 


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(2) Supervisory roles for officers and senior enlisted personnel for enlisted personnel operating Air Force remotely piloted aircraft. 

(d) REPORTS.— (1) INITIAL REPORT.—Not later than March 1, 2017, the 

Secretary of the Air Force shall submit to the Committees on 

Armed Services of the Senate and the House of Representatives 

a report that sets forth a detailed description of the plan for the 

transition required by subsection (a), including the following: 

(A) The objectives of the transition. 

(B) The timeline of the transition. 

(C) The resources required to implement the transition. 

(D) Recommendations for any legislation action required to implement the transition. 

(E) The assumptions used to complete the transition. 

(F) Risks associated with implementing the transition. 

(2) REPORTS ON PROGRESS OF IMPLEMENTATION.—Not later 

than March 1, 2018, and each March 1 thereafter until the 

transition required by subsection (a) is completed, the Secretary 

shall submit to the committees referred to in paragraph (1) a 

report on the progress of the Air Force in implementing the plan 

required under that paragraph and in achieving the transition 

required by subsection (a). 

SEC. 1053. PROHIBITION ON DIVESTMENT OF MARINE CORPS SEARCH 

AND RESCUE UNITS. 

None of the amounts authorized to be appropriated by this Act 

or otherwise made available for fiscal year 2017 for the Navy or the 

Marine Corps may be obligated or expended— 

(1) to retire, prepare to retire, transfer, or place in storage 

any Marine Corps Search and Rescue Unit (SRU) aircraft; or 

(2) to make any change or revision to manning levels with 

respect to any Marine Corps Search and Rescue Unit squadron. 

SEC. 1054. SUPPORT FOR THE ASSOCIATE DIRECTOR OF THE CENTRAL 

INTELLIGENCE AGENCY FOR MILITARY AFFAIRS. 

(a) SELECTION OF ASSOCIATE DIRECTOR.—The Associate Director of the Central Intelligence Agency for Military Affairs shall be 

selected by the Secretary of Defense, with the concurrence of the Director of the Central Intelligence Agency, from among commissioned 

officers of the Armed Forces who are general or flag officers. 

(b) SUPPORT FOR ACTIVITIES.— (1) IN GENERAL.—In order to improve the provision of support to, and the receipt of support from, the Central Intelligence 

Agency, and to improve deconfliction of the activities of the Central Intelligence Agency and the Department of Defense, the Secretary of Defense and the Under Secretary of Defense for Intelligence shall ensure that the Associate Director of the Central 

Intelligence Agency for Military Affairs has access to, and support from, offices, agencies, and programs of the Department 

necessary for the purposes of the Associate Director as follows: 

(A) To facilitate and coordinate Department of Defense 

support for the Central Intelligence Agency requested by the 

Director of the Central Intelligence Agency and approved by 

the Secretary, including oversight of Department of Defense 

military and civilian personnel detailed or assigned to the 

Central Intelligence Agency. 


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(B) To prioritize, communicate, and coordinate Department of Defense requests for, and the provision of support 

to, the Department of Defense from the Central Intelligence 

Agency, including support requested by and provided to the 

commanders of the combatant commands and subordinate 

task forces and commands. 

(2) POLICIES.—The Under Secretary shall develop and supervise the implementation of policies to integrate and communicate Department of Defense requirements and requests for 

support from the Central Intelligence Agency that are coordinated by the Associate Director pursuant to paragraph (1)(B). 

SEC. 1055. NOTIFICATION ON THE PROVISION OF DEFENSE SENSITIVE 

SUPPORT. 

(a) LIMITATION.—The Secretary of Defense may provide defense 

sensitive support to a non-Department of Defense Federal department or agency only after the Secretary has determined that such 

support— 

(1) is consistent with the mission and functions of the Department of Defense; and 

(2) does— 

(A) not significantly interfere with the mission or functions of the Department; or 

(B) interfere with the mission and functions of the Department of Defense but such support is in the national security interest of the United States. 

(b) NOTICE REQUIRED.— (1) IN GENERAL.—Except as provided in paragraph (3), before providing defense sensitive support to a non-Department of 

Defense Federal department or agency, the Secretary of Defense 

shall notify the congressional defense committees, and, when 

the part of the Department of Defense providing the sensitive 

support is a member of the intelligence community, the congressional intelligence committees of the Secretary’s intent to provide such support. 

(2) CONTENTS.—Notice provided under paragraph (1) shall 

include the following: 

(A) A description of the support to be provided. 

(B) A description of how the support is consistent with 

the mission and functions of the Department. 

(C) A description of how the support— 

(i) does not significantly interfere with the mission 

or functions of the Department; or 

(ii) significantly interferes with the mission or 

functions of the Department but is in the national security interest of the United States. 

(3) TIME SENSITIVE SUPPORT.—In the event that the provision of defense sensitive support is time-sensitive, the Secretary— 

(A) may provide notification under paragraph (1) after 

providing the support; and 

(B) shall provide such notice as soon as practicable 

after providing such support, but not later than 48 hours 

after providing the support. 

(c) DEFENSE SENSITIVE SUPPORT DEFINED.—In this section, the 

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partment of Defense to a non-Department of Defense Federal department or agency that requires special protection from disclosure. 

SEC. 1056. PROHIBITION ON ENFORCEMENT OF MILITARY COMMISSION RULINGS PREVENTING MEMBERS OF THE ARMED 

FORCES FROM CARRYING OUT OTHERWISE LAWFUL DUTIES BASED ON MEMBER SEX. 

(a) PROHIBITION.—No order, ruling, finding, or other determination of a military commission may be construed or implemented to prohibit or restrict a member of the Armed Forces from 

carrying out duties otherwise lawfully assigned to such member to 

the extent that the basis for such prohibition or restriction is the sex 

of such member. 

(b) APPLICABILITY TO PRIOR ORDERS, ETC..—The prohibition or 

restriction described in subsection (a) shall, upon motion, apply to 

any order, ruling, finding, or other determination described in that 

subsection that was issued before the date of the enactment of this 

Act in a military commission and is still effective as of the date of 

such motion. 

(c) MILITARY COMMISSION DEFINED.—In this section, the term 

‘‘military commission’’ means a military commission established 

under chapter 47A of title 10, United States Code, and any military 

commission otherwise established or convened by law. 

Subtitle F—Studies and Reports 

SEC. 1061. TEMPORARY CONTINUATION OF CERTAIN DEPARTMENT OF 

DEFENSE REPORTING REQUIREMENTS. 

(a) EXCEPTIONS TO REPORTS TERMINATION PROVISION.—Section 

1080 of the National Defense Authorization Act for Fiscal Year 2016 

(Public Law 114–92; 129 Stat. 1000; 10 U.S.C. 111 note) does not 

apply to any report required to be submitted to Congress by the Department of Defense, or by any officer, official, component, or element of the Department, pursuant to a provision of law specified in 

this section, notwithstanding the enactment of the reporting requirement by an annual national defense authorization Act or the inclusion of the report in the list of reports prepared by the Secretary of 

Defense pursuant to subsection (c) of such section 1080. 

(b) FINAL TERMINATION DATE FOR SUBMITTAL OF EXEMPTED

REPORTS.— 

(1) IN GENERAL.—Except as provided in paragraph (2), 

each report required pursuant to a provision of law specified in 

this section that is still required to be submitted to Congress as 

of December 31, 2021, shall no longer be required to be submitted to Congress after that date. 

(2) REPORTS EXEMPTED FROM TERMINATION.—The termination dates specified in paragraph (1) and section 1080 of the 

National Defense Authorization Act for Fiscal Year 2016 do not 

apply to the following: 

(A) The submission of the reports on the National Military Strategy and Risk Assessment under section 153(b)(3) 

of title 10, United States Code. 

(B) The submission of the future-years defense program 

(including associated annexes) under section 221 of title 10, 

United States Code. 


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(C) The submission of the future-years mission budget 

for the military programs of the Department of Defense 

under section 221 of such title. 

(D) The submission of audits of contracting compliance 

by the Inspector General of the Department of Defense 

under section 1601(b) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 

U.S.C. 2533a note). 

(c) REPORTS REQUIRED BY TITLE 10, UNITED STATES CODE.— Subject to subsection (b), subsection (a) applies to reporting requirements contained in the following sections of title 10, United States 

Code: 

(1) Section 113(i). 

(2) Section 117(e). 

(3) 118a(d). 

(4) Section 119(a) and (b). 

(5) Section 127b(f). 

(6) Section 139(h). 

(7) Section 139b(d). 

(8) Sections 153(c). 

(9) Section 171a(e) and (g)(2). 

(10) Section 179(f). 

(11) Section 196(d)(1), (d)(4), and (e)(3). 

(12) Section 223a(a). 

(13) Section 225(c) 

(14) Section 229. 

(15) Section 231. 

(16) Section 231a. 

(17) Section 238. 

(18) Section 341(f) of title 10, United States Code, as 

amended by section 1246 of this Act. 

(19) Section 401(d). 

(20) Section 407(d). 

(21) Section 481a(c). 

(22) Section 482(a). 

(23) Section 488(c). 

(24) Section 494(b). 

(25) Section 526(j). 

(26) Section 946(c) (Article 146 of the Uniform Code of 

Military Justice). 

(27) Section 981(c). 

(28) Section 1116(d). 

(29) Section 1566(c)(3). 

(30) Section 1557(e). 

(31) Section 1781a(e). 

(32) Section 1781c(h). 

(33) Section 2011(e). 

(34) Section 2166(i). 

(35) Section 2218(h). 

(36) Section 2228(e). 

(37) Section 2229(d). 

(38) Section 2229a. 

(39) Section 2249c(c). 

(40) Section 2275. 

(41) Section 2276(e). 


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(42) Section 2367(d). 

(43) Section 2399(g). 

(44) Section 2445b. 

(45) Section 2464(d). 

(46) Section 2466(d). 

(47) Section 2504. 

(48) Section 2561(c). 

(49) Section 2684a(g). 

(50) Section 2687a. 

(51) Section 2711. 

(52) Sections 2884(b) and (c). 

(53) Section 2911(a) and (b)(3). 

(54) Section 2925. 

(55) Section 2926(c)(4). 

(56) Section 4361(d)(4)(B). 

(57) Section 4721(e). 

(58) Section 6980(d)(4)(B). 

(59) Section 7310(c). 

(60) Section 9361(d)(4)(B). 

(61) Section 10216(c). 

(62) Section 10541. 

(63) Section 10543. 

(d) REPORTS REQUIRED BY NATIONAL DEFENSE AUTHORIZATION

ACT FOR FISCAL YEAR 2015.—Subject to subsection (b), subsection 

(a) applies to reporting requirements contained in the following sections of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291): 

(1) Section 546(d) (10 U.S.C. 1561 note). 

(2) Section 1003 (10 U.S.C. 221 note). 

(3) Section 1026(d) (128 Stat. 3490). 

(4) Section 1055 (128 Stat. 3498). 

(5) Section 1204(b) (10 U.S.C. 2249e note). 

(6) Section 1205(e) (128 Stat. 3537). 

(7) Section 1206(e) (10 U.S.C. 2282 note). 

(8) Section 1211 (128 Stat. 3544). 

(9) Section 1225 (128 Stat. 3550). 

(10) Section 1235 (128 Stat. 3558). 

(11) Section 1245 (128 Stat. 3566). 

(12) Section 1253(b) (22 U.S.C. 2151 note). 

(13) Section 1275(b) (128 Stat. 3591). 

(14) Section 1343 (128 Stat. 3605; 50 U.S.C. 3743). 

(15) Section 1650 (128 Stat. 3653). 

(16) Section 1662(c)(2) and (d)(2) (128 Stat. 3657; 10 

U.S.C. 2431 note). 

(17) Section 2821(a)(3) (10 U.S.C. 2687 note). 

(e) REPORTS REQUIRED BY NATIONAL DEFENSE AUTHORIZATION

ACT FOR FISCAL YEAR 2014.—Subject to subsection (b), subsection 

(a) applies to reporting requirements contained in the following sections of the National Defense Authorization Act for Fiscal Year 2014 

(Public Law 113–66): 

(1) Section 704(e) (10 U.S.C. 1074 note). 

(2) Sections 713(f), (g), and (h) (10 U.S.C. 1071 note). 

(3) Section 904(d)(2) (10 U.S.C. 111 note). 

(4) Section 1205(f)(3) (32 U.S.C. 107 note). 


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(f) REPORTS REQUIRED BY NATIONAL DEFENSE AUTHORIZATION

ACT FOR FISCAL YEAR 2013.—Subject to subsection (b), subsection 

(a) applies to reporting requirements contained in the following sections of the National Defense Authorization Act for Fiscal Year 2013 

(Public Law 112–239): 

(1) Section 524(c)(2) (10 U.S.C. 1222 note). 

(2) Section 904(h)(1) and (2) (10 U.S.C. 133 note). 

(3) Section 1009 (126 Stat. 1906). 

(4) Section 1023 (126 Stat. 1911). 

(5) Section 1052(b)(4) (126 Stat. 1936; 49 U.S.C. 40101 

note). 

(g) REPORTS REQUIRED BY NATIONAL DEFENSE AUTHORIZATION

ACT FOR FISCAL YEAR 2011.—Subject to subsection (b), subsection 

(a) applies to reporting requirements contained in the following sections of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383): 

(1) Section 123 (10 U.S.C. 167 note). 

(2) Section 1216(c) (124 Stat. 4392). 

(3) Section 1217(i) (22 U.S.C. 7513 note). 

(4) Section 1631(d) (10 U.S.C. 1561 note). 

(h) REPORTS REQUIRED BY NATIONAL DEFENSE AUTHORIZATION

ACT FOR FISCAL YEAR 2010.—Subject to subsection (b), subsection 

(a) applies to reporting requirements contained in the following sections of the National Defense Authorization Act for Fiscal Year 2010 

(Public Law 111–84): 

(1) Section 711(d) (10 U.S.C. 1071 note). 

(2) Section 1003(b) (10 U.S.C. 2222 note). 

(3) Section 1244(d) (22 U.S.C. 1928 note). 

(4) Section 1245 (123 Stat. 2542). 

(5) Section 1806 (10 U.S.C. 948a note). 

(i) REPORTS REQUIRED BY OTHER LAWS.—Subject to subsection 

(b), subsection (a) applies to reporting requirements contained in the 

following provisions of law: 

(1) Sections 1412(i) and (j) of the National Defense Authorization Act, 1986 (50 U.S.C. 1521), as amended by section 1421 

of the Ike Skelton National Defense Authorization Act for Fiscal 

Year 2011 (Public Law 111–383). 

(2) Section 1703 of the National Defense Authorization Act 

for Fiscal Year 1994 (50 U.S.C. 1523). 

(3) Section 717(c) of the National Defense Authorization Act 

for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 1073 

note). 

(4) Section 234 of the National Defense Authorization Act 

for Fiscal Year 1998 (50 U.S.C. 2367). 

(5) Section 1309(c) of the National Defense Authorization 

Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 113 

note). 

(6) Section 1237(b)(2) of the National Defense Authorization 

Act for Fiscal Year 1999 (Public Law 105–261; 50 U.S.C. 1701 

note). 

(7) Section 1202 of the National Defense Authorization Act 

for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 113 note). 

(8) Section 232(h)(2) of the National Defense Authorization 

Act for Fiscal Year 2002 (Public Law 107–107; 10 U.S.C. 2431 

note). 


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(9) Section 366(a)(5) and (c)(2) of the Bob Stump National 

Defense Authorization Act for Fiscal Year 2003 (Public Law 

107–314; 10 U.S.C. 113 note). 

(10) Section 1208(f) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108– 

375; 118 Stat. 2086). 

(11) Section 1208(d) of the National Defense Authorization 

Act for 2006 (Public Law 109–163; 119 Stat. 3459). 

(12) Section 1405(d) of the National Defense Authorization 

Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 801 

note). 

(13) Section 122(f)(1) of the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109–364; 

120 Stat. 2104). 

(14) Section 721 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 

Stat. 2294). 

(15) Section 1017(e) of the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109–364; 

10 U.S.C. 2631 note). 

(16) Section 1517(f) of the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109–364; 

120 Stat. 2443). 

(17) Section 911(f)(2) of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2271 

note). 

(18) Section 1034(d) of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 309). 

(19) Section 1107(d) of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 358). 

(20) Section 1233(f) of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393). 

(21) Section 1234(e) of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 394). 

(22) Section 219(c) of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 

10 U.S.C. 2358 note). 

(23) Section 533(i) of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2010 (Public Law 110–417). 

(24) Section 1047(d)(2) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2010 (Public Law 110– 

417; 10 U.S.C. 2366b note) 

(25) Section 1201(b)(1) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

1619). 

(26) Section 1236 of the National Defense Authorization Act 

for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1641). 

(27) Section 103A(b)(3) of the Sikes Act (16 U.S.C. 670c– 

1(b)(3)). 

(28) Section 1511(h) of the Armed Forces Retirement Home 

Act of 1991 (24 U.S.C. 411(h)). 

(29) Section 901(f) of the Office of National Drug Control 

Policy Reauthorization Act of 2006 (Public Law 109–469; 32 

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fense Authorization Act for Fiscal Year 2013 (Public Law 112– 

239). 

(30) Section 14 of the Strategic and Critical Materials 

Stock Piling Act (50 U.S.C. 98h–5). 

(31) Section 105A(b) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20308(b)), as added by section 586 of the National Defense Authorization Act for Fiscal 

Year 2010 (Public Law 111–84). 

(32) Section 112(f) of title 32, United States Code. 

(33) Section 310b(i)(2) of title 37, United States Code. 

(j) CONFORMING AMENDMENT.—Section 1080(a) of the National 

Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 

129 Stat. 1000; 10 U.S.C. 111 note) is amended— 

(1) by striking ‘‘on the date that is two years after the date 

of the enactment of this Act’’ and inserting ‘‘November 25, 

2017’’; and 

(2) by striking ‘‘effective’’. 

(k) REPORT TO CONGRESS.—Not later than February 1, 2017, 

the Secretary of Defense shall submit to the congressional defense 

committees a report that includes each of the following: 

(1) A list of all reports that are required to be submitted to 

Congress as of the date of the enactment of this Act that will 

no longer be required to be submitted to Congress as of November 25, 2017. 

(2) For each such report, a citation to the provision of law 

under which the report is or was required to be submitted. 

SEC. 1062. REPORTS ON PROGRAMS MANAGED UNDER ALTERNATIVE 

COMPENSATORY CONTROL MEASURES IN THE DEPARTMENT OF DEFENSE. 

(a) IN GENERAL.—Chapter 2 of title 10, United States Code, is 

amended by adding at the end the following new section: 

‘‘§ 119a. Programs managed under alternative compensatory 

control measures: congressional oversight 

‘‘(a) ANNUAL REPORT ON CURRENT PROGRAMS UNDER

AACMS.— 

‘‘(1) IN GENERAL.—Not later than March 1 each year, the 

Secretary of Defense shall submit to the congressional defense 

committees a report on the programs being managed under alternative compensatory control measures in the Department of 

Defense. 

‘‘(2) ELEMENTS.—Each report under paragraph (1) shall set 

forth the following: 

‘‘(A) The total amount requested for programs being 

managed under alternative compensatory control measures 

in the Department in the budget of the President under section 1105 of title 31 for the fiscal year beginning in the fiscal year in which such report is submitted. 

‘‘(B) For each program in that budget that is a program being managed under alternative compensatory control measures in the Department— 

‘‘(i) a brief description of the program; 

‘‘(ii) a brief discussion of the major milestones established for the program; 


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‘‘(iii) the actual cost of the program for each fiscal 

year during which the program has been conducted before the fiscal year during which that budget is submitted; and 

‘‘(iv) the estimated total cost of the program and 

the estimated cost of the program for— 

‘‘(I) the current fiscal year; 

‘‘(II) the fiscal year for which that budget is 

submitted; and 

‘‘(III) each of the four succeeding fiscal years 

during which the program is expected to be conducted. 

‘‘(3) ELEMENTS ON PROGRAMS COVERED BY MULTIYEAR

BUDGETING.—In the case of a report under paragraph (1) submitted in a year during which the budget of the President for 

the fiscal year concerned does not, because of multiyear budgeting for the Department, include a full budget request for the 

Department, the report required by paragraph (1) shall set 

forth— 

‘‘(A) the total amount already appropriated for the next 

fiscal year for programs being managed under alternative 

compensatory control measures in the Department, and any 

additional amount requested in that budget for such programs for such fiscal year; and 

‘‘(B) for each program that is a program being managed under alternative compensatory control measures in 

the Department, the information specified in paragraph 

(2)(B). 

‘‘(b) ANNUAL REPORT ON NEW PROGRAMS UNDER AACMS.— 

‘‘(1) IN GENERAL.—Not later than February 1 each year, the 

Secretary shall submit to the congressional defense committees 

a report that, with respect to each new program being managed 

under alternative compensatory control measures in the Department, provides— 

‘‘(A) notice of the designation of the program as a program being managed under alternative compensatory control measures in the Department; and 

‘‘(B) a justification for such designation. 

‘‘(2) ADDITIONAL ELEMENTS.—A report under paragraph (1) 

with respect to a program shall include— 

‘‘(A) the current estimate of the total program cost for 

the program; and 

‘‘(B) an identification of existing programs or technologies that are similar to the technology, or that have a 

mission similar to the mission, of the program that is the 

subject of the report. 

‘‘(3) NEW PROGRAM BEING MANAGED UNDER ALTERNATIVE

COMPENSATORY CONTROL MEASURES DEFINED.—In this subsection, the term ‘new program being managed under alternative compensatory control measures’ means a program in the 

Department that has not previously been covered by a report 

under this subsection. 

‘‘(c) REPORT ON CHANGE IN CLASSIFICATION OR DECLASSIFICATION OF PROGRAMS.— 


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‘‘(1) IN GENERAL.—Whenever a change in the classification 

of a program being managed under alternative compensatory 

control measures in the Department is planned to be made, or 

whenever classified information concerning a program being 

managed under alternative compensatory control measures in 

the Department is to be declassified and made public, the Secretary shall submit to the congressional defense committees a 

report containing a description of the proposed change, the reasons for the proposed change, and notice of any public announcement planned to be made with respect to the proposed 

change. 

‘‘(2) DEADLINE FOR REPORT.—Except as provided in paragraph (3), a report required by paragraph (1) shall be submitted not less than 14 days before the date on which the proposed change or public announcement concerned is to occur. 

‘‘(3) EXCEPTION.—If the Secretary determines that because 

of exceptional circumstances the requirement in paragraph (2) 

cannot be met with respect to a proposed change or public announcement concerning a program covered by paragraph (1), 

the Secretary may submit the report required by that paragraph 

regarding the proposed change or public announcement at any 

time before the proposed change or public announcement is 

made, and shall include in the report an explanation of the exceptional circumstances. 

‘‘(d) MODIFICATION OF CRITERIA OR POLICY FOR DESIGNATING

PROGRAMS UNDER ACCMS.—Whenever there is a modification or termination of the policy or criteria used for designating a program as 

a program being managed under alternative compensatory control 

measures in the Department, the Secretary shall promptly notify the 

congressional defense committees of such modification or termination. Any such notification shall contain the reasons for the modification or termination and, in the case of a modification, the provisions of the policy or criteria as modified. 

‘‘(e) WAIVER.— 

‘‘(1) IN GENERAL.—The Secretary may waive any requirement in subsection (a), (b), or (c) that certain information be included in a report under such subsection if the Secretary determines that inclusion of that information in the report would adversely affect the national security. Any such waiver shall be 

made on a case-by-case basis. 

‘‘(2) NOTICE TO CONGRESS.—If the Secretary exercises the 

authority in paragraph (1), the Secretary shall provide the information described in the applicable subsection with respect to 

the program concerned, and the justification for the waiver, 

jointly to the chairman and ranking minority member of each 

of the congressional defense committees. 

‘‘(f) LIMITATION ON INITIATION OF PROGRAMS UNDER ACCMS.— 

‘‘(1) NOTICE AND WAIT.—Except as provided in paragraph 

(2), a program to be managed under alternative compensatory 

control measures in the Department may not be initiated 

until— 

‘‘(A) the congressional defense committees are notified 

of the program; and 

‘‘(B) a period of 30 days elapses after such notification 

is received. 


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‘‘(2) EXCEPTION.—If the Secretary determines that waiting 

for the regular notification process before initiating a program 

as described in paragraph (1) would cause exceptionally grave 

damage to the national security, the Secretary may begin a program to be managed under alternative compensatory control 

measures in the Department before such waiting period elapses. 

The Secretary shall notify the congressional defense committees 

within 10 days of initiating a program under this paragraph, 

including a justification for the determination of the Secretary 

that waiting for the regular notification process would cause exceptionally grave damage to the national security.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 2 of such title is amended by adding at the end the 

following new item: 

‘‘119a. Programs managed under alternative compensatory control measures: congressional oversight.’’. 

SEC. 1063. MATTERS FOR INCLUSION IN REPORT ON DESIGNATION OF 

COUNTRIES FOR WHICH REWARDS MAY BE PAID UNDER 

DEPARTMENT OF DEFENSE REWARDS PROGRAM. 

Section 127b(h) of title 10, United States Code, is amended— 

(1) in paragraph (2), by inserting ‘‘and justification’’ after 

‘‘reason’’; and 

(2) by amending paragraph (3) to read as follows: 

‘‘(3) An estimate of the amount or value of the rewards to 

be paid as monetary payment or payment-in-kind under this 

section.’’. 

SEC. 1064. ANNUAL REPORTS ON UNFUNDED PRIORITIES OF THE 

ARMED FORCES AND THE COMBATANT COMMANDS AND 

ANNUAL REPORT ON COMBATANT COMMAND REQUIREMENTS. 

(a) ANNUAL REPORTS REQUIRED.— 

(1) IN GENERAL.—Chapter 9 of title 10, United States Code, 

is amended by inserting after section 222 the following new section: 

‘‘§ 222a. Unfunded priorities of the armed forces and combatant commands: annual report 

‘‘(a) ANNUAL REPORT.—Not later than 10 days after the date on 

which the budget of the President for a fiscal year is submitted to 

Congress pursuant to section 1105 of title 31, each officer specified 

in subsection (b) shall submit to the Secretary of Defense and the 

Chairman of the Joint Chiefs of Staff, and to the congressional defense committees, a report on the unfunded priorities of the armed 

force or forces or combatant command under the jurisdiction or 

command of such officer. 

‘‘(b) OFFICERS.—The officers specified in this subsection are the 

following: 

‘‘(1) The Chief of Staff of the Army. 

‘‘(2) The Chief of Naval Operations. 

‘‘(3) The Chief of Staff of the Air Force. 

‘‘(4) The Commandant of the Marine Corps. 

‘‘(5) The commanders of the combatant commands established under section 161 of this title. 

‘‘(c) ELEMENTS.— 


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‘‘(1) IN GENERAL.—Each report under this subsection shall 

specify, for each unfunded priority covered by such report, the 

following: 

‘‘(A) A summary description of such priority, including 

the objectives to be achieved if such priority is funded 

(whether in whole or in part). 

‘‘(B) The additional amount of funds recommended in 

connection with the objectives under subparagraph (A). 

‘‘(C) Account information with respect to such priority, 

including the following (as applicable): 

‘‘(i) Line Item Number (LIN) for applicable procurement accounts. 

‘‘(ii) Program Element (PE) number for applicable 

research, development, test, and evaluation accounts. 

‘‘(iii) Sub-activity group (SAG) for applicable operation and maintenance accounts. 

‘‘(2) PRIORITIZATION OF PRIORITIES.—Each report shall 

present the unfunded priorities covered by such report in order 

of urgency of priority. 

‘‘(d) UNFUNDED PRIORITY DEFINED.—In this section, the term 

‘unfunded priority’, in the case of a fiscal year, means a program, 

activity, or mission requirement that— 

‘‘(1) is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of 

title 31; 

‘‘(2) is necessary to fulfill a requirement associated with an 

operational or contingency plan of a combatant command or 

other validated requirement; and 

‘‘(3) would have been recommended for funding through the 

budget referred to in paragraph (1) by the officer submitting the 

report required by subsection (a) in connection with the budget 

if— 

‘‘(A) additional resources been available for the budget 

to fund the program, activity, or mission requirement; or 

‘‘(B) the program, activity, or mission requirement has 

emerged since the budget was formulated.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 9 of such title is amended by inserting after 

the item relating to section 222 the following new item: 

‘‘222a. Unfunded priorities of the armed forces and combatant commands: annual report.’’. 

(b) REPEAL OF SUPERSEDED PROVISION.—Section 1003 of the 

National Defense Authorization Act for Fiscal Year 2013 (Public 

Law 113–239; 126 Stat. 1903) is repealed. 

(c) SUBMITTAL OF ANNUAL REPORT ON COMBATANT COMMAND

REQUIREMENTS.—Section 153(c)(1) of title 10, United States Code, 

is amended by striking ‘‘At or about the time that the budget is submitted to Congress for a fiscal year under section 1105(a) of title 31’’ 

and inserting ‘‘Not later than 25 days after the date on which the 

budget of the President for a fiscal year is submitted to Congress 

pursuant to section 1105(a) of title 31’’. 

SEC. 1065. MANAGEMENT AND REVIEWS OF ELECTROMAGNETIC SPECTRUM. 

(a) MANAGEMENT AND REVIEWS.— 


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(1) IN GENERAL.—Section 488 of title 10, United States 

Code, is amended to read as follows: 

‘‘§ 488. Management and review of electromagnetic spectrum 

‘‘(a) ORGANIZATION.—The Secretary of Defense shall— 

‘‘(1) ensure the effective organization and management of 

the electromagnetic spectrum used by the Department of Defense; and 

‘‘(2) establish an enduring review and evaluation process 

that— 

‘‘(A) considers all requirements relating to such spectrum; and 

‘‘(B) ensures that all users of such spectrum, regardless 

of the classification of such uses, are involved in the decision-making process of the Department concerning the potential sharing, reassigning, or reallocating of such spectrum, or the relocation of the uses by the Department of 

such spectrum. 

‘‘(b) REPORTS.—(1) From time to time as the Secretary and the 

Chairman of the Joint Chiefs of Staff determine useful for the effective oversight of the access by the Department to electromagnetic 

spectrum, but not less frequently than every two years, the Secretary 

and the Chairman shall jointly submit to the congressional defense 

committees a report on national policy plans regarding implications 

for such access in bands identified for study for potential reallocation, or under consideration for potential reallocation, by the Policy 

and Plans Steering Group established by the National Telecommunications and Information Administration. 

‘‘(2) Each report under paragraph (1) shall address, with respect to the electromagnetic spectrum used by the Department that 

is covered by the report, the implications to the missions of the Department resulting from sharing, reassigning, or reallocating the 

spectrum, or relocating the uses by the Department of such spectrum, if the Secretary and the Chairman jointly determine that such 

sharing, reassigning, reallocating, or relocation— 

‘‘(A) would potentially create a loss of essential military capability to the missions of the Department, as determined under 

feasibility assessments to ensure comparable capability; or 

‘‘(B) would not likely be possible within the 10-year period 

beginning on the date of the report.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 23 of such title is amended by striking the 

item relating to section 488 and inserting the following new 

item: 

‘‘488. Management and review of electromagnetic spectrum.’’. 

(b) ISSUANCE OF INSTRUCTION OR DIRECTIVE.—The Secretary of 

Defense shall— 

(1) not later than 180 days after the date of the enactment 

of this Act, issue a Department of Defense Instruction or a Department of Defense Directive to carry out section 488(a) of title 

10, United States Code, as amended by subsection (a); and 

(2) upon the date of the issuance of the instruction or directive issued under paragraph (1), submit to the congressional defense committees such instruction or directive. 


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(c) INITIAL REVIEW.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall jointly submit to the congressional defense committees a report described in section 488(b) of title 

10, United States Code, as amended by subsection (a), with respect 

to— 

(1) the plan by the National Telecommunications and Information Administration titled ‘‘Sixth Interim Progress Report on 

the Ten-Year Plan and Timetable’’ issued in June 2016; and 

(2) the seventh such interim progress report issued (or to be 

issued) by the National Telecommunications and Information 

Administration. 

SEC. 1066. REQUIREMENT FOR NOTICE AND REPORTING TO COMMITTEES ON ARMED SERVICES ON CERTAIN EXPENDITURES 

OF FUNDS BY DEFENSE INTELLIGENCE AGENCY. 

Section 105(c) of the National Security Act of 1947 (50 U.S.C. 

3038(c)) is amended by inserting ‘‘, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the 

House of Representatives’’ after ‘‘committees’’ each place it appears. 

SEC. 1067. CONGRESSIONAL NOTIFICATION OF BIOLOGICAL SELECT 

AGENT AND TOXIN THEFT, LOSS, OR RELEASE INVOLVING 

THE DEPARTMENT OF DEFENSE. 

(a) NOTIFICATION REQUIREMENT.—Not later than 15 days after 

notice of any theft, loss, or release of a biological select agent or 

toxin involving the Department of Defense is provided to the Centers 

for Disease Control and Prevention or the Animal and Plant Health 

Inspection Service, as specified by section 331.19 of part 7 of the 

Code of Federal Regulations, the Secretary of Defense shall provide 

to the congressional defense committees notice of such theft, loss, or 

release. 

(b) ELEMENTS.—Notice of a theft, loss, or release of a biological 

select agent or toxin under subsection (a) shall include each of the 

following: 

(1) The name of the agent or toxin and any identifying information, including the strain or other relevant characterization information. 

(2) An estimate of the quantity of the agent or toxin stolen, 

lost, or released. 

(3) The location or facility from which the theft, loss, or release occurred. 

(4) In the case of a release, any hazards posed by the release and the number of individuals potentially exposed to the 

agent or toxin. 

(5) Actions taken to respond to the theft, loss, or release. 

SEC. 1068. REPORT ON SERVICE-PROVIDED SUPPORT AND ENABLING 

CAPABILITIES TO UNITED STATES SPECIAL OPERATIONS 

FORCES. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a written report on servicecommon support and enabling capabilities contributed from each of 

the military services to special operations forces. Such report shall 

include each of the following: 

(1) A definition of the terms ‘‘service-common’’ and ‘‘special 

operations-peculiar’’. 


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(2) A description of the factors and process used by the Department of Defense to determine whether combat support, combat service support, base operating support, and enabling capabilities are service-common or special operations-peculiar. 

(3) A detailed accounting of the resources allocated by each 

military service to provide combat support, combat service support, base operating support, and enabling capabilities for special operations forces. 

(4) An identification of any change in the level or type of 

service-common support and enabling capabilities provided by 

each of the military services to special operations forces in the 

current fiscal year when compared to the preceding fiscal year, 

including the rationale for any such change and any mitigating 

actions. 

(5) An assessment of the specific effects that the budget request for the current fiscal year and any anticipated future 

manpower and force structure changes are likely to have on the 

ability of each of the military services to provide service-common support and enabling capabilities to special operations 

forces. 

(6) Any other matters the Secretary determines relevant. 

(b) ANNUAL UPDATES.—For each of fiscal years 2018 through 

2020, at the same time the Secretary of Defense submits to Congress 

the budget request for such fiscal year, the Secretary shall submit 

to the congressional defense committees an update to the report required under subsection (a). 

(c) FORM OF REPORT.—The report required under subsection (a) 

and each update provided under subsection (b) shall be submitted 

in unclassified form, but may contain a classified annex. 

SEC. 1069. REPORT ON CITIZEN SECURITY RESPONSIBILITIES IN THE 

NORTHERN TRIANGLE OF CENTRAL AMERICA. 

(a) IN GENERAL.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense and the Secretary of 

State shall jointly prepare and submit to the appropriate congressional committees a report on military units that have been assigned to policing or citizen security responsibilities in Guatemala, 

Honduras, and El Salvador. 

(b) MATTERS TO BE INCLUDED.—The report required by subsection (a) shall include each of the following: 

(1) The following information, as of the date of the enactment of this Act, with respect to military units assigned to policing or citizen security responsibilities in each of Guatemala, 

Honduras, and El Salvador: 

(A) The proportion of individuals in each such country’s military who participate in policing or citizen security 

activities relative to the total number of individuals in that 

country’s military. 

(B) Of the military units assigned to policing or citizen 

security responsibilities, the types of units conducting police 

activities. 

(C) The role of the Department of Defense and the Department of State in training individuals for purposes of 

participation in such military units. 


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(D) The number of individuals who participated in 

such military units who received training by the Department of Defense, and the types of training they received. 

(2) Any other information that the Secretary of Defense or 

the Secretary of State determines to be necessary to help better 

understand the relationships of the militaries of Guatemala, 

Honduras, and El Salvador to public security in such countries. 

(3) A description of the plan of the United States to assist 

the militaries of Guatemala, Honduras, and El Salvador to 

carry out their responsibilities in a manner that adheres to 

democratic principles. 

(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex. 

(d) PUBLIC AVAILABILITY.—The unclassified matter of the report 

required by subsection (a) shall be posted on a publicly available 

Internet website of the Department of Defense and a publicly available Internet website of the Department of State. 

(e) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, the term ‘‘appropriate congressional committees’’ means the 

Committee on Armed Services and the Committee on Foreign Affairs 

of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate. 

SEC. 1070. REPORT ON COUNTERPROLIFERATION ACTIVITIES AND 

PROGRAMS. 

(a) IN GENERAL.—Not later than July 1, 2017, the Secretary of 

Defense shall submit to the congressional defense committees a report on the counterproliferation activities and programs of the Department of Defense. 

(b) MATTERS INCLUDED.—The report required under subsection 

(a) shall include each of the following: 

(1) A complete list and assessment of existing and proposed 

capabilities and technologies for support of United States nonproliferation policy and counterproliferation policy, with regard 

to— 

(A) interdiction; 

(B) elimination; 

(C) threat reduction cooperation; 

(D) passive defenses; 

(E) security cooperation and partner activities; 

(F) offensive operations; 

(G) active defenses; and 

(H) weapons of mass destruction consequence management. 

(2) For the existing and proposed capabilities and technologies identified under paragraph (1), an identification of 

goals, a description of ongoing efforts, and recommendations for 

further enhancements. 

(3) A complete description of requirements and priorities for 

the development and deployment of highly effective capabilities 

and technologies, including identifying areas for capability enhancement and deficiencies in existing capabilities and technologies. 

(4) A comprehensive discussion of the near-term, mid-term, 

and long-term programmatic options for meeting requirements 

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quirements and completion dates established for each such option. 

(5) An outline of interagency activities and initiatives. 

(6) Any other matters the Secretary considers appropriate. 

(c) FORMS OF REPORT.—The report under subsection (a) shall be 

submitted in unclassified form, but may contain a classified annex. 

SEC. 1071. REPORT ON TESTING AND INTEGRATION OF MINEHUNTING 

SONAR SYSTEMS TO IMPROVE LITTORAL COMBAT SHIP 

MINEHUNTING CAPABILITIES. 

(a) REPORT TO CONGRESS.—Not later than April 1, 2018, the 

Secretary of the Navy shall submit to the congressional defense committees a report that contains the findings of an assessment of all 

operational minehunting Synthetic Aperture Sonar (hereinafter referred to as ‘‘SAS’’) technologies suitable to meet the requirements 

for use on the Littoral Combat Ship Mine Countermeasures Mission 

Package. 

(b) ELEMENTS.—The report required by subsection (a) shall include— 

(1) an explanation of the future acquisition strategy for the 

minehunting mission package; 

(2) specific details regarding the capabilities of all in-production SAS systems available for integration into the Littoral 

Combat Ship Mine Countermeasure Mission Package; 

(3) an assessment of key performance parameters for the 

Littoral Combat Ship Mine Countermeasures Mission Package 

with each of the assessed SAS technologies; and 

(4) a review of the Department of the Navy’s efforts to 

evaluate SAS technologies in operation with allied Navies for 

future use on the Littoral Combat Ship Mine Countermeasures 

Mission Package. 

(c) SYSTEM TESTING.—The Secretary of the Navy is encouraged 

to perform at-sea testing and experimentation of sonar systems in 

order to provide data in support of the assessment required by subsection (a). 

SEC. 1072. QUARTERLY REPORTS ON PARACHUTE JUMPS CONDUCTED 

AT FORT BRAGG AND POPE ARMY AIRFIELD AND AIR 

FORCE SUPPORT FOR SUCH JUMPS. 

For the period beginning on January 31, 2017, and ending on 

January 31, 2018, the Secretary of the Air Force and the Secretary 

of the Army shall jointly submit to the Committees on Armed Services of the House of Representatives and the Senate quarterly reports 

on the parachute drop requirements for the XVIII Airborne Corps, 

the 82nd Airborne Division, and the United States Army Special 

Operations Command. Each such report shall include, for the calendar quarter covered by the report— 

(1) the total parachute drop requirement, by month; 

(2) the total parachute drops requested, by month; 

(3) the total parachute drops for which the Secretary of the 

Air Force entered into a contract, by month; 

(4) the total parachute drops executed by non-Air Force entities pursuant to contracts, by month; 

(5) the total parachute drops executed by the Air Force, by 

month; 

(6) if the total parachute drop requirement was not fulfilled 

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filled and the assessment of the Secretary of the Army of any 

effects on Army readiness caused by the unfulfilled portion of 

the requirement; and 

(7) any other clarifying information, as appropriate, the 

Secretaries determine the Committees would need to understand 

important aspects of the Air Force implementing off-site airlift 

support for XVIII Airborne Corps, the 82nd Airborne Division, 

and the United States Army Special Operations Command, and 

the ability of the Air Force to meet the training requirements of 

the Army and the United States Special Operations Command. 

SEC. 1073. STUDY ON MILITARY HELICOPTER NOISE. 

(a) IN GENERAL.—The Secretary of Defense, in coordination 

with the Administrator of the Federal Aviation Administration, 

shall— 

(1) conduct a study on the effects of military helicopter 

noise on National Capital Region communities and individuals; 

and 

(2) develop recommendations for the reduction of the effects 

of military helicopter noise on individuals, structures, and 

property values in the National Capital Region. 

(b) FOCUS.—In conducting the study under subsection (a), the 

Secretary and the Administrator shall focus on air traffic control, 

airspace design, airspace management, and types of aircraft to address helicopter noise problems and shall take into account the 

needs of law enforcement, emergency, and military operations. 

(c) CONSIDERATION OF VIEWS.—In conducting the study under 

subsection (a), the Secretary shall consider the views of representatives of— 

(1) members of the Armed Forces; 

(2) law enforcement agencies; 

(3) community stakeholders, including residents and local 

government officials; and 

(4) organizations with an interest in reducing military helicopter noise. 

(d) REPORT.— 

(1) IN GENERAL.—Not later than 90 days after the date of 

the enactment of this Act, the Secretary shall submit to Congress a report on the results of the study conducted under subsection (a). 

(2) AVAILABILITY TO THE PUBLIC.—The Secretary shall 

make the report required under paragraph (1) publicly available. 

SEC. 1074. INDEPENDENT REVIEW OF UNITED STATES MILITARY 

STRATEGY AND FORCE POSTURE IN THE UNITED STATES 

PACIFIC COMMAND AREA OF RESPONSIBILITY. 

(a) INDEPENDENT REVIEW.— 

(1) IN GENERAL.—In fiscal year 2018, the Secretary of Defense shall commission an independent review of United States 

policy in the Indo-Asia-Pacific region, with a focus on issues expected to be critical during the ten-year period beginning on the 

date of such review, including the national security interests 

and military strategy of the United States in the Indo-Asia-Pacific region. 


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(2) CONDUCT OF REVIEW.—The review conducted pursuant 

to paragraph (1) shall be conducted by an independent organization that has— 

(A) recognized credentials and expertise in national security and military affairs; and 

(B) access to policy experts throughout the United 

States and from the Indo-Asia-Pacific region. 

(3) ELEMENTS.—Each review conducted pursuant to paragraph (1) shall include the following elements: 

(A) An assessment of the risks to United States national security interests in the United States Pacific Command area of responsibility during the ten-year period beginning on the date of such review as a result of changes 

in the security environment. 

(B) An assessment of the current and planned United 

States force posture adjustments with respect to the IndoAsia-Pacific region. 

(C) An evaluation of any key capability gaps and shortfalls of the United States in the Indo-Asia-Pacific region, 

including undersea warfare (including submarines), naval 

and maritime, ballistic missile defense, cyber, munitions, 

anti-access area denial, land-force power projection, and intelligence, surveillance, and reconnaissance capabilities. 

(D) An analysis of the willingness and capacity of allies, partners, and regional organizations to contribute to 

the security and stability of the Indo-Asia-Pacific region, 

including potential required adjustments to United States 

military strategy based on that analysis. 

(E) An evaluation of theater security cooperation efforts 

of the United States Pacific Command in the context of current and projected threats, and desired capabilities and 

priorities of the United States and its allies and partners. 

(F) An evaluation of the seams between United States 

Pacific Command and adjacent geographic combatant commands, including an appraisal of the Arctic ambitions of 

actors in the Indo-Asia-Pacific region in the context of current and projected capabilities, and recommendations to 

mitigate the effects of those seams. 

(G) The views of noted policy leaders and regional experts, including military commanders, in the Indo-Asia-Pacific region. 

(b) REPORT.— 

(1) SUBMITTAL TO SECRETARY OF DEFENSE.—Not later than 

180 days after commencing the review under subsection (a), the 

independent organization conducting the review shall submit to 

the Secretary of Defense a report containing the findings of the 

review. The report shall be submitted in unclassified form, but 

may contain an classified annex. 

(2) SUBMITTAL TO CONGRESS.—Not later than 90 days after 

the date of receipt of a report required by paragraph (1), the 

Secretary shall submit to the congressional defense committees 

the report, together with any comments on the report that the 

Secretary considers appropriate. 


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SEC. 1075. ASSESSMENT OF THE JOINT GROUND FORCES OF THE 

ARMED FORCES. 

(a) IN GENERAL.—The Secretary of Defense, in consultation 

with the Chairman of the Joint Chiefs of Staff, the Chief of Staff 

of the Army, and the Commandant of the Marine Corps, shall provide for and oversee an assessment of the joint ground forces of the 

Armed Forces. 

(b) REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on 

Armed Services of the Senate and the House of Representatives a report on the assessment described in subsection (a). The report shall 

include the following: 

(1) A description of any gaps in the capabilities and capacities of the joint ground forces that threaten the successful execution of decisive operational maneuver by the joint ground 

forces. 

(2) Recommendations for actions to be taken to eliminate or 

otherwise address such gaps in capabilities or capacities. 

(3) An assessment by each of the Chief of Staff of the Army 

and the Commandant of the Marine Corps of any specific gaps 

in the capability and capacity of the Army and Marine Corps, 

respectively, that threaten the successful execution of decisive 

operational maneuver. 

Subtitle G—Other Matters 

SEC. 1081. TECHNICAL AND CLERICAL AMENDMENTS. 

(a) TITLE 10, UNITED STATES CODE.—Title 10, United States 

Code, is amended as follows: 

(1) Section 130h is amended by striking ‘‘subsection (a) and 

(b)’’ both places it appears and inserting ‘‘subsections (a) and 

(b)’’. 

(2) Section 187(a)(2)(C) is amended by striking ‘‘Acquisition, Logistics, and Technology’’ and inserting ‘‘Acquisition, 

Technology, and Logistics’’. 

(3) Section 196(c)(1)(A)(ii) is amended by striking ‘‘section 

139(i)’’ and inserting ‘‘section 139(j)’’. 

(4) Subsection (b)(1)(B) of section 1415 is amended by adding a period at the end of clause (ii). 

(5) Section 1705(g)(1) is amended by striking ‘‘of of’’ and inserting ‘‘of’’. 

(6) Section 2222 is amended— 

(A) in subsection (d)(1)(B), by inserting ‘‘to’’ before 

‘‘eliminate’’; 

(B) in subsection (g)(1)(E), by inserting ‘‘the system’’ before ‘‘is in compliance’’; and 

(C) in subsection (i)(5), by striking ‘‘PROGRAM’’ in the 

heading. 

(7) Subsection (d) of section 2431b is amended to read as 

follows: 

‘‘(d) DEFINITIONS.— 

‘‘(1) CONCURRENCY.—The term ‘concurrency’ means, with 

respect to an acquisition strategy, the combination or overlap of 

program phases or activities. 

‘‘(2) MAJOR DEFENSE ACQUISITION PROGRAM AND MAJOR

SYSTEM.—The terms ‘major defense acquisition program’ and 


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‘major system’ have the meanings provided in section 2431a of 

this title.’’. 

(b) AMENDMENTS RELATED TO ELIMINATION OF TITLE 50 AP- PENDIX.— 

(1) MILITARY SELECTIVE SERVICE ACT CITATION CHANGES.— (A) TITLE 10, UNITED STATES CODE.—Title 10, United 

States Code, is amended as follows: 

(i) Section 101(d)(6)(B)(v) is amended by striking 

‘‘(50 U.S.C. App. 460(b)(2))’’ and inserting ‘‘(50 U.S.C. 

3809(b)(2))’’. 

(ii) Section 513(c) is amended— 

(I) by striking ‘‘(50 U.S.C. App. 451 et seq.)’’ 

and inserting ‘‘(50 U.S.C. 3801 et seq.)’’; and 

(II) by inserting ‘‘(50 U.S.C. 3806(c)(2)(A))’’ 

after ‘‘of that Act’’. 

(iii) Section 523(b)(7) is amended by striking ‘‘(50 

U.S.C. App. 460(b)(2))’’ and inserting ‘‘(50 U.S.C. 

3809(b)(2))’’. 

(iv) Section 651(a) is amended by striking ‘‘(50’’ 

and all that follows through ‘‘shall serve’’ and inserting 

‘‘(50 U.S.C. 3806(d)(1))’’. 

(v) Section 671(c)(1) is amended by striking ‘‘(50 

U.S.C. App. 454(a))’’ and inserting ‘‘(50 U.S.C. 

3803(a))’’. 

(vi) Section 1475(a)(5)(B) is amended by striking 

‘‘(50 U.S.C. App. 451 et seq.)’’ and inserting ‘‘(50 U.S.C. 

3801 et seq.)’’. 

(vii) Section 12103 is amended— 

(I) in subsections (b) and (d), by striking ‘‘(50 

U.S.C. App. 451 et seq.)’’ both places it appears 

and inserting ‘‘(50 U.S.C. 3801 et seq.)’’; and 

(II) in subsection (d), by striking ‘‘section 

6(c)(2)(A)(ii) and (iii) of such Act’’ and inserting 

‘‘clauses (ii) and (iii) of section 6(c)(2)(A) of such 

Act (50 U.S.C. 3806(c)(2)(A))’’. 

(viii) Section 12104(a) is amended by striking ‘‘(50 

U.S.C. App. 451 et seq.)’’ both places it appears and inserting ‘‘(50 U.S.C. 3801 et seq.)’’. 

(ix) Section 12208(a) is amended by striking ‘‘(50 

U.S.C. App. 451 et seq.)’’ both places it appears and inserting ‘‘(50 U.S.C. 3801 et seq.)’’. 

(B) TITLE 37, UNITED STATES CODE.—Section 209(a)(1) 

of title 37, United States Code, is amended by striking ‘‘(50 

U.S.C. App. 456(d)(1))’’ and inserting ‘‘(50 U.S.C. 

3806(d)(1))’’. 

(2) SERVICEMEMBERS CIVIL RELIEF ACT CITATION

CHANGES.—Title 10, United States Code, is amended as follows: 

(A) Section 987 is amended— 

(i) in subsection (e)(2), by inserting ‘‘(50 U.S.C. 

3901 et seq.)’’ before the semicolon; and 

(ii) in subsection (g), by striking ‘‘(50 U.S.C. App. 

527)’’ and inserting ‘‘(50 U.S.C. 3937)’’. 

(B) Section 1408(b)(1)(D) is amended by striking ‘‘(50 

U.S.C. App. 501 et seq.)’’ and inserting ‘‘(50 U.S.C. 3901 et 

seq.)’’. 


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(3) EXPORT ADMINISTRATION ACT OF 1979 CITATION

CHANGES.—Title 10, United States Code, is amended as follows: 

(A) Section 130(a) is amended by striking ‘‘(50 U.S.C. 

App. 2401–2420)’’ and inserting ‘‘(50 U.S.C. 4601 et seq.)’’. 

(B) Section 2249a(a)(1) is amended by striking ‘‘(50 

U.S.C. App. 2405(j)(1)(A))’’ and inserting ‘‘(50 U.S.C. 

4605(j)(1)(A))’’. 

(C) Section 2327 is amended— 

(i) in subsection (a), by striking ‘‘(50 U.S.C. App. 

2405(j)(1)(A))’’ and inserting ‘‘(50 U.S.C. 4605(j)(1)(A))’’; 

and 

(ii) in subsection (b)(2), by striking ‘‘(50 U.S.C. 

App. 2405(j)(1)(A))’’ and inserting ‘‘(50 U.S.C. 

4605(j)(1)(A))’’. 

(D) Section 2410i(a) is amended by striking ‘‘(50 U.S.C. 

App. 2402(5)(A))’’ and inserting ‘‘(50 U.S.C. 4602(5)(A))’’. 

(E) Section 7430(e) is amended by striking ‘‘(50 U.S.C. 

App. 2401 et seq.)’’ and inserting ‘‘(50 U.S.C. 4601 et seq.)’’. 

(4) DEFENSE PRODUCTION ACT OF 1950 CITATION CHANGES.— 

Title 10, United States Code, is amended as follows: 

(A) Section 139c is amended— 

(i) in subsection (b)— 

(I) in paragraph (11), by striking ‘‘(50 U.S.C. 

App. 2171)’’ and inserting ‘‘(50 U.S.C. 4567)’’; and 

(II) in paragraph (12)— 

(aa) by striking ‘‘(50 U.S.C. App. 2062(b))’’ 

and inserting ‘‘(50 U.S.C. 4502(b))’’; and 

(bb) by striking ‘‘(50 U.S.C. App. 2061 et 

seq.)’’ and inserting ‘‘(50 U.S.C. 4501 et seq.)’’; 

and 

(ii) in subsection (c), by striking ‘‘(50 U.S.C. App. 

2170(k))’’ and inserting ‘‘(50 U.S.C. 4565(k))’’. 

(B) Section 2537(c) is amended by striking ‘‘(50 U.S.C. 

App. 2170(a))’’ and inserting ‘‘(50 U.S.C. 4565(a))’’. 

(C) Section 9511(6) is amended by striking ‘‘(50 U.S.C. 

App. 2071)’’ and inserting ‘‘(50 U.S.C. 4511)’’. 

(D) Section 9512(e) is amended by striking ‘‘(50 U.S.C. 

App. 2071)’’ and inserting ‘‘(50 U.S.C. 4511)’’. 

(5) MERCHANT SHIP SALES ACT OF 1946 CITATION

CHANGES.—Section 2218 of title 10, United States Code, is 

amended— 

(A) in subsection (c)(1)(E), by striking ‘‘(50 U.S.C. App. 

1744)’’ and inserting ‘‘(50 U.S.C. 4405)’’; and 

(B) in subsection (k)(3)(B), by striking ‘‘(50 U.S.C. App. 

1744)’’ and inserting ‘‘(50 U.S.C. 4405)’’. 

(c) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2016.—Effective as of November 25, 2015, and as if included therein 

as enacted, the National Defense Authorization Act for Fiscal Year 

2016 (Public Law 114–92) is amended as follows: 

(1) Section 563(a) is amended by striking ‘‘Section 5(c)(5)’’ 

and inserting ‘‘Section 5(c)(2)’’. 

(2) Section 804(d)(3) is amended by inserting ‘‘within 5 

business days after such transfer’’ before the period at the end 

of the first sentence. 


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(3) Section 809(e)(2)(A) is amended by striking ‘‘repealed’’ 

and inserting ‘‘rescinded’’. 

(4) Section 883(a)(2) is amended by striking ‘‘such chapter’’ 

and inserting ‘‘chapter 131 of such title’’. 

(5) Section 883 is amended by adding at the end the following new subsection: 

‘‘(f) CONFORMING AMENDMENTS.— ‘‘(1) Effective on the effective date specified in subsection 

(a)(1) of section 901 of the Carl Levin and Howard P. ‘Buck’ 

McKeon National Defense Authorization Act for Fiscal Year 

2015 (Public Law 113–291; 128 Stat. 3462; 10 U.S.C. 132a 

note), section 2222 of title 10, United States Code, is amended— 

‘‘(A) by striking ‘Deputy Chief Management Officer of 

the Department of Defense’ each place it appears in subsections (c)(2), (e)(1), (g)(2)(A), (g)(2)(B)(ii), and (i)(5)(B) and 

inserting ‘Under Secretary of Defense for Business Management and Information’; and 

‘‘(B) by striking ‘Deputy Chief Management Officer’ in 

subsection (f)(1) and inserting ‘Under Secretary of Defense 

for Business Management and Information’. 

‘‘(2) The second paragraph (3) of section 901(k) of such Act 

(Public Law 113–291; 128 Stat. 3468; 10 U.S.C. 2222 note) is 

repealed.’’. 

(6) Section 1079(a) is amended to read as follows: 

‘‘(a) ANNUAL REPORT ON PRIZES FOR ADVANCED TECHNOLOGY

ACHIEVEMENTS.—Section 2374a of title 10, United States Code, is 

amended— 

‘‘(1) by striking subsection (f); and 

‘‘(2) by redesignating subsection (g) as subsection (f).’’. 

(7) Section 1086(f)(11)(A) is amended by striking ‘‘Not later 

than\ one year’’ and inserting ‘‘Not later than one year’’. 

(d) COORDINATION WITH OTHER AMENDMENTS MADE BY THIS

ACT.—For purposes of applying amendments made by provisions of 

this Act other than this section, the amendments made by this section shall be treated as having been enacted immediately before any 

such amendments by other provisions of this Act. 

SEC. 1082. INCREASE IN MAXIMUM AMOUNT AVAILABLE FOR EQUIPMENT, SERVICES, AND SUPPLIES PROVIDED FOR HUMANITARIAN DEMINING ASSISTANCE. 

Section 407(c)(3) of title 10, United States Code, is amended by 

striking ‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’. 

SEC. 1083. LIQUIDATION OF UNPAID CREDITS ACCRUED AS A RESULT 

OF TRANSACTIONS UNDER A CROSS-SERVICING AGREEMENT. 

(a) LIQUIDATION OF UNPAID CREDITS.—Section 2345 of title 10, 

United States Code, is amended by adding at the end the following 

new subsection: 

‘‘(c)(1) Any credits of the United States accrued as a result of 

the provision of logistic support, supplies, and services under the 

authority of this subchapter that remain unliquidated more than 18 

months after the date of delivery of the logistic support, supplies, or 

services may, at the option of the Secretary of Defense, with the concurrence of the Secretary of State, be liquidated by offsetting the 

credits against any amount owed by the Department of Defense, 

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thority of this subchapter, to the government or international organization to which the logistic support, supplies, or services were provided by the United States. 

‘‘(2) The amount of any credits offset pursuant to paragraph (1) 

shall be credited as specified in section 2346 of this title as if it were 

a receipt of the United States.’’. 

(b) EFFECTIVE DATE.—Subsection (c) of section 2345 of title 10, 

United States Code, as added by subsection (a), shall apply with respect to credits accrued by the United States that— 

(1) were accrued prior to, and remain unpaid as of, the 

date of the enactment of this Act; or 

(2) are accrued after the date of the enactment of this Act. 

SEC. 1084. MODIFICATION OF REQUIREMENTS RELATING TO MANAGEMENT OF MILITARY TECHNICIANS. 

(a) CONVERSION OF CERTAIN MILITARY TECHNICIAN (DUAL STATUS) POSITIONS.—Subsection (a) of section 1053 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 

129 Stat. 981; 10 U.S.C. 10216 note) is amended— 

(1) by striking paragraph (1) and inserting the following 

new paragraph (1): 

‘‘(1) IN GENERAL.—By not later than October 1, 2017, the 

Secretary of Defense shall convert not fewer than 20 percent of 

all military technician positions to positions filled by individuals who are employed under section 3101 of title 5, United 

States Code, or section 1601 of title 10, United States Code, and 

are not military technicians. The positions to be converted are 

described in paragraph (2).’’; 

(2) in paragraph (2), by striking ‘‘in the report’’ and all that 

follows and inserting ‘‘by the Army Reserve, the Air Force Reserve, the National Guard Bureau, State adjutants general, and 

the Secretary of Defense in the course of reviewing all military 

technician positions for purposes of implementing this section.’’; 

and 

(3) in paragraph (3), by striking ‘‘may fill’’ and inserting 

‘‘shall fill’’. 

(b) CONVERSION OF ARMY RESERVE, AIR FORCE RESERVE, AND

NATIONAL GUARD NON-DUAL STATUS POSITIONS.—Subsection (e) of 

section 10217 of title 10, United States Code, is amended is amended to read as follows: 

‘‘(e) CONVERSION OF POSITIONS.—(1) No individual may be 

newly hired or employed, or rehired or reemployed, as a non-dual 

status technician for purposes of this section after September 30, 

2017. 

‘‘(2) By not later than October 1, 2017, the Secretary of Defense 

shall convert all non-dual status technicians to positions filled by 

individuals who are employed under section 3101 of title 5 or section 1601 of this title and are not military technicians. 

‘‘(3) In the case of a position converted under paragraph (2) for 

which there is an incumbent employee on October 1, 2017, the Secretary shall fill that position, as converted, with the incumbent employee without regard to any requirement concerning competition or 

competitive hiring procedures. 

‘‘(4) Any individual newly hired or employed, or rehired or employed, to a position required to be filled by reason of paragraph (1) 


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shall an individual employed in such position under section 3101 

of title 5 or section 1601 of this title.’’. 

(c) REPORT ON CONVERSION OF MILITARY TECHNICIAN POSITIONS TO PERSONNEL PERFORMING ACTIVE GUARD AND RESERVE

DUTY.— 

(1) IN GENERAL.—Not later than March 1, 2017, the Secretary of Defense, shall in consultation with the Chief of the National Guard Bureau, submit to the Committees on Armed Services of the Senate and the House of Representatives a report on 

the feasibility and advisability of converting any remaining 

military technicians (dual status) to personnel performing active Guard and Reserve duty under section 328 of title 32, 

United States Code, or other applicable provisions of law. The 

report shall include the following: 

(A) An analysis of the fully-burdened costs of the conversion taking into account the new modernized military retirement system. 

(B) An assessment of the ratio of members of the 

Armed Forces performing active Guard and Reserve duty 

and civilian employees of the Department of Defense under 

title 5, United States Code, required to best contribute to 

the readiness of the National Guard and the Reserves. 

(2) ACTIVE GUARD AND RESERVE DUTY DEFINED.—In this 

subsection, the term ‘‘active Guard and Reserve duty’’ has the 

meaning given that term in section 101(d)(6) of title 10, United 

States Code. 

SEC. 1085. STREAMLINING OF THE NATIONAL SECURITY COUNCIL. 

(a) IN GENERAL.—Section 101 of the National Security Act of 

1947 (50 U.S.C. 3021) is amended to read as follows: 

‘‘SEC. 101. NATIONAL SECURITY COUNCIL. 

‘‘(a) NATIONAL SECURITY COUNCIL.—There is a council known 

as the National Security Council (in this section referred to as the 

‘Council’). 

‘‘(b) FUNCTIONS.—Consistent with the direction of the President, 

the functions of the Council shall be to— 

‘‘(1) advise the President with respect to the integration of 

domestic, foreign, and military policies relating to the national 

security so as to enable the Armed Forces and the other departments and agencies of the United States Government to cooperate more effectively in matters involving the national security; 

‘‘(2) assess and appraise the objectives, commitments, and 

risks of the United States in relation to the actual and potential 

military power of the United States, and make recommendations thereon to the President; and 

‘‘(3) make recommendations to the President concerning 

policies on matters of common interest to the departments and 

agencies of the United States Government concerned with the 

national security. 

‘‘(c) MEMBERSHIP.— 

‘‘(1) IN GENERAL.—The Council consists of the President, 

the Vice President, the Secretary of State, the Secretary of Defense, the Secretary of Energy, and such other officers of the 

United States Government as the President may designate. 


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‘‘(2) ATTENDANCE AND PARTICIPATION IN MEETINGS.—The 

President may designate such other officers of the United States 

Government as the President considers appropriate, including 

the Director of National Intelligence, the Director of National 

Drug Control Policy, and the Chairman of the Joint Chiefs of 

Staff, to attend and participate in meetings of the Council. 

‘‘(d) PRESIDING OFFICERS.—At meetings of the Council, the 

President shall preside or, in the absence of the President, a member 

of the Council designated by the President shall preside. 

‘‘(e) STAFF.— ‘‘(1) IN GENERAL.—The Council shall have a staff headed by 

a civilian executive secretary appointed by the President. 

‘‘(2) STAFF.—Consistent with the direction of the President 

and subject to paragraph (3), the executive secretary may, subject to the civil service laws and chapter 51 and subchapter III 

of chapter 53 of title 5, United States Code, appoint and fix the 

compensation of such personnel as may be necessary to perform 

such duties as may be prescribed by the President in connection 

with performance of the functions of the Council. 

‘‘(3) NUMBER OF PROFESSIONAL STAFF.—The professional 

staff for which this subsection provides shall not exceed 200 

persons, including persons employed by, assigned to, detailed 

to, under contract to serve on, or otherwise serving or affiliated 

with the staff. The limitation in this paragraph does not apply 

to personnel serving substantially in support or administrative 

positions. 

‘‘(f) SPECIAL ADVISOR TO THE PRESIDENT ON INTERNATIONAL

RELIGIOUS FREEDOM.—It is the sense of Congress that there should 

be within the staff of the Council a Special Adviser to the President 

on International Religious Freedom, whose position should be comparable to that of a director within the Executive Office of the President. The Special Adviser should serve as a resource for executive 

branch officials, compiling and maintaining information on the 

facts and circumstances of violations of religious freedom (as defined in section 3 of the International Religious Freedom Act of 

1998 (22 U.S.C. 6402)), and making policy recommendations. The 

Special Adviser should serve as liaison with the Ambassador at 

Large for International Religious Freedom, the United States Commission on International Religious Freedom, Congress and, as advisable, religious nongovernmental organizations.’’. 

(b) EFFECTIVE DATE OF LIMITATION ON NUMBER OF PROFESSIONAL STAFF.—The limitation on the number of professional staff 

of the National Security Council specified in subsection (e)(3) of section 101 of the National Security Act of 1947, as amended by subsection (a) of this section, shall take effect on the date that is 18 

months after the date of the enactment of this Act. 

SEC. 1086. NATIONAL BIODEFENSE STRATEGY. 

(a) STRATEGY AND IMPLEMENTATION PLAN REQUIRED.—The 

Secretary of Defense, the Secretary of Health and Human Services, 

the Secretary of Homeland Security, and the Secretary of Agriculture shall jointly develop a national biodefense strategy and associated implementation plan, which shall include a review and assessment of biodefense policies, practices, programs and initiatives. 

Such Secretaries shall review and, as appropriate, revise the strategy biennially. 


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(b) ELEMENTS.—The strategy and associated implementation 

plan required under subsection (a) shall include each of the following: 

(1) An inventory and assessment of all existing strategies, 

plans, policies, laws, and interagency agreements related to biodefense, including prevention, deterrence, preparedness, detection, response, attribution, recovery, and mitigation. 

(2) A description of the biological threats, including biological warfare, bioterrorism, naturally occurring infectious diseases, and accidental exposures. 

(3) A description of the current programs, efforts, or activities of the United States Government with respect to preventing 

the acquisition, proliferation, and use of a biological weapon, 

preventing an accidental or naturally occurring biological outbreak, and mitigating the effects of a biological epidemic. 

(4) A description of the roles and responsibilities of the Executive Agencies, including internal and external coordination 

procedures, in identifying and sharing information related to, 

warning of, and protection against, acts of terrorism using biological agents and weapons and accidental or naturally occurring biological outbreaks. 

(5) An articulation of related or required interagency capabilities and whole-of-Government activities required to support 

the national biodefense strategy. 

(6) Recommendations for strengthening and improving the 

current biodefense capabilities, authorities, and command 

structures of the United States Government. 

(7) Recommendations for improving and formalizing interagency coordination and support mechanisms with respect to 

providing a robust national biodefense. 

(8) Any other matters the Secretary of Defense, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Agriculture determine necessary. 

(c) SUBMITTAL TO CONGRESS.—Not later than 275 days after 

the date of the enactment of this Act, the Secretary of Defense, the 

Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Agriculture shall submit to the 

appropriate congressional committees the strategy and associated 

implementation plan required by subsection (a). The strategy and 

implementation plan shall be submitted in unclassified form, but 

may include a classified annex. 

(d) BRIEFINGS.—Not later than March 1, 2017, and annually 

thereafter until March 1, 2019, the Secretary of Defense, the Secretary of Health and Human Services, the Secretary of Homeland 

Security, and the Secretary of Agriculture shall provide to the Committee on Armed Services of the House of Representatives, the Committee on Energy and Commerce of the House of Representatives, 

the Committee on Homeland Security of the House of Representatives, and the Committee on Agriculture of the House of Representatives a joint briefing on the strategy developed under subsection (a) 

and the status of the implementation of such strategy. 

(e) GAO REVIEW.—Not later than 180 days after the date of the 

submittal of the strategy and implementation plan under subsection 

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view of the strategy and implementation plan to analyze gaps and 

resources mapped against the requirements of the National Biodefense Strategy and existing United States biodefense policy documents. 

(f) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ means 

the following: 

(1) The congressional defense committees. 

(2) The Committee on Energy and Commerce of the House 

of Representatives and the Committee on Health, Education, 

Labor, and Pensions of the Senate. 

(3) The Committee on Homeland Security of the House of 

Representatives and the Committee on Homeland Security and 

Governmental Affairs of the Senate. 

(4) The Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and 

Forestry of the Senate. 

SEC. 1087. GLOBAL CULTURAL KNOWLEDGE NETWORK. 

(a) PROGRAM AUTHORIZED.—The Secretary of the Army shall 

carry out a program to support the socio-cultural understanding 

needs of the Department of the Army, to be known as the Global 

Cultural Knowledge Network. 

(b) GOALS.—The Global Cultural Knowledge Network shall support the following goals: 

(1) Provide socio-cultural analysis support to any unit deployed, or preparing to deploy, to an exercise or operation in the 

assigned region of responsibility of the unit being supported. 

(2) Make recommendations or support policy or doctrine development to increase the social science expertise of military and 

civilian personnel of the Department of the Army. 

(3) Provide reimbursable support to other military departments or Federal agencies if requested through an operational 

needs request process. 

(c) ELEMENTS OF THE PROGRAM.—The Global Cultural Knowledge Network shall include the following elements: 

(1) A center in the continental United States (referred to in 

this section as a ‘‘reach-back center’’) to support requests for information, research, and analysis. 

(2) Outreach to academic institutions and other Federal 

agencies involved in social science research to increase the network of resources for the reach-back center. 

(3) Training with operational units during annual training 

exercises or during pre-deployment training. 

(4) The training, contracting, and human resources capacity to rapidly respond to contingencies in which social science 

expertise is requested by operational commanders through an 

operational needs request process. 

(d) DIRECTIVE REQUIRED.—The Secretary of the Army shall 

issue a directive within one year after the date of the enactment of 

this Act for the governance of the Global Cultural Knowledge Network, including oversight and process controls for auditing the activities of personnel of the Network, the employment of the Global 

Cultural Knowledge Network by operational forces, and processes 

for requesting support by operational Army units and other Department of Defense and Federal entities. 


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(e) PROHIBITION ON DEPLOYMENTS UNDER GLOBAL CULTURAL

KNOWLEDGE NETWORK.— (1) PROHIBITION.—The Secretary of the Army may not deploy social scientists of the Global Cultural Knowledge Network 

in a conflict zone. 

(2) WAIVER.—The Secretary of the Army may waive the prohibition in paragraph (1) if the Secretary submits, at least 10 

days before the deployment, to the Committees on Armed Services of the House of Representatives and the Senate— 

(A) notice of the waiver; and 

(B) a certification that there is a compelling national 

security interest for the deployment or there will be a benefit to the safety and welfare of members of the Armed 

Forces from the deployment. 

(3) ELEMENTS OF WAIVER NOTICE.—A waiver notice under 

this subsection also shall include the following: 

(A) The operational unit, or units, requesting support, 

including the location or locations where the social scientists are to be deployed. 

(B) The number of Global Cultural Knowledge Network 

personnel to be deployed and the anticipated duration of 

such deployments. 

(C) The anticipated resource needs for such deployment. 

SEC. 1088. SENSE OF CONGRESS REGARDING CONNECTICUT’S SUBMARINE CENTURY. 

(a) FINDINGS.—Congress makes the following findings: 

(1) On March 2, 1867, Congress enacted a naval appropriations Act that authorized the Secretary of the Navy to ‘‘receive 

and accept a deed of gift, when offered by the State of Connecticut, of a tract of land with not less than one mile of shore 

front on the Thames River near New London, Connecticut, to be 

held by the United States for naval purposes’’. 

(2) The people of Connecticut and the towns and cities in 

the southeastern region of Connecticut subsequently gifted land 

to establish a military installation to fulfil the Nation’s need for 

a naval facility on the Atlantic coast. 

(3) On April 11, 1868, the Navy accepted the deed of gift 

of land from Connecticut to establish a naval yard and storage 

depot along the eastern shore of the Thames River in Groton, 

Connecticut. 

(4) Between 1868 and 1912, the New London Navy Yard 

supported a diverse range of missions, including berthing inactive Civil War era ironclad warships and serving as a coaling 

station for refueling naval ships traveling in New England 

waters. 

(5) Congress rejected the Navy’s proposal to close New London Navy Yard in 1912, following an impassioned effort by 

Congressman Edwin W. Higgins, who stated that ‘‘this action 

proposed is not only unjust but unreasonable and unsound as 

a military proposition’’. 

(6) The outbreak of World War I and the enemy use of submarines to sink allied military and civilian ships in the Atlantic sparked a new focus on developing submarine capabilities in 

the United States. 


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(7) October 18, 1915, marked the arrival at the New London Navy Yard of the submarines G–1, G–2, and G–4 under the 

care of the tender USS Ozark and the arrival of submarines E– 

1, D–1, and D–3 under the care of the tender USS Tonopah. 

November 1, 1915, marked the arrival of the first ship built as 

a submarine tender, the USS Fulton (AS–1). 

(8) On June 21, 1916, Commander Yeates Stirling assumed 

the command of the newly designated Naval Submarine Base 

New London, the New London Submarine Flotilla, and the 

Submarine School. 

(9) In the 100 years since the arrival of the first submarines 

to the base, Naval Submarine Base New London has grown to 

occupy more than 680 acres along the east side of the Thames 

River, with more than 160 major facilities, 15 nuclear submarines, and more than 70 tenant commands and activities, including the Submarine Learning Center, Naval Submarine 

School, the Naval Submarine Medical Research Laboratory, the 

Naval Undersea Medical Institute, and the newly established 

Undersea Warfighting Development Center. 

(10) In addition to being the site of the first submarine base 

in the United States, Connecticut was home to the foremost submarine manufacturers of the time, the Lake Torpedo Boat Company in Bridgeport and the Electric Boat Company in Groton, 

which later became General Dynamics Electric Boat. 

(11) General Dynamics Electric Boat, its talented workforce, 

and its Connecticut-based and nationwide network of suppliers 

have delivered more than 200 submarines from its current location in Groton, Connecticut, including the first nuclear-powered 

submarine, the USS Nautilus (SSN 571), and nearly half of the 

nuclear submarines ever built by the United States. 

(12) The Submarine Force Museum, located adjacent to 

Naval Submarine Base New London in Groton, Connecticut, is 

the only submarine museum operated by the United States 

Navy and today serves as the primary repository for artifacts, 

documents, and photographs relating to the bold and courageous history of the Submarine Force and highlights as its core 

exhibit the Historic Ship Nautilus (SSN 571) following her retirement from service. 

(13) Reflecting the close ties between Connecticut and the 

Navy that began with the gift of land that established the base, 

the State of Connecticut has set aside $40,000,000 in funding 

for critical infrastructure investments to support the mission of 

the base, including construction of a new dive locker building, 

expansion of the Submarine Learning Center, and modernization of energy infrastructure. 

(14) On September 29, 2015, Connecticut Governor Dannel 

Malloy designated October 2015 through October 2016 as Connecticut’s Submarine Century, a year-long observance that celebrates 100 years of submarine activity in Connecticut, including 

the Town of Groton’s distinction as the Submarine Capital of 

the World, to coincide with the centennial anniversary of the establishment of Naval Submarine Base New London and the 

Naval Submarine School. 

(15) Whereas Naval Submarine Base New London still 

proudly proclaims its motto of ‘‘The First and Finest’’. 


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(16) Congressman Higgins’ statement before Congress in 

1912 that ‘‘Connecticut stands ready, as she always has, to bear 

her part of the burdens of the national defense’’ remains true 

today. 

(b) SENSE OF CONGRESS.—Congress— 

(1) commends the longstanding dedication and contribution 

to the Navy and submarine force by the people of Connecticut, 

both through the initial deed of gift that established what 

would become Naval Submarine Base New London and 

through their ongoing commitment to support the mission of the 

base and the Navy personnel assigned to it; 

(2) honors the submariners who have trained and served at 

Naval Submarine Base New London throughout its history in 

support of the Nation’s security and undersea superiority; 

(3) recognizes the contribution of the industry and workforce of Connecticut in designing, building, and sustaining the 

Navy’s submarine fleet; and 

(4) encourages the recognition of Connecticut’s Submarine 

Century by Congress, the Navy, and the American people by 

honoring the contribution of the people of Connecticut to the defense of the United States and the important role of the submarine force in safeguarding the security of the United States 

for more than a century. 

SEC. 1089. SENSE OF CONGRESS REGARDING THE REPORTING OF THE 

MV–22 MISHAP IN MARANA, ARIZONA, ON APRIL 8, 2000. 

It is the sense of Congress that— 

(1) in the report accompanying H.R. 1735 of the 114th Congress (House Report 114–102), the Committee on Armed Services of the House of Representatives encouraged the Secretary of 

Defense to ‘‘publicly clarify the causes of the MV-22 mishap at 

Marana Northwest Regional Airport, Arizona, in a way consistent with the results of all investigations as soon as possible’’; 

(2) the Deputy Secretary of Defense Robert O. Work did an 

excellent job reviewing the investigations of such mishap and 

concluded that there was a misrepresentation of facts by the 

media which incorrectly identified pilot error as the cause of the 

mishap which the Deputy Secretary publicly made known in 

March 2016; and 

(3) Congress is grateful for the successful conclusion to this 

tragic situation. 

SEC. 1090. COST OF WARS. 

The Secretary of Defense, in consultation with the Commissioner of the Internal Revenue Service and the Director of the Bureau of Economic Analysis, shall post on the public Internet website 

of the Department of Defense the costs to each United States taxpayer of each of the wars in Afghanistan, Iraq, and Syria. 

SEC. 1091. RECONNAISSANCE STRIKE GROUP MATTERS. 

(a) MODELING OF ALTERNATIVE ARMY DESIGN AND OPERATIONAL CONCEPT.— 

(1) ANALYSES REQUIRED.—The Chairman of the Joint 

Chiefs of Staff and the Chief of Staff of the Army, in consultation with the commanding general of the United States European Command, shall each conduct a separate analysis of alternative Army operational concepts and organizational designs, 


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known as the Reconnaissance Strike Group, as recommended by 

the National Commission on the Future of the United States 

Army. 

(2) ASSESSMENT OF ANALYSES.— The Chairman of the 

Joint Chiefs of Staff and Chief of Staff of the Army shall then 

each separately assess the operational merits, feasible force mix 

under programmed end-strength, estimated costs for assessed 

potential force structure changes, and strategic force sufficiency 

and risk of each analysis conducted under paragraph (1). 

(b) REPORTS REQUIRED.—Not later than one year after the date 

of the enactment of this Act, the Chairman of the Joint Chiefs of 

Staff and the Chief of Staff of the Army shall each submit to the 

Committees on Armed Services of the Senate and House of Representatives a separate report on the alternative designs and operational concepts analyzed under subsection (a)(1). Each such report 

shall include an assessment of the merits and sufficiency of such designs and concepts, the potential for future experimentation (such as 

a follow-on pilot program), and the recommendation of the Chairman and Chief of Staff, as the case may be, regarding the Reconnaissance Strike Group. 

(c) INDEPENDENT ASSESSMENTS REQUIRED.—Before submittal 

of the reports required under subsection (b), the Chairman of the 

Joint Chiefs of Staff and the Chief of Staff of the Army shall each 

select a Federally Funded Research and Development Center to review and evaluate each report. The review and evaluation of each 

report shall be submitted to the Committees on Armed Services of 

the Senate and House of Representatives together with the reports 

under subsection (b). 

SEC. 1092. BORDER SECURITY METRICS. 

(a) DEFINITIONS.—In this section: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and 

(B) the Committee on Homeland Security of the House 

of Representatives. 

(2) CONSEQUENCE DELIVERY SYSTEM.—The term ‘‘Consequence Delivery System’’ means the series of consequences applied by U.S. Border Patrol in collaboration with other Federal 

agencies to persons unlawfully entering the United States, in 

order to prevent unlawful border crossing recidivism. 

(3) GOT AWAY.—The term ‘‘got away’’ means an unlawful 

border crosser who— 

(A) is directly or indirectly observed making an unlawful entry into the United States; 

(B) is not apprehended; and 

(C) is not a turn back. 

(4) KNOWN MARITIME MIGRANT FLOW.—The term ‘‘known 

maritime migrant flow’’ means the sum of the number of undocumented migrants— 

(A) interdicted in the waters over which the United 

States has jurisdiction; 

(B) identified at sea either directly or indirectly, but 

not interdicted; 


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(C) if not described in subparagraph (A) or (B), who 

were otherwise reported, with a significant degree of certainty, as having entered, or attempted to enter, the United 

States through the maritime border. 

(5) MAJOR VIOLATOR.—The term ‘‘major violator’’ means a 

person or entity that has engaged in serious criminal activities 

at any land, air, or sea port of entry, including the following: 

(A) Possession of illicit drugs. 

(B) Smuggling of prohibited products. 

(C) Human smuggling. 

(D) Possession of illegal weapons. 

(E) Use of fraudulent documents. 

(F) Any other offense that is serious enough to result in 

an arrest. 

(6) SECRETARY.—The term ‘‘the Secretary’’ means the Secretary of Homeland Security. 

(7) SITUATIONAL AWARENESS.—The term ‘‘situational 

awareness’’ means knowledge and understanding of current unlawful cross-border activity, including the following: 

(A) Threats and trends concerning illicit trafficking 

and unlawful crossings. 

(B) The ability to forecast future shifts in such threats 

and trends. 

(C) The ability to evaluate such threats and trends at 

a level sufficient to create actionable plans. 

(D) The operational capability to conduct persistent 

and integrated surveillance of the international borders of 

the United States. 

(8) TRANSIT ZONE.—The term ‘‘transit zone’’ means the sea 

corridors of the western Atlantic Ocean, the Gulf of Mexico, the 

Caribbean Sea, and the eastern Pacific Ocean through which 

undocumented migrants and illicit drugs transit, either directly 

or indirectly, to the United States. 

(9) TURN BACK.—The term ‘‘turn back’’ means an unlawful 

border crosser who, after making an unlawful entry into the 

United States, responds to United States enforcement efforts by 

returning promptly to the country from which such crosser entered. 

(10) UNLAWFUL BORDER CROSSING EFFECTIVENESS RATE.— 

The term ‘‘unlawful border crossing effectiveness rate’’ means 

the percentage that results from dividing the number of apprehensions and turn backs by the sum of the number of apprehensions, estimated undetected unlawful entries, turn backs, and 

got aways. 

(11) UNLAWFUL ENTRY.—The term ‘‘unlawful entry’’ means 

an unlawful border crosser who enters the United States and 

is not apprehended by a border security component of the Department of Homeland Security. 

(b) METRICS FOR SECURING THE BORDER BETWEEN PORTS OF

ENTRY.— 

(1) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this section, the Secretary shall develop 

metrics, informed by situational awareness, to measure the effectiveness of security between ports of entry. The Secretary 


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shall annually implement the metrics developed under this subsection, which shall include the following: 

(A) Estimates, using alternative methodologies where 

appropriate, including recidivism data, survey data, 

known-flow data, and technologically-measured data, of the 

following: 

(i) The rate of apprehension of attempted unlawful 

border crossers. 

(ii) The number of detected unlawful entries. 

(iii) The number of estimated undetected unlawful 

entries. 

(iv) Turn backs. 

(v) Got aways. 

(B) A measurement of situational awareness achieved 

in each U.S. Border Patrol sector. 

(C) An unlawful border crossing effectiveness rate in 

each U.S. Border Patrol sector. 

(D) A probability of detection rate, which compares the 

estimated total unlawful border crossing attempts not detected by U.S. Border Patrol to the unlawful border crossing effectiveness rate under subparagraph (C), as informed 

by subparagraph (A). 

(E) The number of apprehensions in each U.S. Border 

Patrol sector. 

(F) The number of apprehensions of unaccompanied 

alien children, and the nationality of such children, in each 

U.S. Border Patrol sector. 

(G) The number of apprehensions of family units, and 

the nationality of such family units, in each U.S. Border 

Patrol sector. 

(H) An illicit drugs seizure rate for drugs seized by 

U.S. Border Patrol between ports of entry, which compares 

the ratio of the amount and type of illicit drugs seized between ports of entry in any fiscal year to the average of the 

amount and type of illicit drugs seized between ports of 

entry in the immediately preceding five fiscal years. 

(I) Estimates of the impact of the Consequence Delivery 

System on the rate of recidivism of unlawful border crossers over multiple fiscal years. 

(J) An examination of each consequence under the Consequence Delivery System referred to in subparagraph (I), 

including the following: 

(i) Voluntary return. 

(ii) Warrant of arrest or notice to appear. 

(iii) Expedited removal. 

(iv) Reinstatement of removal. 

(v) Alien transfer exit program. 

(vi) Criminal consequence program. 

(vii) Standard prosecution. 

(viii) Operation Against Smugglers Initiative on 

Safety and Security. 

(2) METRICS CONSULTATION.—To ensure that authoritative 

data sources are utilized in the development of the metrics described in paragraph (1), the Secretary shall— 


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(A) consult with the heads of the appropriate components of the Department of Homeland Security; and 

(B) where appropriate, with the heads of other agencies, including the Office of Refugee Resettlement of the Department of Health and Human Services and the Executive 

Office for Immigration Review of the Department of Justice. 

(3) MANNER OF COLLECTION.—The data collected to inform 

the metrics developed in accordance with paragraph (1) shall be 

collected and reported in a consistent and standardized manner 

across all U.S. Border Patrol sectors, informed by situational 

awareness. 

(c) METRICS FOR SECURING THE BORDER AT PORTS OF ENTRY.— 

(1) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this section, the Secretary shall develop 

metrics, informed by situational awareness, to measure the effectiveness of security at ports of entry. The Secretary shall annually implement the metrics developed under this subsection, 

which shall include the following: 

(A) Estimates, using alternative methodologies where 

appropriate, including recidivism data, survey data, and 

randomized secondary screening data, of the following: 

(i) Total inadmissible travelers who attempt to, or 

successfully, enter the United States at a port of entry. 

(ii) The rate of refusals and interdictions for travelers who attempt to, or successfully, enter the United 

States at a port of entry. 

(iii) The number of unlawful entries at a port of 

entry. 

(B) The amount and type of illicit drugs seized by the 

Office of Field Operations of U.S. Customs and Border Protection at ports of entry during the previous fiscal year. 

(C) An illicit drugs seizure rate for drugs seized by the 

Office of Field Operations, which compares the ratio of the 

amount and type of illicit drugs seized by the Office of 

Field Operations in any fiscal year to the average of the 

amount and type of illicit drugs seized by the Office of 

Field Operations in the immediately preceding five fiscal 

years. 

(D) The number of infractions related to travelers and 

cargo committed by major violators who are interdicted by 

the Office of Field Operations at ports of entry, and the estimated number of such infractions committed by major violators who are not so interdicted. 

(E) In consultation with the heads of the Office of National Drug Control Policy and the United States Southern 

Command, a cocaine seizure effectiveness rate, which is the 

percentage resulting from dividing the amount of cocaine 

seized by the Office of Field Operations by the total estimated cocaine flow rate at ports of entry along the United 

States land border with Mexico and Canada. 

(F) A measurement of how border security operations 

affect crossing times, including the following: 

(i) A wait time ratio that compares the average 

wait times to total commercial and private vehicular 

traffic volumes at each land port of entry. 


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(ii) An infrastructure capacity utilization rate that 

measures traffic volume against the physical and staffing capacity at each land port of entry. 

(iii) A secondary examination rate that measures 

the frequency of secondary examinations at each land 

port of entry. 

(iv) An enforcement rate that measures the effectiveness of such secondary examinations at detecting 

major violators. 

(G) A seaport scanning rate that includes the following: 

(i) The number of all cargo containers that are 

considered potentially ‘‘high-risk’’, as determined by the 

Executive Assistant Commissioner of the Office of Field 

Operations. 

(ii) A comparison of the number of potentially 

high-risk cargo containers scanned by the Office of 

Field Operations at each sea port of entry during a fiscal year to the total number of high-risk cargo containers entering the United States at each such sea port 

of entry during the previous fiscal year. 

(iii) The number of potentially high-risk cargo containers scanned upon arrival at a United States sea 

port of entry. 

(iv) The number of potentially high-risk cargo containers scanned before arrival at a United States sea 

port of entry. 

(2) METRICS CONSULTATION.—To ensure that authoritative 

data sources are utilized in the development of the metrics described in paragraph (1), the Secretary shall— 

(A) consult with the heads of the appropriate components of the Department of Homeland Security; and 

(B) where appropriate, work with heads of other appropriate agencies, including the Office of Refugee Resettlement of the Department of Health and Human Services and 

the Executive Office for Immigration Review of the Department of Justice. 

(3) MANNER OF COLLECTION.—The data collected to inform 

the metrics developed in accordance with paragraph (1) shall be 

collected and reported in a consistent and standardized manner 

across all United States ports of entry, informed by situational 

awareness. 

(d) METRICS FOR SECURING THE MARITIME BORDER.— 

(1) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this section, the Secretary shall develop 

metrics, informed by situational awareness, to measure the effectiveness of security in the maritime environment. The Secretary shall annually implement the metrics developed under 

this subsection, which shall include the following: 

(A) Situational awareness achieved in the maritime environment. 

(B) A known maritime migrant flow rate. 

(C) An illicit drugs removal rate for drugs removed inside and outside of a transit zone, which compares the 

amount and type of illicit drugs removed, including drugs 

abandoned at sea, by the maritime security components of 


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the Department of Homeland Security in any fiscal year to 

the average of the amount and type of illicit drugs removed 

by such maritime components for the immediately preceding five fiscal years. 

(D) In consultation with the heads of the Office of National Drug Control Policy and the United States Southern 

Command, a cocaine removal effectiveness rate for cocaine 

removed inside a transit zone and outside a transit zone, 

which compares the amount of cocaine removed by the maritime security components of the Department of Homeland 

Security by the total documented cocaine flow rate, as contained in Federal drug databases. 

(E) A response rate, which compares the ability of the 

maritime security components of the Department of Homeland Security to respond to and resolve known maritime 

threats, whether inside or outside a transit zone, by placing 

assets on-scene, to the total number of events with respect 

to which the Department has known threat information. 

(F) An intergovernmental response rate, which compares the ability of the maritime security components of the 

Department of Homeland Security or other United States 

Government entities to respond to and resolve actionable 

maritime threats, whether inside or outside a transit zone, 

with the number of such threats detected. 

(2) METRICS CONSULTATION.—To ensure that authoritative 

data sources are utilized in the development of the metrics described in paragraph (1), the Secretary shall— 

(A) consult with the heads of the appropriate components of the Department of Homeland Security; and 

(B) where appropriate, work with the heads of other 

agencies, including the Drug Enforcement Agency, the Department of Defense, and the Department of Justice. 

(3) MANNER OF COLLECTION.—The data used by the Secretary shall be collected and reported in a consistent and standardized manner by the maritime security components of the Department of Homeland Security, informed by situational awareness. 

(e) AIR AND MARINE SECURITY METRICS IN THE LAND DOMAIN.— 

(1) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this section, the Secretary shall develop 

metrics, informed by situational awareness, to measure the effectiveness of the aviation assets and operations of Air and Marine Operations of U.S. Customs and Border Protection. The 

Secretary shall annually implement the metrics developed 

under this subsection, which shall include the following: 

(A) A flight hour effectiveness rate, which compares Air 

and Marine Operations flight hours requirements to the 

number of flight hours flown by Air and Marine Operations. 

(B) A funded flight hour effectiveness rate, which compares the number of funded flight hours appropriated to 

Air and Marine Operations to the number of actual flight 

hours flown by Air and Marine Operations. 


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(C) A readiness rate, which compares the number of 

aviation missions flown by Air and Marine Operations to 

the number of aviation missions cancelled by Air and Marine Operations due to maintenance, operations, or other 

causes. 

(D) The number of missions cancelled by Air and Marine Operations due to weather compared to the total 

planned missions. 

(E) The number of individuals detected by Air and Marine Operations through the use of unmanned aerial systems and manned aircraft. 

(F) The number of apprehensions assisted by Air and 

Marine Operations through the use of unmanned aerial 

systems and manned aircraft. 

(G) The number and quantity of illicit drug seizures 

assisted by Air and Marine Operations through the use of 

unmanned aerial systems and manned aircraft. 

(H) The number of times that actionable intelligence related to border security was obtained through the use of unmanned aerial systems and manned aircraft. 

(2) METRICS CONSULTATION.—To ensure that authoritative 

data sources are utilized in the development of the metrics described in paragraph (1), the Secretary shall— 

(A) consult with the heads of the appropriate components of the Department of Homeland Security; and 

(B) as appropriate, work with the heads of other departments and agencies, including the Department of Justice. 

(3) MANNER OF COLLECTION.—The data collected to inform 

the metrics developed in accordance with paragraph (1) shall be 

collected and reported in a consistent and standardized manner 

by Air and Marine Operations, informed by situational awareness. 

(f) DATA TRANSPARENCY.—The Secretary shall— 

(1) in accordance with applicable privacy laws, make data 

related to apprehensions, inadmissible aliens, drug seizures, 

and other enforcement actions available to the public, law enforcement communities, and academic research communities; 

and 

(2) provide the Office of Immigration Statistics of the Department of Homeland Security with unfettered access to the 

data referred to in paragraph (1). 

(g) EVALUATION BY THE GOVERNMENT ACCOUNTABILITY OFFICE

AND THE SECRETARY.— 

(1) METRICS REPORT.— 

(A) MANDATORY DISCLOSURES.—The Secretary shall 

submit to the appropriate congressional committees and the 

Comptroller General of the United States an annual report 

containing the metrics required under this section and the 

data and methodology used to develop such metrics. 

(B) PERMISSIBLE DISCLOSURES.—The Secretary, for the 

purpose of validation and verification, may submit the annual report described in subparagraph (A) to— 


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(i) the Center for Borders, Trade, and Immigration 

Research of the Centers of Excellence network of the 

Department of Homeland Security; 

(ii) the head of a national laboratory within the 

Department of Homeland Security laboratory network 

with prior expertise in border security; and 

(iii) a Federally Funded Research and Development Center. 

(2) GAO REPORT.—Not later than 270 days after receiving 

the first report under paragraph (1)(A) and biennially thereafter 

for the following ten years with respect to every other such report, the Comptroller General of the United States shall submit 

to the appropriate congressional committees a report that— 

(A) analyzes the suitability and statistical validity of 

the data and methodology contained in each such report; 

and 

(B) includes recommendations on— 

(i) the feasibility of other suitable metrics that may 

be used to measure the effectiveness of border security; 

and 

(ii) improvements that need to be made to the 

metrics being used to measure the effectiveness of border security. 

(3) STATE OF THE BORDER REPORT.—Not later than 60 days 

after the end of each fiscal year through fiscal year 2026, the 

Secretary shall submit to the appropriate congressional committees a ‘‘State of the Border’’ report that— 

(A) provides trends for each metric under this section 

for the last ten fiscal years, to the greatest extent possible; 

(B) provides selected analysis into related aspects of illegal flow rates, including undocumented migrant flows 

and stock estimation techniques; 

(C) provides selected analysis into related aspects of 

legal flow rates; and 

(D) includes any other information that the Secretary 

determines appropriate. 

(4) METRICS UPDATE.— (A) IN GENERAL.—After submitting the tenth report to 

the Comptroller General under paragraph (1), the Secretary 

may reevaluate and update any of the metrics developed in 

accordance with this section to ensure that such metrics are 

suitable to measure the effectiveness of border security. 

(B) CONGRESSIONAL NOTIFICATION.—Not later than 30 

days before updating the metrics pursuant to subparagraph 

(A), the Secretary shall notify the appropriate congressional 

committees of such updates. 

SEC. 1093. PROGRAM TO COMMEMORATE THE 100TH ANNIVERSARY OF 

THE TOMB OF THE UNKNOWN SOLDIER. 

(a) COMMEMORATIVE PROGRAM.— 

(1) IN GENERAL.—The Secretary of Defense shall conduct a 

program to commemorate the 100th anniversary of the Tomb of 

the Unknown Soldier. In conducting the commemorative program, the Secretary shall coordinate, support, and facilitate 

other programs and activities of the Federal Government and 

State and local governments. 


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(2) WORK WITH NONGOVERNMENTAL ORGANIZATIONS.—In 

conducting the commemorative program, the Secretary may 

work with nongovernmental organizations working to support 

the commemoration of the Tomb of the Unknown Soldier. No 

public funds may be used to undertake activities sponsored by 

such organizations. 

(b) SCHEDULE.—The Secretary shall determine the schedule of 

major events and priority of efforts for the commemorative program 

in order to ensure achievement of the objectives specified in subsection (c). 

(c) COMMEMORATIVE ACTIVITIES AND OBJECTIVES.—The commemorative program may include activities and ceremonies to 

achieve the following objectives: 

(1) To honor America’s commitment to never forget or forsake those who served and sacrificed for our Country, including 

personnel who were held as prisoners of war or listed as missing in action, and to thank and honor the families of these veterans. 

(2) To highlight the service of the Armed Forces in times of 

war or armed conflict and contributions of Federal agencies 

and governmental and nongovernmental organizations that 

served with, or in support of, the Armed Forces. 

(3) To pay tribute to the contributions made on the home 

front by the people of the United States in times of war or 

armed conflict. 

(4) To educate the American Public about service and sacrifice on behalf of the United States of America and the principles that define and unite us. 

(5) To recognize the contributions and sacrifices made by 

the allies of the United States during times of war or armed 

conflict. 

(d) NAMES AND SYMBOLS.—The Secretary shall have the sole 

and exclusive right to use the name ‘‘The United States of America 

Tomb of the Unknown Soldier Commemoration’’, and such seal, emblems, and badges incorporating such name as the Secretary may 

lawfully adopt. Nothing in this section may be construed to supersede rights that are established or vested before the date of the enactment of this Act. 

(e) COMMEMORATION FUND.— 

(1) IN GENERAL.—Upon the establishment of the commemorative program under subsection (a), the Secretary of the Treasury shall establish in the Treasury of the United States an account to be known as the ‘‘Tomb of the Unknown Soldier Commemoration Fund’’ (in this subsection referred to as the 

‘‘Fund’’). The Fund shall be administered by the Secretary of 

Defense. 

(2) DEPOSITS.—There shall be deposited into the Fund the 

following: 

(A) Amounts appropriated to the Fund. 

(B) Proceeds derived from the use by the Secretary of 

Defense of the exclusive rights described in subsection (d). 

(C) Donations made in support of the commemorative 

program by private and corporate donors. 


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(D) Funds transferred to the Fund by the Secretary of 

Defense from funds appropriated for fiscal year 2017 and 

subsequent years for the Department of Defense. 

(3) USE OF FUND.—The Secretary of Defense shall use the 

assets of the Fund only for the purpose of conducting the commemorative program. The Secretary shall prescribe such regulations regarding the use of the Fund as the Secretary considers 

appropriate. 

(4) AVAILABILITY.—Amounts deposited under paragraph (2) 

shall constitute the assets of the Fund and remain available 

until expended. 

(5) BUDGET REQUEST.—The Secretary of Defense may establish a separate budget line for the commemorative program. In 

the budget justification materials submitted by the Secretary in 

support of the budget of the President for any fiscal year for 

which the Secretary establishes the separate budget line (as 

submitted to Congress pursuant to section 1105 of title 31, 

United States Code), the Secretary shall— 

(A) identify and explain any amounts expended for the 

commemorative program in the fiscal year preceding the 

budget request; 

(B) identify and explain the amounts being requested to 

support the commemorative program for the fiscal year of 

the budget request; and 

(C) present a summary of the fiscal status of the Fund. 

(f) ACCEPTANCE OF VOLUNTARY SERVICES.— 

(1) AUTHORITY TO ACCEPT SERVICES.—Notwithstanding section 1342 of title 31, United States Code, the Secretary of Defense may accept from any person voluntary services to be provided in furtherance of the commemorative program. The Secretary shall prohibit the solicitation of any voluntary services if 

the nature or circumstances of such solicitation would compromise the integrity or the appearance of integrity of any program of the Department of Defense or of any individual involved in the program. 

(2) REIMBURSEMENT OF INCIDENTAL EXPENSES.—The Secretary may provide for reimbursement of incidental expenses incurred by a person providing voluntary services under this subsection. The Secretary shall determine which expenses are eligible for reimbursement under this paragraph. 

(g) FINAL REPORT.—Not later than 60 days after the end of the 

commemorative program, if established by the Secretary of Defense 

under subsection (a), the Secretary shall submit to Congress a report containing an accounting of the following: 

(1) All of the funds deposited into and expended from the 

Tomb of the Unknown Soldier Commemoration Fund. 

(2) Any other funds expended under this section. 

(3) Any unobligated funds remaining in the Fund. 

SEC. 1094. SENSE OF CONGRESS REGARDING THE OCONUS BASING OF 

THE KC–46A AIRCRAFT. 

(a) FINDING.—Congress finds that the Department of Defense is 

continuing its process of permanently stationing the KC–46A aircraft at installations in the Continental United States (in this section referred to as ‘‘CONUS’’) and forward-basing outside the Continental United States (in this section referred to as ‘‘OCONUS’’). 


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(b) SENSE OF CONGRESS.—It is the sense of Congress that the 

Secretary of the Air Force, as part of the strategic basing process for 

the KC–46A aircraft, should continue to place emphasis on and consider the benefits derived from outside the continental United States 

(OCONUS) locations that— 

(1) support day-to-day air refueling operations, combatant 

commander operations plans, and flexibility for contingency 

ops, and have— 

(A) a strategic location that is essential to the defense 

of the United States and its interests; 

(B) receivers for boom or probe-and-drogue training opportunities with joint and international partners; and 

(C) sufficient airfield and airspace availability and capacity to meet requirements; and 

(2) possess facilities that— 

(A) take full advantage of existing infrastructure to 

provide— 

(i) runway, hangars, and aircrew and maintenance 

operations; and 

(ii) sufficient fuels receipt, storage, and distribution for 5-day peacetime operating stock; and 

(B) minimize overall construction and operational 

costs. 

SEC. 1095. DESIGNATION OF A DEPARTMENT OF DEFENSE STRATEGIC 

ARCTIC PORT. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that the 

Arctic is a region of growing strategic importance to the national security interest of the United States and that the Department of Defense must better align its posture and capabilities to meet the growing array of challenges in the region. 

(b) ARCTIC DEFINED.—In this section, the term ‘‘Arctic’’ has the 

meaning given that term in section 112 of the Arctic Research and 

Policy Act of 1984 (15 U.S.C. 4111). 

(c) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, the Commanding General of the United States Army Corps of Engineers, the 

Commandant of the Coast Guard, and the Administrator of the 

Maritime Administration, shall submit to the congressional defense 

committees a report containing an assessment of the future security 

requirements for one or more strategic ports in the Arctic. 

(d) CONTENTS OF REPORT.—Consistent with the updated military strategy for the protection of United States national security interests in the Arctic region set forth in the reports required under 

section 1068 of the National Defense Authorization Act for Fiscal 

Year 2016 (Public Law 114–92; 129 Stat. 992), the report required 

under subsection (c) shall include— 

(1) the amount of sufficient and suitable space needed to 

create capacity for port and other necessary infrastructure for 

at least one of each of type of Navy or Coast Guard vessel, including an Arleigh Burke class destroyer of the Navy, or a national security cutter or a heavy polar ice breaker of the Coast 

Guard; 

(2) the amount of sufficient and suitable space needed to 

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frastructure, and civil infrastructure to support military and civilian operations, including— 

(A) aerospace warning; 

(B) maritime surface and subsurface warning; 

(C) maritime control and defense; 

(D) maritime domain awareness; 

(E) homeland defense; 

(F) defense support to civil authorities; 

(G) humanitarian relief; 

(H) search and rescue; 

(I) disaster relief; 

(J) oil spill response; 

(K) medical stabilization and evacuation; and 

(L) meteorological measurements and forecasting; 

(3) an identification of proximity and road access to an airport designated as a commercial service airport by the Federal 

Aviation Administration that is capable of supporting military 

and civilian aircraft for operations designated in paragraph (2); 

and 

(4) a description of the requirements, to include infrastructure and installations, communications, and logistics necessary 

to improve response effectiveness to support military and civilian operations designated in paragraph (2). 

(e) DESIGNATION OF STRATEGIC ARCTIC PORTS.— (1) DESIGNATION CRITERIA AND RECOMMENDATIONS.—Upon 

completion of the report required under subsection (c), the Secretary of Defense, in consultation with the Chairman of the 

Joint Chiefs of Staff, the Commanding General of the United 

States Army Corps of Engineers, the Commandant of the Coast 

Guard, the Administrator of the Maritime Administration, 

shall— 

(A) establish criteria for the designation of a port as a 

‘‘Department of Defense Strategic Arctic Port’’; and 

(B) if the report required under subsection (c) includes 

a determination that one or more strategic Arctic ports are 

necessary to fulfill future security requirements in the Arctic, not later than 18 months after the date of the completion of the report, submit to the congressional defense committees recommendations for the designation of one or more 

ports as Department of Defense Strategic Arctic Ports. 

(2) COST ESTIMATES.—The recommendations submitted 

under paragraph (1)(B) shall include the estimated cost of sufficient construction necessary to initiate and sustain expected operations at the ports designated as Department of Defense Strategic Arctic Ports. 

(f) RULE OF CONSTRUCTION.—Nothing in this section may be 

construed to authorize any additional appropriations for the Department of Defense for the establishment of any port recommended 

pursuant to this section. 

SEC. 1096. RECOVERY OF EXCESS RIFLES, AMMUNITION, AND PARTS 

GRANTED TO FOREIGN COUNTRIES AND TRANSFER TO 

CERTAIN PERSONS. 

(a) RECOVERY.—Subchapter II of chapter 407 of title 36, United 

States Code, is amended by inserting after section 40728A the following new section: 


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‘‘§ 40728B. Recovery of excess rifles, ammunition, and parts 

granted to foreign countries and transfer to certain 

persons 

‘‘(a) AUTHORITY TO RECOVER.—(1) Subject to paragraph (2) and 

subsection (b), the Secretary of the Army may acquire from any person any rifle, ammunition, repair parts, or other supplies described 

in section 40731(a) of this title which were— 

‘‘(A) provided to any country on a grant basis under the 

conditions imposed by section 505 of the Foreign Assistance Act 

of 1961 (22 U.S.C. 2314) that became excess to the needs of such 

country; and 

‘‘(B) lawfully acquired by such person. 

‘‘(2) The Secretary of the Army may not acquire anything under 

paragraph (1) except for transfer to a person in the United States 

under subsection (c). 

‘‘(3) The Secretary of the Army may accept rifles, ammunition, 

repair parts, or other supplies under paragraph (1) notwithstanding 

section 1342 of title 31. 

‘‘(b) COST OF RECOVERY.—The Secretary of the Army may not 

acquire anything under subsection (a) if the United States would 

incur any cost for such acquisition. 

‘‘(c) AVAILABILITY FOR TRANSFER.—Any rifles, ammunition, repair parts, or supplies acquired under subsection (a) shall be available for transfer in the United States to the person from whom acquired if such person— 

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

‘‘(2) uses an ammunition depot of the Army that is an eligible facility for receipt of any rifles, ammunition, repair parts, 

or supplies under this paragraph. 

‘‘(d) MARKET VALUE.—The Secretary of the Army may only 

transfer an item under subsection (c) if the Secretary receives fair 

market value for the item. 

‘‘(e) CONTRACTS.—Notwithstanding subsection (k) of section 

2304 of title 10, the Secretary may enter into such contracts or cooperative agreements on a sole source basis pursuant to paragraphs 

(4) and (5) of subsection (c) of such section to carry out this section. 

‘‘(f) AECA.—Transfers authorized under this section may only 

be made in accordance with applicable provisions of the Arms Export Control Act (22 U.S.C. 2778). 

‘‘(g) RIFLE DEFINED.—In this section, the term ‘rifle’ has the 

meaning given such term in section 921 of title 18.’’. 

(b) SALE.—Section 40732 of such title is amended— 

(1) by adding at the end the following new subsection: 

‘‘(d) SALES BY OTHER PERSONS.—A person who receives a rifle 

or any ammunition, repair parts, or supplies under section 

40728B(c) of this title may sell, at fair market value, such rifle, ammunition, repair parts, or supplies. With respect to rifles other than 

caliber .22 rimfire and caliber .30 rifles, the seller shall obtain a license as a dealer in rifles and abide by all requirements imposed 

on persons licensed under chapter 44 of title 18, including maintaining acquisition and disposition records, and conducting background checks.’’; and 


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(2) in subsection (c)(1), by striking ‘‘The corporation may 

not’’ and inserting ‘‘No person acquiring a firearm under this 

chapter may’’. 

(c) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 407 of such title is amended by inserting after the 

item relating to section 40728A the following new item: 

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

(d) REPORT.— (1) REPORT REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of the Army 

shall submit to the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on 

Armed Services and the Committee on Foreign Affairs of the 

House of Representatives a report on the acquisition and transfer of excess rifles, ammunition, repair parts, and other supplies 

described in section 40731(a) of title 36, United States Code, 

that were provided to a country on a grant basis under the conditions imposed by section 505 of the Foreign Assistance Act of 

1961. The report shall include each of the following: 

(A) A list of excess rifles, ammunition, repair parts, 

and other supplies known to the United States Army as eligible for transfer under section 40731(a) of title 36, United 

States Code. 

(B) An assessment of whether and how the Secretary of 

the Army intends to use the authorities under section 

40728B of title 36, United States Code, as added by this 

section. 

(C) Any other issue that the Secretary of the Army considers appropriate. 

(2) PROHIBITION ON TRANSFERS PENDING SUBMITTAL OF RE- PORT.—No rifle, ammunition, repair part, or supplies acquired 

under section 40728B(a) of title 36, United States Code, may be 

transferred until the date that is 90 days after the date of the 

submittal of the report required under paragraph (1). 

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. Training for employment personnel of Department of Defense on matters 

relating to authorities for recruitment and retention at United States 

Cyber Command. 

Sec. 1104. Public-private talent exchange. 

Sec. 1105. Temporary and term appointments in the competitive service in the Department of Defense. 

Sec. 1106. Direct-hire authority for the Department of Defense for post-secondary 

students and recent graduates. 

Sec. 1107. Temporary increase in maximum amount of voluntary separation incentive pay authorized for civilian employees of the Department of Defense. 

Sec. 1108. Extension of rate of overtime pay for Department of the Navy employees 

performing work aboard or dockside in support of the nuclear-powered 

aircraft carrier forward deployed in Japan. 

Sec. 1109. Limitation on number of DOD SES positions. 

Sec. 1110. Direct hire authority for financial management experts in the Department 

of Defense workforce. 

Sec. 1111. Repeal of certain basis for appointment of a retired member of the Armed 

Forces to Department of Defense position within 180 days of retirement. 


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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. Codification and modification of certain authorities for certain positions 

at Department of Defense research and engineering laboratories. 

Sec. 1123. Modification to information technology personnel exchange program. 

Sec. 1124. 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. 1125. Temporary direct hire authority for domestic defense industrial base facilities, the Major Range and Test Facilities Base, and the Office of the 

Director of Operational Test and Evaluation. 

Subtitle C—Governmentwide Matters 

Sec. 1131. Elimination of two-year eligibility limitation for noncompetitive appointment of spouses of members of the Armed Forces. 

Sec. 1132. Temporary personnel flexibilities for domestic defense industrial base facilities and Major Range and Test Facilities Base civilian personnel. 

Sec. 1133. One-year extension of temporary authority to grant allowances, benefits, 

and gratuities to civilian personnel on official duty in a combat zone. 

Sec. 1134. Advance payments for employees relocating within the United States and 

its territories. 

Sec. 1135. Eligibility of employees in a time-limited appointment to compete for a 

permanent appointment at any Federal agency. 

Sec. 1136. Review of official personnel file of former Federal employees before rehiring. 

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. 

Sec. 1138. Administrative leave. 

Sec. 1139. Direct hiring for Federal wage schedule employees. 

Sec. 1140. Record of investigation of personnel action in separated employee’s official personnel file. 

Subtitle A—Department of Defense Matters Generally 

SEC. 1101. CIVILIAN PERSONNEL MANAGEMENT. 

(a) MODIFICATION OF MANAGEMENT LIMITATIONS.—Section 129 

of title 10, United States Code, is amended— 

(1) in subsection (a)— 

(A) in the first sentence, by striking ‘‘solely’’; 

(B) in the second sentence— 

(i) by striking ‘‘The management of such personnel 

in any fiscal year shall not be subject to any’’ and inserting ‘‘Any’’; and 

(ii) by inserting before the period the following: 

‘‘shall be developed on the basis of those factors and 

shall be subject to adjustment solely for reasons of 

changed circumstances’’; and 

(C) in the third sentence, by striking ‘‘unless such reduction’’ and all that follows and inserting ‘‘except in accordance with the requirements of this section and section 

129a of this title.’’; 

(2) by striking subsections (b), (c), (e), and (f); 

(3) by redesignating subsection (d) as subsection (b); and 

(4) by adding at the end the following new subsection (c): 

‘‘(c)(1) Not later than February 1 of each year— 

‘‘(A) the Secretary of Defense shall submit to the congressional defense committees a report on the management of the civilian workforce of the Office of the Secretary of Defense and the 

Defense Agencies and Field Activities; and 


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‘‘(B) the Secretary of each military department shall submit 

to the congressional defense committees a report on the management of the civilian workforces under the jurisdiction of such 

Secretary. 

‘‘(2) Each report under paragraph (1) shall contain, with respect 

to the civilian workforce under the jurisdiction of the official submitting the report, the following: 

‘‘(A) An assessment of the projected size of such civilian 

workforce in the current year and for each year in the futureyears defense program. 

‘‘(B) If the projected size of such civilian workforce has 

changed from the previous year’s projected size, an explanation 

of the reasons for the increase or decrease from the previous 

projection, including an explanation of any efforts that have 

been taken to identify offsetting reductions and avoid unnecessary overall growth in the size of the civilian workforce. 

‘‘(C) In the case of a transfer of functions between military, 

civilian, and contractor workforces, an explanation of the reasons for the transfer and the steps that have been taken to control the overall cost of the function to the Department.’’. 

(b) CONFORMING AMENDMENTS.— 

(1) SECTION HEADING.—The heading of such section is 

amended to read as follows: 

‘‘§ 129. Civilian personnel management’’. 

(2) CLERICAL AMENDMENT.—The item relating to such section in the table of sections at the beginning of chapter 3 of such 

title is amended to read as follows: 

‘‘129. Civilian personnel management.’’. 

SEC. 1102. REPEAL OF REQUIREMENT FOR ANNUAL STRATEGIC WORKFORCE PLAN FOR THE DEPARTMENT OF DEFENSE. 

(a) REPEAL.—Section 115b of title 10, United States Code, is repealed. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 2 of such title is amended by striking the item relating to section 115b. 

SEC. 1103. TRAINING FOR EMPLOYMENT PERSONNEL OF DEPARTMENT 

OF DEFENSE ON MATTERS RELATING TO AUTHORITIES 

FOR RECRUITMENT AND RETENTION AT UNITED STATES 

CYBER COMMAND. 

(a) TRAINING REQUIRED.—Section 1599f of title 10, United 

States Code, is amended— 

(1) by redesignating subsections (f), (g), (h), (i), and (j) as 

subsections (g), (h), (i), (j), and (k), respectively; and 

(2) by inserting after subsection (e) the following new subsection (f): 

‘‘(f) TRAINING.—(1) The Secretary shall provide training to covered personnel on hiring and pay matters relating to authorities 

under this section. 

‘‘(2) For purposes of this subsection, covered personnel are employees of the Department who— 

‘‘(A) carry out functions relating to— 

‘‘(i) the management of human resources and the civilian workforce of the Department; or 


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‘‘(ii) the writing of guidance for the implementation of 

authorities regarding hiring and pay under this section; or 

‘‘(B) are employed in supervisory positions or have responsibilities relating to the hiring of individuals for positions in 

the Department and to whom the Secretary intends to delegate 

authority under this section.’’. 

(b) REPORTS.— 

(1) INITIAL REPORT.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress (as defined in 

section 1599f of title 10, United States Code) a report on the 

training the Secretary intends to provide to each of the employees described in subsection (f)(2) of such section (as added by 

subsection (a) of this section) and the frequency with which the 

Secretary intends to provide such training. 

(2) ONGOING REPORTS.—Subsection (h)(2)(E) of such section, as redesignated by subsection (a)(1) of this section, is 

amended by striking ‘‘supervisors of employees in qualified positions at the Department on the use of the new authorities’’ and 

inserting ‘‘employees described in subsection (f)(2) on the use of 

authorities under this section’’. 

SEC. 1104. PUBLIC-PRIVATE TALENT EXCHANGE. 

(a) AUTHORITY.—Chapter 81 of title 10, United States Code, is 

amended by adding at the end the following new section: 

‘‘§ 1599g. Public-private talent exchange 

‘‘(a) ASSIGNMENT AUTHORITY.—Under regulations prescribed by 

the Secretary of Defense, the Secretary may, with the agreement of 

a private-sector organization and the consent of the employee, arrange for the temporary assignment of an employee to such privatesector organization, or from such private-sector organization to a 

Department of Defense organization under this section. 

‘‘(b) AGREEMENTS.—(1) The Secretary of Defense shall provide 

for a written agreement among the Department of Defense, the private-sector organization, and the employee concerned regarding the 

terms and conditions of the employee’s assignment under this section. The agreement— 

‘‘(A) shall require that the employee of the Department of 

Defense, upon completion of the assignment, will serve in the 

Department of Defense, or elsewhere in the civil service if approved by the Secretary, for a period equal to twice the length 

of the assignment; 

‘‘(B) shall provide that if the employee of the Department of 

Defense or of the private-sector organization (as the case may 

be) fails to carry out the agreement, such employee shall be liable to the United States for payment of all expenses of the assignment, unless that failure was for good and sufficient reason, as determined by the Secretary of Defense; and 

‘‘(C) shall contain language ensuring that such employee of 

the Department does not improperly use pre-decisional or draft 

deliberative information that such employee may be privy to or 

aware of related to Department programing, budgeting, 

resourcing, acquisition, or procurement for the benefit or advantage of the private-sector organization. 


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

‘‘(3) The Secretary may waive, in whole or in part, collection of 

a debt described in paragraph (2) based on a determination that the 

collection would be against equity and good conscience and not in 

the best interests of the United States, after taking into account any 

indication of fraud, misrepresentation, fault, or lack of good faith 

on the part of the employee. 

‘‘(c) TERMINATION.—An assignment under this section may, at 

any time and for any reason, be terminated by the Department of 

Defense or the private-sector organization concerned. 

‘‘(d) DURATION.—(1) An assignment under this section shall be 

for a period of not less than three months and not more than two 

years, renewable up to a total of four years. No employee of the Department of Defense may be assigned under this section for more 

than a total of 4 years inclusive of all such assignments. 

‘‘(2) An assignment under this section may be for a period in 

excess of two years, but not more than four years, if the Secretary 

determines that such assignment is necessary to meet critical mission or program requirements. 

‘‘(e) STATUS OF FEDERAL EMPLOYEES ASSIGNED TO PRIVATE- SECTOR ORGANIZATIONS.—(1) An employee of the Department of Defense who is assigned to a private-sector organization under this 

section shall be considered, during the period of assignment, to be 

on detail to a regular work assignment in the Department for all 

purposes. The written agreement established under subsection (b)(1) 

shall address the specific terms and conditions related to the employee’s continued status as a Federal employee. 

‘‘(2) In establishing a temporary assignment of an employee of 

the Department of Defense to a private-sector organization, the Secretary of Defense shall— 

‘‘(A) ensure that the normal duties and functions of such 

employee can be reasonably performed by other employees of the 

Department of Defense without the transfer or reassignment of 

other personnel of the Department of Defense, including members of the armed forces; 

‘‘(B) ensure that the normal duties and functions of such 

employees are not, as a result of and during the course of such 

temporary assignment, performed or augmented by contractor 

personnel in violation of the provisions of section 2461 of this 

title; and 

‘‘(C) certify that the temporary assignment of such employee 

shall not have an adverse or negative impact on mission attainment, warfighter support, or organizational capabilities associated with the assignment. 

‘‘(f) TERMS AND CONDITIONS FOR PRIVATE-SECTOR EMPLOYEES.—An employee of a private-sector organization who is assigned 

to a Department of Defense organization under this section— 

‘‘(1) shall continue to receive pay and benefits from the private-sector organization from which such employee is assigned 

and shall not receive pay or benefits from the Department of Defense, except as provided in paragraph (2); 

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

‘‘(A) chapters 73 and 81 of title 5; 


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‘‘(B) sections 201, 203, 205, 207, 208, 209, 603, 606, 

607, 643, 654, 1905, and 1913 of title 18; 

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

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

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

‘‘(F) chapter 21 of title 41; 

‘‘(3) shall not have access to any trade secrets or to any 

other nonpublic information which is of commercial value to the 

private-sector organization from which such employee is assigned; 

‘‘(4) may perform work that is considered inherently governmental in nature only when requested in writing by the Secretary of Defense; and 

‘‘(5) may not be used to circumvent the provision of section 

2461 of this title nor to circumvent any limitation or restriction 

on the size of the Department’s workforce. 

‘‘(g) PROHIBITION AGAINST CHARGING CERTAIN COSTS TO THE

FEDERAL GOVERNMENT.—A private-sector organization may not 

charge the Department or any other agency of the Federal Government, as direct or indirect costs under a Federal contract, the costs 

of pay or benefits paid by the organization to an employee assigned 

to a Department organization under this section for the period of the 

assignment. 

‘‘(h) CONSIDERATIONS.—In carrying out this section, the Secretary of Defense— 

‘‘(1) shall ensure that, of the assignments made under this 

section each year, at least 20 percent are from small business 

concerns (as defined by section 3703(e)(2)(A) of title 5); 

‘‘(2) shall take into consideration the question of how assignments under this section might best be used to help meet 

the needs of the Department of Defense with respect to the training of employees; and 

‘‘(3) shall take into consideration, where applicable, areas 

of particular private sector expertise, such as cybersecurity.’’. 

(b) TABLE OF SECTIONS AMENDMENT.—The table of sections at 

the beginning of such chapter is amended by adding at the end the 

following new item: 

‘‘1599g. Public-private talent exchange.’’. 

SEC. 1105. TEMPORARY AND TERM APPOINTMENTS IN THE COMPETITIVE SERVICE IN THE DEPARTMENT OF DEFENSE. 

(a) APPOINTMENT.— 

(1) IN GENERAL.—The Secretary of Defense may make a 

temporary appointment or a term appointment in the Department when the need for the services of an employee in the Department is not permanent. 

(2) EXTENSION.—The Secretary may extend a temporary appointment or a term appointment made under paragraph (1). 

(b) APPOINTMENTS FOR CRITICAL HIRING NEEDS.— 

(1) IN GENERAL.—If there is a critical hiring need, the Secretary of Defense may make a noncompetitive temporary appointment or a noncompetitive term appointment in the Department of Defense, without regard to the requirements of sections 

3327 and 3330 of title 5, United States Code, for a period that 

is not more than 18 months. 


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(2) NO EXTENSION AVAILABLE.—An appointment made 

under paragraph (1) may not be extended. 

(c) REGULATIONS.—The Secretary may prescribe regulations to 

carry out this section. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘temporary appointment’’ means the appointment of an employee in the competitive service for a period that 

is not more than one year. 

(2) The term ‘‘term appointment’’ means the appointment of 

an employee in the competitive service for a period that is more 

than one year and not more than five years, unless the Secretary of Defense, before the appointment of the employee, authorizes a longer period. 

SEC. 1106. DIRECT-HIRE AUTHORITY FOR THE DEPARTMENT OF DEFENSE FOR POST-SECONDARY STUDENTS AND RECENT 

GRADUATES. 

(a) HIRING AUTHORITY.—Without regard to sections 3309 

through 3318, 3327, and 3330 of title 5, United States Code, the 

Secretary of Defense may recruit and appoint qualified recent graduates and current post-secondary students to competitive service positions in professional and administrative occupations within the 

Department of Defense. 

(b) LIMITATION ON APPOINTMENTS.—Subject to subsection (c)(2), 

the total number of employees appointed by the Secretary under subsection (a) during a fiscal year may not exceed the number equal to 

15 percent of the number of hires made into professional and administrative occupations of the Department at the GS–11 level and 

below (or equivalent) under competitive examining procedures during the previous fiscal year. 

(c) REGULATIONS.— 

(1) IN GENERAL.—The Secretary shall administer this section in accordance with regulations prescribed by the Secretary 

for purposes of this section. 

(2) LOWER LIMIT ON APPOINTMENTS.—The regulations may 

establish a lower limit on the number of individuals 

appointable under subsection (a) during a fiscal year than is 

otherwise provided for under subsection (b), based on such factors as the Secretary considers appropriate. 

(3) PUBLIC NOTICE AND ADVERTISING.—To the extent practical, as determined by the Secretary, the Secretary shall publicly advertise positions available under this section. In carrying out the preceding sentence, the Secretary shall— 

(A) take into account merit system principles, mission 

requirements, costs, and organizational benefits of any advertising of positions; and 

(B) advertise such positions in the manner the Secretary determines is most likely to provide diverse and 

qualified candidates and ensure potential applicants have 

appropriate information relevant to the positions available. 

(d) SUNSET.—The authority provided under this section shall 

terminate on September 30, 2021. 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘current post-secondary student’’ means a person who— 


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(A) is currently enrolled in, and in good academic 

standing at, a full-time program at an institution of higher 

education; 

(B) is making satisfactory progress toward receipt of a 

baccalaureate or graduate degree; and 

(C) has completed at least one year of the program. 

(2) The term ‘‘institution of higher education’’ has the 

meaning given the term in section 101 of the Higher Education 

Act of 1965 (20 U.S.C. 1001). 

(3) The term ‘‘recent graduate’’, with respect to appointment 

of a person under this section, means a person who was awarded a degree by an institution of higher education not more than 

two years before the date of the appointment of such person, except that in the case of a person who has completed a period 

of obligated service in a uniformed service of more than four 

years, such term means a person who was awarded a degree by 

an institution of higher education not more than four years before the date of the appointment of such person. 

SEC. 1107. TEMPORARY INCREASE IN MAXIMUM AMOUNT OF VOLUNTARY SEPARATION INCENTIVE PAY AUTHORIZED FOR 

CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE. 

During the period beginning on the date of enactment of this 

Act and ending on September 30, 2018, section 9902(f)(5)(A)(ii) of 

title 5, United States Code, shall be applied by substituting ‘‘an 

amount determined by the Secretary, not to exceed $40,000’’ for 

‘‘$25,000’’. 

SEC. 1108. EXTENSION OF RATE OF OVERTIME PAY FOR DEPARTMENT 

OF THE NAVY EMPLOYEES PERFORMING WORK ABOARD 

OR DOCKSIDE IN SUPPORT OF THE NUCLEAR-POWERED 

AIRCRAFT CARRIER FORWARD DEPLOYED IN JAPAN. 

Section 5542(a)(6)(B) of title 5, United States Code, is amended 

by striking ‘‘September 30, 2017’’ and inserting ‘‘September 30, 

2018’’. 

SEC. 1109. LIMITATION ON NUMBER OF DOD SES POSITIONS. 

(a) LIMITATION ON NUMBER OF DOD SES POSITIONS.— 

(1) IN GENERAL.—Not later than December 31, 2022, the 

total number of Senior Executive Service positions authorized 

under section 3133 of title 5, United States Code, for the Department of Defense may not exceed 1,260. 

(2) HIGHLY QUALIFIED EXPERTS.—Of the total number of positions authorized under paragraph (1), not more than 200 of 

such positions may be occupied by an individual appointed 

under the authority provided in section 9903 of such title. 

(b) PLAN TO ACHIEVE REQUIRED LIMITATION.— 

(1) IN GENERAL.—The Secretary of Defense shall develop a 

plan to achieve the limitation required by subsection (a) that includes— 

(A) the distribution of Senior Executive Service positions across the Office of the Secretary of Defense, the Joint 

Staff, the Military Departments, the Defense Agencies and 

Field Activities, the unified and specified combatant commands, and other key elements of the Department of Defense; 


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(B) the by-year reductions to Senior Executive Service 

positions consistent with the distribution required under 

subparagraph (A); and 

(C) recommendations for any legislative action that 

may be necessary for personnel management and shaping 

authorities to achieve the required limitation. 

(2) SUBMISSION OF PLAN.—Not less than one year after the 

date of the enactment of this Act, the Secretary of Defense shall 

submit to the Committees on Armed Services of the Senate and 

the House of Representatives a report setting forth the plan developed under paragraph (1). 

(3) PROGRESS REPORTS.—The Secretary of Defense shall 

provide to the Committees on Armed Services of the Senate and 

the House of Representatives semi-annual progress report briefings describing and assessing the progress of the Secretary in 

implementing the plan developed under paragraph (1). 

(c) CONFORMING AMENDMENT.—Section 3133(c) of title 5, 

United States Code, is amended by adding at the end the following 

new sentence: ‘‘Beginning in 2023, the number of such positions authorized under the preceding sentence for the Department of Defense 

may not exceed the limitation provided in section 1109 of the National Defense Authorization Act for Fiscal Year 2017.’’. 

(d) DEFINITION OF SENIOR EXECUTIVE SERVICE POSITION.—In 

this section, the term ‘‘Senior Executive Service position’’ has the 

meaning given such term in section 3132(a)(2) of title 5, United 

States Code. 

SEC. 1110. DIRECT HIRE AUTHORITY FOR FINANCIAL MANAGEMENT 

EXPERTS IN THE DEPARTMENT OF DEFENSE WORKFORCE. 

(a) AUTHORITY.—Each Secretary concerned may appoint qualified candidates possessing a finance, accounting, management, or 

actuarial science degree, or a related degree or equivalent experience, to positions specified in subsection (c) for the Defense Agencies 

or the applicable military department without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code. 

(b) SECRETARY CONCERNED.—For purposes of this section, the 

Secretary concerned is as follows: 

(1) The Secretary of Defense with respect to the Defense 

Agencies. 

(2) The Secretary of a military department with respect to 

such military department. 

(c) POSITIONS.—The positions specified in this subsection are 

the positions within the Department of Defense workforce as follows: 

(1) Financial management positions. 

(2) Accounting positions. 

(3) Auditing positions. 

(4) Actuarial positions. 

(5) Cost estimation positions. 

(6) Operational research positions. 

(7) Business and business administration positions. 

(d) LIMITATION.—Authority under this section may not, in any 

calendar year and with respect to any Defense Agency or military 

department, be exercised with respect to a number of candidates 

greater than the number equal to 10 percent of the total number of 

the financial management, accounting, auditing, and actuarial positions within the financial management workforce of such Defense 


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Agency or military department that are filled as of the close of the 

fiscal year last ending before the start of such calendar year. 

(e) NATURE OF APPOINTMENT.—Any appointment under this 

section shall be treated as an appointment on a full-time equivalent 

basis, unless such appointment is made on a term or temporary 

basis. 

(f) EMPLOYEE DEFINED.—In this section, the term ‘‘employee’’ 

has the meaning given that term in section 2105 of title 5, United 

States Code. 

(g) TERMINATION.—The authority to make appointments under 

this section shall not be available after December 31, 2022. 

SEC. 1111. REPEAL OF CERTAIN BASIS FOR APPOINTMENT OF A RETIRED MEMBER OF THE ARMED FORCES TO DEPARTMENT 

OF DEFENSE POSITION WITHIN 180 DAYS OF RETIREMENT. 

Section 3326(b) of title 5, United States Code, is amended— 

(1) in paragraph (1), by adding ‘‘or’’ at the end; 

(2) in paragraph (2), by striking ‘‘; or’’ and inserting a period; and 

(3) by striking paragraph (3). 

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. 

(a) PERMANENT PERSONNEL MANAGEMENT AUTHORITY.— 

(1) IN GENERAL.—Chapter 81 of title 10, United States 

Code, as amended by section 1104 of this Act, is further amended by adding at the end the following new section: 

‘‘§ 1599h. Personnel management authority to attract experts 

in science and engineering 

‘‘(a) PROGRAMS AUTHORIZED.— 

‘‘(1) LABORATORIES OF THE MILITARY DEPARTMENTS.—The 

Secretary of Defense may carry out a program of personnel 

management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering 

for such laboratories of the military departments as the Secretary shall designate for purposes of the program for research 

and development projects of such laboratories. 

‘‘(2) DARPA.—The Director of the Defense Advanced Research Projects Agency may carry out a program of personnel 

management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering 

for research and development projects and to enhance the administration and management of the Agency. 

‘‘(3) DOTE.—The Director of the Office of Operational Test 

and Evaluation may carry out a program of personnel management authority provided in subsection (b) in order to facilitate 

recruitment of eminent experts in science or engineering to support operational test and evaluation missions of the Office. 

‘‘(b) PERSONNEL MANAGEMENT AUTHORITY.—Under a program 

under subsection (a), the official responsible for administration of 

the program may— 


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‘‘(1) without regard to any provision of title 5 governing the 

appointment of employees in the civil service— 

‘‘(A) in the case of the laboratories of the military departments designated pursuant to subsection (a)(1), appoint 

scientists and engineers to a total of not more than 40 scientific and engineering positions in such laboratories; 

‘‘(B) in the case of the Defense Advanced Research 

Projects Agency, appoint individuals to a total of not more 

than 100 positions in the Agency, of which not more than 

5 such positions may be positions of administration or 

management of the Agency; and 

‘‘(C) in the case of the Office of Operational Test and 

Evaluation, appoint scientists and engineers to a total of 

not more than 10 scientific and engineering positions in the 

Office; 

‘‘(2) notwithstanding any provision of title 5 governing the 

rates of pay or classification of employees in the executive 

branch, prescribe the rates of basic pay for positions to which 

employees are appointed under paragraph (1)— 

‘‘(A) in the case of employees appointed pursuant to 

paragraph (1)(B) to any of 5 positions designated by the Director of the Defense Advanced Research Projects Agency for 

purposes of this subparagraph, at rates not in excess of a 

rate equal to 150 percent of the maximum rate of basic pay 

authorized for positions at Level I of the Executive Schedule 

under section 5312 of title 5; and 

‘‘(B) in the case of any other employee appointed pursuant to paragraph (1), at rates not in excess of the maximum 

rate of basic pay authorized for senior-level positions under 

section 5376 of title 5; and 

‘‘(3) pay any employee appointed under paragraph (1), other 

than an employee appointed to a position designated as described in paragraph (2)(A), payments in addition to basic pay 

within the limit applicable to the employee under subsection (d). 

‘‘(c) LIMITATION ON TERM OF APPOINTMENT.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the 

service of an employee under an appointment under subsection 

(b)(1) may not exceed four years. 

‘‘(2) EXTENSION.—The official responsible for the administration of a program under subsection (a) may, in the case of 

a particular employee under the program, extend the period to 

which service is limited under paragraph (1) by up to two years 

if the official determines that such action is necessary to promote the efficiency of a laboratory of a military department, the 

Defense Advanced Research Projects Agency, or the Office of 

Operational Test and Evaluation, as applicable. 

‘‘(d) MAXIMUM AMOUNT OF ADDITIONAL PAYMENTS PAYABLE.— 

Notwithstanding any other provision of this section or section 5307 

of title 5, no additional payments may be paid to an employee under 

subsection (b)(3) in any calendar year if, or to the extent that, the 

employee’s total annual compensation in such calendar year will exceed the maximum amount of total annual compensation payable at 

the salary set in accordance with section 104 of title 3.’’. 


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(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 81 of such title, as so amended, is further 

amended by adding at the end the following new item: 

‘‘1599h. Personnel management authority to attract experts in science and engineering.’’. 

(b) REPEAL OF SUPERSEDED AUTHORITY.—Section 1101 of the 

Strom Thurmond National Defense Authorization Act for Fiscal 

Year 1999 (Public Law 105–261; 5 U.S.C. 3104 note) is repealed. 

(c) APPLICABILITY OF PERSONNEL MANAGEMENT AUTHORITY TO

PERSONNEL CURRENTLY EMPLOYED UNDER SUPERSEDED AUTHORITY.— 

(1) IN GENERAL.—Any individual employed as of the date 

of the enactment of this Act under section 1101(b)(1) of the 

Strom Thurmond National Defense Authorization Act for Fiscal 

Year 1999 (5 U.S.C. 3104 note) (as in effect on the day before 

such date) shall remain employed under section 1599h of title 

10, United States Code (as added by subsection (a)), after such 

date in accordance with such section 1599h and the applicable 

program carried out under such section 1599h. 

(2) DATE OF APPOINTMENT.—For purposes of subsection (c) 

of section 1599h of title 10, United States Code (as so added), 

the date of the appointment of any employee who remains employed as described in paragraph (1) shall be the date of the appointment of such employee under section 1101(b)(1) of the 

Strom Thurmond National Defense Authorization Act for Fiscal 

Year 1999 (5 U.S.C. 3104 note) (as so in effect). 

SEC. 1122. CODIFICATION AND MODIFICATION OF CERTAIN AUTHORITIES FOR CERTAIN POSITIONS AT DEPARTMENT OF DEFENSE RESEARCH AND ENGINEERING LABORATORIES. 

(a) CODIFICATION.— 

(1) IN GENERAL.—Chapter 139 of title 10, United States 

Code, is amended by inserting after section 2358 the following 

new section: 

‘‘§ 2358a. Authorities for certain positions at science and 

technology reinvention laboratories 

‘‘(a) AUTHORITY TO MAKE DIRECT APPOINTMENTS.— 

‘‘(1) CANDIDATES FOR SCIENTIFIC AND ENGINEERING POSITIONS AT SCIENCE AND TECHNOLOGY REINVENTION LABORATORIES.—The director of any Science and Technology Reinvention Laboratory (hereinafter in this section referred to as an 

‘STRL’) may appoint qualified candidates possessing a bachelor’s degree to positions described in paragraph (1) of subsection (b) as an employee in a laboratory described in that 

paragraph without regard to the provisions of subchapter I of 

chapter 33 of title 5 (other than sections 3303 and 3328 of such 

title). 

‘‘(2) VETERAN CANDIDATES FOR SIMILAR POSITIONS AT RESEARCH AND ENGINEERING FACILITIES.—The director of any 

STRL may appoint qualified veteran candidates to positions described in paragraph (2) of subsection (b) as an employee at a 

laboratory, agency, or organization specified in that paragraph 

without regard to the provisions of subchapter I of chapter 33 

of title 5. 


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‘‘(3) STUDENTS ENROLLED IN SCIENTIFIC AND ENGINEERING

PROGRAMS.—The director of any STRL may appoint qualified 

candidates enrolled in a program of undergraduate or graduate 

instruction leading to a bachelor’s or an advanced degree in a 

scientific, technical, engineering or mathematical course of 

study at an institution of higher education (as that term is defined in sections 101 and 102 of the Higher Education Act of 

1965 (20 U.S.C. 1001, 1002)) to positions described in paragraph (3) of subsection (b) as an employee in a laboratory described in that paragraph without regard to the provisions of 

subchapter I of chapter 33 of title 5 (other than sections 3303 

and 3328 of such title). 

‘‘(4) NONCOMPETITIVE CONVERSION TO PERMANENT APPOINTMENT.—With respect to any student appointed by the director of 

an STRL under paragraph (3) to a temporary or term appointment, upon graduation from the applicable institution of higher 

education (as defined in such paragraph), the director may noncompetitively convert such student to a permanent appointment 

within the STRL without regard to the provisions of subchapter 

I of chapter 33 of title 5 (other than sections 3303 and 3328 of 

such title), provided the student meets all eligibility and Office 

of Personnel Management qualification requirements for the position. 

‘‘(b) COVERED POSITIONS.— ‘‘(1) CANDIDATES FOR SCIENTIFIC AND ENGINEERING POSI- TIONS.—The positions described in this paragraph are scientific 

and engineering positions that may be temporary, term, or permanent in any laboratory designated by section 1105(a) of the 

National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2358 note) as a Department of Defense science and technology reinvention laboratory. 

‘‘(2) QUALIFIED VETERAN CANDIDATES.—The positions described in this paragraph are scientific, technical, engineering, 

and mathematics positions, including technicians, in the following: 

‘‘(A) Any laboratory referred to in paragraph (1). 

‘‘(B) Any other Department of Defense research and engineering agency or organization designated by the Secretary for purposes of subsection (a)(2). 

‘‘(3) CANDIDATES ENROLLED IN SCIENTIFIC AND ENGINEERING PROGRAMS.—The positions described in this paragraph are 

scientific and engineering positions that may be temporary or 

term in any laboratory designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public 

Law 111–84; 10 U.S.C. 2358 note) as a Department of Defense 

science and technology reinvention laboratory. 

‘‘(c) LIMITATION ON NUMBER OF APPOINTMENTS ALLOWABLE IN

A CALENDAR YEAR.—The authority under subsection (a) may not, in 

any calendar year and with respect to any laboratory, agency, or organization described in subsection (b), be exercised with respect to 

a number of candidates greater than the following: 

‘‘(1) In the case of a laboratory described in subsection 

(b)(1), with respect to appointment authority under subsection 

(a)(1), the number equal to 6 percent of the total number of scientific and engineering positions in such laboratory that are 


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filled as of the close of the fiscal year last ending before the 

start of such calendar year. 

‘‘(2) In the case of a laboratory, agency, or organization described in subsection (b)(2), with respect to appointment authority under subsection (a)(2), the number equal to 3 percent of the 

total number of scientific, technical, engineering, mathematics, 

and technician positions in such laboratory, agency, or organization that are filled as of the close of the fiscal year last ending 

before the start of such calendar year. 

‘‘(3) In the case of a laboratory described in subsection 

(b)(3), with respect to appointment authority under subsection 

(a)(3), the number equal to 10 percent of the total number of scientific and engineering positions in such laboratory that are 

filled as of the close of the fiscal year last ending before the 

start of such calendar year. 

‘‘(d) SENIOR SCIENTIFIC TECHNICAL MANAGERS.— 

‘‘(1) ESTABLISHMENT.—There is hereby established in each 

STRL a category of senior professional scientific and technical 

positions, the incumbents of which shall be designated as ‘senior scientific technical managers’ and which shall be positions 

classified above GS–15 of the General Schedule, notwithstanding section 5108(a) of title 5. The primary functions of 

such positions shall be— 

‘‘(A) to engage in research and development in the 

physical, biological, medical, or engineering sciences, or another field closely related to the mission of such STRL; and 

‘‘(B) to carry out technical supervisory responsibilities. 

‘‘(2) APPOINTMENTS.—The positions described in paragraph 

(1) may be filled, and shall be managed, by the director of the 

STRL involved, under criteria established pursuant to section 

342(b) of the National Defense Authorization Act for Fiscal Year 

1995 (Public Law 103–337; 10 U.S.C. 2358 note), relating to 

personnel demonstration projects at laboratories of the Department of Defense, except that the director of the laboratory involved shall determine the number of such positions at such 

laboratory, not to exceed 2 percent of the number of scientists 

and engineers employed at such laboratory as of the close of the 

last fiscal year before the fiscal year in which any appointments 

subject to that numerical limitation are made. 

‘‘(e) EXCLUSION FROM PERSONNEL LIMITATIONS.— 

‘‘(1) IN GENERAL.—The director of an STRL shall manage 

the workforce strength, structure, positions, and compensation 

of such STRL— 

‘‘(A) without regard to any limitation on appointments, 

positions, or funding with respect to such STRL, subject to 

subparagraph (B); and 

‘‘(B) in a manner consistent with the budget available 

with respect to such STRL. 

‘‘(2) EXCEPTIONS.—Paragraph (1) shall not apply to Senior 

Executive Service positions (as defined in section 3132(a) of title 

5) or scientific and professional positions authorized under section 3104 of such title. 

‘‘(f) DEFINITIONS.—In this section: 

‘‘(1) The term ‘employee’ has the meaning given that term 

in section 2105 of title 5. 


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‘‘(2) The term ‘veteran’ has the meaning given that term in 

section 101 of title 38.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 139 of such title is amended by inserting 

after the item relating to section 2358 the following new item: 

‘‘2358a. Authorities for certain positions at science and technology reinvention laboratories.’’. 

(b) REPEAL OF SUPERSEDED SECTION.—Section 1107 of the National Defense Authorization Act for Fiscal Year 2014 (10 U.S.C. 

2358 note) is hereby repealed. 

SEC. 1123. MODIFICATION TO INFORMATION TECHNOLOGY PERSONNEL EXCHANGE PROGRAM. 

Section 1110 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 5 U.S.C. 3702 note) is amended— 

(1) in the section heading, by inserting ‘‘CYBER AND’’ before 

‘‘INFORMATION’’. 

(2) in subsections (a)(1)(A), (a)(1)(C), and (g)(2), by inserting ‘‘cyber operations or’’ before ‘‘information’’; 

(3) in subsection (d), by striking ‘‘2018’’ and inserting 

‘‘2022’’; 

(4) in subsection (g)(1), by inserting ‘‘to or’’ before ‘‘from’’; 

and 

(5) in subsection (h), by striking ‘‘10’’ and inserting ‘‘50’’. 

SEC. 1124. PILOT PROGRAM ON ENHANCED PAY AUTHORITY FOR CERTAIN RESEARCH AND TECHNOLOGY POSITIONS IN THE 

SCIENCE AND TECHNOLOGY REINVENTION LABORATORIES OF THE DEPARTMENT OF DEFENSE. 

(a) PILOT PROGRAM AUTHORIZED.—The Secretary of Defense 

may carry out a pilot program to assess the feasibility and advisability of using the pay authority specified in subsection (d) to fix 

the rate of basic pay for positions described in subsection (c) in 

order to assist the military departments in attracting and retaining 

high quality acquisition and technology experts in positions responsible for managing and performing complex, high-cost research and 

technology development efforts in the science and technology reinvention laboratories of the Department of Defense. 

(b) APPROVAL REQUIRED.—The pilot program may be carried 

out in a military department only with the approval of the Service 

Acquisition Executive of the military department concerned. 

(c) POSITIONS.—The positions described in this subsection are 

positions in the science and technology reinvention laboratories of 

the Department of Defense that— 

(1) require expertise of an extremely high level in a scientific, technical, professional, or acquisition management field; 

and 

(2) are critical to the successful accomplishment of an important research or technology development mission. 

(d) RATE OF BASIC PAY.—The pay authority specified in this 

subsection is authority as follows: 

(1) Authority to fix the rate of basic pay for a position at 

a rate not to exceed 150 percent of the rate of basic pay payable 

for level I of the Executive Schedule, upon the approval of the 

Service Acquisition Executive concerned. 


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(2) Authority to fix the rate of basic pay for a position at 

a rate in excess of 150 percent of the rate of basic pay payable 

for level I of the Executive Schedule, upon the approval of the 

Secretary of the military department concerned. 

(e) LIMITATIONS.— 

(1) IN GENERAL.—The authority in subsection (a) may be 

used only to the extent necessary to competitively recruit or retain individuals exceptionally well qualified for positions described in subsection (c). 

(2) NUMBER OF POSITIONS.—The authority in subsection (a) 

may not be used with respect to more than five positions in each 

military department at any one time. 

(3) TERM OF POSITIONS.—The authority in subsection (a) 

may be used only for positions having a term of less than five 

years. 

(f) TERMINATION.— 

(1) IN GENERAL.—The authority to fix rates of basic pay for 

a position under this section shall terminate on October 1, 

2021. 

(2) CONTINUATION OF PAY.—Nothing in paragraph (1) shall 

be construed to prohibit the payment after October 1, 2021, of 

basic pay at rates fixed under this section before that date for 

positions having terms that continue after that date. 

(g) SCIENCE AND TECHNOLOGY REINVENTION LABORATORIES OF

THE DEPARTMENT OF DEFENSE DEFINED.—In this section, the term 

‘‘science and technology reinvention laboratories of the Department 

of Defense’’ means the laboratories designated as science and technology reinvention laboratories by section 1105(a) of the National 

Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 2358 

note). 

SEC. 1125. TEMPORARY DIRECT HIRE AUTHORITY FOR DOMESTIC DEFENSE INDUSTRIAL BASE FACILITIES, THE MAJOR RANGE 

AND TEST FACILITIES BASE, AND THE OFFICE OF THE DIRECTOR OF OPERATIONAL TEST AND EVALUATION. 

(a) DEFENSE INDUSTRIAL BASE FACILITY AND MRTFB.—During 

fiscal years 2017 and 2018, the Secretary of Defense may appoint, 

without regard to the provisions of subchapter I of chapter 33 of 

title 5, United States Code, other than sections 3303 and 3328 of 

such title, qualified candidates to positions in the competitive service at any defense industrial base facility or the Major Range and 

Test Facilities Base. 

(b) OFFICE OF THE DIRECTOR OF OPERATIONAL TEST AND EVALUATION.—During fiscal years 2017 through 2021, the Secretary of 

Defense may, acting through the Director of Operational Test and 

Evaluation, appoint qualified candidates possessing an advanced 

degree to scientific and engineering positions within the Office of the 

Director of Operational Test and Evaluation without regard to the 

provisions of subchapter I of chapter 33 of title 5, United States 

Code, other than sections 3303 and 3328 of such title. 

(c) DEFINITION OF DEFENSE INDUSTRIAL BASE FACILITY.—In 

this section, the term ‘‘defense industrial base facility’’ means any 

Department of Defense depot, arsenal, or shipyard located within 

the United States. 


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Subtitle C—Governmentwide Matters 

SEC. 1131. ELIMINATION OF TWO-YEAR ELIGIBILITY LIMITATION FOR 

NONCOMPETITIVE APPOINTMENT OF SPOUSES OF MEMBERS OF THE ARMED FORCES. 

Section 3330d(c) of title 5, United States Code, is amended by 

adding at the end the following new paragraph: 

‘‘(3) NO TIME LIMITATION ON APPOINTMENT.—A relocating 

spouse of a member of the Armed Forces remains eligible for 

noncompetitive appointment under this section for the duration 

of the spouse’s relocation to the permanent duty station of the 

member.’’. 

SEC. 1132. TEMPORARY PERSONNEL FLEXIBILITIES FOR DOMESTIC 

DEFENSE INDUSTRIAL BASE FACILITIES AND MAJOR 

RANGE AND TEST FACILITIES BASE CIVILIAN PERSONNEL. 

(a) IN GENERAL.—Notwithstanding chapter 33 of title 5, United 

States Code, or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive 

service, during fiscal years 2017 and 2018, an employee of a defense 

industrial base facility or the Major Range and Test Facilities Base 

serving under a time-limited appointment in the competitive service 

is eligible to compete for a permanent appointment in the competitive service at (A) any such facility, Base, or any other component 

of the Department of Defense when such facility, Base, or component 

(as the case may be) is accepting applications from individuals 

within the facility, Base, or component’s workforce under merit promotion procedures, or (B) any agency when the agency is accepting 

applications from individuals outside its own workforce under merit 

promotion procedures of the applicable agency, if— 

(1) the employee was appointed initially under open, competitive examination under subchapter I of chapter 33 of such 

title to the time-limited appointment; 

(2) the employee has served under 1 or more time-limited 

appointments by a defense industrial base facility or the Major 

Range and Test Facilities Base for a period or periods totaling 

more than 24 months without a break of 2 or more years; and 

(3) the employee’s performance has been at an acceptable 

level of performance throughout the period or periods (as the 

case may be) referred to in paragraph (2). 

(b) WAIVER OF AGE REQUIREMENT.—In determining the eligibility of a time-limited employee under this section to be examined 

for or appointed in the competitive service, the Office of Personnel 

Management or other examining agency shall waive requirements 

as to age, unless the requirement is essential to the performance of 

the duties of the position. 

(c) STATUS.—An individual appointed under this section— 

(1) becomes a career-conditional employee, unless the employee has otherwise completed the service requirements for career tenure; and 

(2) acquires competitive status upon appointment. 

(d) FORMER EMPLOYEES.—A former employee of a defense industrial base facility or the Major Range and Test Facilities Base 

who served under a time-limited appointment and who otherwise 

meets the requirements of this section shall be deemed a time-limited employee for purposes of this section if— 


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(1) such employee applies for a position covered by this section within the period of 2 years after the most recent date of 

separation; and 

(2) such employee’s most recent separation was for reasons 

other than misconduct or performance. 

(e) BENEFITS.—Any employee of a defense industrial base facility or the Major Range and Test Facilities Base serving under a 

time-limited appointment in the competitive service shall be provided with benefits that are comparable to the benefits provided to 

similar employees not serving under time-limited appointments at 

the defense industrial base facility or the Major Range and Test Facilities Base concerned, including professional development opportunities, eligibility for awards programs, and designation as status 

applicants for purposes of eligibility for positions in the civil service. 

(f) DEFINITION OF DEFENSE INDUSTRIAL BASE FACILITY.—In 

this section, the term ‘‘defense industrial base facility’’ means any 

Department of Defense depot, arsenal, or shipyard located within 

the United States. 

SEC. 1133. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO 

GRANT ALLOWANCES, BENEFITS, AND GRATUITIES TO CIVILIAN PERSONNEL ON OFFICIAL DUTY IN A COMBAT 

ZONE. 

Paragraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, 

and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 443), 

as added by section 1102 of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 

Stat. 4616) and as most recently amended by section 1102 of the 

National Defense Authorization Act for Fiscal Year 2016 (Public 

Law 114–92; 129 Stat. 1022), is further amended by striking ‘‘2017’’ 

and inserting ‘‘2018’’. 

SEC. 1134. ADVANCE PAYMENTS FOR EMPLOYEES RELOCATING WITHIN 

THE UNITED STATES AND ITS TERRITORIES. 

(a) IN GENERAL.—Subsection (a) of section 5524a of title 5, 

United States Code, is amended— 

(1) by striking ‘‘(a) The head’’ and inserting ‘‘(a)(1) The 

head’’; and 

(2) by adding at the end the following: 

‘‘(2) The head of each agency may provide for the advance 

payment of basic pay, covering not more than 4 pay periods, to 

an employee who is assigned to a position in the agency that 

is located— 

‘‘(A) outside of the employee’s commuting area; and 

‘‘(B) in the United States, the Commonwealth of Puerto 

Rico, the Commonwealth of the Northern Mariana Islands, 

or any territory or possession of the United States.’’. 

(b) CONFORMING AMENDMENTS.—Subsection (b) of such section 

is amended— 

(1) in paragraph (1), by inserting ‘‘or assigned’’ after ‘‘appointed’’; and 

(2) in paragraph (2)(B)— 

(A) by inserting ‘‘or assignment’’ after ‘‘appointment’’; 

and 

(B) by inserting ‘‘or assigned’’ after ‘‘appointed’’. 

(c) CLERICAL AMENDMENTS.— 


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(1) SECTION HEADING.—The heading of such section is 

amended by inserting ‘‘and employees relocating within the 

United States and its territories’’ after ‘‘appointees’’. 

(2) TABLE OF SECTIONS.—The item relating to such section 

in the table of sections of chapter 55 of such title is amended 

to read as follows: 

‘‘5524a. Advance payments for new appointees and employees relocating within the 

United States and its territories.’’. 

SEC. 1135. ELIGIBILITY OF EMPLOYEES IN A TIME-LIMITED APPOINTMENT TO COMPETE FOR A PERMANENT APPOINTMENT AT 

ANY FEDERAL AGENCY. 

Section 9602 of title 5, United States Code, is amended— 

(1) in subsection (a) by striking ‘‘any land management 

agency or any other agency (as defined in section 101 of title 31) 

under the internal merit promotion procedures of the applicable 

agency’’ and inserting ‘‘such land management agency when 

such agency is accepting applications from individuals within 

the agency’s workforce under merit promotion procedures, or 

any agency, including a land management agency, when the 

agency is accepting applications from individuals outside its 

own workforce under the merit promotion procedures of the applicable agency’’; and 

(2) in subsection (d) by inserting ‘‘of the agency from which 

the former employee was most recently separated’’ after ‘‘deemed 

a time-limited employee’’. 

SEC. 1136. REVIEW OF OFFICIAL PERSONNEL FILE OF FORMER FEDERAL EMPLOYEES BEFORE REHIRING. 

(a) IN GENERAL.—Subchapter I of chapter 33 of title 5, United 

States Code, is amended by adding at the end the following: 

‘‘§ 3330e. Review of official personnel file of former Federal 

employees before rehiring 

‘‘(a) If a former Government employee is a candidate for a position within the competitive service or the excepted service, prior to 

making any determination with respect to the appointment or reinstatement of such employee to such position, the appointing authority shall review and consider merit-based information relating to 

such employee’s former period or periods of service such as official 

personnel actions, employee performance ratings, and disciplinary 

actions, if any, in such employee’s official personnel record file. 

‘‘(b) In subsection (a), the term ‘former Government employee’ 

means an individual whose most recent position with the Government prior to becoming a candidate as described under subsection 

(a) was within the competitive service or the excepted service. 

‘‘(c) The Office of Personnel Management shall prescribe regulations to carry out the purpose of this section. Such regulations may 

not contain provisions that would increase the time required for 

agency hiring actions.’’. 

(b) APPLICATION.—The amendment made by subsection (a) shall 

apply to any former Government employee (as described in section 

3330e of title 5, United States Code, as added by such subsection) 

appointed or reinstated on or after the date that is 180 days after 

the date of enactment of this Act. 


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(c) CLERICAL AMENDMENT.—The table of sections of subchapter 

I of chapter 33 of title 5, United States Code, is amended by adding 

at the end the following: 

‘‘3330e. Review of official personnel file of former Federal employees before rehiring.’’. 

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. 

Section 1101(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 

4615), as most recently amended by section 1108 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 

129 Stat. 1027), is further amended by striking ‘‘through 2016’’ and 

inserting ‘‘through 2017’’. 

SEC. 1138. ADMINISTRATIVE LEAVE. 

(a) SHORT TITLE.—This section may be cited as the ‘‘Administrative Leave Act of 2016’’. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) agency use of administrative leave, and leave that is referred to incorrectly as administrative leave in agency recording 

practices, has exceeded reasonable amounts— 

(A) in contravention of— 

(i) established precedent of the Comptroller General of the United States; and 

(ii) guidance provided by the Office of Personnel 

Management; and 

(B) resulting in significant cost to the Federal Government; 

(2) administrative leave should be used sparingly; 

(3) prior to the use of paid leave to address personnel 

issues, an agency should consider other actions, including— 

(A) temporary reassignment; and 

(B) transfer; 

(4) an agency should prioritize and expeditiously conclude 

an investigation in which an employee is placed in administrative leave so that, not later than the conclusion of the leave period— 

(A) the employee is returned to duty status; or 

(B) an appropriate personnel action is taken with respect to the employee; 

(5) data show that there are too many examples of employees placed in administrative leave for 6 months or longer, leaving the employees without any available recourse to— 

(A) return to duty status; or 

(B) challenge the decision of the agency; 

(6) an agency should ensure accurate and consistent recording of the use of administrative leave so that administrative 

leave can be managed and overseen effectively; and 

(7) other forms of excused absence authorized by law should 

be recorded separately from administrative leave, as defined by 

the amendments made by this section. 

(c) ADMINISTRATIVE LEAVE.— 

(1) IN GENERAL.—Subchapter II of chapter 63 of title 5, 

United States Code, is amended by adding at the end the following: 


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‘‘§ 6329a. Administrative leave 

‘‘(a) DEFINITIONS.—In this section— 

‘‘(1) the term ‘administrative leave’ means leave— 

‘‘(A) without loss of or reduction in— 

‘‘(i) pay; 

‘‘(ii) leave to which an employee is otherwise entitled under law; or 

‘‘(iii) credit for time or service; and 

‘‘(B) that is not authorized under any other provision 

of law; 

‘‘(2) the term ‘agency’— 

‘‘(A) means an Executive agency (as defined in section 

105 of this title); 

‘‘(B) includes the Department of Veterans Affairs; and 

‘‘(C) does not include the Government Accountability 

Office; and 

‘‘(3) the term ‘employee’— 

‘‘(A) has the meaning given the term in section 2105; 

and 

‘‘(B) does not include an intermittent employee who 

does not have an established regular tour of duty during 

the administrative workweek. 

‘‘(b) ADMINISTRATIVE LEAVE.— ‘‘(1) IN GENERAL.—During any calendar year, an agency 

may place an employee in administrative leave for a period of 

not more than a total of 10 work days. 

‘‘(2) RECORDS.—An agency shall record administrative 

leave separately from leave authorized under any other provision of law. 

‘‘(c) REGULATIONS.— ‘‘(1) OPM REGULATIONS.—Not later than 270 calendar days 

after the date of enactment of this section, the Director of the 

Office of Personnel Management shall— 

‘‘(A) prescribe regulations to carry out this section; and 

‘‘(B) prescribe regulations that provide guidance to 

agencies regarding— 

‘‘(i) acceptable agency uses of administrative leave; 

and 

‘‘(ii) the proper recording of— 

‘‘(I) administrative leave; and 

‘‘(II) other leave authorized by law. 

‘‘(2) AGENCY ACTION.—Not later than 270 calendar days 

after the date on which the Director of the Office of Personnel 

Management prescribes regulations under paragraph (1), each 

agency shall revise and implement the internal policies of the 

agency to meet the requirements of this section. 

‘‘(d) RELATION TO OTHER LAWS.—Notwithstanding subsection 

(a) of section 7421 of title 38, this section shall apply to an employee 

described in subsection (b) of that section.’’. 

(2) TECHNICAL AND CONFORMING AMENDMENT.—The table 

of sections for subchapter II of chapter 63 of title 5, United 

States Code, is amended by inserting after the item relating to 

section 6329 the following: 

‘‘6329a. Administrative leave.’’. 

(d) INVESTIGATIVE LEAVE AND NOTICE LEAVE.— 


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(1) IN GENERAL.—Subchapter II of chapter 63 of title 5, 

United States Code, as amended by this section, is further 

amended by adding at the end the following: 

‘‘§ 6329b. Investigative leave and notice leave 

‘‘(a) DEFINITIONS.—In this section— 

‘‘(1) the term ‘agency’— 

‘‘(A) means an Executive agency (as defined in section 

105 of this title); 

‘‘(B) includes the Department of Veterans Affairs; and 

‘‘(C) does not include the Government Accountability 

Office; 

‘‘(2) the term ‘Chief Human Capital Officer’ means— 

‘‘(A) the Chief Human Capital Officer of an agency designated or appointed under section 1401; or 

‘‘(B) the equivalent; 

‘‘(3) the term ‘committees of jurisdiction’, with respect to an 

agency, means each committee of the Senate or House of Representatives with jurisdiction over the agency; 

‘‘(4) the term ‘Director’ means the Director of the Office of 

Personnel Management; 

‘‘(5) the term ‘employee’— 

‘‘(A) has the meaning given the term in section 2105; 

and 

‘‘(B) does not include— 

‘‘(i) an intermittent employee who does not have an 

established regular tour of duty during the administrative workweek; or 

‘‘(ii) the Inspector General of an agency; 

‘‘(6) the term ‘investigative entity’ means— 

‘‘(A) an internal investigative unit of an agency granting investigative leave under this section; 

‘‘(B) the Office of Inspector General of an agency granting investigative leave under this section; 

‘‘(C) the Attorney General; and 

‘‘(D) the Office of Special Counsel; 

‘‘(7) the term ‘investigative leave’ means leave— 

‘‘(A) without loss of or reduction in— 

‘‘(i) pay; 

‘‘(ii) leave to which an employee is otherwise entitled under law; or 

‘‘(iii) credit for time or service; 

‘‘(B) that is not authorized under any other provision 

of law; and 

‘‘(C) in which an employee who is the subject of an investigation is placed; 

‘‘(8) the term ‘notice leave’ means leave— 

‘‘(A) without loss of or reduction in— 

‘‘(i) pay; 

‘‘(ii) leave to which an employee is otherwise entitled under law; or 

‘‘(iii) credit for time or service; 

‘‘(B) that is not authorized under any other provision 

of law; and 


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‘‘(C) in which an employee who is in a notice period is 

placed; and 

‘‘(9) the term ‘notice period’ means a period beginning on 

the date on which an employee is provided notice required 

under law of a proposed adverse action against the employee 

and ending on the date on which an agency may take the adverse action. 

‘‘(b) LEAVE FOR EMPLOYEES UNDER INVESTIGATION OR IN A NO- TICE PERIOD.— ‘‘(1) AUTHORITY.—An agency may, in accordance with paragraph (2), place an employee in— 

‘‘(A) investigative leave if the employee is the subject of 

an investigation; 

‘‘(B) notice leave if the employee is in a notice period; 

or 

‘‘(C) notice leave following a placement in investigative 

leave if, not later than the day after the last day of the period of investigative leave— 

‘‘(i) the agency proposes or initiates an adverse action against the employee; and 

‘‘(ii) the agency determines that the employee continues to meet 1 or more of the criteria described in 

paragraph (2)(A). 

‘‘(2) REQUIREMENTS.—An agency may place an employee in 

leave under paragraph (1) only if the agency has— 

‘‘(A) made a determination with respect to the employee 

that the continued presence of the employee in the workplace during an investigation of the employee or while the 

employee is in a notice period, as applicable, may— 

‘‘(i) pose a threat to the employee or others; 

‘‘(ii) result in the destruction of evidence relevant to 

an investigation; 

‘‘(iii) result in loss of or damage to Government 

property; or 

‘‘(iv) otherwise jeopardize legitimate Government 

interests; 

‘‘(B) considered— 

‘‘(i) assigning the employee to duties in which the 

employee no longer poses a threat described in clauses 

(i) through (iv) of subparagraph (A); 

‘‘(ii) allowing the employee to take leave for which 

the employee is eligible; 

‘‘(iii) if the employee is absent from duty without 

approved leave, carrying the employee in absence without leave status; and 

‘‘(iv) for an employee subject to a notice period, curtailing the notice period if there is reasonable cause to 

believe the employee has committed a crime for which 

a sentence of imprisonment may be imposed; and 

‘‘(C) determined that none of the available options 

under clauses (i) through (iv) of subparagraph (B) is appropriate. 

‘‘(3) DURATION OF LEAVE.— 

‘‘(A) INVESTIGATIVE LEAVE.—Upon the expiration of the 

10 work day period described in section 6329a(b)(1) with 


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respect to an employee, and if an agency determines that an 

extended investigation of the employee is necessary, the 

agency may place the employee in investigative leave for a 

period of not more than 30 work days. 

‘‘(B) NOTICE LEAVE.—Placement of an employee in notice leave shall be for a period not longer than the duration 

of the notice period. 

‘‘(4) EXPLANATION OF LEAVE.— ‘‘(A) IN GENERAL.—If an agency places an employee in 

leave under this subsection, the agency shall provide the 

employee a written explanation of whether the employee 

was placed in investigative leave or notice leave. 

‘‘(B) EXPLANATION.—The written notice under subparagraph (A) shall describe the limitations of the leave placement, including— 

‘‘(i) the applicable limitations under paragraph (3); 

and 

‘‘(ii) in the case of a placement in investigative 

leave, an explanation that, at the conclusion of the period of leave, the agency shall take an action under 

paragraph (5). 

‘‘(5) AGENCY ACTION.—Not later than the day after the last 

day of a period of investigative leave for an employee under 

paragraph (1), an agency shall— 

‘‘(A) return the employee to regular duty status; 

‘‘(B) take 1 or more of the actions under clauses (i) 

through (iv) of paragraph (2)(B); 

‘‘(C) propose or initiate an adverse action against the 

employee as provided under law; or 

‘‘(D) extend the period of investigative leave under subsections (c) and (d). 

‘‘(6) RULE OF CONSTRUCTION.—Nothing in paragraph (5) 

shall be construed to prevent the continued investigation of an 

employee, except that the placement of an employee in investigative leave may not be extended for that purpose except as provided in subsections (c) and (d). 

‘‘(c) INITIAL EXTENSION OF INVESTIGATIVE LEAVE.— ‘‘(1) IN GENERAL.—Subject to paragraph (4), if the Chief 

Human Capital Officer of an agency, or the designee of the 

Chief Human Capital Officer, approves such an extension after 

consulting with the investigator responsible for conducting the 

investigation to which an employee is subject, the agency may 

extend the period of investigative leave for the employee under 

subsection (b) for not more than 30 work days. 

‘‘(2) MAXIMUM NUMBER OF EXTENSIONS.—The total period 

of additional investigative leave for an employee under paragraph (1) may not exceed 90 work days. 

‘‘(3) DESIGNATION GUIDANCE.—Not later than 270 days 

after the date of enactment of this section, the Chief Human 

Capital Officers Council shall issue guidance to ensure that if 

the Chief Human Capital Officer of an agency delegates the authority to approve an extension under paragraph (1) to a designee, the designee is at a sufficiently high level within the 

agency to make an impartial and independent determination 

regarding the extension. 


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‘‘(4) EXTENSIONS FOR OIG EMPLOYEES.— ‘‘(A) APPROVAL.—In the case of an employee of an Office of Inspector General— 

‘‘(i) the Inspector General or the designee of the Inspector General, rather than the Chief Human Capital 

Officer or the designee of the Chief Human Capital Officer, shall approve an extension of a period of investigative leave for the employee under paragraph (1); or 

‘‘(ii) at the request of the Inspector General, the 

head of the agency within which the Office of Inspector 

General is located shall designate an official of the 

agency to approve an extension of a period of investigative leave for the employee under paragraph (1). 

‘‘(B) GUIDANCE.—Not later than 270 calendar days 

after the date of enactment of this section, the Council of 

the Inspectors General on Integrity and Efficiency shall 

issue guidance to ensure that if the Inspector General or the 

head of an agency, at the request of the Inspector General, 

delegates the authority to approve an extension under subparagraph (A) to a designee, the designee is at a sufficiently 

high level within the Office of Inspector General or the 

agency, as applicable, to make an impartial and independent determination regarding the extension. 

‘‘(d) FURTHER EXTENSION OF INVESTIGATIVE LEAVE.— ‘‘(1) REPORT.—After reaching the limit under subsection 

(c)(2) and if an investigative entity submits a certification under 

paragraph (2) of this subsection, an agency may further extend 

a period of investigative leave for an employee for periods of not 

more than 30 work days each if, not later than 5 business days 

after granting each further extension, the agency submits to the 

Committee on Homeland Security and Governmental Affairs of 

the Senate and the Committee on Oversight and Government 

Reform of the House of Representatives, along with any other 

committees of jurisdiction, a report containing— 

‘‘(A) the title, position, office or agency subcomponent, 

job series, pay grade, and salary of the employee; 

‘‘(B) a description of the duties of the employee; 

‘‘(C) the reason the employee was placed in investigative leave; 

‘‘(D) an explanation as to why— 

‘‘(i) the employee poses a threat described in 

clauses (i) through (iv) of subsection (b)(2)(A); and 

‘‘(ii) the agency is not able to reassign the employee 

to another position within the agency; 

‘‘(E) in the case of an employee required to telework 

under section 6502(c) during the investigation of the employee— 

‘‘(i) the reasons that the agency required the employee to telework under that section; and 

‘‘(ii) the duration of the teleworking requirement; 

‘‘(F) the status of the investigation of the employee; 

‘‘(G) the certification described in paragraph (2); and 

‘‘(H) in the case of a completed investigation of the employee— 

‘‘(i) the results of the investigation; and 


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‘‘(ii) the reason that the employee remains in investigative leave. 

‘‘(2) CERTIFICATION.—If, after an employee has reached the 

limit under subsection (c)(2), an investigative entity determines 

that additional time is needed to complete the investigation of 

the employee, the investigative entity shall— 

‘‘(A) certify to the appropriate agency that additional 

time is needed to complete the investigation of the employee; 

and 

‘‘(B) include in the certification an estimate of the 

amount of time that is necessary to complete the investigation of the employee. 

‘‘(3) NO EXTENSIONS AFTER COMPLETION OF INVESTIGATION.—An agency may not further extend a period of investigative leave of an employee under paragraph (1) on or after the 

date that is 30 calendar days after the completion of the investigation of the employee by an investigative entity. 

‘‘(e) CONSULTATION GUIDANCE.—Not later than 270 calendar 

days after the date of enactment of this section, the Council of the 

Inspectors General on Integrity and Efficiency, in consultation with 

the Attorney General and the Special Counsel, shall issue guidance 

on best practices for consultation between an investigator and an 

agency on the need to place an employee in investigative leave during an investigation of the employee, including during a criminal 

investigation, because the continued presence of the employee in the 

workplace during the investigation may— 

‘‘(1) pose a threat to the employee or others; 

‘‘(2) result in the destruction of evidence relevant to an investigation; 

‘‘(3) result in loss of or damage to Government property; or 

‘‘(4) otherwise jeopardize legitimate Government interests. 

‘‘(f) REPORTING AND RECORDS.— 

‘‘(1) IN GENERAL.—An agency shall keep a record of the 

placement of an employee in investigative leave or notice leave 

by the agency, including— 

‘‘(A) the basis for the determination made under subsection (b)(2)(A); 

‘‘(B) an explanation of why an action under clauses (i) 

through (iv) of subsection (b)(2)(B) was not appropriate; 

‘‘(C) the length of the period of leave; 

‘‘(D) the amount of salary paid to the employee during 

the period of leave; 

‘‘(E) the reasons for authorizing the leave, including, if 

applicable, the recommendation made by an investigator 

under subsection (c)(1); 

‘‘(F) whether the employee is required to telework under 

section 6502(c) during the investigation, including the reasons for requiring the employee to telework; and 

‘‘(G) the action taken by the agency at the end of the 

period of leave, including, if applicable, the granting of any 

extension of a period of investigative leave under subsection 

(c) or (d). 

‘‘(2) AVAILABILITY OF RECORDS.—An agency shall make a 

record kept under paragraph (1) available— 

‘‘(A) to any committee of jurisdiction, upon request; 


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‘‘(B) to the Office of Personnel Management; and 

‘‘(C) as otherwise required by law, including for the 

purposes of the Administrative Leave Act of 2016 and the 

amendments made by that Act. 

‘‘(g) RECOURSE TO THE OFFICE OF SPECIAL COUNSEL.—For purposes of subchapter II of chapter 12 and section 1221, placement on 

investigative leave under subsection (b) of this section for a period 

of not less than 70 work days shall be considered a personnel action 

under paragraph (8) or (9) of section 2302(b). 

‘‘(h) REGULATIONS.— 

‘‘(1) OPM ACTION.—Not later than 270 calendar days after 

the date of enactment of this section, the Director shall prescribe 

regulations to carry out this section, including guidance to 

agencies regarding— 

‘‘(A) acceptable purposes for the use of— 

‘‘(i) investigative leave; and 

‘‘(ii) notice leave; 

‘‘(B) the proper recording of— 

‘‘(i) the leave categories described in subparagraph 

(A); and 

‘‘(ii) other leave authorized by law; 

‘‘(C) baseline factors that an agency shall consider 

when making a determination that the continued presence 

of an employee in the workplace may— 

‘‘(i) pose a threat to the employee or others; 

‘‘(ii) result in the destruction of evidence relevant to 

an investigation; 

‘‘(iii) result in loss or damage to Government property; or 

‘‘(iv) otherwise jeopardize legitimate Government 

interests; and 

‘‘(D) procedures and criteria for the approval of an extension of a period of investigative leave under subsection 

(c) or (d). 

‘‘(2) AGENCY ACTION.—Not later than 270 calendar days 

after the date on which the Director prescribes regulations 

under paragraph (1), each agency shall revise and implement 

the internal policies of the agency to meet the requirements of 

this section. 

‘‘(i) RELATION TO OTHER LAWS.—Notwithstanding subsection 

(a) of section 7421 of title 38, this section shall apply to an employee 

described in subsection (b) of that section.’’. 

(2) GAO REPORT.—Not later than 5 years after the date of 

enactment of this Act, and every 5 years thereafter, the Comptroller General of the United States shall submit to the Committee on Homeland Security and Governmental Affairs of the 

Senate and the Committee on Oversight and Government Reform of the House of Representatives a report on the results of 

an evaluation of the implementation of the authority provided 

under sections 6329a and 6329b of title 5, United States Code, 

as added by subsection (c)(1) of this section and paragraph (1) 

of this subsection, respectively, including— 

(A) the number of times that an agency, under subsection (c)(1) of such section 6329b— 


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(i) consulted with the investigator responsible for 

conducting the investigation to which an employee was 

subject with respect to the decision of the agency to 

grant an extension under that subsection; and 

(ii) did not have a consultation described in clause 

(i), including the reasons that the agency failed to have 

such a consultation; 

(B) an assessment of the use of the authority provided 

under subsection (d) of such section 6329b by agencies, including data regarding the number and length of extensions granted under that subsection; 

(C) an assessment of the compliance with the requirements of subsection (f) of such section 6329b by agencies; 

(D) a review of the practice of agency placement of an 

employee in investigative or notice leave under subsection 

(b) of such section 6329b because of a determination under 

subsection (b)(2)(A)(iv) of that section that the employee 

jeopardized legitimate Government interests, including the 

extent to which such determinations were supported by evidence; and 

(E) an assessment of the effectiveness of subsection (g) 

of such section 6329b in preventing and correcting the use 

of extended investigative leave as a tool of reprisal for making a protected disclosure or engaging in protected activity 

as described in paragraph (8) or (9) of section 2302(b) of 

title 5, United States Code. 

(3) TELEWORK.—Section 6502 of title 5, United States Code, 

is amended by adding at the end the following: 

‘‘(c) REQUIRED TELEWORK.—If an agency places an employee in 

investigative leave under section 6329b, the agency may require the 

employee to, through telework, perform duties similar to the duties 

that the employee performs on-site if— 

‘‘(1) the agency determines that such a requirement would 

not— 

‘‘(A) pose a threat to the employee or others; 

‘‘(B) result in the destruction of evidence relevant to an 

investigation; 

‘‘(C) result in the loss of or damage to Government 

property; or 

‘‘(D) otherwise jeopardize legitimate Government interests; 

‘‘(2) the employee is eligible to telework under subsections 

(a) and (b) of this section; and 

‘‘(3) the agency determines that it would be appropriate for 

the employee to perform the duties of the employee through 

telework.’’. 

(4) TECHNICAL AND CONFORMING AMENDMENT.—The table 

of sections for subchapter II of chapter 63 of title 5, United 

States Code, is amended by inserting after the item relating to 

section 6329a, as added by this section, the following: 

‘‘6329b. Investigative leave and notice leave.’’. 

(e) WEATHER AND SAFETY LEAVE.— (1) IN GENERAL.—Subchapter II of chapter 63 of title 5, 

United States Code, as amended by this section, is further 

amended by adding at the end the following: 


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‘‘§ 6329c. Weather and safety leave 

‘‘(a) DEFINITIONS.—In this section— 

‘‘(1) the term ‘agency’— 

‘‘(A) means an Executive agency (as defined in section 

105 of this title); 

‘‘(B) includes the Department of Veterans Affairs; and 

‘‘(C) does not include the Government Accountability 

Office; and 

‘‘(2) the term ‘employee’— 

‘‘(A) has the meaning given the term in section 2105; 

and 

‘‘(B) does not include an intermittent employee who 

does not have an established regular tour of duty during 

the administrative workweek. 

‘‘(b) LEAVE FOR WEATHER AND SAFETY ISSUES.—An agency may 

approve the provision of leave under this section to an employee or 

a group of employees without loss of or reduction in the pay of the 

employee or employees, leave to which the employee or employees are 

otherwise entitled, or credit to the employee or employees for time 

or service only if the employee or group of employees is prevented 

from safely traveling to or performing work at an approved location 

due to— 

‘‘(1) an act of God; 

‘‘(2) a terrorist attack; or 

‘‘(3) another condition that prevents the employee or group 

of employees from safely traveling to or performing work at an 

approved location. 

‘‘(c) RECORDS.—An agency shall record leave provided under 

this section separately from leave authorized under any other provision of law. 

‘‘(d) REGULATIONS.—Not later than 270 days after the date of 

enactment of this section, the Director of the Office of Personnel 

Management shall prescribe regulations to carry out this section, including— 

‘‘(1) guidance to agencies regarding the appropriate purposes for providing leave under this section; and 

‘‘(2) the proper recording of leave provided under this section. 

‘‘(e) RELATION TO OTHER LAWS.—Notwithstanding subsection 

(a) of section 7421 of title 38, this section shall apply to an employee 

described in subsection (b) of that section.’’. 

(2) TECHNICAL AND CONFORMING AMENDMENT.—The table 

of sections for subchapter II of chapter 63 of title 5, United 

States Code, is amended by inserting after the item relating to 

section 6329b, as added by this section, the following: 

‘‘6329c. Weather and safety leave.’’. 

SEC. 1139. DIRECT HIRING FOR FEDERAL WAGE SCHEDULE EMPLOYEES. 

The Director of the Office of Personnel Management shall permit an agency with delegated examining authority under 1104(a)(2) 

of title 5, United States Code, to use direct-hire authority under section 3304(a)(3) of such title for a permanent or non-permanent position or group of positions in the competitive services at GS–15 (or 

equivalent) and below, or for prevailing rate employees, if the DirecVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 00516 Fmt 6659 Sfmt 6603 E:\HR\OC\HR840.XXX HR840

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tor determines that there is either a severe shortage of candidates 

or a critical hiring need for such positions. 

SEC. 1140. RECORD OF INVESTIGATION OF PERSONNEL ACTION IN 

SEPARATED EMPLOYEE’S OFFICIAL PERSONNEL FILE. 

(a) IN GENERAL.—Subchapter I of chapter 33 of title 5, United 

States Code, is amended by inserting after section 3321 the following: 

‘‘§ 3322. Voluntary separation before resolution of personnel 

investigation 

‘‘(a) With respect to any employee occupying a position in the 

competitive service or the excepted service who is the subject of a 

personnel investigation and resigns from Government employment 

prior to the resolution of such investigation, the head of the agency 

from which such employee so resigns shall, if an adverse finding 

was made with respect to such employee pursuant to such investigation, make a permanent notation in the employee’s official personnel 

record file. The head shall make such notation not later than 40 

days after the date of the resolution of such investigation. 

‘‘(b) Prior to making a permanent notation in an employee’s official personnel record file under subsection (a), the head of the agency shall— 

‘‘(1) notify the employee in writing within 5 days of the resolution of the investigation and provide such employee a copy 

of the adverse finding and any supporting documentation; 

‘‘(2) provide the employee with a reasonable time, but not 

less than 30 days, to respond in writing and to furnish affidavits and other documentary evidence to show why the adverse 

finding was unfounded (a summary of which shall be included 

in any notation made to the employee’s personnel file under 

subsection (d)); and 

‘‘(3) provide a written decision and the specific reasons 

therefore to the employee at the earliest practicable date. 

‘‘(c) An employee is entitled to appeal the decision of the head 

of the agency to make a permanent notation under subsection (a) to 

the Merit Systems Protection Board under section 7701. 

‘‘(d)(1) If an employee files an appeal with the Merit Systems 

Protection Board pursuant to subsection (c), the agency head shall 

make a notation in the employee’s official personnel record file indicating that an appeal disputing the notation is pending not later 

than 2 weeks after the date on which such appeal was filed. 

‘‘(2) If the head of the agency is the prevailing party on appeal, 

not later than 2 weeks after the date that the Board issues the appeal decision, the head of the agency shall remove the notation 

made under paragraph (1) from the employee’s official personnel 

record file. 

‘‘(3) If the employee is the prevailing party on appeal, not later 

than 2 weeks after the date that the Board issues the appeal decision, the head of the agency shall remove the notation made under 

paragraph (1) and the notation of an adverse finding made under 

subsection (a) from the employee’s official personnel record file. 

‘‘(e) In this section, the term ‘personnel investigation’ includes— 

‘‘(1) an investigation by an Inspector General; and 


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‘‘(2) an adverse personnel action as a result of performance, 

misconduct, or for such cause as will promote the efficiency of 

the service under chapter 43 or chapter 75.’’. 

(b) APPLICATION.—The amendment made by subsection (a) shall 

apply to any employee described in section 3322 of title 5, United 

States Code, (as added by such subsection) who leaves the service 

after the date of enactment of this Act. 

(c) CLERICAL AMENDMENT.—The table of sections of subchapter 

I of chapter 33 of title 5, United States Code, is amended by inserting after the item relating to section 3321 the following: 

‘‘3322. Voluntary separation before resolution of personnel investigation.’’. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. One-year extension of logistical support for coalition forces supporting 

certain United States military operations. 

Sec. 1202. Special Defense Acquisition Fund matters. 

Sec. 1203. Codification of authority for support of special operations to combat terrorism. 

Sec. 1204. Independent evaluation of strategic framework for Department of Defense 

security cooperation. 

Sec. 1205. Sense of Congress regarding an assessment, monitoring, and evaluation 

framework for security cooperation. 

Subtitle B—Matters Relating to Afghanistan and Pakistan 

Sec. 1211. Extension and modification of Commanders’ Emergency Response Program. 

Sec. 1212. Extension of authority to acquire products and services produced in countries along a major route of supply to Afghanistan. 

Sec. 1213. Extension and modification of authority to transfer defense articles and 

provide defense services to the military and security forces of Afghanistan. 

Sec. 1214. Special immigrant status for certain Afghans. 

Sec. 1215. Modification to semiannual report on enhancing security and stability in 

Afghanistan. 

Sec. 1216. 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. 1217. Improvement of oversight of United States Government efforts in Afghanistan. 

Sec. 1218. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations. 

Subtitle C—Matters Relating to Syria, Iraq, and Iran 

Sec. 1221. Modification and extension of authority to provide assistance to the vetted 

Syrian opposition. 

Sec. 1222. Modification and extension of authority to provide assistance to counter 

the Islamic State of Iraq and the Levant. 

Sec. 1223. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq. 

Sec. 1224. Limitation on provision of man-portable air defense systems to the vetted 

Syrian opposition during fiscal year 2017. 

Sec. 1225. Modification of annual report on military power of Iran. 

Sec. 1226. Quarterly report on confirmed ballistic missile launches from Iran. 

Subtitle D—Matters Relating to the Russian Federation 

Sec. 1231. Military response options to Russian Federation violation of INF Treaty. 

Sec. 1232. Limitation on military cooperation between the United States and the 

Russian Federation. 

Sec. 1233. Extension and modification of authority on training for Eastern European national military forces in the course of multilateral exercises. 

Sec. 1234. Prohibition on availability of funds relating to sovereignty of the Russian 

Federation over Crimea. 

Sec. 1235. Annual report on military and security developments involving the Russian Federation. 


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Sec. 1236. Limitation on use of funds to vote to approve or otherwise adopt any implementing decision of the Open Skies Consultative Commission and related requirements. 

Sec. 1237. Extension and enhancement of Ukraine Security Assistance Initiative. 

Sec. 1238. Reports on INF Treaty and Open Skies Treaty. 

Subtitle E—Reform of Department of Defense Security Cooperation 

Sec. 1241. Enactment of new chapter for defense security cooperation. 

Sec. 1242. Military-to-military exchanges. 

Sec. 1243. Consolidation and revision of authorities for payment of personnel expenses necessary for theater security cooperation. 

Sec. 1244. Transfer and revision of certain authorities on payment of expenses of 

training and exercises with friendly foreign forces. 

Sec. 1245. Transfer and revision of authority to provide operational support to forces 

of friendly foreign countries. 

Sec. 1246. Department of Defense State Partnership Program. 

Sec. 1247. Transfer of authority on Regional Defense Combating Terrorism Fellowship Program. 

Sec. 1248. Consolidation of authorities for service academy international engagement. 

Sec. 1249. Consolidated annual budget for security cooperation programs and activities of the Department of Defense. 

Sec. 1250. Department of Defense security cooperation workforce development. 

Sec. 1251. Reporting requirements. 

Sec. 1252. Quadrennial review of security sector assistance programs and authorities of the United States Government. 

Sec. 1253. Other conforming amendments and authority for administration. 

Subtitle F—Human Rights Sanctions 

Sec. 1261. Short title. 

Sec. 1262. Definitions. 

Sec. 1263. Authorization of imposition of sanctions. 

Sec. 1264. Reports to Congress. 

Sec. 1265. Sunset. 

Subtitle G—Miscellaneous Reports 

Sec. 1271. Modification of annual report on military and security developments involving the People’s Republic of China. 

Sec. 1272. Monitoring and evaluation of overseas humanitarian, disaster, and civic 

aid programs of the Department of Defense. 

Sec. 1273. Strategy for United States defense interests in Africa. 

Sec. 1274. Report on the potential for cooperation between the United States and 

Israel on directed energy capabilities. 

Sec. 1275. Annual update of Department of Defense Freedom of Navigation Report. 

Sec. 1276. Assessment of proliferation of certain remotely piloted aircraft systems. 

Subtitle H—Other Matters 

Sec. 1281. Enhancement of interagency support during contingency operations and 

transition periods. 

Sec. 1282. Two-year extension and modification of authorization of non-conventional 

assisted recovery capabilities. 

Sec. 1283. Authority to destroy certain specified World War II-era United States-origin chemical munitions located on San Jose Island, Republic of Panama. 

Sec. 1284. Sense of Congress on military exchanges between the United States and 

Taiwan. 

Sec. 1285. Limitation on availability of funds to implement the Arms Trade Treaty. 

Sec. 1286. Prohibition on use of funds to invite, assist, or otherwise assure the participation of Cuba in certain joint or multilateral exercises. 

Sec. 1287. Global Engagement Center. 

Sec. 1288. Modification of United States International Broadcasting Act of 1994. 

Sec. 1289. Redesignation of South China Sea Initiative. 

Sec. 1290. Measures against persons involved in activities that violate arms control 

treaties or agreements with the United States. 

Sec. 1291. Agreements with foreign governments to develop land-based water resources in support of and in preparation for contingency operations. 

Sec. 1292. Enhancing defense and security cooperation with India. 


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Sec. 1293. Coordination of efforts to develop free trade agreements with sub-Saharan African countries. 

Sec. 1294. Extension and expansion of authority to support border security operations of certain foreign countries. 

Sec. 1295. Modification and clarification of United States-Israel anti-tunnel cooperation authority. 

Sec. 1296. 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. 

Sec. 1297. International sales process improvements. 

Sec. 1298. Efforts to end modern slavery. 

Subtitle A—Assistance and Training 

SEC. 1201. ONE-YEAR EXTENSION OF LOGISTICAL SUPPORT FOR COALITION FORCES SUPPORTING CERTAIN UNITED STATES 

MILITARY OPERATIONS. 

Section 1234 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 394), as most recently 

amended by section 1201 of the National Defense Authorization Act 

for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1035), is further 

amended— 

(1) in subsection (a), by striking ‘‘fiscal year 2016’’ and inserting ‘‘fiscal year 2017’’; 

(2) in subsection (d), by striking ‘‘during the period beginning on October 1, 2015, and ending on December 31, 2016’’ 

and inserting ‘‘during the period beginning on October 1, 2016, 

and ending on December 31, 2017’’; and 

(3) in subsection (e)(1), by striking ‘‘December 31, 2016’’ 

and inserting ‘‘December 31, 2017’’. 

SEC. 1202. SPECIAL DEFENSE ACQUISITION FUND MATTERS. 

(a) INCREASE IN SIZE.—Effective as of October 1, 2016, paragraph (1) of section 114(c) of title 10, United States Code, is amended by striking ‘‘$1,070,000,000’’ and inserting ‘‘$2,500,000,000’’. 

(b) LIMITED AVAILABILITY OF CERTAIN AMOUNTS.—Such section 

is further amended— 

(1) in paragraph (2)(A), by striking ‘‘limitation in paragraph (1)’’ and inserting ‘‘limitations in paragraphs (1) and 

(3)’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(3) Of the amount available in the Special Defense Acquisition 

Fund in any fiscal year after fiscal year 2016, $500,000,000 may be 

used in such fiscal year only to procure and stock precision guided 

munitions that may be required by partner and allied forces to enhance the effectiveness of current or future contributions of such 

forces to overseas contingency operations conducted or supported by 

the United States.’’. 

(c) REPORTS.— 

(1) INITIAL PLAN ON USE OF AUTHORITY.—Before exercising 

authority for use of amounts in the Special Defense Acquisition 

Fund in excess of the size of that Fund as of September 30, 

2016, by reason of the amendments made by this section, the 

Secretary of Defense shall, with the concurrence of the Secretary 

of State, submit to the appropriate committees of Congress a report on the plan for the use of such amounts. 

(2) QUARTERLY SPENDING PLAN.—Not later than 30 days 

before the beginning of each fiscal year quarter, the Secretary 


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of Defense shall, with the concurrence of the Secretary of State, 

submit to the appropriate committees of Congress a detailed 

plan for the use of amounts in the Special Defense Acquisition 

Fund for such fiscal year quarter. 

(3) ANNUAL UPDATES.—Not later than 90 days after the end 

of each fiscal year, the Secretary of Defense shall, with the concurrence of the Secretary of State, submit to the appropriate 

committees of Congress a report setting forth the inventory of 

defense articles and services acquired, possessed, and transferred through the Special Defense Acquisition Fund in such 

fiscal year. 

(4) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In 

this subsection, the term ‘‘appropriate committees of Congress’’ 

has the meaning given that term in section 301(1) of title 10, 

United States Code (as added by section 1241(a)(3) of this Act). 

SEC. 1203. CODIFICATION OF AUTHORITY FOR SUPPORT OF SPECIAL 

OPERATIONS TO COMBAT TERRORISM. 

(a) CODIFICATION OF AUTHORITY.— 

(1) IN GENERAL.—Chapter 3 of title 10, United States Code, 

is amended by inserting before section 128 the following new 

section: 

‘‘§ 127e. Support of special operations to combat terrorism 

‘‘(a) AUTHORITY.—The Secretary of Defense may, with the concurrence of the relevant Chief of Mission, expend up to $100,000,000 

during any fiscal year to provide support to foreign forces, irregular 

forces, groups, or individuals engaged in supporting or facilitating 

ongoing military operations by United States special operations 

forces to combat terrorism. 

‘‘(b) FUNDS.—Funds for support under this section in a fiscal 

year shall be derived from amounts authorized to be appropriated 

for that fiscal year for the Department of Defense for operation and 

maintenance. 

‘‘(c) PROCEDURES.—The authority in this section shall be exercised in accordance with such procedures as the Secretary shall establish for purposes of this section. The Secretary shall notify the 

congressional defense committees of any material modification of 

such procedures. 

‘‘(d) NOTIFICATION.— 

‘‘(1) IN GENERAL.—Not later than 15 days before exercising 

the authority in this section to make funds available to initiate 

support of an approved military operation or changing the 

scope or funding level of any support for such an operation by 

$1,000,000 or an amount equal to 20 percent of such funding 

level (whichever is less), or not later than 48 hours after exercising such authority if the Secretary determines that extraordinary circumstances that impact the national security of the 

United States exist, the Secretary shall notify the congressional 

defense committees of the use of such authority with respect to 

that operation. Any such notification shall be in writing. 

‘‘(2) ELEMENTS.—A notification required by this subsection 

shall include the following: 

‘‘(A) The type of support provided or to be provided to 

United States special operations forces. 


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‘‘(B) The type of support provided or to be provided to 

the recipient of the funds. 

‘‘(C) The amount obligated under the authority to provide support. 

‘‘(e) LIMITATION ON DELEGATION.—The authority of the Secretary to make funds available under this section for support of a 

military operation may not be delegated. 

‘‘(f) INTELLIGENCE ACTIVITIES.—This section does not constitute 

authority to conduct a covert action, as such term is defined in section 503(e) of the National Security Act of 1947 (50 U.S.C. 3093(e)). 

‘‘(g) BIANNUAL REPORTS.— 

‘‘(1) REPORT ON PRECEDING CALENDAR YEAR.—Not later 

than March 1 each year, the Secretary shall submit to the congressional defense committees a report on the support provided 

under this section during the preceding calendar year. 

‘‘(2) REPORT ON CURRENT CALENDAR YEAR.—Not later than 

September 1 each year, the Secretary shall submit to the congressional defense committees a report on the support provided 

under this section during the first half of the calendar year in 

which the report is submitted. 

‘‘(3) ELEMENTS.—Each report required by this subsection 

shall include, for the period covered by such report, the following: 

‘‘(A) A summary of the ongoing military operations by 

United States special operations forces to combat terrorism 

that were supported or facilitated by foreign forces, irregular forces, groups, or individuals for which support was 

provided under this section. 

‘‘(B) A description of the support or facilitation provided by such foreign forces, irregular forces, groups, or individuals to United States special operations forces. 

‘‘(C) The type of recipients that were provided support 

under this section, identified by authorized category (foreign forces, irregular forces, groups, or individuals). 

‘‘(D) The total amount obligated for support under this 

section, including budget details. 

‘‘(E) The total amount obligated in prior fiscal years 

under this section and applicable preceding authority. 

‘‘(F) The intended duration of support provided under 

this section. 

‘‘(G) A description of the support or training provided 

to the recipients of support under this section. 

‘‘(H) A value assessment of the support provided under 

this section, including a summary of significant activities 

undertaken by foreign forces, irregular forces, groups, or individuals to support operations by United States special operations forces to combat terrorism.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 3 of such title is amended by inserting before 

the item relating to section 128 the following new item: 

‘‘127e. Support of special operations to combat terrorism.’’. 

(b) REPEAL OF SUPERSEDED AUTHORITY.—Section 1208 of the 

Ronald W. Reagan National Defense Authorization Act for Fiscal 

Year 2005 (Public Law 108–375) is repealed. 


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SEC. 1204. INDEPENDENT EVALUATION OF STRATEGIC FRAMEWORK 

FOR DEPARTMENT OF DEFENSE SECURITY COOPERATION. 

(a) EVALUATION REQUIRED.— 

(1) IN GENERAL.—The Secretary of Defense shall enter into 

an agreement with a federally funded research and development center, or another appropriate independent entity, with expertise in security cooperation to conduct an evaluation of the 

implementation of the strategic framework for Department of 

Defense security cooperation, as directed by section 1202 of the 

National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1036; 10 U.S.C. 113 note). 

(2) ELEMENTS.—The evaluation under paragraph (1) shall 

include the following: 

(A) An evaluation of the Department of Defense’s implementation of each of the required elements of the strategic 

framework. 

(B) An evaluation of the impact of the strategic framework on Department of Defense security cooperation activities, including the extent to which such activities are being 

planned, prioritized, and executed in accordance with the 

strategic framework. 

(C) Recommendations of areas in which additional 

guidance, or additional specificity within existing guidance, 

is necessary to achieve greater alignment between Department of Defense security cooperation activities and the strategic goals and priorities identified within the strategic 

framework. 

(D) Any other matters the entity that conducts the evaluation considers appropriate. 

(b) REPORT REQUIRED.— 

(1) IN GENERAL.—Not later than November 1, 2018, the 

Secretary of Defense shall submit to the congressional defense 

committees, the Committee on Foreign Relations of the Senate, 

and the Committee on Foreign Affairs of the House of Representatives a report that includes the evaluation under subsection (a) and any other matters the Secretary considers appropriate. 

(2) FORM.—The report required under paragraph (1) shall 

be submitted in unclassified form, but may include a classified 

annex. 

SEC. 1205. SENSE OF CONGRESS REGARDING AN ASSESSMENT, MONITORING, AND EVALUATION FRAMEWORK FOR SECURITY 

COOPERATION. 

It is the sense of Congress that— 

(1) the Secretary of Defense should develop and maintain 

an assessment, monitoring, and evaluation framework for security cooperation with foreign countries to ensure accountability 

and foster implementation of best practices; and 

(2) such framework— 

(A) should be consistent with interagency approaches 

and existing best practices; 

(B) should be sufficiently resourced and appropriately 

placed within the Department of Defense to enable the rigorous examination and measurement of security cooperaVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 00523 Fmt 6659 Sfmt 6603 E:\HR\OC\HR840.XXX HR840

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tion efforts towards meeting stated objectives and outcomes; 

and 

(C) should be used to inform security cooperation planning, policies, and resource decisions as well as ensure the 

effectiveness and efficiency of security cooperation efforts. 

Subtitle B—Matters Relating to Afghanistan and Pakistan 

SEC. 1211. EXTENSION AND MODIFICATION OF COMMANDERS’ EMERGENCY RESPONSE PROGRAM. 

(a) EXTENSION.—Section 1201 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

1619), as most recently amended by section 1211 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 

129 Stat. 1042), is further amended— 

(1) in subsection (a)— 

(A) by striking ‘‘During fiscal year 2016’’ and inserting 

‘‘During the period beginning on October 1, 2016, and ending on December 31, 2018’’; and 

(B) by striking ‘‘in such fiscal year’’ and inserting ‘‘in 

such period’’; 

(2) in subsection (b), by striking ‘‘fiscal year 2016’’ and inserting ‘‘fiscal year 2017 and fiscal year 2018’’; and 

(3) in subsection (f), by striking ‘‘in fiscal year 2016’’ and 

inserting ‘‘during the period beginning on October 1, 2016, and 

ending on December 31, 2018’’. 

(b) AUTHORITY FOR CERTAIN PAYMENTS TO REDRESS INJURY

AND LOSS IN AFGHANISTAN, IRAQ, AND SYRIA.— 

(1) IN GENERAL.—During the period beginning on October 

1, 2016, and ending on December 31, 2018, amounts available 

pursuant to section 1201 of the National Defense Authorization 

Act for Fiscal Year 2012, as amended by this section, shall also 

be available for ex gratia payments for damage, personal injury, or death that is incident to combat operations of the 

Armed Forces in Afghanistan, Iraq, or Syria. 

(2) NOTICE.—The Secretary of Defense shall, upon each exercise of the authority in this subsection, submit to the congressional defense committees a report setting forth the following: 

(A) The amount that will be used for payments pursuant to this subsection. 

(B) The manner in which claims for payments shall be 

verified. 

(C) The officers or officials who shall be authorized to 

approve claims for payments. 

(D) The manner in which payments shall be made. 

(3) AUTHORITIES APPLICABLE TO PAYMENT.—Any payment 

made pursuant to this subsection shall be made in accordance 

with the authorities and limitations in section 8121 of the Department of Defense Appropriations Act, 2015 (division C of 

Public Law 113–235), other than subsection (h) of such section. 

(4) CONSTRUCTION WITH RESTRICTION ON AMOUNT OF PAYMENTS.—For purposes of the application of subsection (e) of 

such section 1201, as so amended, to any payment pursuant to 

this subsection, such payment shall be deemed to be a project 

described by such subsection (e). 


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SEC. 1212. EXTENSION OF AUTHORITY TO ACQUIRE PRODUCTS AND 

SERVICES PRODUCED IN COUNTRIES ALONG A MAJOR 

ROUTE OF SUPPLY TO AFGHANISTAN. 

Section 801(f) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2399), as most recently 

amended by section 1214 of the National Defense Authorization Act 

for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1045), is further 

amended by striking ‘‘December 31, 2016’’ and inserting ‘‘December 

31, 2018’’. 

SEC. 1213. EXTENSION AND MODIFICATION OF AUTHORITY TO TRANSFER DEFENSE ARTICLES AND PROVIDE DEFENSE SERVICES TO THE MILITARY AND SECURITY FORCES OF AFGHANISTAN. 

(a) EXPIRATION.—Subsection (h) of section 1222 of the National 

Defense Authorization Act for Fiscal Year 2013 (Public Law 112– 

239; 126 Stat. 1992), as most recently amended by section 1215 of 

the National Defense Authorization Act for Fiscal Year 2016 (Public 

Law 114–92; 129 Stat. 1045), is further amended by striking ‘‘December 31, 2016’’ and inserting ‘‘December 31, 2017’’. 

(b) CONVERSION OF QUARTERLY REPORTS INTO ANNUAL REPORTS.—Effective on January 1, 2017, subsection (f) of such section 

1222, as so amended, is further amended— 

(1) in the subsection heading, by striking ‘‘QUARTERLY’’ and 

inserting ‘‘ANNUAL’’; and 

(2) in paragraph (1)— 

(A) by striking ‘‘Not later than 90 days’’ and all that 

follows through ‘‘in which the authority in subsection (a) is 

exercised’’ and inserting ‘‘Not later than March 31 of any 

year following a year in which the authority in subsection 

(a) is exercised’’; and 

(B) by striking ‘‘during the 90-day period ending on the 

date of such report’’ and inserting ‘‘during the preceding 

year’’. 

(c) EXCESS DEFENSE ARTICLES.—Subsection (i)(2) of such section 1222, as so amended, is further amended by striking ‘‘During 

fiscal years 2013, 2014, 2015, and 2016’’ each place it appears and 

inserting ‘‘Through December 31, 2017,’’. 

SEC. 1214. SPECIAL IMMIGRANT STATUS FOR CERTAIN AFGHANS. 

(a) ALIENS DESCRIBED.—Section 602(b)(2)(A)(ii)(I) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended 

to read as follows: 

‘‘(I)(aa) by, or on behalf of, the United States 

Government, in the case of an alien submitting an 

application for Chief of Mission approval pursuant 

to subparagraph (D) before the date of the enactment of the National Defense Authorization Act for 

Fiscal Year 2017; or 

‘‘(bb) by, or on behalf of, the United States 

Government, in the case of an alien submitting an 

application for Chief of Mission approval pursuant 

to subparagraph (D) on or after the date of the enactment of the National Defense Authorization Act 

for Fiscal Year 2017, which employment required 

the alien— 


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‘‘(AA) to serve as an interpreter or translator for personnel of the Department of State 

or the United States Agency for International 

Development in Afghanistan, particularly 

while traveling away from United States embassies or consulates with such personnel; 

‘‘(BB) to serve as an interpreter or translator for United States military personnel in 

Afghanistan, particularly while traveling offbase with such personnel; or 

‘‘(CC) to perform sensitive and trusted activities for the United States Government in 

Afghanistan; or’’. 

(b) NUMERICAL LIMITATIONS.—Section 602(b)(3)(F) of such Act 

is amended— 

(1) in the matter preceding clause (i), by striking ‘‘7,000’’ 

and inserting ‘‘8,500’’; and 

(2) in each of clauses (i) and (ii), by striking ‘‘December 31, 

2016;’’ and inserting ‘‘December 31, 2020’’. 

(c) REPORT.—Section 602(b)(14) of such Act is amended— 

(1) by striking ‘‘Not later than 60 days after the date of the 

enactment of this paragraph,’’ and inserting ‘‘Not later than December 31, 2016, and annually thereafter through January 31, 

2021,’’; and 

(2) in subparagraph (A)(i), by striking ‘‘under this section;’’ 

and inserting ‘‘under subclause (I) or (II)(bb) of paragraph 

(2)(A)(ii);’’. 

SEC. 1215. MODIFICATION TO SEMIANNUAL REPORT ON ENHANCING 

SECURITY AND STABILITY IN AFGHANISTAN. 

(a) REPORTS REQUIRED.—Subsection (a)(2) of section 1225 of 

the Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense 

Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 

Stat. 3550) is amended by striking ‘‘December 15, 2017’’ and inserting ‘‘December 15, 2019’’. 

(b) MATTERS TO BE INCLUDED.—Subsection (b) of such section 

is amended by adding at the end the following: 

‘‘(8) AFGHAN PERSONNEL AND PAY SYSTEM.—A description 

of the status of the implementation of the Afghan Personnel and 

Pay System (APPS) at the Afghan Ministry of Interior and the 

Afghan Ministry of Defense for personnel funds provided 

through the Afghanistan Security Forces Fund, including, with 

respect to each such Ministry— 

‘‘(A) the expected completion date for full implementation of the APPS; 

‘‘(B) the extent to which the APPS is being utilized; 

‘‘(C) an explanation of any challenges or delays affecting full implementation of the APPS; 

‘‘(D) a description of the steps taken to mitigate fraud, 

waste, and abuse in the disbursement of personnel funds 

prior to full implementation of the APPS; and 

‘‘(E) an estimate of cost savings by reason of full implementation of the APPS.’’. 


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SEC. 1216. 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. 

(a) PROHIBITION.— (1) IN GENERAL.—Amounts available to the Department of 

Defense may not be obligated or expended for a construction or 

other infrastructure program or project of the Department in Afghanistan if military or civilian personnel of the United States 

Government or their representatives with authority to conduct 

oversight of such program or project cannot safely access such 

program or project. 

(2) APPLICABILITY.—Paragraph (1) shall apply only with respect to a program or project that is initiated on or after the 

date of the enactment of this Act. 

(b) WAIVER.— (1) IN GENERAL.—The prohibition in subsection (a) may be 

waived with respect to a program or project otherwise covered 

by that subsection if a determination described in paragraph (2) 

is made as follows: 

(A) In the case of a program or project with an esti- mated lifecycle cost of less than $1,000,000, by the contracting officer assigned to oversee the program or project. 

(B) In the case of a program or project with an esti- mated lifecycle cost of $1,000,000 or more, but less than 

$20,000,000, by the Commander of the Combined Security 

Transition Command-Afghanistan. 

(C) In the case of a program or project with an esti- mated lifecycle cost of $20,000,000 or more, but less than 

$40,000,000, by the Commander of United States Forces-Afghanistan. 

(D) In the case of a program or project with an estimated lifecycle cost of $40,000,000 or more, by the Secretary of Defense. 

(2) DETERMINATION.—A determination described in this 

paragraph with respect to a program or project is a determination of each of the following: 

(A) That the program or project clearly contributes to 

United States national interests or strategic objectives. 

(B) That the Government of Afghanistan has requested 

or expressed a need for the program or project. 

(C) That the program or project has been coordinated 

with the Government of Afghanistan, and with any other 

implementing agencies or international donors. 

(D) That security conditions permit effective implementation and oversight of the program or project. 

(E) That the program or project includes safeguards to 

detect, deter, and mitigate corruption and waste, fraud, 

and abuse of funds. 

(F) That adequate arrangements have been made for 

the sustainment of the program or project following its 

completion, including arrangements with respect to funding 

and technical capacity for sustainment. 

(G) That meaningful metrics have been established to 

measure the progress and effectiveness of the program or 

project in meeting its objectives. 


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(3) NOTICE ON CERTAIN WAIVERS.—In the event a waiver is 

issued under paragraph (1) for a program or project described 

in subparagraph (D) of that paragraph, the Secretary of Defense shall notify Congress of the waiver not later than 15 days 

after the issuance of the waiver. 

SEC. 1217. IMPROVEMENT OF OVERSIGHT OF UNITED STATES GOVERNMENT EFFORTS IN AFGHANISTAN. 

(a) REPORT ON IG OVERSIGHT ACTIVITIES IN AFGHANISTAN

DURING FISCAL YEAR 2017.—Not later than 60 days after the date 

of the enactment of this Act, the Lead Inspector General for Operation Freedom’s Sentinel, as designated pursuant to section 8L of 

the Inspector General Act of 1978 (5 U.S.C. App.), shall, in coordination with the Inspector General of the Department of State, the 

Inspector General of the United States Agency for International Development, and the Special Inspector General for Afghanistan Reconstruction, submit to the appropriate committees of Congress a report on the oversight activities of United States Inspectors General 

in Afghanistan planned for fiscal year 2017. 

(b) ELEMENTS.—The report required by subsection (a) shall include the following: 

(1) A description of the requirements, responsibilities, and 

focus areas of each Inspector General of the United States planning to conduct oversight activities in Afghanistan during fiscal 

year 2017. 

(2) A comprehensive list of the funding to be used for the 

oversight activities described in paragraph (1). 

(3) A list of the oversight activities and products anticipated to be produced by each Inspector General of the United 

States in connection with oversight activities in Afghanistan 

during fiscal year 2017. 

(4) An identification of any anticipated overlap among the 

planned oversight activities of Inspectors General of the United 

States in Afghanistan during fiscal year 2017, and a justification for such overlap. 

(5) A description of the processes by which the Inspectors 

General of the United States coordinate and reduce 

redundancies in requests for information to United States Government officials executing funds in Afghanistan. 

(6) A description of the specific professional standards expected to be used to ensure the quality of different types of products issued by the Inspectors General regarding Afghanistan, 

including periodic reports to Congress and audits of Federal establishments, organizations, programs, activities, and functions. 

(7) Any other matters the Lead Inspector General for Operation Freedom’s Sentinel considers appropriate. 

(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committee on Armed Services, the Committee on 

Foreign Relations, the Committee on Homeland Security and 

Governmental Affairs, and the Committee Appropriations of the 

Senate; and 

(2) the Committee on Armed Services, the Committee on 

Foreign Affairs, the Committee on Homeland Security, and the 

Committee Appropriations of the House of Representatives. 


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SEC. 1218. EXTENSION AND MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED STATES MILITARY OPERATIONS. 

(a) EXTENSION.—Subsection (a) of section 1233 of the National 

Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 

181; 122 Stat. 393), as most recently amended by section 1212 of the 

National Defense Authorization Act for Fiscal Year 2016 (Public 

Law 114–92; 129 Stat. 1043), is further amended by striking ‘‘fiscal 

year 2016’’ and inserting ‘‘the period beginning on October 1, 2016, 

and ending on December 31, 2017,’’. 

(b) MODIFICATION OF AUTHORITIES.—Such section, as so 

amended, is further amended— 

(1) in subsection (a), by striking ‘‘the Secretary of Defense 

may reimburse any key cooperating nation’’ and all that follows 

and inserting ‘‘the Secretary of Defense may reimburse— 

‘‘(1) any key cooperating nation (other than Pakistan) for— 

‘‘(A) logistical and military support provided by that 

nation to or in connection with United States military operations in Afghanistan, Iraq, or Syria; and 

‘‘(B) logistical, military, and other support, including 

access, provided by that nation to or in connection with 

United States military operations described in subparagraph (A); and 

‘‘(2) Pakistan for certain activities meant to enhance the security situation in the Afghanistan-Pakistan border region and 

for counterterrorism.’’; and 

(2) in subsection (b), by striking ‘‘in Iraq or in Operation 

Enduring Freedom in Afghanistan’’ and inserting ‘‘in Afghanistan, Iraq, or Syria’’. 

(c) LIMITATION ON AMOUNTS AVAILABLE.—Subsection (d)(1) of 

such section, as so amended, is further amended— 

(1) in the second sentence, by striking ‘‘during fiscal year 2016 may not exceed $1,160,000,000’’ and inserting ‘‘during the 

period beginning on October 1, 2016, and ending on December 

31, 2017, may not exceed $1,100,000,000’’; 

(2) in the third sentence, by striking ‘‘fiscal year 2016’’ and 

inserting ‘‘the period beginning on October 1, 2016, and ending 

on December 31, 2017,’’; and 

(3) by striking the first sentence. 

(d) REIMBURSEMENT OF PAKISTAN FOR SECURITY ENHANCEMENT ACTIVITIES.—Such section, as so amended, is further amended— 

(1) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and 

(2) by inserting after subsection (d) the following: 

‘‘(e) REIMBURSEMENT OF PAKISTAN FOR SECURITY ENHANCEMENT ACTIVITIES.— 

‘‘(1) ACTIVITIES.—Reimbursement authorized by subsection 

(a)(2) may be provided for activities as follows: 

‘‘(A) Counterterrorism activities, including the following: 

‘‘(i) Eliminating infrastructure, training areas, and 

sanctuaries used by terrorist groups, and preventing 

the establishment of new or additional infrastructure, 

training areas, and sanctuaries. 


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‘‘(ii) Direct action against individuals that are involved in or supporting terrorist activities. 

‘‘(iii) Any other activity recognized by the Secretary 

of Defense as a counterterrorism activity for purposes 

of subsection (a)(2). 

‘‘(B) Border security activities along the AfghanistanPakistan border, including the following: 

‘‘(i) Building and maintaining border outposts. 

‘‘(ii) Strengthening cooperative efforts between the 

Pakistan military and the Afghan National Defense 

and Security Forces, including border security cooperation. 

‘‘(iii) Maintaining access to and securing key 

ground lines of communication. 

‘‘(iv) Providing training and equipment for the 

Pakistan Frontier Corps Khyber Pakhtunkhwa. 

‘‘(v) Improving interoperability between the Pakistan military and the Pakistan Frontier Corps Khyber 

Pakhtunkhwa. 

‘‘(C) Any activities carried out by the Pakistan military 

that the Secretary of Defense determines and reports to the 

appropriate congressional committees have enhanced the security of United States personnel stationed in Afghanistan 

or enhanced the effectiveness of United States military personnel in conducting counterterrorism operations and 

training, advising, and assisting the Afghan National Defense and Security Forces. 

‘‘(2) REPORT.—Not later than December 31, 2017, the Secretary of Defense shall submit to the appropriate congressional 

committees a report on the expenditure of funds under the authority in subsection (a)(2), including a description of the following: 

‘‘(A) The purpose for which such funds were expended. 

‘‘(B) Each organization on whose behalf such funds 

were expended, including the amount expended on such organization and the number of members of such organization supported by such amount. 

‘‘(C) Any limitation imposed on the expenditure of 

funds under subsection (a)(2), including on any recipient of 

funds or any use of funds expended. 

‘‘(3) INFORMATION ON CLAIMS DISALLOWED OR DEFERRED BY

THE UNITED STATES.— 

‘‘(A) IN GENERAL.—The Secretary of Defense shall submit to the appropriate congressional committees, in the 

manner specified in subparagraph (B), an itemized description of the costs claimed by the Government of Pakistan for 

activities specified in paragraph (1) provided by Government of Pakistan to the United States for which the United 

States will disallow or defer reimbursement to the Government of Pakistan under the authority in subsection (a)(2). 

‘‘(B) MANNER OF SUBMITTAL.— ‘‘(i) IN GENERAL.—To the maximum extent practicable, the Secretary shall submit each itemized description of costs required by subparagraph (A) not 

later than 180 days after the date on which a decision 


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to disallow or defer reimbursement for the costs 

claimed is made. 

‘‘(ii) FORM.—Each itemized description of costs 

under clause (i) shall be submitted in an unclassified 

form, but may include a classified annex.’’. 

(e) EXTENSION OF NOTICE REQUIREMENT RELATING TO REIM- BURSEMENT OF PAKISTAN FOR SUPPORT PROVIDED BY PAKISTAN.— Section 1232(b)(6) of the National Defense Authorization Act for Fiscal Year 2008 (122 Stat. 393), as most recently amended by section 

1212(c) of the National Defense Authorization Act for Fiscal Year 

2016 (129 Stat. 1043), is further amended by striking ‘‘September 

30, 2016’’ and inserting ‘‘December 31, 2017’’. 

(f) EXTENSION OF LIMITATION ON REIMBURSEMENT OF PAKISTAN

PENDING CERTIFICATION ON PAKISTAN.—Section 1227(d)(1) of the 

National Defense Authorization Act for Fiscal Year 2013 (Public 

Law 112–239; 126 Stat. 2001), as most recently amended by section 

1212(d) of the National Defense Authorization Act for Fiscal Year 

2016 (129 Stat. 1043), is further amended by striking ‘‘for fiscal 

year 2016 or any prior fiscal year’’ and inserting ‘‘for any period 

prior to December 31, 2017’’. 

(g) ADDITIONAL LIMITATION ON REIMBURSEMENT OF PAKISTAN

PENDING CERTIFICATION ON PAKISTAN.—Of the total amount of reimbursements and support authorized for Pakistan during the period beginning on October 1, 2016, and ending on December 31, 

2017, pursuant to the third sentence of section 1233(d)(1) of the National Defense Authorization Act for Fiscal Year 2008 (as amended 

by subsection (b)(2)), $400,000,000 shall not be eligible for the waiver under section 1227(d)(2) of the National Defense Authorization 

Act for Fiscal Year 2013 (126 Stat. 2001) unless the Secretary of Defense certifies to the congressional defense committees that— 

(1) Pakistan continues to conduct military operations that 

are contributing to significantly disrupting the safe haven and 

freedom of movement of the Haqqani Network in Pakistan; 

(2) Pakistan has taken steps to demonstrate its commitment 

to prevent the Haqqani Network from using any Pakistani territory as a safe haven; 

(3) the Government of Pakistan actively coordinates with 

the Government of Afghanistan to restrict the movement of militants, such as the Haqqani Network, along the AfghanistanPakistan border; and 

(4) Pakistan has shown progress in arresting and prosecuting Haqqani Network senior leaders and mid-level 

operatives. 

Subtitle C—Matters Relating to Syria, Iraq, and Iran 

SEC. 1221. MODIFICATION AND EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE TO THE VETTED SYRIAN OPPOSITION. 

(a) IN GENERAL.—Subsection (a) of section 1209 of the Carl 

Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3541) 

is amended by striking ‘‘December 31, 2016’’ and inserting ‘‘December 31, 2018’’. 

(b) REPROGRAMMING REQUIREMENT.—Subsection (f) of such section, as amended by section 1225(e) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 


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1055), is further amended in paragraph (1) by striking ‘‘December 

31, 2016’’ and inserting ‘‘December 31, 2018’’. 

SEC. 1222. MODIFICATION AND EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE TO COUNTER THE ISLAMIC STATE OF 

IRAQ AND THE LEVANT. 

(a) AUTHORITY.—Subsection (a) of section 1236 of the Carl 

Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3559) 

is amended by striking ‘‘December 31, 2016’’ and inserting ‘‘December 31, 2018’’. 

(b) FUNDING.—Subsection (g) of such section, as amended by 

section 1223 of the National Defense Authorization Act for Fiscal 

Year 2016 (Public Law 114–92; 129 Stat. 1049), is further amended— 

(1) by striking the first sentence and inserting the following: ‘‘Of the amounts authorized to be appropriated in the 

National Defense Authorization Act for Fiscal Year 2017 for 

Overseas Contingency Operations in title XV for fiscal year 

2017, there are authorized to be appropriated $630,000,000 to 

carry out this section.’’; and 

(2) by striking the second sentence. 

(c) ADDITIONAL ASSESSMENT ON CERTAIN ACTIONS BY GOVERNMENT OF IRAQ.—Subsection (l) of such section, as added by section 

1223(e) of the National Defense Authorization Act for Fiscal Year 

2016 (Public Law 114–92; 129 Stat. 1050), is amended in paragraph (1)(A) by striking ‘‘National Defense Authorization Act for 

Fiscal Year 2016’’ and inserting ‘‘National Defense Authorization 

Act for Fiscal Year 2017, and annually thereafter’’. 

(d) PROHIBITION ON ASSISTANCE AND REPORT ON EQUIPMENT

OR SUPPLIES TRANSFERRED TO OR ACQUIRED BY VIOLENT EXTREMIST ORGANIZATIONS.—Subsection (f) of section 1223 of the National 

Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 

129 Stat. 1050) is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘, as so amended,’’; and 

(B) by inserting ‘‘(and annually thereafter until December 31, 2018)’’ after ‘‘certifies to the appropriate congressional committees, after the date of the enactment of this 

Act’’; and 

(2) in paragraph (2), by striking ‘‘, as so amended,’’. 

SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT OPERATIONS AND ACTIVITIES OF THE OFFICE OF 

SECURITY COOPERATION IN IRAQ. 

(a) EXTENSION OF AUTHORITY.—Subsection (f)(1) of section 1215 

of the National Defense Authorization Act for Fiscal Year 2012 

(Public Law 112–81; 125 Stat. 1631; 10 U.S.C. 113 note), as most 

recently amended by section 1221 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 

1047), is further amended by striking ‘‘fiscal year 2016’’ and inserting ‘‘fiscal year 2017’’. 

(b) LIMITATION ON AMOUNT.—Subsection (c) of such section is 

amended— 

(1) by striking ‘‘fiscal year 2016’’ and inserting ‘‘fiscal year 

2017’’; and 

(2) by striking ‘‘$80,000,000’’ and inserting ‘‘$70,000,000’’. 


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(c) SOURCE OF FUNDS.—Subsection (d) of such section is 

amended by striking ‘‘fiscal year 2016’’ and inserting ‘‘fiscal year 

2017’’. 

SEC. 1224. LIMITATION ON PROVISION OF MAN-PORTABLE AIR DEFENSE SYSTEMS TO THE VETTED SYRIAN OPPOSITION 

DURING FISCAL YEAR 2017. 

(a) NOTICE AND WAIT.—If a determination is made during fiscal year 2017 to use funds available to the Department of Defense 

for that fiscal year to provide man-portable air defense systems 

(MANPADs) to the vetted Syrian opposition pursuant to the authority in section 1209 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon 

National Defense Authorization Act for Fiscal Year 2015 (Public 

Law 113–291; 128 Stat. 3541), such funds may not be used for that 

purpose until— 

(1) the Secretary of Defense and the Secretary of State jointly submit to the appropriate congressional committees a report 

on the determination; and 

(2) 30 days elapses after the date of the submittal of such 

report to the appropriate congressional committees. 

(b) ELEMENTS.—The report under subsection (a) shall set forth 

the following: 

(1) A description of each element of the vetted Syrian opposition that will provided man-portable air defense systems as 

described in subsection (a), including— 

(A) the geographic location of such element; 

(B) a detailed intelligence assessment of such element; 

(C) a description of the alignment of such element 

within the broader conflict in Syria; and 

(D) a description and assessment of the assurance, if 

any, received by the commander of such element in connection with the provision of man-portable air defense systems. 

(2) The number and type of man-portable air defense systems to be so provided. 

(3) The logistics plan for providing and resupplying each 

element to be so provided man-portable air defense systems with 

additional man-portable air defense systems. 

(4) The duration of support to be provided in connection 

with the provision of man-portable air defense systems. 

(5) The justification for the provision of man-portable air 

defense systems to each element of the vetted Syrian opposition, 

including an explanation of the purpose and expected employment of such systems. 

(6) Any other matters that the Secretary of Defense and the 

Secretary of State jointly consider appropriate. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ has 

the meaning given that term in section 1209(e)(2) of the Carl Levin 

and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act 

for Fiscal Year 2015. 

SEC. 1225. MODIFICATION OF ANNUAL REPORT ON MILITARY POWER 

OF IRAN. 

(a) IN GENERAL.—Section 1245(b)(3) of the National Defense 

Authorization Act for Fiscal Year 2010 (10 U.S.C. 113 note) is 

amended by striking subparagraph (F) and inserting the following 

new subparagraph (F): 


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‘‘(F) Iran’s cyber capabilities, including— 

‘‘(i) Iran’s ability to use proxies and other actors to 

mask its cyber operations; 

‘‘(ii) Iran’s ability to target United States governmental and nongovernmental entities and activities; 

and 

‘‘(iii) cooperation with or assistance from state and 

non-state actors in support or enhancement of Iran’s 

cyber capabilities;’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on January 1, 2018, and shall apply with respect 

to reports required to be submitted under section 1245 of the National Defense Authorization Act for Fiscal Year 2010 on or after 

that date. 

SEC. 1226. QUARTERLY REPORT ON CONFIRMED BALLISTIC MISSILE 

LAUNCHES FROM IRAN. 

(a) QUARTERLY REPORT ON CONFIRMED LAUNCHES.—Not later 

than the last day of the first fiscal year quarter beginning after the 

date of the enactment of this Act, and every 90 days thereafter, the 

Director of National Intelligence shall submit to the appropriate 

committees of Congress a report describing any confirmed ballistic 

missile launch by Iran during the previous calendar quarter. 

(b) QUARTERLY REPORT ON IMPOSITION OF SANCTIONS IN CON- NECTION WITH LAUNCHES.—Not later than the last day of the second fiscal year quarter beginning after the date of the enactment of 

this Act, and every 90 days thereafter, the Secretary of State and the 

Secretary of Treasury shall jointly submit to the appropriate committees of Congress a report setting forth a description of the following: 

(1) The efforts, if any, to impose unilateral sanctions 

against appropriate entities or individuals in connection with a 

confirmed ballistic missile launch from Iran. 

(2) The diplomatic efforts, if any, to impose multilateral 

sanctions against appropriate entities or individuals in connection with such a confirmed ballistic missile launch. 

(3) Any other matters the Secretaries consider appropriate. 

(c) CONCURRENT SUBMITTAL OF QUARTERLY REPORTS.—The report on a calendar quarter under subsection (a) shall be submitted 

concurrently with the report on the calendar quarter under subsection (b). 

(d) FORM.—Each report under this section shall, to the extent 

practicable, be submitted in unclassified form, but may include a 

classified annex. 

(e) SUNSET.—No report is required under this section after December 31, 2019. 

(f) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committee on Armed Services, the Committee on 

Foreign Relations, the Committee on Banking, Housing, and 

Urban Affairs, and the Select Committee on Intelligence of the 

Senate; and 

(2) the Committee on Armed Services, the Committee on 

Foreign Affairs, the Committee on Financial Services, and the 

Permanent Select Committee on Intelligence of the House of 

Representatives. 


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Subtitle D—Matters Relating to the Russian Federation 

SEC. 1231. MILITARY RESPONSE OPTIONS TO RUSSIAN FEDERATION 

VIOLATION OF INF TREATY. 

An amount equal to $10,000,000 of the amount authorized to be 

appropriated or otherwise made available to the Department of Defense for fiscal year 2017 to provide support services to the Executive 

Office of the President shall be withheld from obligation or expenditure until the Secretary of Defense completes the meaningful development of the military capabilities described in paragraph (1) of 

section 1243(d) of the National Defense Authorization Act for Fiscal 

Year 2016 (Public Law 114–92; 129 Stat. 1062), as required to be 

addressed in the plan under that paragraph, in accordance with the 

requirements described in paragraph (3) of such section. 

SEC. 1232. LIMITATION ON MILITARY COOPERATION BETWEEN THE 

UNITED STATES AND THE RUSSIAN FEDERATION. 

(a) LIMITATION.—None of the funds authorized to be appropriated for fiscal year 2017 for the Department of Defense may be 

used for any bilateral military-to-military cooperation between the 

Governments of the United States and the Russian Federation until 

the Secretary of Defense, in coordination with the Secretary of State, 

certifies to the appropriate congressional committees that— 

(1) the Russian Federation has ceased its occupation of 

Ukrainian territory and its aggressive activities that threaten 

the sovereignty and territorial integrity of Ukraine and members of the North Atlantic Treaty Organization; and 

(2) the Russian Federation is abiding by the terms of and 

taking steps in support of the Minsk Protocols regarding a 

ceasefire in eastern Ukraine. 

(b) NONAPPLICABILITY.—The limitation in subsection (a) shall 

not apply to— 

(1) any activities necessary to ensure the compliance of the 

United States with its obligations or the exercise of rights of the 

United States under any bilateral or multilateral arms control 

or nonproliferation agreement or any other treaty obligation of 

the United States; and 

(2) any activities required to provide logistical or other support to the conduct of United States or North Atlantic Treaty 

Organization military operations in Afghanistan or the withdrawal from Afghanistan. 

(c) WAIVER.—The Secretary of Defense may waive the limitation 

in subsection (a) if the Secretary of Defense, in coordination with the 

Secretary of State— 

(1) determines that the waiver is in the national security interest of the United States; and 

(2) submits to the appropriate congressional committees— 

(A) a notification that the waiver is in the national security interest of the United States and a description of the 

national security interest covered by the waiver; and 

(B) a report explaining why the Secretary of Defense 

cannot make the certification under subsection (a). 

(d) EXCEPTION FOR CERTAIN MILITARY BASES.—The certification requirement specified in paragraph (1) of subsection (a) shall 

not apply to military bases of the Russian Federation in Ukraine’s 

Crimean peninsula operating in accordance with its 1997 agreement 


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on the Status and Conditions of the Black Sea Fleet Stationing on 

the Territory of Ukraine. 

(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Armed Services and the Committee on 

Foreign Relations of the Senate; and 

(2) the Committee on Armed Services and the Committee on 

Foreign Affairs of the House of Representatives. 

SEC. 1233. EXTENSION AND MODIFICATION OF AUTHORITY ON TRAINING FOR EASTERN EUROPEAN NATIONAL MILITARY 

FORCES IN THE COURSE OF MULTILATERAL EXERCISES. 

(a) FORCES ELIGIBLE FOR TRAINING.—Subsection (a) of section 

1251 of the National Defense Authorization Act for Fiscal Year 2016 

(Public Law 114–92; 129 Stat. 1070; 10 U.S.C. 2282 note) is amended by striking ‘‘national military forces’’ and inserting ‘‘national security forces’’. 

(b) ADDITIONAL SOURCE OF FUNDING.—Subsection (d)(2) of such 

section is amended by adding at the end the following new subparagraph: 

‘‘(C) Amounts authorized to be appropriated for a fiscal 

year for overseas contingency operations for operation and 

maintenance, Army, and available for additional activities 

for the European Deterrence Initiative for that fiscal year.’’. 

(c) ONE-YEAR EXTENSION.—Subsection (h) of such section is 

amended— 

(1) by striking ‘‘September 30, 2017’’ and inserting ‘‘September 30, 2018’’; and 

(2) by striking ‘‘through 2017’’ and inserting ‘‘through 

2018’’. 

(d) CONFORMING AMENDMENT.—The heading of such section is 

amended to read as follows: 

‘‘SEC. 1251. TRAINING FOR EASTERN EUROPEAN NATIONAL SECURITY 

FORCES IN THE COURSE OF MULTILATERAL EXERCISES.’’. 

SEC. 1234. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO 

SOVEREIGNTY OF THE RUSSIAN FEDERATION OVER CRIMEA. 

(a) PROHIBITION.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 

for the Department of Defense may be obligated or expended to implement any activity that recognizes the sovereignty of the Russian 

Federation over Crimea. 

(b) WAIVER.—The Secretary of Defense, with the concurrence of 

the Secretary of State, may waive the restriction on the obligation 

or expenditure of funds required by subsection (a) if the Secretary— 

(1) determines that to do so is in the national security interest of the United States; and 

(2) submits to the Committee on Armed Services and the 

Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs 

of the House of Representatives a notification of the waiver at 

the time the waiver is invoked. 


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SEC. 1235. ANNUAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS INVOLVING THE RUSSIAN FEDERATION. 

(a) ADDITIONAL MATTERS TO BE INCLUDED IN REPORT.—Subsection (b) of section 1245 of the Carl Levin and Howard P. ‘‘Buck’’ 

McKeon National Defense Authorization Act for Fiscal Year 2015 

(Public Law 113–291; 128 Stat. 3566), as amended by section 1248 

of the National Defense Authorization Act for Fiscal Year 2016 

(Public Law 114–92; 129 Stat. 1066), is further amended— 

(1) by redesignating paragraphs (10) through (18) as paragraphs (12) through (20), respectively; 

(2) by inserting after paragraph (9) the following new paragraphs: 

‘‘(10) In consultation with the Secretary of State, the Secretary of the Treasury, and the Director of National Intelligence, an assessment of Russia’s diplomatic, economic, and intelligence operations in Ukraine. 

‘‘(11) A summary of all Russian foreign military deployments, as of the date that is one month before the date of submission of the report, including for each deployment the estimated number of forces deployed, the types of capabilities deployed (including any advanced weapons), the length of deployment as of such date, and, if known, any basing agreement with 

the host nation.’’; 

(3) by striking paragraph (14), as redesignated by paragraph (1) of this subsection, and inserting the following new 

paragraph: 

‘‘(14) An analysis of the nuclear strategy and associated 

doctrine of Russia and of the capabilities, range, and readiness 

of all Russian nuclear systems and delivery methods.’’; and 

(4) in paragraph (18)(B), as redesignated by paragraph (1) 

of this subsection, by striking ‘‘day before the date of submission 

of the report’’ and inserting ‘‘date that is one month before the 

date of submission of the report’’. 

(b) PUBLISHING REQUIREMENT.—Such section is further amended— 

(1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and 

(2) by inserting after subsection (c) the following new subsection: 

‘‘(d) PUBLISHING REQUIREMENT.—Upon submission of the report 

required under subsection (a) in both classified and unclassified 

form, the Secretary of Defense shall publish the unclassified form on 

the website of the Department of Defense.’’. 

(c) SUNSET.—Subsection (g) of such section, as redesignated by 

subsection (b)(1) of this section, is amended by striking ‘‘June 1, 

2018’’ and inserting ‘‘January 31, 2021’’. 

SEC. 1236. LIMITATION ON USE OF FUNDS TO VOTE TO APPROVE OR 

OTHERWISE ADOPT ANY IMPLEMENTING DECISION OF 

THE OPEN SKIES CONSULTATIVE COMMISSION AND RELATED REQUIREMENTS. 

(a) LIMITATION.—None of the funds authorized to be appropriated or otherwise made available by this Act or any other Act for 

fiscal year 2017 or any subsequent fiscal year may be used to vote 

to approve or otherwise adopt any implementing decision of the 

Open Skies Consultative Commission pursuant to Article X of the 

Open Skies Treaty to authorize approval of requests by state parties 


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to the Treaty to certify infra-red or synthetic aperture radar sensors 

pursuant to Article IV of the Treaty unless and until the Secretary 

of Defense, jointly with the relevant United States Government officials, submits to the appropriate congressional committees the following: 

(1) A certification that the implementing decision would not 

be detrimental or otherwise harmful to the national security of 

the United States. 

(2) A report on the Open Skies Treaty that includes the following: 

(A) The annual costs to the United States associated 

with countermeasures to combat potential abuses of observation flights by the Russian Federation carried out under 

the Treaty over European and United States territories involving infra-red or synthetic aperture radar sensors. 

(B) A plan, and its estimated comparative cost, to replace the Treaty architecture with a more robust sharing of 

overhead commercial imagery, consistent with United 

States national security, with covered state parties, excluding the Russian Federation. 

(C) An evaluation by the Director of National Intelligence of matters concerning how an observation flight described in subparagraph (A) could implicate intelligence activities of the Russian Federation in the United States and 

United States counterintelligence activities and 

vulnerabilities. 

(D) An assessment of how such information is used by 

the Russian Federation, for what purpose, and how the information fits into the Russian Federation’s overall collection posture. 

(b) CERTIFICATION.—Not later than 90 days before the date on 

which the United States votes to approve or otherwise adopt any implementing decision of the Open Skies Consultative Commission as 

described in subsection (a), the Secretary of State shall— 

(1) submit to the appropriate congressional committees a 

certification that— 

(A) the Russian Federation— 

(i) is not taking any actions that are inconsistent 

with the terms of the Open Skies Treaty; 

(ii) is not exceeding the imagery limits set forth in 

the Treaty; and 

(iii) is allowing observation flights by covered state 

parties over all of Moscow, Chechnya, Kaliningrad and 

within 10 kilometers of its border with Georgia’s occupied territories of Abkhazia and South Ossetia without 

restriction and without inconsistency to requirements 

under the Treaty; and 

(B) covered state parties have been notified and briefed 

on concerns of the intelligence community (as defined in 

section 3 of the National Security Act of 1947 (50 U.S.C. 

3003)) regarding infra-red or synthetic aperture radar sensors used under the Open Skies Treaty; or 

(2) if the Secretary of State is unable to make a certification 

under paragraph (1), submit to the appropriate congressional 

committees a report that contains the reasons why the Secretary 


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cannot make such certification and a justification why it is in 

the national interest of the United States to vote to approve or 

otherwise adopt such implementing decision. 

(c) QUARTERLY REPORT.— (1) IN GENERAL.—The Secretary of Defense, jointly with the 

Secretary of Energy, the Secretary of Homeland Security, the 

Director of the Federal Bureau of Investigation, and the Director of National Intelligence, shall submit to the appropriate congressional committees on a quarterly basis a report on all observation flights by the Russian Federation over the United States 

during the preceding calendar quarter. 

(2) CONTENTS.—The report required under paragraph (1) 

shall include the following with respect to each such observation flight: 

(A) A description of the flight path. 

(B) An analysis of whether and the extent to which any 

United States critical infrastructure was the subject of 

image capture activities of such observation flight. 

(C) An estimate for the mitigation costs imposed on the 

Department of Defense or other United States Government 

agencies by such observation flight. 

(D) An assessment of how such information is used by 

the Russian Federation, for what purpose, and how the information fits into the Russian Federation’s overall collection posture. 

(3) SUNSET.—The requirements of this subsection shall terminate 5 years after the date of the enactment of this Act. 

(d) ADDITIONAL LIMITATION.— (1) IN GENERAL.—Not more than 65 percent of the funds 

authorized to be appropriated or otherwise made available by 

this Act or any other Act for fiscal year 2017 may be used to 

carry out any activities to implement the Open Skies Treaty 

until the requirements described in paragraph (2) are met. 

(2) REQUIREMENTS DESCRIBED.—The requirements described in this paragraph are the following: 

(A) The Director of National Intelligence and the Director of the National Geospatial-Intelligence Agency jointly 

submit to the appropriate congressional committees a report 

on the following: 

(i) Whether it is possible, consistent with United 

States national security interests, to provide enhanced 

access to United States commercial imagery or other 

United States capabilities, consistent with the protection of sources and methods and United States national security, to covered state parties that is qualitatively similar to that derived by observation flights 

over the territory of the United States or over the territory of a covered state party under the Open Skies 

Treaty, on a more timely basis. 

(ii) What the cost would be to provide enhanced access to such commercial imagery or other capabilities 

as compared to the current imagery sharing through 

the Treaty. 

(iii) Whether any new agreements would be needed 

to provide enhanced access to such commercial imagery 


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or other capabilities and what would be required to obtain such agreements. 

(iv) Whether transitioning to such commercial imagery or other capabilities from the current imagery 

sharing through the Treaty would reduce opportunities 

by the Russian Federation to exceed imagery limits and 

reduce utility for Russian intelligence collection against 

the United States or covered state parties. 

(v) How such commercial imagery or other capabilities would compare to the current imagery sharing 

through the Treaty. 

(B) The Secretary of State, in consultation with the Director of the National Geospatial Intelligence Agency and 

the Secretary of Defense, submits to the appropriate congressional committees a report that— 

(i) details the costs for implementation of the Open 

Skies Treaty, including— 

(I) mitigation costs relating to national security; and 

(II) aircraft, sensors, and related overhead and 

implementation costs for covered state parties; and 

(ii) describes the impact on contributions and participation by covered state parties and relationships 

among covered state parties in the context of the Open 

Skies Treaty, the North Atlantic Treaty Organization, 

and any other venues for United States partnership 

dialogue and activity. 

(e) FORM.—Each certification, report, and notice required under 

this section shall be submitted in unclassified form, but may contain a classified annex if necessary. 

(f) DEFINITIONS.—In this section: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the Committee on Armed Services, the Committee 

on Foreign Relations, and the Select Committee on Intelligence of the Senate; and 

(B) the Committee on Armed Services, the Committee 

on Foreign Affairs, and the Permanent Select Committee on 

Intelligence of the House of Representatives. 

(2) COVERED STATE PARTY.—The term ‘‘covered state party’’ 

means a foreign country that— 

(A) is a state party to the Open Skies Treaty; and 

(B) is a United States ally. 

(3) INFRA-RED OR SYNTHETIC APERTURE RADAR SENSOR.— 

The term ‘‘infra-red or synthetic aperture radar sensor’’ means 

a sensor that is classified as— 

(A) an infra-red line-scanning device under category C 

of paragraph 1 of Article IV of the Open Skies Treaty; or 

(B) a sideways-looking synthetic aperture radar under 

category D of paragraph 1 of Article IV of the Open Skies 

Treaty. 

(4) OBSERVATION FLIGHT.—The term ‘‘observation flight’’ 

has the meaning given such term in Article II of the Open Skies 

Treaty. 


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(5) OPEN SKIES TREATY; TREATY.—The term ‘‘Open Skies 

Treaty’’ or ‘‘Treaty’’ means the Treaty on Open Skies, done at 

Helsinki March 24, 1992, and entered into force January 1, 

2002. 

(6) RELEVANT UNITED STATES GOVERNMENT OFFICIALS.— The term ‘‘relevant United States Government officials’’ means 

the following: 

(A) The Secretary of Energy. 

(B) The Secretary of Homeland Security. 

(C) The Director of the Federal Bureau of Investigation. 

(D) The Director of National Intelligence. 

(E) The Commander of U.S. Strategic Command and 

the Commander of U.S. Northern Command in the case of 

an observation flight over the territory of the United States. 

(F) The Commander of U.S. European Command in 

the case of an observation flight other than an observation 

flight described in subparagraph (E). 

(7) SENSOR.—The term ‘‘sensor’’ has the meaning given 

such term in Article II of the Open Skies Treaty. 

SEC. 1237. EXTENSION AND ENHANCEMENT OF UKRAINE SECURITY ASSISTANCE INITIATIVE. 

(a) FUNDING.—Section 1250 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1068) 

is amended— 

(1) in subsection (a), by striking ‘‘Of the amounts’’ and all 

that follows through ‘‘shall be available to’’ and inserting 

‘‘Amounts available for a fiscal year under subsection (f) shall 

be available to’’; 

(2) by redesignating subsection (f) as subsection (h); and 

(3) by inserting after subsection (e) the following new subsection (f): 

‘‘(f) FUNDING.—From amounts authorized to be appropriated for 

the fiscal year concerned for the Department of Defense for overseas 

contingency operations, up to the following shall be available for 

purposes of subsection (a): 

‘‘(1) For fiscal year 2016, $300,000,000. 

‘‘(2) For fiscal year 2017, $350,000,000.’’. 

(b) ADDITIONAL AUTHORIZED ASSISTANCE.—Subsection (b) of 

such section is amended by adding at the end the following new 

paragraphs: 

‘‘(10) Equipment and technical assistance to the State Border Guard Service of Ukraine for the purpose of developing a 

comprehensive border surveillance network for Ukraine. 

‘‘(11) Training for staff officers and senior leadership of the 

military.’’. 

(c) AVAILABILITY OF FUNDS.—Subsection (c) of such section is 

amended— 

(1) by striking paragraphs (1) and (2) and inserting the following new paragraphs: 

‘‘(1) ASSISTANCE FOR UKRAINE.—Not more than 

$175,000,000 of the funds available for fiscal year 2017 pursuant to subsection (f)(2) may be used for purposes of subsection 

(a) until the certification described in paragraph (2) is made. 

‘‘(2) CERTIFICATION.—The certification described in this 

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ordination with the Secretary of State, that the Government of 

Ukraine has taken substantial actions to make defense institutional reforms, in such areas as civilian control of the military, 

cooperation and coordination with Verkhovna Rada efforts to 

exercise oversight of the Ministry of Defense and military forces, 

increased transparency and accountability in defense procurement, and improvement in transparency, accountability, and 

potential opportunities for privatization in the defense industrial sector, for purposes of decreasing corruption, increasing 

accountability, and sustaining improvements of combat capability enabled by assistance under subsection (a). The certification shall include an assessment of the substantial actions 

taken to make such defense institutional reforms and the areas 

in which additional action is needed.’’; 

(2) in paragraph (3), by striking the matter preceding subparagraph (A) and inserting the following: 

‘‘(3) OTHER PURPOSES.—If in fiscal year 2017 funds are not 

available for purposes of subsection (a) by reason of the lack of 

a certification described in paragraph (2), such funds may be 

used in that fiscal year for the purposes as follows, with not 

more than $100,000,000 available for the purposes as follows 

for any particular country:’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(4) NOTICE TO CONGRESS.—Not later than 15 days before 

providing assistance or support under paragraph (3), the Secretary of Defense shall submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and 

the Committee on Foreign Affairs of the House of Representatives a notification containing the following: 

‘‘(A) The recipient foreign country. 

‘‘(B) A detailed description of the assistance or support 

to be provided, including— 

‘‘(i) the objectives of such assistance or support; 

‘‘(ii) the budget for such assistance or support; and 

‘‘(iii) the expected or estimated timeline for delivery 

of such assistance or support. 

‘‘(C) Such other matters as the Secretary considers appropriate.’’. 

(d) CONSTRUCTION WITH OTHER AUTHORITY.—Such section is 

further amended by inserting after subsection (f), as amended by 

subsection (a)(3) of this section, the following new subsection (g): 

‘‘(g) CONSTRUCTION WITH OTHER AUTHORITY.—The authority to 

provide assistance and support pursuant to subsection (a), and the 

authority to provide assistance and support under subsection (c), is 

in addition to authority to provide assistance and support under 

title 10, United States Code, the Foreign Assistance Act of 1961, the 

Arms Export Control Act, or any other provision of law.’’. 

(e) EXTENSION.—Subsection (h) of such section, as redesignated 

by subsection (a)(2) of this section, is amended by striking ‘‘December 31, 2017’’ and inserting ‘‘December 31, 2018’’. 

(f) EXTENSION OF REPORTS ON MILITARY ASSISTANCE TO

UKRAINE.—Section 1275(e) of the Carl Levin and Howard P. ‘‘Buck’’ 

McKeon National Defense Authorization Act for Fiscal Year 2015 

(Public Law 113–291; 128 Stat. 3592), as amended by section 

1250(g) of the National Defense Authorization Act for Fiscal Year 


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2016, is further amended by striking ‘‘December 31, 2017’’ and inserting ‘‘January 31, 2021’’. 

SEC. 1238. REPORTS ON INF TREATY AND OPEN SKIES TREATY. 

(a) REPORTS.—Not later than 90 days after the date of the enactment of this Act, the Chairman of the Joint Chiefs of Staff shall 

submit to the appropriate congressional committees the following reports: 

(1) A report on the Open Skies Treaty containing— 

(A) an assessment, conducted by the Chairman jointly 

with the Secretary of Defense and the Secretary of State, of 

whether and why the Treaty remains in the national security interest of the United States, including if there are 

compliance concerns related to implementation of the Treaty by the Russian Federation; 

(B) a specific plan by the Chairman jointly with the 

Secretary of Defense and the Secretary of State on remedying any such compliance concerns; and 

(C) a military assessment conducted by the Chairman 

of such compliance concerns. 

(2) A report on the INF Treaty containing— 

(A) an assessment, conducted by the Chairman jointly 

with the Secretary of Defense and the Secretary of State, of 

whether and why the Treaty remains in the national security interest of the United States, including how any ongoing violations bear on the assessment if such a violation is 

not resolved in the near-term; 

(B) a specific plan by the Chairman jointly with the 

Secretary of Defense and the Secretary of State to remedy 

violation of the Treaty by the Russian Federation, and a 

judgment of whether the Russian Federation intends to 

take the steps required to establish verifiable evidence that 

the Russian Federation has resumed its compliance with 

the Treaty if such non-compliance and inconsistencies are 

not resolved by the date of the enactment of this Act; and 

(C) a military assessment conducted by the Chairman 

of the risks posed by violation of the Treaty by the Russian 

Federation. 

(b) UPDATE.—Not later than February 15, 2018, the Chairman, 

the Secretary of Defense, and the Secretary of State shall jointly 

submit to the appropriate congressional committees an update to 

each report under subsection (a). 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ 

means— 

(A) the Committee on Armed Services, the Committee 

on Foreign Affairs, and the Permanent Select Committee on 

Intelligence of the House of Representatives; and 

(B) the Committee on Armed Services, the Committee 

on Foreign Relations, and the Select Committee on Intelligence of the Senate. 

(2) The term ‘‘INF Treaty’’ means the Treaty Between the 

United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and 

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mediate-Range Nuclear Forces (INF) Treaty’’, signed at Washington December 8, 1987, and entered into force June 1, 1988. 

(3) The term ‘‘Open Skies Treaty’’ means the Treaty on 

Open Skies, done at Helsinki March 24, 1992, and entered into 

force January 1, 2002. 

Subtitle E—Reform of Department of Defense Security 

Cooperation 

SEC. 1241. ENACTMENT OF NEW CHAPTER FOR DEFENSE SECURITY 

COOPERATION. 

(a) STATUTORY REORGANIZATION.—Part I of subtitle A of title 

10, United States Code, is amended— 

(1) by redesignating chapters 13, 15, 17, and 18 as chapters 

12, 13, 14, and 15, respectively; 

(2) by redesignating sections 261, 311, 312, 331, 332, 333, 

334, 335, 351, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 

381, 382, 383, and 384 (as added by section 1011 of this Act) 

as sections 241, 246, 247, 251, 252, 253, 254, 255, 261, 271, 

272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, and 

284, respectively; and 

(3) by inserting after chapter 15, as redesignated by paragraph (1), the following new chapter: 

‘‘CHAPTER 16—SECURITY COOPERATION 

‘‘Subchapter Sec. 

‘‘I. General Matters ............................................................................................ 301 

‘‘II. Military-to-Military Engagements .......................................................... 311 

‘‘III. Training With Foreign Forces ............................................................... 321 

‘‘IV. Support for Operations and Capacity Building ................................ 331 

‘‘V. Educational and Training Activities .................................................... 341 

‘‘VI. Limitations on Use of Department of Defense Funds ....................... 361 

‘‘VII. Administrative and Miscellaneous Matters ....................................... 381 

‘‘SUBCHAPTER I—GENERAL MATTERS 

‘‘Sec. 

‘‘301. Definitions. 

‘‘§ 301. Definitions 

‘‘In this chapter: 

‘‘(1) The terms ‘appropriate congressional committees’ and 

‘appropriate committees of Congress’ mean— 

‘‘(A) the Committee on Armed Services, the Committee 

on Foreign Relations, and the Committee on Appropriations 

of the Senate; and 

‘‘(B) the Committee on Armed Services, the Committee 

on Foreign Affairs, and the Committee on Appropriations of 

the House of Representatives. 

‘‘(2) The term ‘defense article’ has the meaning given that 

term in section 644 of the Foreign Assistance Act of 1961 (22 

U.S.C. 2403). 

‘‘(3) The term ‘defense service’ has the meaning given that 

term in section 644 of the Foreign Assistance Act of 1961 (22 

U.S.C. 2403). 

‘‘(4) The term ‘developing country’ has the meaning prescribed by the Secretary of Defense for purposes of this chapter 

in accordance with section 1241(n) of the National Defense Authorization Act for Fiscal Year 2017. 


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‘‘(5) The term ‘incremental expenses’, with respect to a foreign country— 

‘‘(A) means the reasonable and proper costs of rations, 

fuel, training ammunition, transportation, and other goods 

and services consumed by the country as a direct result of 

the country’s participation in activities authorized by this 

chapter; and 

‘‘(B) does not include— 

‘‘(i) any form of lethal assistance (excluding training ammunition); or 

‘‘(ii) pay, allowances, and other normal costs of the 

personnel of the country. 

‘‘(6) The term ‘national security forces’, in the case of a foreign country, means the following: 

‘‘(A) National military and national-level security 

forces of the foreign country that have the functional responsibilities for which training is authorized in section 

333(a) of this title. 

‘‘(B) With respect to operations referred to in section 

333(a)(2) of this title, military and civilian first responders 

of the foreign country at the national or local level that 

have such operations among their functional responsibilities. 

‘‘(7) The term ‘security cooperation programs and activities 

of the Department of Defense’ means any program, activity (including an exercise), or interaction of the Department of Defense 

with the security establishment of a foreign country to achieve 

a purpose as follows: 

‘‘(A) To build and develop allied and friendly security 

capabilities for self-defense and multinational operations. 

‘‘(B) To provide the armed forces with access to the foreign country during peacetime or a contingency operation. 

‘‘(C) To build relationships that promote specific 

United States security interests. 

‘‘(8) The term ‘small-scale construction’ means construction 

at a cost not to exceed $750,000 for any project. 

‘‘(9) The term ‘training’ has the meaning given the term 

‘military education and training’ in section 644 of the Foreign 

Assistance Act of 1961 (22 U.S.C. 2403). 

‘‘SUBCHAPTER II—MILITARY-TO-MILITARY ENGAGEMENTS 

‘‘Sec. 

‘‘311. Exchange of defense personnel between United States and friendly foreign countries: authority. 

‘‘312. Payment of personnel expenses necessary for theater security cooperation. 

‘‘313. Bilateral or regional cooperation programs: awards and mementos to recognize 

superior noncombat achievements or performance. 

‘‘SUBCHAPTER III—TRAINING WITH FOREIGN FORCES 

‘‘Sec. 

‘‘321. Training with friendly foreign countries: payment of training and exercise expenses. 

‘‘322. Special operations forces: training with friendly foreign forces. 

‘‘SUBCHAPTER IV—SUPPORT FOR OPERATIONS AND CAPACITY BUILDING 

‘‘Sec. 

‘‘331. Friendly foreign countries: authority to provide support for conduct of operations. 


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‘‘332. Friendly foreign countries; international and regional organizations: defense institution capacity building. 

‘‘333. Foreign security forces: authority to build capacity. 

‘‘SUBCHAPTER V—EDUCATIONAL AND TRAINING ACTIVITIES 

‘‘Sec. 

‘‘341. Department of Defense State Partnership Program. 

‘‘342. Regional centers for security studies. 

‘‘343. Western Hemisphere Institute for Security Cooperation. 

‘‘344. Participation in multinational military centers of excellence. 

‘‘345. Regional Defense Combating Terrorism Fellowship Program. 

‘‘346. Distribution to certain foreign personnel of education and training materials 

and information technology to enhance military interoperability with the 

armed forces. 

‘‘347. International engagement authorities for service academies. 

‘‘348. Aviation Leadership Program. 

‘‘349. Inter-American Air Forces Academy. 

‘‘350. Inter-European Air Forces Academy. 

‘‘SUBCHAPTER VI—LIMITATIONS ON USE OF DEPARTMENT OF DEFENSE 

FUNDS 

‘‘Sec. 

‘‘361. Prohibition on providing financial assistance to terrorist countries. 

‘‘362. Prohibition on use of funds for assistance to units of foreign security forces that 

have committed a gross violation of human rights. 

‘‘SUBCHAPTER VII—ADMINISTRATIVE AND MISCELLANEOUS MATTERS 

‘‘Sec. 

‘‘381. Consolidated budget. 

‘‘382. Execution and administration of programs and activities. 

‘‘383. Assessment, monitoring, and evaluation of programs and activities. 

‘‘384. Department of Defense security cooperation workforce development. 

‘‘385. Department of Defense support for other departments and agencies of the 

United States Government that advance Department of Defense security 

cooperation objectives. 

‘‘386. Annual report.’’. 

(b) TRANSFER OF SECTION 1051B.—Section 1051b of title 10, 

United States Code, is transferred to chapter 16 of such title, as 

added by subsection (a)(3), inserted after the table of sections at the 

beginning of subchapter II of such chapter, and redesignated as section 313. 

(c) CODIFICATION OF SECTION 1081 OF FY 2012 NDAA.— 

(1) CODIFICATION.—Chapter 16 of title 10, United States 

Code, as added by subsection (a)(3), is amended by inserting 

after the table of sections at the beginning of subchapter IV a 

new section 332 consisting of— 

(A) a heading as follows: 

‘‘§ 332. Friendly foreign countries; international and regional 

organizations: defense institution capacity building’’; and 

(B) a text consisting of the text of subsections (a), (b), 

and (d) of section 1081 of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 168 note). 

(2) CONFORMING AMENDMENT.—Section 332 of title 10, 

United States Code, as so amended, is further amended by redesignating subsection (d) as subsection (c). 

(3) CONFORMING REPEAL.—Section 1081 of the National Defense Authorization Act for Fiscal Year 2012 is repealed. 

(d) SUPERSEDING AUTHORITY TO TRAIN AND EQUIP FOREIGN

SECURITY FORCES.— 


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(1) SUPERSEDING AUTHORITY.—Chapter 16 of title 10, 

United States Code, as added by subsection (a)(3), is amended 

by inserting after section 332, as added by subsection (c), the 

following new section: 

‘‘§ 333. Foreign security forces: authority to build capacity 

‘‘(a) AUTHORITY.—The Secretary of Defense is authorized to conduct or support a program or programs to provide training and 

equipment to the national security forces of one or more foreign 

countries for the purpose of building the capacity of such forces to 

conduct one or more of the following: 

‘‘(1) Counterterrorism operations. 

‘‘(2) Counter-weapons of mass destruction operations. 

‘‘(3) Counter-illicit drug trafficking operations. 

‘‘(4) Counter-transnational organized crime operations. 

‘‘(5) Maritime and border security operations. 

‘‘(6) Military intelligence operations. 

‘‘(7) Operations or activities that contribute to an international coalition operation that is determined by the Secretary 

to be in the national interest of the United States. 

‘‘(b) CONCURRENCE AND COORDINATION WITH SECRETARY OF

STATE.— ‘‘(1) CONCURRENCE IN CONDUCT OF PROGRAMS.—The concurrence of the Secretary of State is required to conduct or support any program authorized by subsection (a). 

‘‘(2) JOINT DEVELOPMENT AND PLANNING OF PROGRAMS.— The Secretary of Defense and the Secretary of State shall jointly 

develop and plan any program carried out pursuant to subsection (a). 

‘‘(3) IMPLEMENTATION OF PROGRAMS.—The Secretary of Defense and the Secretary of State shall coordinate the implementation of any program under subsection (a). The Secretary of 

Defense and the Secretary of State shall each designate an individual responsible for program coordination under this paragraph at the lowest appropriate level in the Department concerned. 

‘‘(4) COORDINATION IN PREPARATION OF CERTAIN NOTICES.— Any notice required by this section to be submitted to the appropriate committees of Congress shall be prepared in coordination 

with the Secretary of State. 

‘‘(c) TYPES OF CAPACITY BUILDING.— 

‘‘(1) AUTHORIZED ELEMENTS.—A program under subsection 

(a) may include the provision and sustainment of defense articles, training, defense services, supplies (including 

consumables), and small-scale construction. 

‘‘(2) REQUIRED ELEMENTS.—A program under subsection (a) 

shall include elements that promote the following: 

‘‘(A) Observance of and respect for the law of armed 

conflict, human rights and fundamental freedoms, and the 

rule of law. 

‘‘(B) Respect for civilian control of the military. 

‘‘(3) HUMAN RIGHTS TRAINING.—In order to meet the requirement in paragraph (2)(A) with respect to particular national security forces under a program under subsection (a), the 

Secretary of Defense shall certify, prior to the initiation of the 


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program, that the Department of Defense is already undertaking, or will undertake as part of the security sector assistance provided to the foreign country concerned, human rights 

training that includes a comprehensive curriculum on human 

rights and the law of armed conflict, as applicable, to such national security forces. 

‘‘(4) INSTITUTIONAL CAPACITY BUILDING.—In order to meet 

the requirement in paragraph (2)(B) with respect to a particular 

foreign country under a program under subsection (a), the Secretary shall certify, prior to the initiation of the program, that 

the Department is already undertaking, or will undertake as 

part of the program, a program of institutional capacity building with appropriate institutions of such foreign country that is 

complementary to the program with respect to such foreign 

country under subsection (a). The purpose of the program of institutional capacity building shall be to enhance the capacity of 

such foreign country to exercise responsible civilian control of 

the national security forces of such foreign country. 

‘‘(d) LIMITATIONS.— 

‘‘(1) ASSISTANCE OTHERWISE PROHIBITED BY LAW.—The Secretary of Defense may not use the authority in subsection (a) to 

provide any type of assistance described in subsection (c) that 

is otherwise prohibited by any provision of law. 

‘‘(2) PROHIBITION ON ASSISTANCE TO UNITS THAT HAVE COMMITTED GROSS VIOLATIONS OF HUMAN RIGHTS.—The provision of 

assistance pursuant to a program under subsection (a) shall be 

subject to the provisions of section 362 of this title. 

‘‘(3) DURATION OF SUSTAINMENT SUPPORT.—Sustainment 

support may not be provided pursuant to a program under subsection (a), or for equipment previously provided by the Department of Defense under any authority available to the Secretary 

during fiscal year 2015 or 2016, for a period in excess of five 

years unless the notice on the program pursuant to subsection 

(e) includes the information specified in paragraph (7) of subsection (e). 

‘‘(e) NOTICE AND WAIT ON ACTIVITIES UNDER PROGRAMS.—Not 

later than 15 days before initiating activities under a program 

under subsection (a), the Secretary of Defense shall submit to the 

appropriate committees of Congress a written and electronic notice 

of the following: 

‘‘(1) The foreign country, and specific unit, whose capacity 

to engage in activities specified in subsection (a) will be built 

under the program, and the amount, type, and purpose of the 

support to be provided. 

‘‘(2) A detailed evaluation of the capacity of the foreign 

country and unit to absorb the training or equipment to be provided under the program. 

‘‘(3) The cost, implementation timeline, and delivery schedule for assistance under the program. 

‘‘(4) A description of the arrangements, if any, for the 

sustainment of the program and the estimated cost and source 

of funds to support sustainment of the capabilities and performance outcomes achieved under the program beyond its completion date, if applicable. 


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‘‘(5) Information, including the amount, type, and purpose, 

on the security assistance provided the foreign country during 

the three preceding fiscal years pursuant to authorities under 

this title, the Foreign Assistance Act of 1961, and any other 

train and equip authorities of the Department of Defense. 

‘‘(6) A description of the elements of the theater security cooperation plan of the geographic combatant command concerned, and of the interagency integrated country strategy, that 

will be advanced by the program. 

‘‘(7) In the case of a program described in subsection (d)(3), 

each of the following: 

‘‘(A) A written justification that the provision of 

sustainment support described in that subsection for a period in excess of five years will enhance the security interest 

of the United States. 

‘‘(B) To the extent practicable, a plan to transition such 

sustainment support from funding through the Department 

to funding through another security sector assistance program of the United States Government or funding through 

partner nations. 

‘‘(f) QUARTERLY MONITORING REPORTS.—The Director of the Defense Security Cooperation Agency shall, on a quarterly basis, submit to the appropriate committees of Congress a report setting forth, 

for the preceding calendar quarter, the following: 

‘‘(1) Information, by recipient country, of the delivery and 

execution status of all defense articles, training, defense services, supplies (including consumables), and small-scale construction under programs under subsection (a). 

‘‘(2) Information on the timeliness of delivery of defense articles, defense services, supplies (including consumables), and 

small-scale construction when compared with delivery schedules 

for such articles, services, supplies, and construction previously 

provided to Congress. 

‘‘(3) Information, by recipient country, on the status of 

funds allocated for programs under subsection (a), including 

amounts of unobligated funds, unliquidated obligations, and 

disbursements. 

‘‘(g) FUNDING.— ‘‘(1) SOLE SOURCE OF FUNDS.—Amounts for programs carried out pursuant to subsection (a) in a fiscal year, and for 

other purposes in connection with such programs as authorized 

by this section, may be derived only from amounts authorized 

to be appropriated for such fiscal year for the Department of 

Defense for operation and maintenance, Defense-wide, and 

available for the Defense Security Cooperation Agency for such 

programs and purposes. 

‘‘(2) AVAILABILITY OF FUNDS FOR PROGRAMS ACROSS FISCAL

YEARS.— 

‘‘(A) IN GENERAL.—Amounts available in a fiscal year 

to carry out the authority in subsection (a) may be used for 

programs under that authority that begin in such fiscal 

year and end not later than the end of the second fiscal 

year thereafter. 

‘‘(B) ACHIEVEMENT OF FULL OPERATIONAL CAPACITY.— 

If, in accordance with subparagraph (A), equipment or 


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training is delivered under a program under the authority 

in subsection (a) in the fiscal year after the fiscal year in 

which the program begins, amounts for defense articles, 

training, defense services, supplies (including 

consumables), and small-scale construction associated with 

such equipment or training and necessary to ensure that 

the recipient unit achieves full operational capability for 

such equipment or training may be used in the fiscal year 

in which the foreign country takes receipt of such equipment and in the next two fiscal years.’’. 

(2) FUNDING FOR FISCAL YEAR 2017.—Amounts may be 

available for fiscal year 2017 for programs and other purposes 

described in subsection (g) of section 333 of title 10, United 

States Code, as added by paragraph (1), as follows: 

(A) Amounts authorized to be appropriated by section 

301 for operation and maintenance, Defense-wide, and 

available for the Defense Security Cooperation Agency for 

such programs and purposes as specified in the funding 

table in section 4301. 

(B) Amounts authorized to be appropriated by section 

1407 for Drug Interdiction and Counter-Drug Activities, 

Defense-Wide, as specified in the funding table in section 

4501. 

(C) Amounts authorized to be appropriated by section 

1504 for operation and maintenance, Defense-wide, for 

overseas contingency operations and available for the Defense Security Cooperation Agency for such programs and 

purposes as specified in the funding table in section 4302. 

(D) Amounts authorized to be appropriated by section 

1504 for operation and maintenance, Defense-wide, for 

overseas contingency operations and available for the 

Counter Islamic State of Iraq and the Levant Fund as specified in the funding table in section 4302, which amounts 

may be available for such programs and other purposes 

with respect to a country other than Iraq or Syria if— 

(i) such programs and other purposes are for the 

purpose of countering the Islamic State of Iraq and the 

Levant; and 

(ii) notice on the use of such amounts for such programs and other purposes is provided to Congress in 

accordance with subsection (e) of section 333 of title 10, 

United States Code, as so added. 

(E) Amounts authorized to be appropriated by section 

1507 for Drug Interdiction and Counter-Drug Activities, 

Defense-Wide, for overseas contingency operations as specified in the funding table in section 4502 or 4503. 

(F) Amounts available for fiscal years before fiscal year 

2017 for the Counterterrorism Partnerships Fund that remain available for obligation in fiscal year 2017. 

(3) LIMITATION ON AVAILABILITY OF FUNDS FOR FISCAL YEAR

2017.—Of the amounts available for fiscal year 2017 pursuant 

to paragraph (2) for programs and other purposes described in 

subsection (g) of section 333 of title 10, United States Code, as 

so added, not more than 65 percent of such amounts may be 

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graph (4) is submitted to the congressional defense committees 

as required by paragraph (4). 

(4) GUIDANCE.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall prescribe, and submit to the congressional defense committees, initial policy guidance on roles, responsibilities, and processes in 

connection with programs and activities authorized by section 

333 of title 10, United States Code, as so added. Not later than 

270 days after the date of the enactment of this Act, the Secretary shall prescribe, and submit to the congressional defense 

committees, final policy guidance on roles, responsibilities, and 

processes in connection with such programs and activities. 

(5) CONFORMING REPEALS.—Effective as of the date that is 

270 days after the date of the enactment of this Act, the following provisions of law are repealed: 

(A) Section 2282 of title 10, United States Code. 

(B) The following provisions of the National Defense 

Authorization Act for Fiscal Year 2014 (Public Law 113– 

66): 

(i) Section 1204 (127 Stat. 896; 10 U.S.C. 401 

note). 

(ii) Section 1207 (127 Stat. 902; 22 U.S.C. 2151 

note). 

(C) Section 1033 of the National Defense Authorization 

Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 

1881). 

(6) CLERICAL AMENDMENT.—Effective as of the date that is 

270 days after the date of the enactment of this Act, the table 

of sections at the beginning of chapter 136 of title 10, United 

States Code, is amended by striking the item relating to section 

2282. 

(e) TRANSFER AND MODIFICATION OF SECTION 184 AND CODIFICATION OF RELATED PROVISIONS.— 

(1) TRANSFER AND REDESIGNATION.—Section 184 of title 10, 

United States Code, is transferred to chapter 16 of such title as 

added by subsection (a)(3), inserted after the table of sections at 

the beginning of subchapter V of such chapter, and redesignated as section 342. 

(2) MODIFICATION OF AUTHORITIES AND CODIFICATION OF

REIMBURSEMENT-RELATED PROVISIONS.—Section 342 of title 10, 

United States Code, as so transferred and redesignated, is 

amended— 

(A) in subsection (a), by striking ‘‘and exchange of 

ideas’’ and inserting ‘‘exchange of ideas, and training’’; 

(B) in subsection (b)— 

(i) in paragraph (1)(B), by striking ‘‘and exchange 

of ideas’’ and inserting ‘‘exchange of ideas, and training’’; and 

(ii) in paragraph (3), by striking ‘‘, except as specifically provided by law after October 17, 2006’’; 

(C) in subsection (c), by adding at the end the following 

new sentence: ‘‘The regulations shall prioritize within the 

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curity, transnational and asymmetric threats, and defense 

sector governance.’’; and 

(D) in subsection (f)— 

(i) in paragraph (3)— 

(I) by inserting ‘‘(A)’’ after ‘‘(3)’’; 

(II) in subparagraph (A), as so designated, by 

striking ‘‘civilian government officials’’ and inserting ‘‘personnel’’; and 

(III) by adding at the end the following new 

subparagraph: 

‘‘(B)(i) The Secretary of Defense may, with the concurrence of 

the Secretary of State, waive reimbursement otherwise required 

under this subsection of the costs of activities of the Regional Centers for personnel of nongovernmental and international organizations who participate in activities of the Regional Centers that enhance cooperation of nongovernmental organizations and international organizations with United States forces if the Secretary of 

Defense determines that attendance of such personnel without reimbursement is in the national security interest of the United States. 

‘‘(ii) The amount of reimbursement that may be waived under clause (i) in any fiscal year may not exceed $1,000,000.’’; and 

(ii) in paragraph (5), by striking ‘‘under the Latin 

American cooperation authority’’ and all that follows 

and inserting ‘‘under section 312 of this title are also 

available for the costs of the operation of the Regional 

Centers.’’. 

(3) CODIFICATION OF PROVISIONS RELATING TO SPECIFIC

CENTERS.—Such section 342, as so transferred and redesignated, is further amended by adding at the end the following 

new subsections: 

‘‘(h) AUTHORITIES SPECIFIC TO MARSHALL CENTER.—(1) The 

Secretary of Defense may authorize participation by a European or 

Eurasian country in programs of the George C. Marshall Center for 

Security Studies (in this subsection referred to as the ‘Marshall Center’) if the Secretary determines, after consultation with the Secretary of State, that such participation is in the national interest of 

the United States. 

‘‘(2)(A) In the case of any person invited to serve without compensation on the Marshall Center Board of Visitors, the Secretary 

of Defense may waive any requirement for financial disclosure that 

would otherwise apply to that person solely by reason of service on 

such Board. 

‘‘(B) A member of the Marshall Center Board of Visitors may 

not be required to register as an agent of a foreign government solely by reason of service as a member of the Board. 

‘‘(C) Notwithstanding section 219 of title 18, a non-United 

States citizen may serve on the Marshall Center Board of Visitors 

even though registered as a foreign agent. 

‘‘(3)(A) The Secretary of Defense may waive reimbursement of 

the costs of conferences, seminars, courses of instruction, or similar 

educational activities of the Marshall Center for military officers 

and civilian officials from states located in Europe or the territory 

of the former Soviet Union if the Secretary determines that attendance by such personnel without reimbursement is in the national security interest of the United States. 


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‘‘(B) Costs for which reimbursement is waived pursuant to subparagraph (A) shall be paid from appropriations available for the 

Center. 

‘‘(i) AUTHORITIES SPECIFIC TO INOUYE CENTER.—(1) The Secretary of Defense may waive reimbursement of the cost of conferences, seminars, courses of instruction, or similar educational activities of the Daniel K. Inouye Center for Security Studies for military officers and civilian officials of foreign countries if the Secretary determines that attendance by such personnel, without reimbursement, is in the national security interest of the United States. 

‘‘(2) Costs for which reimbursement is waived pursuant to paragraph (1) shall be paid from appropriations available for the Center.’’. 

(4) ANNUAL REVIEW OF PROGRAM STRUCTURE AND PROGRAMS OF CENTERS.—Such section 342, as amended by this 

subsection, is further amended by adding at the end the following new subsection: 

‘‘(j) ANNUAL REVIEW OF PROGRAM STRUCTURE AND PROGRAMS

OF CENTERS.—(1) The Secretary shall on an annual basis review 

the program and structure of each Regional Center in order to determine whether such Regional Center is appropriately aligned with 

the strategic priorities of the Department of Defense and the applicable geographic combatant commands. 

‘‘(2) The Secretary may revise the program, structure, or both of 

a Regional Center following an annual review under paragraph (1) 

in order to more appropriately align the Regional Center with strategic priorities and the geographic combatant commands as described in that paragraph..’’. 

(5) REPEAL OF CODIFIED PROVISIONS.—The following provisions of law are repealed: 

(A) Section 941(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 

110–417; 10 U.S.C. 184 note). 

(B) Section 1065 of the National Defense Authorization 

Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C. 

113 note). 

(C) Section 1306 of the National Defense Authorization 

Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 

2892). 

(D) Section 8073 of the Department of Defense Appropriations Act, 2003 (Public Law 107–248; 10 U.S.C. prec. 

2161 note). 

(f) TRANSFER OF SECTION 2166.— 

(1) TRANSFER AND REDESIGNATION.—Section 2166 of title 

10, United States Code, is transferred to chapter 16 of such 

title, as added by subsection (a)(3), inserted after section 342, 

as transferred and redesignated by subsection (e), and redesignated as section 343. 

(2) CONFORMING STYLISTIC AMENDMENTS.—Such section 

343, as so transferred and redesignated, is amended by striking 

‘‘nations’’ each place it appears in subsections (b) and (c) and 

inserting ‘‘countries’’. 

(g) TRANSFER OF SECTION 2350M.— 

(1) TRANSFER AND REDESIGNATION.—Section 2350m of title 

10, United States Code, is transferred to chapter 16 of such 


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title, as added by subsection (a)(3), inserted after section 343, 

as transferred and redesignated by subsection (f), and redesignated as section 344. 

(2) CONFORMING AMENDMENTS.—Such section 344, as so 

transferred and redesignated, is amended— 

(A) by striking subsection (e); and 

(B) by redesignating subsection (f) as subsection (e). 

(h) TRANSFER OF SECTION 2249D.— 

(1) TRANSFER AND REDESIGNATION.—Section 2249d of title 

10, United States Code, is transferred to chapter 16 of such 

title, as added by subsection (a)(3), inserted after section 344, 

as transferred and redesignated by subsection (g), and redesignated as section 346. 

(2) CONFORMING AND STYLISTIC AMENDMENTS.—Such section 346, as so transferred and redesignated, is amended— 

(A) by striking ‘‘nations’’ in subsections (a) and (d) and 

inserting ‘‘countries’’; and 

(B) by striking subsections (f) and (g). 

(i) REENACTMENT OF CHAPTER 905.— 

(1) CONSOLIDATION OF SECTIONS 9381, 9382, AND 9383.— 

Chapter 16 of title 10, United States Code, as added by subsection (a)(3), is amended by inserting after section 346, as 

transferred and redesignated by subsection (h), the following 

new section: 

‘‘§ 348. Aviation Leadership Program 

‘‘(a) IN GENERAL.—Under regulations prescribed by the Secretary of Defense, the Secretary of the Air Force may carry out an 

Aviation Leadership Program to provide undergraduate pilot training and necessary related training to personnel of the air forces of 

friendly, developing foreign countries. Training under this section 

shall include language training and programs to promote better 

awareness and understanding of the democratic institutions and social framework of the United States. 

‘‘(b) SUPPLIES AND CLOTHING.—(1) The Secretary of the Air 

Force may, under such conditions as the Secretary may prescribe, 

provide to a person receiving training under this section— 

‘‘(A) transportation incident to the training; 

‘‘(B) supplies and equipment to be used during the training; 

‘‘(C) flight clothing and other special clothing required for 

the training; and 

‘‘(D) billeting, food, and health services. 

‘‘(2) The Secretary may authorize such expenditures from the 

appropriations of the Air Force as the Secretary considers necessary 

for the efficient and effective maintenance of the Program in accordance with this section. 

‘‘(c) ALLOWANCES.—The Secretary of the Air Force may pay to 

a person receiving training under this section a living allowance at 

a rate to be prescribed by the Secretary, taking into account the 

amount of living allowances authorized for a member of the armed 

forces under similar circumstances.’’. 

(2) CONFORMING REPEAL.—Chapter 905 of such title is repealed. 

(j) TRANSFER OF SECTION 9415.— 


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(1) IN GENERAL.—Section 9415 of title 10, United States 

Code, is transferred to chapter 16 of such title, as added by subsection (a)(3), inserted after section 348, as added by subsection 

(i), and redesignated as section 349. 

(2) CONFORMING AMENDMENT FOR STANDARDIZATION WITH

CERTAIN OTHER AIR FORCES ACADEMY AUTHORITY.—Such section 

349, as so transferred and amended, is amended— 

(A) by redesignating subsection (b) as subsection (c); 

and 

(B) by inserting after subsection (a) the following new 

subsection (b): 

‘‘(b) LIMITATIONS.— 

‘‘(1) CONCURRENCE OF SECRETARY OF STATE.—Military personnel of a foreign country may be provided education and 

training under this section only with the concurrence of the Secretary of State. 

‘‘(2) ASSISTANCE OTHERWISE PROHIBITED BY LAW.—Education and training may not be provided under this section to 

the military personnel of any country that is otherwise prohibited from receiving such type of assistance under any other provision of law.’’. 

(k) CODIFICATION OF SECTION 1268 OF FY 2015 NDAA.— 

(1) CODIFICATION.—Chapter 16 of title 10, United States 

Code, as added by subsection (a)(3), is amended by inserting 

after section 349, as transferred and redesignated by subsection 

(j), a new section 350 consisting of— 

(A) a heading as follows: 

‘‘§ 350. Inter-European Air Forces Academy’’; and 

(B) a text consisting of the text of subsections (a) 

through (f) of section 1268 of the Carl Levin and Howard 

P. ‘‘Buck’’ McKeon National Defense Authorization Act for 

Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3585; 10 

U.S.C. 9411 note). 

(2) CONFORMING REPEAL.—Section 1268 of the Carl Levin 

and Howard P. ‘‘Buck’’ McKeon National Defense Authorization 

Act for Fiscal Year 2015 is repealed. 

(l) TRANSFER OF SECTIONS 2249A AND 2249E.— 

(1) TRANSFER AND REDESIGNATION.—Sections 2249a and 

2249e of title 10, United States Code, are transferred to chapter 

16 of such title, as added by subsection (a)(3), inserted after the 

table of sections at the beginning of subchapter VI of such chapter, and redesignated as sections 361 and 362, respectively. 

(2) CONFORMING REPEAL RELATING TO SUPERSEDED DEFINITION OF CONGRESSIONAL COMMITTEES.—Section 362 of such 

title, as transferred and redesignated by paragraph (1), is 

amended by striking subsection (f). 

(m) ADMINISTRATIVE MATTERS.—Chapter 16 of title 10, United 

States Code, as added by subsection (a)(3), is amended by inserting 

after the table of sections at the beginning of subchapter VII the following new sections: 


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‘‘§ 382. Execution and administration of programs and activities 

‘‘(a) POLICY OVERSIGHT AND RESOURCE ALLOCATION.—The Secretary of Defense shall assign responsibility for the oversight of strategic policy and guidance and responsibility for overall resource allocation for security cooperation programs and activities of the Department of Defense to a single official and office in the Office of 

the Secretary of Defense at the level of Under Secretary of Defense 

or below. 

‘‘(b) EXECUTION AND ADMINISTRATION OF CERTAIN PROGRAMS

AND ACTIVITIES.— 

‘‘(1) IN GENERAL.—The Director of the Defense Security Cooperation Agency shall be responsible for the execution and administration of all security cooperation programs and activities 

of the Department of Defense involving the provision of defense 

articles, military training, and other defense-related services by 

grant, loan, cash sale, or lease. 

‘‘(2) DESIGNATION OF RESPONSIBILITY.—The Director may 

designate an element of an armed force, combatant command, 

Defense Agency, Department of Defense Field Activity, or other 

element or organization of the Department of Defense to execute 

and administer security cooperation programs and activities described in paragraph (1) if the Director determines that the designation will achieve maximum effectiveness, efficiency, and 

economy in the activities for which designated. 

‘‘(c) AVAILABILITY OF FUNDS.— 

‘‘(1) IN GENERAL.—Funds available to the Defense Security 

Cooperation Agency, and other funds available to the Department of Defense for security cooperation programs and activities 

of the Department of Defense, may be used to implement security cooperation programs and activities of the Department of 

Defense authorized by this chapter. 

‘‘(2) BUDGET JUSTIFICATION.—Funds necessary for implementing security cooperation programs and activities of the Department of Defense under this chapter for a fiscal year shall 

be identified, with appropriate justification, in the consolidated 

budget for such fiscal year required by section 381 of this title. 

‘‘§ 383. Assessment, monitoring, and evaluation of programs 

and activities 

‘‘(a) PROGRAM REQUIRED.—The Secretary of Defense shall maintain a program of assessment, monitoring, and evaluation in support of the security cooperation programs and activities of the Department of Defense. 

‘‘(b) PROGRAM ELEMENTS AND REQUIREMENTS.— 

‘‘(1) ELEMENTS.—The program under subsection (a) shall 

provide for the following: 

‘‘(A) Initial assessments of partner capability requirements, potential programmatic risks, baseline information, 

and indicators of efficacy for purposes of planning, monitoring, and evaluation of security cooperation programs 

and activities of the Department of Defense. 

‘‘(B) Monitoring of implementation of such programs 

and activities in order to measure progress in execution 


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and, to the extent possible, achievement of desired outcomes. 

‘‘(C) Evaluation of the efficiency and effectiveness of 

such programs and activities in achieving desired outcomes. 

‘‘(D) Identification of lessons learned in carrying out 

such programs and activities, and development of recommendation for improving future security cooperation 

programs and activities of the Department of Defense. 

‘‘(2) BEST PRACTICES.—The program shall be conducted in 

accordance with international best practices, interagency standards, and, if applicable, the Government Performance and Results Act of 1993 (Public Law 103–62), and the amendments 

made by that Act, and the GPRA Modernization Act of 2010 

(Public Law 111–352), and the amendments made by that Act. 

‘‘(c) AVAILABILITY OF FUNDS.— 

‘‘(1) IN GENERAL.—Funds available to the Defense Security 

Cooperation Agency, and other funds available to the Department of Defense for security cooperation programs and activities 

of the Department of Defense, may be used to carry out the program required by subsection (a). 

‘‘(2) BUDGET JUSTIFICATION.—Funds described in paragraph (1) for a fiscal year shall be identified, with appropriate 

justification, in the consolidated budget for such fiscal year required by section 381 of this title. 

‘‘(d) REPORTS.— 

‘‘(1) REPORTS TO CONGRESS.—The Secretary shall submit to 

the congressional defense committees each year a report on the 

program under subsection (a) during the previous year. Each 

report shall include, for the year covered by such report, the following: 

‘‘(A) A description of the activities under the program. 

‘‘(B) An evaluation of the lessons learned and best 

practices identified through activities under the program. 

‘‘(2) INFORMATION FOR THE PUBLIC ON EVALUATIONS.—The 

Secretary shall make available to the public, on an Internet 

website of the Department of Defense available to the public, a 

summary of each evaluation conducted pursuant to subsection 

(b)(1)(C). In making a summary so available, the Secretary may 

redact or omit any information that the Secretary determines 

should not be disclosed to the public in order to protect the interest of the United States or the foreign country or countries 

covered by such evaluation. 

‘‘§ 385. Department of Defense support for other departments 

and agencies of the United States Government that 

advance Department of Defense security cooperation objectives 

‘‘(a) SUPPORT AUTHORIZED.—Subject to subsection (c), the Secretary of Defense is authorized to support other departments and 

agencies of the United States Government for the purpose of implementing or supporting foreign assistance programs and activities 

described in subsection (b) that advance security cooperation objectives of the Department of Defense. 


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‘‘(b) FOREIGN ASSISTANCE PROGRAMS AND ACTIVITIES.—The foreign assistance programs and activities described in this subsection 

are foreign assistance programs and activities that— 

‘‘(1) are necessary for the effectiveness of one or more programs of the Department of Defense relating to security cooperation conducted pursuant to an authority in this chapter; and 

‘‘(2) cannot be carried out by the Department. 

‘‘(c) ANNUAL LIMITATION ON AMOUNT OF SUPPORT.—The 

amount of support provided pursuant to subsection (a) in any fiscal 

year may not exceed $75,000,000. 

‘‘(d) NOTICE AND WAIT.—If a determination is made to transfer 

funds in connection with the provision of support pursuant to subsection (a) for a program or activity, the transfer may not occur 

until— 

‘‘(1) the Secretary and the head of the department or agency 

to receive the funds jointly submit to the congressional defense 

committees a notice on the transfer, which notice shall include— 

‘‘(A) a detailed description of the purpose and estimated cost of such program or activity; 

‘‘(B) a detailed description of the security cooperation 

objectives of the Department, include the theater campaign 

plan of the combatant command concerned, that will be advanced; 

‘‘(C) a justification why such program or activity will 

advance such objectives; 

‘‘(D) a justification why such program or activity cannot be carried out by the Department; 

‘‘(E) an identification of any funds programmed or obligated by the department or agency other than the Department on such program or activity; and 

‘‘(F) a timeline for the provision of such support; and 

‘‘(2) a period of 30 days elapses after the date of the submittal of the notice pursuant to paragraph (1).’’. 

(n) PRESCRIPTION OF TERM ‘‘DEVELOPING COUNTRY’’.— 

(1) IN GENERAL.—The Secretary of Defense shall prescribe 

the meaning of the term ‘‘developing country’’ for purposes of 

chapter 16 of title 10, United States Code, as added by subsection (a)(3), and may from time to time prescribe a revision 

to the meaning of that term for those purposes. 

(2) INITIAL PRESCRIPTION.—The Secretary shall first prescribe the meaning of the term by not later than 270 days after 

the date of the enactment of this Act. 

(3) NOTICE TO CONGRESS.—Whenever the Secretary prescribes the meaning of the term pursuant to paragraph (1), the 

Secretary shall notify the appropriate committees of Congress of 

the meaning of the term as so prescribed. 

(4) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In 

this subsection, the term ‘‘appropriate committees of Congress’’ 

has the meaning given that term in section 301(1) of title 10, 

United States Code, as so added. 

(o) CLERICAL AMENDMENTS.—Title 10, United States Code, is 

amended as follows: 

(1) The tables of chapters at the beginning of subtitle A, 

and at the beginning of part I of subtitle A, are amended— 


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(A) by revising the chapter references relating to chapters 13, 15, 17, and 18 (and the section references therein) 

to conform to the redesignations made by paragraphs (1) 

and (2) of subsection (a); and 

(B) by inserting after the item relating to chapter 15, 

as revised pursuant to subparagraph (A), the following new 

item: 

‘‘16. Security Cooperation ................................................................................ 301’’. 

(2) The section references in the tables of sections at the beginning of chapters 12, 13, 14, and 15, as redesignated by paragraph (1) of subsection (a), are revised to conform to the redesignations made by paragraph (2) of such subsection. 

(3) The table of sections at the beginning of chapter 7 is 

amended by striking the item relating to section 184. 

(4) The table of sections at the beginning of chapter 53 is 

amended by striking the item relating to section 1051b. 

(5) The table of sections at the beginning of chapter 108 is 

amended by striking the item relating to section 2166. 

(6) The table of sections at the beginning of subchapter I of 

chapter 134 is amended by striking the items relating to sections 2249a, 2249d, and 2249e. 

(7) The table of sections at the beginning of subchapter II 

of chapter 138 is amended by striking the item relating to section 2350m. 

(8) The tables of chapters at the beginning of subtitle D, 

and at the beginning of part III of subtitle D, are amended by 

striking the item relating to chapter 905. 

(9) The table of sections at the beginning of chapter 907 is 

amended by striking the item relating to section 9415. 

SEC. 1242. MILITARY-TO-MILITARY EXCHANGES. 

(a) CODIFICATION IN NEW CHAPTER ON SECURITY COOPERATION

ACTIVITIES.—Chapter 16 of title 10, United States Code, as added 

by section 1241(a)(3) of this Act, is amended by inserting after the 

table of sections at the beginning of subchapter II a new section 311 

consisting of— 

(1) a heading as follows: 

‘‘§ 311. Exchange of defense personnel between United States 

and friendly foreign countries: authority’’; and 

(2) a text consisting of the text of section 1082 of the National Defense Authorization Act for Fiscal Year 1997 (Public 

Law 104–201; 110 Stat. 2672; 10 U.S.C. 168 note). 

(b) REVISIONS TO INCORPORATE PERMANENT NONRECIPROCAL

EXCHANGE AUTHORITY.—Section 311 of title 10, United States Code, 

as added by subsection (a), is amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by adding at the end the following new sentence: ‘‘Any exchange of personnel under 

such an agreement is subject to paragraph (3).’’; 

(B) in paragraph (2)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘an ally of the United States or another friendly foreign country for the exchange’’ and inserting ‘‘a 

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curity organization for the reciprocal or non-reciprocal 

exchange’’; 

(ii) in subparagraph (A), by striking ‘‘military’’ and 

inserting ‘‘members of the armed forces’’; and 

(iii) in subparagraph (B)— 

(I) by inserting ‘‘or security’’ after ‘‘defense’’; 

and 

(II) by inserting before the period at the end 

the following: ‘‘or international or regional security 

organization’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(3) An exchange of personnel under an international defense 

personnel exchange agreement under this section may only be made 

with the concurrence of the Secretary to State to the extent the exchange is with either of the following: 

‘‘(A) A non-defense security ministry of a foreign government. 

‘‘(B) An international or regional security organization.’’; 

(2) in subsection (b)(2), by inserting before the period at the 

end the following: ‘‘, subject to the concurrence of the Secretary 

of State’’; 

(3) in subsection (c)— 

(A) by striking ‘‘Each government shall be required 

under’’ and inserting ‘‘In the case of’’; and 

(B) by inserting after ‘‘exchange agreement’’ the following: ‘‘that provides for reciprocal exchanges, each government shall be required’’; and 

(4) in subsection (f), by inserting ‘‘defense or security ministry of that’’ after ‘‘military personnel of the’’. 

(c) CONFORMING REPEALS.—The following provisions of law are 

repealed: 

(1) Section 1082 of the National Defense Authorization Act 

for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2672; 10 

U.S.C. 168 note). 

(2) Section 1207 of the National Defense Authorization Act 

for Fiscal Year 2010 (10 U.S.C. 168 note). 

SEC. 1243. CONSOLIDATION AND REVISION OF AUTHORITIES FOR PAYMENT OF PERSONNEL EXPENSES NECESSARY FOR THEATER SECURITY COOPERATION. 

(a) CONSOLIDATION AND REVISION OF AUTHORITIES IN NEW

CHAPTER ON SECURITY COOPERATION ACTIVITIES.—Chapter 16 of 

title 10, United States Code, as added by section 1241(a)(3) of this 

Act, is amended by inserting after section 311, as added by section 

1242(a) of this Act, the following new section: 

‘‘§ 312. Payment of personnel expenses necessary for theater 

security cooperation 

‘‘(a) AUTHORITY.—The Secretary of Defense may pay expenses 

specified in subsection (b) that the Secretary considers necessary for 

theater security cooperation. 

‘‘(b) TYPES OF EXPENSES.—The expenses that may be paid 

under the authority provided in subsection (a) are the following: 

‘‘(1) PERSONNEL EXPENSES.—The Secretary of Defense may 

pay travel, subsistence, and similar personnel expenses of, and 


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special compensation for, the following that the Secretary considers necessary for theater security cooperation: 

‘‘(A) Defense personnel of friendly foreign governments. 

‘‘(B) With the concurrence of the Secretary of State, 

other personnel of friendly foreign governments and nongovernmental personnel. 

‘‘(2) ADMINISTRATIVE SERVICES AND SUPPORT FOR LIAISON

OFFICERS.—The Secretary of Defense may provide administrative services and support for the performance of duties by a liaison officer of a foreign country while the liaison officer is assigned temporarily to any headquarters in the Department of 

Defense. 

‘‘(3) TRAVEL, SUBSISTENCE, AND MEDICAL CARE FOR LIAISON

OFFICERS.—The Secretary of Defense may pay the expenses of a 

liaison officer in connection with the assignment of that officer 

as described in paragraph (2) if the assignment is requested by 

the commander of a combatant command, the Chief of Staff of 

the Army, the Chief of Naval Operations, the Chief of Staff of 

the Air Force, the Commandant of the Marine Corps, or the 

head of a Defense Agency as follows: 

‘‘(A) Travel and subsistence expenses. 

‘‘(B) Personal expenses directly necessary to carry out 

the duties of that officer in connection with that assignment. 

‘‘(C) Expenses for medical care at a civilian medical facility if— 

‘‘(i) adequate medical care is not available to the 

liaison officer at a local military medical treatment facility; 

‘‘(ii) the Secretary determines that payment of such 

medical expenses is necessary and in the best interests 

of the United States; and 

‘‘(iii) medical care is not otherwise available to the 

liaison officer pursuant to any treaty or other international agreement. 

‘‘(D) Mission-related travel expenses if such travel 

meets each of the following conditions: 

‘‘(i) The travel is in support of the national security 

interests of the United States. 

‘‘(ii) The officer or official making the request directs round-trip travel from the assigned location to 

one or more travel locations. 

‘‘(4) CONFERENCES, SEMINARS, AND SIMILAR MEETINGS.— 

The authority provided by paragraph (1) includes authority to 

pay travel and subsistence expenses for personnel described in 

that paragraph in connection with the attendance of such personnel at any conference, seminar, or similar meeting that is in 

direct support of enhancing interoperability between the United 

States armed forces and the national security forces of a friendly foreign country for the purposes of conducting operations, the 

provision of equipment or training, or the planning for, or the 

execution of, bilateral or multilateral training, exercises, or 

military operations. 

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may pay such other limited expenses in connection with conferences, seminars, and similar meetings covered by paragraph 

(4) as the Secretary considers appropriate in the national security interests of the United States. 

‘‘(c) LIMITATIONS ON EXPENSES PAYABLE.— 

‘‘(1) PERSONNEL FROM DEVELOPING COUNTRIES.—The authority provided in subsection (a) may be used only for the payment of expenses of, and special compensation for, personnel 

from developing countries, except that the Secretary of Defense 

may authorize the payment of such expenses and special compensation for personnel from a country other than a developing 

country if the Secretary determines that such payment is necessary to respond to extraordinary circumstances and is in the 

national security interest of the United States. 

‘‘(2) NON-DEFENSE LIAISON OFFICERS.—In the case of a nondefense liaison officer of a foreign country, the authority of the 

Secretary of Defense under subsection (a) to pay expenses specified in paragraph (2) or (3) of subsection (b) may be exercised 

only if the assignment of that liaison officer as a liaison officer 

with the Department of Defense was accepted by the Secretary 

of Defense with the coordination of the Secretary of State. 

‘‘(d) REIMBURSEMENT.—The Secretary of Defense may provide 

the services and support specified in subsection (b)(2) with or without reimbursement from (or on behalf of) the recipients. The terms 

of reimbursement (if any) shall be specified in the appropriate 

agreements used to assign the liaison officer. 

‘‘(e) MONETARY LIMITATIONS ON EXPENSES PAYABLE.— 

‘‘(1) TRAVEL AND SUBSISTENCE EXPENSES GENERALLY.— 

Travel and subsistence expenses authorized to be paid under 

subsection (a) may not, in the case of any individual, exceed the 

amount that would be paid under chapter 7 or 8 of title 37 to 

a member of the armed forces (of a comparable grade) for authorized travel of a similar nature. 

‘‘(2) TRAVEL AND RELATED EXPENSES OF LIAISON OFFICERS.—The amount paid for expenses specified in subsection 

(b)(3) for any liaison officer in any fiscal year may not exceed 

$150,000. 

‘‘(f) REGULATIONS.—The Secretary of Defense shall prescribe 

regulations for the administration of this section. Such regulations 

shall be submitted to the Committees on Armed Services of the Senate and the House of Representatives. 

‘‘(g) ADMINISTRATIVE SERVICES AND SUPPORT DEFINED.—In this 

section, the term ‘administrative services and support’ includes base 

or installation support services, office space, utilities, copying services, fire and police protection, training programs conducted to familiarize, orient, or certify liaison personnel regarding unique aspects of the assignments of the liaison personnel, and computer support.’’. 

(b) CONFORMING AMENDMENTS.— 

(1) REPEALS.—Sections 1050, 1050a, 1051, and 1051a of 

title 10, United States Code, are repealed. 

(2) CLERICAL AMENDMENTS.—The table of sections at the 

beginning of chapter 53 of such title is amended by striking the 

items relating to sections 1050, 1050a, 1051, and 1051a. 


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(c) SAVINGS PROVISION FOR FISCAL YEAR 2017.—The authority 

under section 1050 of title 10, United States Code, as in effect on 

the day before the date of the enactment of this Act, shall continue 

to apply with respect to the Inter-American Defense College during 

fiscal year 2017 under regulations prescribed by the Secretary of Defense. 

SEC. 1244. TRANSFER AND REVISION OF CERTAIN AUTHORITIES ON 

PAYMENT OF EXPENSES OF TRAINING AND EXERCISES 

WITH FRIENDLY FOREIGN FORCES. 

(a) TRANSFER AND REVISION OF AUTHORITY ON PAYMENT OF

EXPENSES OF DEVELOPING COUNTRIES.—Section 2010 of title 10, 

United States Code, is transferred to chapter 16 of such title, as 

added by section 1241(a)(3) of this Act, inserted after the table of 

sections at the beginning of subchapter III, redesignated as section 

321, and amended to read as follows: 

‘‘§ 321. Training with friendly foreign countries: payment of 

training and exercise expenses 

‘‘(a) TRAINING AUTHORIZED.— 

‘‘(1) TRAINING WITH FOREIGN FORCES GENERALLY.—The 

armed forces under the jurisdiction of the Secretary of Defense 

may train with the military forces or other security forces of a 

friendly foreign country if the Secretary determines that it is in 

the national security interest of the United States to do so. 

‘‘(2) LIMITATION ON TRAINING OF GENERAL PURPOSE

FORCES.—The general purpose forces of the United States 

armed forces may train only with the military forces of a friendly foreign country. 

‘‘(3) TRAINING TO SUPPORT MISSION ESSENTIAL TASKS.—Any 

training conducted pursuant to paragraph (1) shall, to the maximum extent practicable, support the mission essential tasks for 

which the unit of the United States armed forces participating 

in such training is responsible. 

‘‘(4) ELEMENTS OF TRAINING.—Any training conducted pursuant to paragraph (1) shall, to the maximum extent practicable, include elements that promote— 

‘‘(A) observance of and respect for human rights and 

fundamental freedoms; and 

‘‘(B) respect for legitimate civilian authority within the 

foreign country concerned. 

‘‘(b) AUTHORITY TO PAY TRAINING AND EXERCISE EXPENSES.— 

Under regulations prescribed pursuant to subsection (e), the Secretary of a military department or the commander of a combatant 

command may pay, or authorize payment for, any of the following 

expenses: 

‘‘(1) Expenses of training forces assigned or allocated to 

that command in conjunction with training, and training with, 

the military forces or other security forces of a friendly foreign 

country under subsection (a). 

‘‘(2) Expenses of deploying such forces for that training. 

‘‘(3) The incremental expenses of a friendly foreign country 

as the direct result of participating in such training, as specified in the regulations. 


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‘‘(4) The incremental expenses of a friendly foreign country 

as the direct result of participating in an exercise with the 

armed forces under the jurisdiction of the Secretary of Defense. 

‘‘(5) Small-scale construction that is directly related to the 

effective accomplishment of the training described in paragraph 

(1) or an exercise described in paragraph (4). 

‘‘(c) PURPOSE OF TRAINING AND EXERCISES.— 

‘‘(1) IN GENERAL.—The primary purpose of the training and 

exercises for which payment may be made under subsection (b) 

shall be to train United States forces. 

‘‘(2) SELECTION OF FOREIGN PARTNERS.—Training and exercises with friendly foreign countries under subsection (a) should 

be planned and prioritized consistent with applicable guidance 

relating to the security cooperation programs and activities of 

the Department of Defense. 

‘‘(d) AVAILABILITY OF FUNDS FOR ACTIVITIES THAT CROSS FISCAL YEARS.—Amounts available for the authority to pay expenses in 

subsection (b) for a fiscal year may be used to pay expenses under 

that subsection for training and exercises that begin in such fiscal 

year but end in the next fiscal year. 

‘‘(e) QUARTERLY NOTICE ON PLANNED TRAINING.—Not later 

than the end of the first calender quarter beginning after the date 

of the enactment of the National Defense Authorization Act for Fiscal Year 2017, and every calender quarter thereafter, the Secretary 

of Defense shall submit to the appropriate committees of Congress 

a notice setting forth the schedule of planned training engagement 

pursuant to subsection (a) during the calendar quarter first following the calendar quarter in which such notice is submitted. 

‘‘(f) REGULATIONS.— 

‘‘(1) IN GENERAL.—The Secretary of Defense shall prescribe 

regulations for the administration of this section. The Secretary 

shall submit the regulations to the Committees on Armed Services of the Senate and the House of Representatives. 

‘‘(2) ELEMENTS.—The regulations required under this section shall provide the following: 

‘‘(A) A requirement that training and exercise activities 

may be carried out under this section only with the prior 

approval of the Secretary. 

‘‘(B) Accounting procedures to ensure that the expenditures pursuant to this section are appropriate. 

‘‘(C) Procedures to limit the payment of incremental expenses to friendly foreign countries only to developing countries, except in the case of exceptional circumstances as 

specified in the regulations.’’. 

(b) TRANSFER OF AUTHORITY FOR PAYMENT OF EXPENSES IN

CONNECTION WITH SPECIAL OPERATIONS FORCES TRAINING.—Section 2011 of title 10, United States Code, is transferred to chapter 

16 of such title, inserted after section 321, as transferred and 

amended by subsection (a) of this section, and redesignated as section 322. 

(c) CONFORMING REPEAL.—Section 1203 of the National Defense 

Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 

Stat. 894; 10 U.S.C. 2011 note) is repealed. 


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(d) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 101 of title 10, United States Code, is amended by 

striking the items relating to sections 2010 and 2011. 

SEC. 1245. TRANSFER AND REVISION OF AUTHORITY TO PROVIDE 

OPERATIONAL SUPPORT TO FORCES OF FRIENDLY FOREIGN COUNTRIES. 

(a) TRANSFER AND REVISION.—Section 127d of title 10, United 

States Code, is transferred to chapter 16 of such title, as added by 

section 1241(a)(3) of this Act, inserted after the table of sections at 

the beginning of subchapter IV, redesignated as section 331, and 

amended to read as follows: 

‘‘§ 331. Friendly foreign countries: authority to provide support for conduct of operations 

‘‘(a) AUTHORITY.—The Secretary of Defense may provide support 

to friendly foreign countries in connection with the conduct of operations designated pursuant to subsection (b). 

‘‘(b) DESIGNATED OPERATIONS.— 

‘‘(1) IN GENERAL.—The Secretary of Defense shall designate 

the operations for which support may be provided under the authority in subsection (a). 

‘‘(2) NOTICE TO CONGRESS.—The Secretary shall notify the 

appropriate committees of Congress of the designation of any 

operation pursuant to this subsection. 

‘‘(3) ANNUAL REVIEW FOR CONTINUING DESIGNATION.—The 

Secretary shall undertake on an annual basis a review of the 

operations currently designated pursuant to this subsection in 

order to determine whether each such operation merits continuing designation for purposes of this section for another year. 

If the Secretary determines that any operation so reviewed merits continuing designation for purposes of this section for another year, the Secretary— 

‘‘(A) may continue the designation of such operation 

under this subsection for such purposes for another year; 

and 

‘‘(B) if the Secretary so continues the designation of 

such operation, shall notify the appropriate committees of 

Congress of the continuation of designation of such operation. 

‘‘(c) TYPES OF SUPPORT AUTHORIZED.—The types of support that 

may be provided under the authority in subsection (a) are the following: 

‘‘(1) Logistic support, supplies, and services to security 

forces of a friendly foreign country participating in— 

‘‘(A) an operation with the armed forces under the jurisdiction of the Secretary of Defense; or 

‘‘(B) a military or stability operation that benefits the 

national security interests of the United States. 

‘‘(2) Logistic support, supplies, and services— 

‘‘(A) to military forces of a friendly foreign country solely for the purpose of enhancing the interoperability of the 

logistical support systems of military forces participating in 

a combined operation with the United States in order to facilitate such operation; or 


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‘‘(B) to a nonmilitary logistics, security, or similar 

agency of a friendly foreign government if such provision 

would directly benefit the armed forces under the jurisdiction of the Secretary of Defense. 

‘‘(3) Procurement of equipment for the purpose of the loan 

of such equipment to the military forces of a friendly foreign 

country participating in a United States-supported coalition or 

combined operation and the loan of such equipment to those 

forces to enhance capabilities or to increase interoperability 

with the armed forces under the jurisdiction of the Secretary of 

Defense and other coalition partners. 

‘‘(4) Provision of specialized training to personnel of friendly foreign countries in connection with such an operation, including training of such personnel before deployment in connection with such operation. 

‘‘(5) Small-scale construction to support military forces of a 

friendly foreign country participating in a United States-supported coalition or combined operation when the construction is 

directly linked to the ability of such forces to participate in such 

operation effectively and is limited to the geographic area where 

such operation is taking place. 

‘‘(d) CERTIFICATION REQUIRED.— 

‘‘(1) OPERATIONS IN WHICH THE UNITED STATES IS NOT PARTICIPATING.—The Secretary of Defense may provide support 

under subsection (a) to a friendly foreign country with respect 

to an operation in which the United States is not participating 

only— 

‘‘(A) if the Secretary of Defense and the Secretary of 

State jointly certify to the appropriate committees of Congress that the operation is in the national security interests 

of the United States; and 

‘‘(B) after the expiration of the 15-day period beginning 

on the date of such certification. 

‘‘(2) ACCOMPANYING REPORT.—Any certification under paragraph (1) shall be accompanied by a report that includes the 

following: 

‘‘(A) A description of the operation, including the geographic area of the operation. 

‘‘(B) A list of participating countries. 

‘‘(C) A description of the type of support and the duration of support to be provided. 

‘‘(D) A description of the national security interests of 

the United States supported by the operation. 

‘‘(E) Such other matters as the Secretary of Defense 

and the Secretary of State consider significant to a consideration of such certification. 

‘‘(e) SECRETARY OF STATE CONCURRENCE.—The provision of 

support under subsection (a) may be made only with the concurrence of the Secretary of State. 

‘‘(f) SUPPORT OTHERWISE PROHIBITED BY LAW.—The Secretary 

of Defense may not use the authority in subsection (a) to provide any 

type of support described in subsection (c) that is otherwise prohibited by any provision of law. 

‘‘(g) LIMITATIONS ON VALUE.— 


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‘‘(1) The aggregate value of all logistic support, supplies, 

and services provided under paragraphs (1), (4), and (5) of subsection (c) in any fiscal year may not exceed $450,000,000. 

‘‘(2) The aggregate value of all logistic support, supplies, 

and services provided under subsection (c)(2) in any fiscal year 

may not exceed $5,000,000. 

‘‘(h) LOGISTIC SUPPORT, SUPPLIES, AND SERVICES DEFINED.—In 

this section, the term ‘logistic support, supplies, and services’ has 

the meaning given that term in section 2350(1) of this title.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 3 of such title is amended by striking the item relating to section 127d. 

(c) CONFORMING REPEAL.—Section 1207 of the National Defense 

Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 

Stat. 1040; 10 U.S.C. 2282 note) is repealed. 

SEC. 1246. DEPARTMENT OF DEFENSE STATE PARTNERSHIP PROGRAM. 

(a) CODIFICATION IN NEW CHAPTER ON SECURITY COOPERATION

ACTIVITIES.—Chapter 16 of title 10, United States Code, as added 

by section 1241(a)(3) of this Act, is amended by inserting after the 

table of sections at the beginning of subchapter V a new section 341 

consisting of— 

(1) a heading as follows: 

‘‘§ 341. Department of Defense State Partnership Program’’; 

and 

(2) a text consisting of subsections (a) through (g) of section 

1205 of the National Defense Authorization Act for Fiscal Year 

2014 (32 U.S.C. 107 note). 

(b) PROHIBITION ON ACTIVITIES WITH UNITS HAVING COM- MITTED GROSS VIOLATIONS OF HUMAN RIGHTS.—Subsection (b) of 

section 341 of title 10, United States Code, as added by subsection 

(a) of this section, is amended— 

(1) by striking ‘‘(b) LIMITATION.—An activity’’ and inserting 

the following: 

‘‘(b) LIMITATIONS.— ‘‘(1) IN GENERAL.—An activity’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) PROHIBITION ON ACTIVITIES WITH UNITS THAT HAVE

COMMITTED GROSS VIOLATIONS OF HUMAN RIGHTS.—The conduct of any activities under a program established under subsection (a) shall be subject to the provisions of section 362 of 

this title.’’. 

(c) REVISIONS TO STRIKE OBSOLETE PROVISIONS AND CONFORM

TO PROVISIONS IN NEW CHAPTER.—Such section 341, as so added, 

is further amended— 

(1) by striking subsection (d) and inserting the following 

new subsection (d): 

‘‘(d) REGULATIONS.—This section shall be carried out in accordance with such regulations as the Secretary of Defense shall prescribe for purposes of this section. Such regulations shall include accounting procedures to ensure that expenditures of funds to carry 

out this section are accounted for and appropriate.’’; and 

(2) in subsection (g), by striking ‘‘under title 10’’ and all 

that follows and inserting ‘‘under title 10 as in effect on December 26, 2013.’’. 


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(d) ANNUAL REPORTS.— 

(1) REPORTS UNDER CODIFIED AUTHORITY.—Subsection (f) of 

such section 341, as so added, is amended— 

(A) by striking ‘‘(f) REPORTS AND NOTIFICATIONS.—’’ 

and all that follows through ‘‘(B) MATTERS TO BE INCLUDED.—’’ and inserting the following: 

‘‘(f) ANNUAL REPORTS.— 

‘‘(1) IN GENERAL.—Not later than February 1 following 

each of fiscal years 2016, 2017, and 2018, the Secretary of Defense shall submit to the appropriate congressional committees 

a report on activities under each program established under 

subsection (a) during such fiscal year. 

‘‘(2) MATTERS TO BE INCLUDED.—’’; and 

(B) in paragraph (2), as redesignated by subparagraph 

(A) of this paragraph— 

(i) by redesignating clauses (i) through (vi) as subparagraphs (A) through (F), respectively, and realigning the margin of each such subparagraph two ems to 

the left; and 

(ii) in subparagraph (F), as redesignated by clause 

(i) of this subparagraph, by striking ‘‘clause (v)’’ and 

inserting ‘‘subparagraph (E)’’. 

(2) REPORTS UNDER CODIFIED REPORTING AUTHORITY IN

NEW CHAPTER ON SECURITY COOPERATION ACTIVITIES.—Effective 

as of January 1, 2020— 

(A) section 386(c)(1) of title 10, United States Code, as 

added by section 1251(d)(1) of this Act, is amended by inserting ‘‘341,’’ after ‘‘333,’’; and 

(B) section 341 of title 10, United States Code, as 

added and amended by this section, is further amended— 

(i) by striking subsection (f); and 

(ii) by redesignating subsection (g) as subsection 

(f). 

(e) CONFORMING REPEAL.—Section 1205 of the National Defense 

Authorization Act for Fiscal Year 2014 is repealed. 

SEC. 1247. TRANSFER OF AUTHORITY ON REGIONAL DEFENSE COMBATING TERRORISM FELLOWSHIP PROGRAM. 

(a) TRANSFER AND REDESIGNATION.—Section 2249c of title 10, 

United States Code, is transferred to chapter 16 of such title, as 

added by section 1241(a)(3) of this Act, inserted after section 344, 

as transferred and redesignated by section 1241(g) of this Act, and 

redesignated as section 345. 

(b) CONFORMING AMENDMENT IN CONNECTION WITH TRANSFER

TO NEW CHAPTER.—Subsection (c) of such section 345, as so transferred and redesignated, is amended by striking ‘‘to Congress’’ and 

inserting ‘‘to the appropriate committees of Congress’’. 

(c) HEADING AMENDMENT.—The heading of such section 345, as 

so transferred and redesignated, is amended to read as follows: 

‘‘§ 345. Regional Defense Combating Terrorism Fellowship 

Program’’. 

(d) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter I of chapter 134 of such title is amended by 

striking the item relating to section 2249c. 


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SEC. 1248. CONSOLIDATION OF AUTHORITIES FOR SERVICE ACADEMY 

INTERNATIONAL ENGAGEMENT. 

(a) CONSOLIDATION OF AUTHORITIES.—Chapter 16 of title 10, 

United States Code, as added by section 1241(a)(3) of this Act, is 

amended by inserting after section 346, as transferred and redesignated by section 1241(h) of this Act, the following new section: 

‘‘§ 347. International engagement authorities for service 

academies 

‘‘(a) SELECTION OF PERSONS FROM FOREIGN COUNTRIES TO RECEIVE INSTRUCTION AT SERVICE ACADEMIES.— 

‘‘(1) ATTENDANCE AUTHORIZED.— 

‘‘(A) IN GENERAL.—The Secretary of each military department may permit persons from foreign countries to receive instruction at the Service Academy under the jurisdiction of the Secretary. Such persons shall be in addition to— 

‘‘(i) in the case of the United States Military Academy, the authorized strength of the Corps of the Cadets 

of the Academy under 4342 of this title; 

‘‘(ii) in the case of the United States Naval Academy, the authorized strength of the Brigade of Midshipmen of the Academy under section 6954 of this 

title; and 

‘‘(iii) in the case of the United States Air Force 

Academy, the authorized strength of the Cadet Wing of 

the Academy under 9342 of this title. 

‘‘(B) LIMITATION ON NUMBER.—The number of persons 

permitted to receive instruction at each Service Academy 

under this subsection may not be more than 60 at any one 

time. 

‘‘(2) DETERMINATION OF FOREIGN COUNTRIES FROM WHICH

PERSONS MAY BE SELECTED.—The Secretary of a military department, upon approval by the Secretary of Defense, shall determine— 

‘‘(A) the countries from which persons may be selected 

for appointment under this subsection to the Service Academy under the jurisdiction of that Secretary; and 

‘‘(B) the number of persons that may be selected from 

each country. 

‘‘(3) QUALIFICATIONS AND SELECTION.—The Secretary of 

each military department— 

‘‘(A) may establish entrance qualifications and methods 

of competition for selection among individual applicants 

under this subsection; and 

‘‘(B) shall select those persons who will be permitted to 

receive instruction at the Service Academy under the jurisdiction of the Secretary under this subsection. 

‘‘(4) SELECTION PRIORITY TO PERSONS WITH NATIONAL SERVICE OBLIGATION UPON GRADUATION.—In selecting persons to receive instruction under this subsection from among applicants 

from the countries approved under paragraph (2), the Secretary 

of the military department concerned shall give a priority to 

persons who have a national service obligation to their countries upon graduation from the Service Academy concerned. 


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‘‘(5) PAY, ALLOWANCES, AND EMOLUMENTS OF PERSONS AD- MITTED.—A person receiving instruction under this subsection is 

entitled to the pay, allowances, and emoluments of a cadet or 

midshipman appointed from the United States, and from the 

same appropriations. 

‘‘(6) REIMBURSEMENT OF COSTS BY FOREIGN COUNTRIES

FROM WHICH PERSONS ARE ADMITTED.— ‘‘(A) REIMBURSEMENT REQUIRED.—Each foreign country from which a cadet or midshipman is permitted to receive instruction at one of the Service Academies under this 

subsection shall reimburse the United States for the cost of 

providing such instruction, including the cost of pay, allowances, and emoluments provided under paragraph (5). The 

Secretaries of the military departments shall prescribe the 

rates for reimbursement under this paragraph, except that 

the reimbursement rates may not be less than the cost to 

the United States of providing such instruction, including 

pay, allowances, and emoluments, to a cadet or midshipman appointed from the United States. 

‘‘(B) WAIVER AUTHORITY.—The Secretary of Defense 

may waive, in whole or in part, the requirement for reimbursement of the cost of instruction for a cadet or midshipman under subparagraph (A). In the case of a partial 

waiver, the Secretary of Defense shall establish the amount 

waived. 

‘‘(7) APPLICABILITY OF ACADEMY REGULATIONS, ETC..— ‘‘(A) IN GENERAL.—Except as the Secretary of the military department concerned determines, a person receiving 

instruction under this subsection at the Service Academy 

under the jurisdiction of that Secretary is subject to the 

same regulations governing admission, attendance, discipline, resignation, discharge, dismissal, and graduation 

as a cadet or midshipman at that Academy appointed from 

the United States. 

‘‘(B) CLASSIFIED INFORMATION.—The Secretary of the 

military department concerned may prescribe regulations 

with respect to access to classified information by a person 

receiving instruction under this subsection at the Service 

Academy under the jurisdiction of that Secretary that differ 

from the regulations that apply to a cadet or midshipman 

at that Academy appointed from the United States. 

‘‘(8) INELIGIBILITY FOR APPOINTMENT IN THE UNITED STATES

ARMED FORCES.—A person receiving instruction at a Service 

Academy under this subsection is not entitled to an appointment in an armed force of the United States by reason of graduation from the Academy. 

‘‘(9) INAPPLICABILITY OF REQUIREMENT FOR TAKING OATH OF

ADMISSION.—A person receiving instruction under this subsection is not subject to section 4346(d), 6958(d), or 9346(d) of 

this title, as the case may be. 

‘‘(b) EXCHANGE PROGRAMS WITH FOREIGN MILITARY ACAD- EMIES.— ‘‘(1) EXCHANGE PROGRAMS AUTHORIZED.—The Secretary of 

a military department may permit a student enrolled at a military academy of a foreign country to receive instruction at the 


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Service Academy under the jurisdiction of that Secretary in exchange for a cadet or midshipman receiving instruction at that 

foreign military academy pursuant to an exchange agreement 

entered into between the Secretary and appropriate officials of 

the foreign country. A student receiving instruction at a Service 

Academy under the exchange program under this subsection 

shall be in addition to persons receiving instruction at the 

Academy under subsection (a). 

‘‘(2) LIMITATIONS ON NUMBER AND DURATION OF EXCHANGES.—An exchange agreement under this subsection between the Secretary and a foreign country shall provide for the 

exchange of students on a one-for-one basis each fiscal year. Not 

more than 100 cadets or midshipmen from each Service Academy and a comparable number of students from foreign military academies participating in the exchange program may be 

exchanged during any fiscal year. The duration of an exchange 

may not exceed the equivalent of one academic semester at a 

Service Academy. 

‘‘(3) COSTS AND EXPENSES.— 

‘‘(A) NO PAY AND ALLOWANCES.—A student from a military academy of a foreign country is not entitled to the pay, 

allowances, and emoluments of a cadet or midshipman by 

reason of attendance at a Service Academy under the exchange program, and the Department of Defense may not 

incur any cost of international travel required for transportation of such a student to and from the sponsoring foreign 

country. 

‘‘(B) SUBSISTENCE, TRANSPORTATION, ETC..—The Secretary of the military department concerned may provide a 

student from a foreign country under the exchange program, during the period of the exchange, with subsistence, 

transportation within the continental United States, clothing, health care, and other services to the same extent that 

the foreign country provides comparable support and services to the exchanged cadet or midshipman in that foreign 

country. 

‘‘(C) SOURCE OF FUNDS.—A Service Academy shall bear 

all costs of the exchange program from funds appropriated 

for that Academy and from such additional funds as may 

be available to that Academy from a source, other than appropriated funds, to support cultural immersion, regional 

awareness, or foreign language training activities in connection with the exchange program. 

‘‘(D) LIMITATION ON EXPENDITURES.—Expenditures in 

support of the exchange program from funds appropriated 

for each Academy may not exceed $1,000,000 during any 

fiscal year. 

‘‘(4) APPLICATION OF OTHER LAWS.—Paragraphs (7), (8), 

and (9) of subsection (a) shall apply with respect to a student 

enrolled at a military academy of a foreign country while attending a Service Academy under the exchange program. 

‘‘(5) REGULATIONS.—The Secretary of the military department concerned shall prescribe regulations to implement this 

subsection. Such regulations may include qualification criteria 


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and methods of selection for students of foreign military academies to participate in the exchange program. 

‘‘(c) FOREIGN AND CULTURAL EXCHANGE ACTIVITIES.— 

‘‘(1) ATTENDANCE AUTHORIZED.—The Secretary of a military department may authorize the Service Academy under the 

jurisdiction of that Secretary to permit students, officers, and 

other representatives of a foreign country to attend that Academy for periods of not more than four weeks if the Secretary determines that the attendance of such persons contributes significantly to the development of foreign language, cross-cultural 

interactions and understanding, and cultural immersion of cadets or midshipmen, as the case may be. 

‘‘(2) EFFECT OF ATTENDANCE.—Persons attending a Service 

Academy under paragraph (1) are not considered to be students 

enrolled at that Academy and are in addition to persons receiving instruction at that Academy under subsection (a) or (b). 

‘‘(3) FINANCIAL MATTERS.— 

‘‘(A) COSTS AND EXPENSES.—The Secretary of a military department may pay the travel, subsistence, and similar personal expenses of persons incurred to attend the 

Service Academy under the jurisdiction of that Secretary 

under paragraph (1). 

‘‘(B) SOURCE OF FUNDS.—Each Service Academy shall 

bear the costs of the attendance of persons at that Academy 

under paragraph (1) from funds appropriated for that 

Academy and from such additional funds as may be available to that Academy from a source, other than appropriated funds, to support cultural immersion, regional 

awareness, or foreign language training activities in connection with their attendance. 

‘‘(C) LIMITATION ON EXPENDITURES.—Expenditures 

from appropriated funds in support of activities under this 

subsection for any Service Academy may not exceed $40,000 

during any fiscal year. 

‘‘(d) SERVICE ACADEMY DEFINED.—In this section, the term 

‘Service Academy’ means the following: 

‘‘(1) The United States Military Academy. 

‘‘(2) The United States Naval Academy. 

‘‘(3) The United States Air Force Academy.’’. 

(b) CONFORMING REPEALS.— 

(1) REPEALS.—Sections 4344, 4345, 4345a, 6957, 6957a, 

6957b, 9344, 9345, and 9345a of title 10, United States Code, 

are repealed. 

(2) CLERICAL AMENDMENTS.— 

(A) The table of sections at the beginning of chapter 

403 of such title is amended by striking the items relating 

to sections 4344, 4345, and 4345a. 

(B) The table of sections at the beginning of chapter 

603 of such title is amended by striking the items relating 

to sections 6957, 6957a, and 6957b. 

(C) The table of sections at the beginning of chapter 

903 of such title is amended by striking the items relating 

to sections 9344, 9345, and 9345a. 


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SEC. 1249. CONSOLIDATED ANNUAL BUDGET FOR SECURITY COOPERATION PROGRAMS AND ACTIVITIES OF THE DEPARTMENT 

OF DEFENSE. 

(a) IN GENERAL.—Chapter 16 of title 10, United States Code, as 

added by section 1241(a)(3) of this Act, is amended by inserting 

after the table at the beginning of subchapter VII the following new 

section: 

‘‘§ 381. Consolidated budget 

‘‘(a) CONSOLIDATED BUDGET.—The budget of the President for 

each fiscal year, as submitted to Congress by the President pursuant 

to section 1105 of title 31, shall set forth by budget function and as 

a separate item the amounts requested for the Department of Defense for such fiscal year for all security cooperation programs and 

activities of the Department of Defense, including the military departments, to be conducted in such fiscal year, including the specific 

country or region and the applicable authority, to the extent practicable. 

‘‘(b) QUARTERLY REPORT ON USE OF FUNDS.—Not later than 30 

days after the end of each calendar quarter, the Secretary shall submit to the appropriate committees of Congress a report on the obligation and expenditure of funds for security cooperation programs 

and activities of the Department of Defense during such calendar 

quarter.’’. 

(b) APPLICABILITY.—The amendment made by subsection (a) 

shall take effect on the date of the enactment of this Act, and shall 

apply as follows: 

(1) Subsection (a) of section 381 of title 10, United States 

Code, as added by subsection (a), shall apply to budgets submitted to Congress by the President pursuant to section 1105 of 

title 31, United States Code, for each fiscal year after fiscal year 

2018. 

(2) Subsection (b) of such section 381, as so added, shall 

apply to calendar quarters beginning on or after the date of the 

enactment of this Act. 

SEC. 1250. DEPARTMENT OF DEFENSE SECURITY COOPERATION WORKFORCE DEVELOPMENT. 

(a) IN GENERAL.—Chapter 16 of title 10, United States Code, as 

added by section 1241(a)(3) of this Act, is amended by inserting 

after section 383, as added by section 1241(m) of this Act, the following new section: 

‘‘§ 384. Department of Defense security cooperation workforce 

development 

‘‘(a) PROGRAM REQUIRED.—The Secretary of Defense shall carry 

out a program to be known as the ‘Department of Defense Security 

Cooperation Workforce Development Program’ (in this section referred to as the ‘Program’) to oversee the development and management of a professional workforce supporting security cooperation 

programs and activities of the Department of Defense, including— 

‘‘(1) assessment, planning, monitoring, execution, evaluation, and administration of such programs and activities under 

this chapter; and 


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‘‘(2) execution of security assistance programs and activities 

under the Foreign Assistance Act of 1961 and the Arms Export 

Control Act by the Department of Defense. 

‘‘(b) PURPOSE.—The purpose of the Program is to improve the 

quality and professionalism of the security cooperation workforce in 

order to ensure that the workforce— 

‘‘(1) has the capacity, in both personnel and skills, needed 

to properly perform its mission, provide appropriate support to 

the assessment, planning, monitoring, execution, evaluation, 

and administration of security cooperation programs and activities described in subsection (a), and ensure that the Department receives the best value for the expenditure of public resources on such programs and activities; and 

‘‘(2) is assigned in a manner that ensures personnel with 

the appropriate level of expertise and experience are assigned in 

sufficient numbers to fulfill requirements for the security cooperation programs and activities of the Department of Defense 

and the execution of security assistance programs and activities 

described in subsection (a)(2). 

‘‘(c) ELEMENTS.—The Program shall consist of such elements relating to the development and management of the security cooperation workforce as the Secretary considers appropriate for the purposes specified in subsection (b), including elements on training, certification, assignment, and career development of personnel of the 

security cooperation workforce. 

‘‘(d) MANAGEMENT.—The Program shall be managed by the Director of the Defense Security Cooperation Agency. 

‘‘(e) GUIDANCE.— 

‘‘(1) INTERIM GUIDANCE.—Not later than 180 days after the 

date of the enactment of the National Defense Authorization Act 

for Fiscal Year 2017, the Secretary shall issue interim guidance 

for the execution and administration of the Program. 

‘‘(2) FINAL GUIDANCE.—Not later than one year after the 

date of the enactment of the National Defense Authorization Act 

for Fiscal Year 2017, the Secretary shall issue final guidance 

for the execution and administration of the Program. 

‘‘(3) SCOPE OF GUIDANCE.—The guidance shall do the following: 

‘‘(A) Provide direction to the Department of Defense on 

the establishment of professional career paths for the personnel of the security cooperation workforce, addressing 

training and education standards, promotion opportunities 

and requirements, retention policies, and scope of workforce 

demands. 

‘‘(B) Provide for a mechanism to identify and define 

training and certification requirements for security cooperation positions in the Department and a means to track 

workforce skills and certifications. 

‘‘(C) Provide for a mechanism to establish a program 

of professional certification in Department of Defense security cooperation for personnel of the security cooperation 

workforce in different career tracks and levels of competency based on requisite training and experience. 


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‘‘(D) Establish requirements for training and professional development associated with each level of certification provided for under subparagraph (C). 

‘‘(E) Establish and maintain a school to train, educate, 

and certify the security cooperation workforce according to 

standards developed for purposes of subparagraph (C). 

‘‘(F) Provide for a mechanism for assigning appropriately certified personnel of the security cooperation workforce to assignments associated with key positions in connection with security cooperation programs and activities. 

‘‘(G) Identify the appropriate composition of career and 

temporary personnel necessary to constitute the security cooperation workforce. 

‘‘(H) Identify specific positions throughout the security 

cooperation workforce to be managed and assigned through 

the Program. 

‘‘(f) SOURCE OF FUNDS.— 

‘‘(1) IN GENERAL.—Funds available to the Defense Security 

Cooperation Agency, and other funds available to the Department of Defense for security cooperation programs and activities 

of the Department of Defense, may be used to carry out the Program. 

‘‘(2) BUDGET JUSTIFICATION.—Funds necessary to carry out 

the Program as described in paragraph (1) for a fiscal year 

shall be identified, with appropriate justification, in the consolidated budget for such fiscal year required by section 381 of this 

title. 

‘‘(g) USE OF FUNDS.—Amounts available for use for the Program may be transferred to any account of the military departments 

or the Defense Agencies for purposes of the Program. 

‘‘(h) SECURITY COOPERATION WORKFORCE DEFINED.—In this 

section, the term ‘security cooperation workforce’ means the following: 

‘‘(1) Members of the armed forces and civilian employees of 

the Department of Defense working in the security cooperation 

organizations of United States missions overseas. 

‘‘(2) Members of the armed forces and civilian employees of 

the Department of Defense in the geographic combatant commands and functional combatant commands responsible for 

planning, monitoring, or conducting security cooperation activities. 

‘‘(3) Members of the armed forces and civilian employees of 

the Department of Defense in the military departments performing security cooperation activities, including activities in 

connection with the acquisition and development of technology 

release policies. 

‘‘(4) Other military and civilian personnel of Defense Agencies and Field Activities who perform security cooperation activities. 

‘‘(5) Personnel of the Department of Defense who perform 

assessments, monitoring, or evaluations of security cooperation 

programs and activities of the Department of Defense, including 

assessments under section 383 of this title. 

‘‘(6) Other members of the armed forces or civilian employees of the Department of Defense who contribute significantly to 


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the security cooperation programs and activities of the Department of Defense by virtue of their assigned duties, as determined pursuant to the guidance issued under subsection (e).’’. 

(b) REPORTS ON WORKFORCE DEVELOPMENT.— 

(1) IN GENERAL.—Not later than March 1, 2018, and each 

year thereafter through 2021, the Secretary of Defense shall 

submit to the appropriate committees of Congress a report on 

the Department of Defense Security Cooperation Workforce Development Program required by section 384 of title 10, United 

States Code, as added by subsection (a), for the fiscal year beginning in the year in which such report is submitted. 

(2) ELEMENTS.—Each report under this subsection shall include, for the fiscal year covered by such report, the following: 

(A) The funds requested or allocated for the Department of Defense Security Cooperation Workforce Development Program and for the security cooperation workforce. 

(B) A description of how the funds identified pursuant 

to subparagraph (A) will be implemented for the following: 

(i) To address any gaps in the skills and competencies of the current or anticipated security cooperation workforce 

(ii) To provide incentives to retain qualified, experienced personnel in the security cooperation workforce. 

(iii) To provide incentives to attract and recruit 

new, high-quality personnel to the security cooperation 

workforce. 

(C) Any other matters the Secretary considers appropriate. 

(3) DEFINITIONS.—In this subsection: 

(A) The term ‘‘appropriate committees of Congress’’ has 

the meaning given that term in section 301(1) of title 10, 

United States Code, as added by section 1241(a)(3) of this 

Act. 

(B) The term ‘‘security cooperation workforce’’ has the 

meaning given that term in section 384(h) of title 10, 

United States Code, as added by subsection (a). 

SEC. 1251. REPORTING REQUIREMENTS. 

(a) CODIFICATION IN NEW CHAPTER ON SECURITY COOPERATION

ACTIVITIES.—Chapter 16 of title 10, United States Code, as added 

by section 1241(a)(3) of this Act, is amended by inserting after section 385, as added by section 1241(m) of this Act, a new section 386 

consisting of— 

(1) a heading as follows: 

‘‘§ 386. Annual report’’; and 

(2) a text consisting of subsections (a) through (e) of section 

1211 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (Public 

Law 113–291; 128 Stat. 3544). 

(b) REVISIONS TO PROVIDE FOR PERMANENT, ANNUAL REPORT.—Subsection (a) of section 386 of title 10, United States Code, 

as added by subsection (a) of this section, is amended— 

(1) by striking ‘‘BIENNIAL’’ and all that follows through ‘‘the 

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QUIRED.—Not later than January 31 of each year beginning in 

2018, the Secretary of Defense’’; 

(2) by striking ‘‘congressional defense committees’’ and inserting ‘‘appropriate congressional committees’’; 

(3) by inserting ‘‘under the authorities in subsection (c)’’ 

after ‘‘Department of Defense’’; 

(4) by striking ‘‘security assistance’’ and inserting ‘‘assistance’’; 

(5) by striking ‘‘the two fiscal years’’ and inserting ‘‘the fiscal year’’; and 

(6) by striking ‘‘under the authorities in subsection (c)’’ after 

‘‘submitted’’. 

(c) ELEMENTS OF REPORT.—Subsection (b) of such section 386, 

as so added, is amended— 

(1) in paragraph (1), by inserting ‘‘, duration,’’ after ‘‘purpose’’; 

(2) in paragraph (2), by striking ‘‘The cost’’ and inserting 

‘‘The cost and expenditures’’; 

(3) by adding at the end the following: 

‘‘(4) For each foreign country in which defense articles, defense services, supplies (including consumables), small-scale 

construction, or reimbursement were provided, a description of 

the extent of participation, if any, by the military forces and security forces or other government organizations of such foreign 

country. 

‘‘(5) The number of members of the United States armed 

forces involved in providing such defense articles, defense services, supplies (including consumables), and small-scale construction, and, if applicable, a description of the military benefits for such members involved in providing such training, 

equipment, or assistance. 

‘‘(6) A summary, by authority, of the activities carried out 

under each authority specified in subsection (c).’’. 

(d) MODIFICATION TO SPECIFIED AUTHORITIES.—Subsection (c) 

of such section 386, as so added, is amended— 

(1) by striking paragraph (1) and inserting the following 

new paragraph (1): 

‘‘(1) Sections 311, 321, 331, 332, 333, 344, 348, 349, and 

350 of this title.’’; 

(2) by striking paragraphs (4), (5), (7), (10), (11), and (12); 

(3) by redesignating paragraphs (6), (8), (9), and (13) 

through (16) as paragraphs (4) through (10), respectively; 

(4) by inserting after paragraph (10), as redesignated by 

paragraph (3) of this subsection, the following new paragraphs: 

‘‘(11) Section 401 of this title, relating to humanitarian and 

civic assistance provided in conjunction with military operations. 

‘‘(12) Section 1206 of the Carl Levin and Howard P. ‘Buck’ 

McKeon National Defense Authorization Act for Fiscal Year 

2015 (128 Stat. 3538; 10 U.S.C. 2282 note), relating to authority to conduct human rights training of security forces and associated security ministries of foreign countries.’’; 

(5) by redesignating paragraph (17) as paragraph (13); and 

(6) by striking ‘‘of title 10, United States Code’’ each place 

it appears and inserting ‘‘of this title’’. 


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(e) MODIFICATION OF NONDUPLICATION OF EFFORT REQUIRE- MENT.—Subsection (d) of such section 386, as so added, is amended— 

(1) by striking ‘‘If any information’’ and inserting the following: 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), if 

any information’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) EXCEPTION.—Paragraph (1) does not apply with respect 

to information required under subsection (a) that is required to 

be submitted as described in paragraphs (1) and (2) of subsection (b).’’. 

(f) FORM.—Subsection (e) of such section 386, as so added, is 

amended by inserting ‘‘that may also include other sensitive information’’ after ‘‘annex’’. 

(g) CONFORMING REPEAL.—Section 1211 of the Carl Levin and 

Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for 

Fiscal Year 2015 is repealed. 

SEC. 1252. QUADRENNIAL REVIEW OF SECURITY SECTOR ASSISTANCE 

PROGRAMS AND AUTHORITIES OF THE UNITED STATES 

GOVERNMENT. 

(a) STATEMENT OF POLICY.—It is the policy of the United States 

that the principal goals of the security sector assistance programs 

and authorities of the United States Government are as follows: 

(1) To assist partner nations in building sustainable capability to address common security challenges with the United 

States. 

(2) To promote partner nation support for United States interests. 

(3) To promote universal values, such as good governance, 

transparent and accountable oversight of security forces, rule of 

law, transparency, accountability, delivery of fair and effective 

justice, and respect for human rights. 

(4) To strengthen collective security and multinational defense arrangements and organizations of which the United 

States is a participant. 

(b) QUADRENNIAL REVIEW.— (1) REVIEW REQUIRED.—Not later than January 31, 2018, 

and every four years thereafter though 2034, the President shall 

complete a review of the security sector assistance programs, 

policies, authorities, and resources of the United States Government across the United States Government. 

(2) ELEMENTS.—Each review under this subsection shall include the following: 

(A) An examination whether the current security sector 

assistance programs, policies, authorities, and resources of 

the United States Government are sufficient to achieve the 

goals specified in subsection (a), and an identification of 

any gaps or shortfalls needing mitigation. 

(B) An examination of the success of such programs 

and resources in achieving such goals, based on a review 

of relevant departmental and interagency programmatic 

and strategic evaluations. 

(C) An examination of the extent to which the security 

sector assistance of the United States Government is 


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aligned with national security and foreign policy objectives, 

conducted in support of clear and coherent policy guidance, 

and planned and executed in accordance with identified 

best practices. 

(D) The development of recommendations, as appropriate, for improving the security sector assistance programs, policies, authorities, and resources of the United 

States Government to more effectively achieve the goals 

specified in subsection (a) and support other national security objectives. 

(3) SUBMITTAL TO CONGRESS.—Not later than 60 days after 

the completion of a review under this subsection, the President 

shall submit to the appropriate committees of Congress a report 

setting forth a summary of the review, including any recommendations developed pursuant to paragraph (2)(D). 

(4) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In 

this subsection, the term ‘‘appropriate committees of Congress’’ 

has the meaning given that term in section section 301(1) of 

title 10, United States Code, as added by section 1241(a)(3) of 

this Act. 

SEC. 1253. OTHER CONFORMING AMENDMENTS AND AUTHORITY FOR 

ADMINISTRATION. 

(a) REPEAL OF OTHER SUPERSEDED, OBSOLETE, OR DUPLICA- TIVE STATUTES.— (1) IN GENERAL.—The following provisions of title 10, 

United States Code, are repealed: 

(A) Section 168, relating to military-to-military contacts and comparable activities. 

(B) Section 1051c, relating to assignment of members 

of foreign military forces to improve education and training 

in information security through multilateral, bilateral, or 

regional cooperation programs. 

(C) Section 2562, relating to a limitation on use of excess construction or fire equipment from Department of Defense stocks in foreign assistance or military sales programs. 

(D) Sections 4681 and 9681, relating to sale of surplus 

war material to States and foreign governments. 

(2) CLERICAL AMENDMENTS.—Title 10, United States Code, 

is amended as follows: 

(A) The table of sections at the beginning of chapter 6 

is amended by striking the item relating to section 168. 

(B) The table of sections at the beginning of chapter 53 

is amended by striking the item relating to section 1051c. 

(C) The table of sections at the beginning of chapter 

152 is amended by striking the item relating to section 

2562. 

(D) The table of sections at the beginning of chapter 

443 is amended by striking the item relating to section 

4681. 

(E) The table of sections at the beginning of chapter 

943 is amended by striking the item relating to section 

9681. 

(b) SAVINGS CLAUSE.—Any determination or other action made 

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sion of law transferred or repealed by this subchapter that is in effect as of the date of the enactment of this Act and is necessary for 

the administration of a successor authority to such provision of law 

under chapter 16 of title 10, United States Code, by reason of the 

enactment of such chapter by this subchapter shall remain in effect, 

in accordance with the terms of such determination or action when 

made or taken, for purposes of the administration of such successor 

authority. 

(c) REPORT ON DISCHARGE OF CERTAIN ACTIVITIES UNDER NEW

SECURITY COOPERATION AUTHORITY.— 

(1) IN GENERAL.—Not later than October 1, 2017, the Secretary of Defense shall submit to the congressional defense committees a report setting forth a description of any gaps that exist 

between applicable authorities in chapter 16 of title 10, United 

States Code, as added by section 1241(a)(3) of this Act, and the 

current law or other authorities under which activities under 

the initiatives specified in paragraph (2) are carried out. 

(2) INITIATIVES.—The initiatives specified in this paragraph 

are the following: 

(A) The Southeast Asia Maritime Security Initiative. 

(B) The Ukraine Security Assistance Initiative. 

(3) ELEMENTS.—The report under paragraph (1) shall include the following: 

(A) A description of each discrete set of activities under 

an initiative specified in paragraph (2) for which gaps exist 

between the applicable authorities in chapter 16 of title 10, 

United States Code, as so added, and current law or other 

authorities under which such activities are carried out. 

(B) For each discrete set of activities covered by subparagraph (A), the following: 

(i) A description of the gaps described in subparagraph (A). 

(ii) Recommendations for legislative or administrative action to address such gaps. 

Subtitle F—Human Rights Sanctions 

SEC. 1261. SHORT TITLE. 

This subtitle may be cited as the ‘‘Global Magnitsky Human 

Rights Accountability Act’’. 

SEC. 1262. DEFINITIONS. 

In this subtitle: 

(1) FOREIGN PERSON.—The term ‘‘foreign person’’ has the 

meaning given that term in section 595.304 of title 31, Code of 

Federal Regulations (as in effect on the day before the date of 

the enactment of this Act). 

(2) GROSS VIOLATIONS OF INTERNATIONALLY RECOGNIZED

HUMAN RIGHTS.—The term ‘‘gross violations of internationally 

recognized human rights’’ has the meaning given that term in 

section 502B(d)(1) of the Foreign Assistance Act of 1961 (22 

U.S.C. 2304(d)(1)). 

(3) PERSON.—The term ‘‘person’’ has the meaning given 

that term in section 591.308 of title 31, Code of Federal Regulations (as in effect on the day before the date of the enactment 

of this Act). 


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(4) UNITED STATES PERSON.—The term ‘‘United States person’’ has the meaning given that term in section 595.315 of title 

31, Code of Federal Regulations (as in effect on the day before 

the date of the enactment of this Act). 

SEC. 1263. AUTHORIZATION OF IMPOSITION OF SANCTIONS. 

(a) IN GENERAL.—The President may impose the sanctions described in subsection (b) with respect to any foreign person the 

President determines, based on credible evidence— 

(1) is responsible for extrajudicial killings, torture, or other 

gross violations of internationally recognized human rights 

committed against individuals in any foreign country who 

seek— 

(A) to expose illegal activity carried out by government 

officials; or 

(B) to obtain, exercise, defend, or promote internationally recognized human rights and freedoms, such as the 

freedoms of religion, expression, association, and assembly, 

and the rights to a fair trial and democratic elections; 

(2) acted as an agent of or on behalf of a foreign person in 

a matter relating to an activity described in paragraph (1); 

(3) is a government official, or a senior associate of such an 

official, that is responsible for, or complicit in, ordering, controlling, or otherwise directing, acts of significant corruption, 

including the expropriation of private or public assets for personal gain, corruption related to government contracts or the extraction of natural resources, bribery, or the facilitation or 

transfer of the proceeds of corruption to foreign jurisdictions; or 

(4) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services 

in support of, an activity described in paragraph (3). 

(b) SANCTIONS DESCRIBED.—The sanctions described in this 

subsection are the following: 

(1) INADMISSIBILITY TO UNITED STATES.—In the case of a 

foreign person who is an individual— 

(A) ineligibility to receive a visa to enter the United 

States or to be admitted to the United States; or 

(B) if the individual has been issued a visa or other 

documentation, revocation, in accordance with section 

221(i) of the Immigration and Nationality Act (8 U.S.C. 

1201(i)), of the visa or other documentation. 

(2) BLOCKING OF PROPERTY.— 

(A) IN GENERAL.—The blocking, in accordance with the 

International Emergency Economic Powers Act (50 U.S.C. 

1701 et seq.), of all transactions in all property and interests in property of a foreign person if such property and interests in property are in the United States, come within the 

United States, or are or come within the possession or control of a United States person. 

(B) INAPPLICABILITY OF NATIONAL EMERGENCY REQUIREMENT.—The requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) 

shall not apply for purposes of this section. 

(C) EXCEPTION RELATING TO IMPORTATION OF GOODS.— 

(i) IN GENERAL.—The authority to block and prohibit all transactions in all property and interests in 


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property under subparagraph (A) shall not include the 

authority to impose sanctions on the importation of 

goods. 

(ii) GOOD.—In this subparagraph, the term ‘‘good’’ 

has the meaning given that term in section 16 of the 

Export Administration Act of 1979 (50 U.S.C. 4618) (as 

continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)). 

(c) CONSIDERATION OF CERTAIN INFORMATION IN IMPOSING

SANCTIONS.—In determining whether to impose sanctions under 

subsection (a), the President shall consider— 

(1) information provided jointly by the chairperson and 

ranking member of each of the appropriate congressional committees; and 

(2) credible information obtained by other countries and 

nongovernmental organizations that monitor violations of 

human rights. 

(d) REQUESTS BY APPROPRIATE CONGRESSIONAL COMMITTEES.— (1) IN GENERAL.—Not later than 120 days after receiving a 

request that meets the requirements of paragraph (2) with respect to whether a foreign person has engaged in an activity described in subsection (a), the President shall— 

(A) determine if that person has engaged in such an activity; and 

(B) submit a classified or unclassified report to the 

chairperson and ranking member of the committee or committees that submitted the request with respect to that determination that includes— 

(i) a statement of whether or not the President imposed or intends to impose sanctions with respect to the 

person; and 

(ii) if the President imposed or intends to impose 

sanctions, a description of those sanctions. 

(2) REQUIREMENTS.— 

(A) REQUESTS RELATING TO HUMAN RIGHTS VIOLA- TIONS.—A request under paragraph (1) with respect to 

whether a foreign person has engaged in an activity described in paragraph (1) or (2) of subsection (a) shall be 

submitted to the President in writing jointly by the chairperson and ranking member of one of the appropriate congressional committees. 

(B) REQUESTS RELATING TO CORRUPTION.—A request 

under paragraph (1) with respect to whether a foreign person has engaged in an activity described in paragraph (3) 

or (4) of subsection (a) shall be submitted to the President 

in writing jointly by the chairperson and ranking member 

of— 

(i) one of the appropriate congressional committees 

of the Senate; and 

(ii) one of the appropriate congressional committees 

of the House of Representatives. 

(e) EXCEPTION TO COMPLY WITH UNITED NATIONS HEAD- QUARTERS AGREEMENT AND LAW ENFORCEMENT OBJECTIVES.— 

Sanctions under subsection (b)(1) shall not apply to an individual 

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portant law enforcement objectives or is necessary to permit the 

United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 

1947, and entered into force November 21, 1947, between the United 

Nations and the United States, or other applicable international obligations of the United States. 

(f) ENFORCEMENT OF BLOCKING OF PROPERTY.—A person that 

violates, attempts to violate, conspires to violate, or causes a violation of a sanction described in subsection (b)(2) that is imposed by 

the President or any regulation, license, or order issued to carry out 

such a sanction shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency 

Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that 

section. 

(g) TERMINATION OF SANCTIONS.—The President may terminate 

the application of sanctions under this section with respect to a person if the President determines and reports to the appropriate congressional committees not later than 15 days before the termination 

of the sanctions that— 

(1) credible information exists that the person did not engage in the activity for which sanctions were imposed; 

(2) the person has been prosecuted appropriately for the activity for which sanctions were imposed; 

(3) the person has credibly demonstrated a significant 

change in behavior, has paid an appropriate consequence for 

the activity for which sanctions were imposed, and has credibly 

committed to not engage in an activity described in subsection 

(a) in the future; or 

(4) the termination of the sanctions is in the national security interests of the United States. 

(h) REGULATORY AUTHORITY.—The President shall issue such 

regulations, licenses, and orders as are necessary to carry out this 

section. 

(i) IDENTIFICATION OF SANCTIONABLE FOREIGN PERSONS.—The 

Assistant Secretary of State for Democracy, Human Rights, and 

Labor, in consultation with the Assistant Secretary of State for Consular Affairs and other bureaus of the Department of State, as appropriate, is authorized to submit to the Secretary of State, for review and consideration, the names of foreign persons who may meet 

the criteria described in subsection (a). 

(j) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Banking, Housing, and Urban Affairs 

and the Committee on Foreign Relations of the Senate; and 

(2) the Committee on Financial Services and the Committee 

on Foreign Affairs of the House of Representatives. 

SEC. 1264. REPORTS TO CONGRESS. 

(a) IN GENERAL.—The President shall submit to the appropriate 

congressional committees, in accordance with subsection (b), a report that includes— 

(1) a list of each foreign person with respect to which the 

President imposed sanctions pursuant to section 1263 during 

the year preceding the submission of the report; 


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(2) a description of the type of sanctions imposed with respect to each such person; 

(3) the number of foreign persons with respect to which the 

President— 

(A) imposed sanctions under section 1263(a) during 

that year; and 

(B) terminated sanctions under section 1263(g) during 

that year; 

(4) the dates on which such sanctions were imposed or terminated, as the case may be; 

(5) the reasons for imposing or terminating such sanctions; 

and 

(6) a description of the efforts of the President to encourage 

the governments of other countries to impose sanctions that are 

similar to the sanctions authorized by section 1263. 

(b) DATES FOR SUBMISSION.— 

(1) INITIAL REPORT.—The President shall submit the initial 

report under subsection (a) not later than 120 days after the 

date of the enactment of this Act. 

(2) SUBSEQUENT REPORTS.— 

(A) IN GENERAL.—The President shall submit a subsequent report under subsection (a) on December 10, or the 

first day thereafter on which both Houses of Congress are 

in session, of— 

(i) the calendar year in which the initial report is 

submitted if the initial report is submitted before December 10 of that calendar year; and 

(ii) each calendar year thereafter. 

(B) CONGRESSIONAL STATEMENT.—Congress notes that 

December 10 of each calendar year has been recognized in 

the United States and internationally since 1950 as 

‘‘Human Rights Day’’. 

(c) FORM OF REPORT.— 

(1) IN GENERAL.—Each report required by subsection (a) 

shall be submitted in unclassified form, but may include a classified annex. 

(2) EXCEPTION.—The name of a foreign person to be included in the list required by subsection (a)(1) may be submitted in the classified annex authorized by paragraph (1) only 

if the President— 

(A) determines that it is vital for the national security 

interests of the United States to do so; 

(B) uses the annex in a manner consistent with congressional intent and the purposes of this subtitle; and 

(C) not later than 15 days before submitting the name 

in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including the name in the classified annex despite any publicly 

available credible information indicating that the person 

engaged in an activity described in section 1263(a). 

(d) PUBLIC AVAILABILITY.— 

(1) IN GENERAL.—The unclassified portion of the report required by subsection (a) shall be made available to the public, 

including through publication in the Federal Register. 


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(2) NONAPPLICABILITY OF CONFIDENTIALITY REQUIREMENT

WITH RESPECT TO VISA RECORDS.—The President shall publish 

the list required by subsection (a)(1) without regard to the requirements of section 222(f) of the Immigration and Nationality 

Act (8 U.S.C. 1202(f)) with respect to confidentiality of records 

pertaining to the issuance or refusal of visas or permits to enter 

the United States. 

(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Appropriations, the Committee on 

Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate; and 

(2) the Committee on Appropriations, the Committee on Financial Services, the Committee on Foreign Affairs, and the 

Committee on the Judiciary of the House of Representatives. 

SEC. 1265. SUNSET. 

(a) IN GENERAL.—The authority to impose sanctions under this 

subtitle shall terminate on the date that is 6 years after the date of 

the enactment of this Act. 

(b) CONTINUATION IN EFFECT OF SANCTIONS.—Sanctions imposed under this subtitle on or before the date specified in subsection (a), and in effect as of such date, shall remain in effect until 

terminated in accordance with the requirements of section 1263(g). 

Subtitle G—Miscellaneous Reports 

SEC. 1271. MODIFICATION OF ANNUAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS INVOLVING THE PEOPLE’S REPUBLIC OF CHINA. 

(a) ANNUAL REPORT.—Subsection (a) of section 1202 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 

106–65; 113 Stat. 781; 10 U.S.C. 113 note) is amended by striking 

‘‘March 1 each year’’ and inserting ‘‘January 31 of each year 

through January 31, 2021’’. 

(b) MATTERS TO BE INCLUDED.—Subsection (b) of such section, 

as most recently amended by section 1252(a) of the Carl Levin and 

Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for 

Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3571), is further 

amended by adding at the end the following: 

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

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

(c) EFFECTIVE DATE.—The amendments made by this section 

take effect on the date of the enactment of this Act and apply with 

respect to reports required to be submitted under subsection (a) of 

section 1202 of the National Defense Authorization Act for Fiscal 

Year 2000 on or after that date. 

SEC. 1272. MONITORING AND EVALUATION OF OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID PROGRAMS OF THE DEPARTMENT OF DEFENSE. 

(a) IN GENERAL.—Of the amounts authorized to be appropriated 

by this Act for Overseas Humanitarian, Disaster, and Civic Aid, the 


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Secretary of Defense is authorized to use up to 5 percent of such 

amounts to conduct monitoring and evaluation of programs that are 

funded using such amounts during fiscal years 2017 and 2018. 

(b) BRIEFING.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on mechanisms to 

evaluate the programs conducted pursuant to the authorities listed 

in subsection (a). 

(c) DEFINITION.—In subsection (b), the term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on Armed Services and the Committee on 

Foreign Relations of the Senate; and 

(2) the Committee on Armed Services and the Committee on 

Foreign Affairs of the House of Representatives. 

SEC. 1273. STRATEGY FOR UNITED STATES DEFENSE INTERESTS IN 

AFRICA. 

(a) REQUIRED REPORT.—Not later than one year after the date 

of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the congressional 

defense committees a report that contains the strategy for United 

States defense interests in Africa. 

(b) MATTERS TO BE INCLUDED.—The report required by subsection (a) shall address the following: 

(1) United States national security interests in Africa, including an assessment of threats to global and regional United 

States national security interests emanating from the continent. 

(2) United States defense objectives in Africa. 

(3) Courses of action to accomplish United States defense 

objectives in Africa, including those conducted in cooperation 

with other Federal agencies. 

(4) Measures to improve coordination between United 

States Africa Command and other combatant commands to 

achieve unity of effort to counter threats that cross combatant 

command boundaries. 

(5) Department of Defense capabilities and resources required to achieve defense objectives in Africa, and the mitigation plan to address any gaps in such capabilities or resources 

that affect the implementation of the strategy required by subsection (a). 

(6) Security cooperation initiatives to advance defense objectives in Africa. 

(7) Any other matters the Secretary of Defense determines 

to be appropriate. 

(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex if 

necessary. 

SEC. 1274. REPORT ON THE POTENTIAL FOR COOPERATION BETWEEN 

THE UNITED STATES AND ISRAEL ON DIRECTED ENERGY 

CAPABILITIES. 

(a) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the potential for cooperative development by the United States and Israel of a directed 

energy capability to defeat ballistic missiles, cruise missiles, unmanned aerial vehicles, mortars, and improvised explosive devices 


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that threaten the United States, deployed forces of the United 

States, or Israel. The report shall include the following: 

(1) An assessment of the technological maturity of United 

States and Israeli directed energy capabilities to defeat adversary threat systems. 

(2) An assessment of the respective military capability gaps 

of each country that such directed energy developments could 

address. 

(3) An assessment of the opportunities for the United States 

and Israel to cooperate to develop directed energy capabilities to 

defeat adversary threat systems, including estimated costs of 

pursuing such opportunities. 

(4) An assessment of whether such opportunities should be 

pursued, including any potential risks from the pursuit of such 

opportunities. 

(5) Any other matters the Secretary considers appropriate. 

(b) FORM.—The report shall be submitted in unclassified form, 

but may include a classified annex. 

(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committee on Armed Services, the Committee on 

Foreign Relations, and the Committee on Appropriations of the 

Senate; and 

(2) the Committee on Armed Services, the Committee on 

Foreign Affairs, and the Committee on Appropriations of the 

House of Representatives. 

SEC. 1275. ANNUAL UPDATE OF DEPARTMENT OF DEFENSE FREEDOM 

OF NAVIGATION REPORT. 

(a) IN GENERAL.—The Secretary of Defense shall submit to the 

Committees on Armed Services of the Senate and the House of Representatives on an annual basis a report setting forth an update of 

the most current Department of Defense Freedom of Navigation Report under the Freedom of Navigation Operations (FONOPS) program. The purpose of each report shall be to document the types and 

locations of excessive claims that the Armed Forces of the United 

States have challenged in the previous year in order to preserve the 

rights, freedoms, and uses of the sea and airspace guaranteed to all 

countries by international law. 

(b) ELEMENTS.—Each report under this section shall include, 

for the year covered by such report, the following: 

(1) Each excessive maritime claim challenged by the United 

States under the program referred to in subsection (a), including the country making each such claim. 

(2) The nature of each claim, including the geographic location or area covered by such claim (including the body of water 

and island grouping, when applicable). 

(3) The specific legal challenge asserted through the program. 

(c) FORM.—Each report under this section shall be submitted in 

unclassified form. 

(d) SUNSET.—No report is required under this section after December 31, 2021. 


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SEC. 1276. ASSESSMENT OF PROLIFERATION OF CERTAIN REMOTELY 

PILOTED AIRCRAFT SYSTEMS. 

(a) REPORT ON ASSESSMENT OF PROLIFERATION OF REMOTELY

PILOTED AIRCRAFT SYSTEMS.—Not later than 6 months after the 

date of the enactment of this Act, the Chairman of the Joint Chiefs 

of Staff shall submit to the congressional defense committees a report setting forth an assessment, obtained by the Chairman for purposes of the report, of the impact to United States national security 

interests of the proliferation of remotely piloted aircraft that are assessed to be ‘‘Category I’’ items under the Missile Technology Control 

Regime (MTCR). 

(b) INDEPENDENT ASSESSMENT.— 

(1) IN GENERAL.—The assessment obtained for purposes of 

subsection (a) shall be conducted by a federally funded research 

and development center (FFRDC), or another appropriate independent entity with expertise in the procurement and operation 

of remotely piloted aircraft, selected by the Chairman for purposes of the assessment. 

(2) USE OF PREVIOUS STUDIES.—The entity conducting the 

assessment may use and incorporate information from previous 

studies on matters appropriate to the assessment. 

(c) ELEMENTS.—The assessment obtained for purposes of subsection (a) shall include the following: 

(1) A qualitative and quantitative assessment of the scope 

and scale of the proliferation of remotely piloted aircraft that 

are ‘‘Category I’’ items under the Missile Technology Control Regime. 

(2) An assessment of the threat posed to United States interests as a result of the proliferation of such aircraft to adversaries. 

(3) An assessment of the impact of the proliferation of such 

aircraft on the combat capabilities of and interoperability with 

partners and allies of the United States. 

(4) An analysis of the degree to which the United States has 

limited the proliferation of such aircraft as a result of the application of a ‘‘strong presumption of denial’’ for exports of such 

aircraft. 

(5) An assessment of the benefits and risks of continuing to 

limit exports of such aircraft. 

(6) Such other matters as the Chairman considers appropriate. 

(d) FORM.—The report under subsection (a) shall be submitted 

in unclassified form, but may include a classified annex. 

Subtitle H—Other Matters 

SEC. 1281. ENHANCEMENT OF INTERAGENCY SUPPORT DURING CONTINGENCY OPERATIONS AND TRANSITION PERIODS. 

(a) AUTHORITY.—The Secretary of Defense and the Secretary of 

State may enter into an agreement under which each Secretary may 

provide covered support, supplies, and services on a reimbursement 

basis, or by exchange of covered support, supplies, and services, to 

the other Secretary during a contingency operation and related transition period for up to 2 years following the end of such contingency 

operation. 


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(b) AGREEMENT.—An agreement entered into under this section 

shall be in writing and shall include the following terms: 

(1) The price charged by a supplying agency shall be the direct costs that such agency incurred by providing the covered 

support, supplies, or services to the requesting agency under 

this section. 

(2) Credits and liabilities of the agencies accrued as a result of acquisitions and transfers of covered support, supplies, 

and services under this section shall be liquidated not less often 

than once every 3 months by direct payment to the agency supplying such support, supplies, or services by the agency receiving such support, supplies, or services. 

(3) Exchange entitlements accrued as a result of acquisitions and transfers of covered support, supplies, and services 

under this section shall be satisfied within 12 months after the 

date of the delivery of the covered support, supplies, or services. 

Exchange entitlements not so satisfied shall be immediately liquidated by direct payment to the agency supplying such covered 

support, supplies, or services. 

(c) EFFECT OF OBLIGATION AND AVAILABILITY OF FUNDS.—An 

order placed by an agency pursuant to an agreement under this section is deemed to be an obligation in the same manner that a similar order placed under a contract with, or a contract for similar 

goods or services awarded to, a private contractor is an obligation. 

Appropriations remain available to pay an obligation to the servicing agency in the same manner as appropriations remain available to pay an obligation to a private contractor. 

(d) DEFINITIONS.—In this section: 

(1) COVERED SUPPORT, SUPPLIES, AND SERVICES.—The term 

‘‘covered support, supplies, and services’’ means food, billeting, 

transportation (including airlift), petroleum, oils, lubricants, 

communications services, medical services, ammunition, base 

operations support, use of facilities, spare parts and components, repair and maintenance services, and calibration services. 

(2) CONTINGENCY OPERATION.—The term ‘‘contingency operation’’ has the meaning given that term in section 101(a)(13) of 

title 10, United States Code. 

(e) CREDITING OF RECEIPTS.—Any receipt as a result of an 

agreement entered into under this section shall be credited, at the 

option of the Secretary of Defense with respect to the Department of 

Defense and the Secretary of State with respect to the Department 

of State, to— 

(1) the appropriation, fund, or account used in incurring 

the obligation; or 

(2) an appropriate appropriation, fund, or account currently available for the purposes for which the expenditures 

were made. 

(f) NOTIFICATION.—Not later than 30 days after the end of a fiscal year in which covered support, supplies, and services are provided or exchanged pursuant to an agreement under this section, 

the Secretary of Defense and the Secretary of State shall jointly submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs 

of the House of Representatives a notification that contains a copy 


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of such agreement and a description of such covered support, supplies, and services. 

SEC. 1282. TWO-YEAR EXTENSION AND MODIFICATION OF AUTHORIZATION OF NON-CONVENTIONAL ASSISTED RECOVERY CAPABILITIES. 

(a) EXTENSION OF AUTHORITY.—Subsection (h) of section 943 of 

the Duncan Hunter National Defense Authorization Act for Fiscal 

Year 2009 (Public Law 110–417; 122 Stat. 4579), as most recently 

amended by section 1271 of the National Defense Authorization Act 

for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1075), is further 

amended by striking ‘‘2018’’ and inserting ‘‘2021’’. 

(b) MODIFICATION TO AUTHORIZED ACTIVITIES.—Subsection (c) 

of such section is amended by inserting ‘‘, or other individuals, as 

determined by the Secretary of Defense, with respect to already established non-conventional assisted recovery capabilities’’ before the 

period at the end of the first sentence. 

SEC. 1283. AUTHORITY TO DESTROY CERTAIN SPECIFIED WORLD WAR 

II-ERA UNITED STATES-ORIGIN CHEMICAL MUNITIONS LOCATED ON SAN JOSE ISLAND, REPUBLIC OF PANAMA. 

(a) AUTHORITY.— 

(1) IN GENERAL.—Subject to subsection (b), the Secretary of 

Defense may destroy the chemical munitions described in subsection (c). 

(2) EX GRATIA ACTION.—The action authorized by this section is ‘‘ex gratia’’ on the part of the United States, as the term 

‘‘ex gratia’’ is used in section 321 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public 

Law 105–261; 10 U.S.C. 2701 note). 

(3) CONSULTATION BETWEEN SECRETARY OF DEFENSE AND

SECRETARY OF STATE.—The Secretary of Defense and the Secretary of State shall consult and develop any arrangements 

with the Republic of Panama with respect to this section. 

(b) CONDITIONS.—The Secretary of Defense may exercise the authority under subsection (a) only if the Republic of Panama has— 

(1) revised the declaration of the Republic of Panama under 

the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their 

Destruction to indicate that the chemical munitions described 

in subsection (c) are ‘‘old chemical weapons’’ rather than ‘‘abandoned chemical weapons’’; and 

(2) affirmed, in writing, that it understands (A) that the 

United States intends only to destroy the munitions described 

in subsections (c) and (d), and (B) that the United States is not 

legally obligated and does not intend to destroy any other munitions, munitions constituents, and associated debris that may 

be located on San Jose Island as a result of research, development, and testing activities conducted on San Jose Island during the period of 1943 through 1947. 

(c) CHEMICAL MUNITIONS.—The chemical munitions described 

in this subsection are the eight United States-origin chemical munitions located on San Jose Island, Republic of Panama, that were 

identified in the 2002 Final Inspection Report of the Technical Secretariat of the Organization for the Prohibition of Chemical Weapons. 


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(d) LIMITED INCIDENTAL AUTHORITY TO DESTROY OTHER MUNI- TIONS.—In exercising the authority under subsection (a), the Secretary of Defense may destroy other munitions located on San Jose 

Island, Republic of Panama, but only to the extent essential and required to reach and destroy the chemical munitions described in 

subsection (c). 

(e) SOURCE OF FUNDS.—Of the amounts authorized to be appropriated by this Act, the Secretary of Defense may use up to 

$30,000,000 from amounts made available for Chemical Agents and 

Munitions Destruction, Defense to carry out the authority in subsection (a). 

(f) SUNSET.—The authority under subsection (a) shall terminate 

on the date that is 3 years after the date of the enactment of this 

Act. 

SEC. 1284. SENSE OF CONGRESS ON MILITARY EXCHANGES BETWEEN 

THE UNITED STATES AND TAIWAN. 

(a) MILITARY EXCHANGES BETWEEN SENIOR OFFICERS AND OF- FICIALS OF THE UNITED STATES AND TAIWAN.—The Secretary of Defense should carry out a program of exchanges of senior military officers and senior officials between the United States and Taiwan designed to improve military to military relations between the United 

States and Taiwan. 

(b) EXCHANGES DESCRIBED.—For the purposes of this section, 

an exchange is an activity, exercise, event, or observation opportunity between members of the Armed Forces and officials of the Department of Defense, on the one hand, and armed forces personnel 

and officials of Taiwan, on the other hand. 

(c) FOCUS OF EXCHANGES.—The exchanges under the program 

described in subsection (a) should include exchanges focused on the 

following: 

(1) Threat analysis. 

(2) Military doctrine. 

(3) Force planning. 

(4) Logistical support. 

(5) Intelligence collection and analysis. 

(6) Operational tactics, techniques, and procedures. 

(7) Humanitarian assistance and disaster relief. 

(d) CIVIL-MILITARY AFFAIRS.—The exchanges under the program described in subsection (a) should include activities and exercises focused on civil-military relations, including parliamentary relations. 

(e) LOCATION OF EXCHANGES.—The exchanges under the program described in subsection (a) should be conducted in both the 

United States and Taiwan. 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘senior military officer’’, with respect to the 

Armed Forces, means a general or flag officer of the Armed 

Forces on active duty. 

(2) The term ‘‘senior official’’, with respect to the Department of Defense, means a civilian official of the Department of 

Defense at the level of Assistant Secretary of Defense or above. 

SEC. 1285. LIMITATION ON AVAILABILITY OF FUNDS TO IMPLEMENT 

THE ARMS TRADE TREATY. 

(a) IN GENERAL.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 


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for the Department of Defense may be obligated or expended to implement the Arms Trade Treaty, or to make any change to existing 

programs, projects, or activities as approved by Congress in furtherance of, pursuant to, or otherwise to implement the Arms Trade 

Treaty, unless the Arms Trade Treaty has received the advice and 

consent of the Senate and has been the subject of implementing legislation, as required, by Congress. 

(b) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to preclude the Department of Defense from assisting foreign countries in bringing their laws and regulations up to United 

States standards. 

SEC. 1286. PROHIBITION ON USE OF FUNDS TO INVITE, ASSIST, OR 

OTHERWISE ASSURE THE PARTICIPATION OF CUBA IN 

CERTAIN JOINT OR MULTILATERAL EXERCISES. 

(a) PROHIBITION.—The Secretary of Defense may not use any 

funds authorized to be appropriated or otherwise made available for 

fiscal year 2017 for the Department of Defense to invite, assist, or 

otherwise assure the participation of the Government of Cuba in any 

joint or multilateral exercise or related security conference between 

the Governments of the United States and Cuba until the Secretary 

of Defense and the Secretary of State, in consultation with the Director of National Intelligence, certify to the appropriate congressional committees that— 

(1) the Cuban military has ceased committing human 

rights abuses against civil rights activists and other citizens of 

Cuba; 

(2) the Cuban military has ceased providing military intelligence, weapons training, strategic planning, and security logistics to the military and security forces of Venezuela; 

(3) the Cuban military and other security forces in Cuba 

have ceased all persecution, intimidation, arrest, imprisonment, 

and assassination of dissidents and members of faith-based organizations; 

(4) the Government of Cuba no longer demands that the 

United States relinquish control of Guantanamo Bay, in violation of an international treaty; and 

(5) the officials of the Cuban military that were indicted in 

the murder of United States citizens during the shootdown of 

planes operated by the Brothers to the Rescue humanitarian organization in 1996 are brought to justice. 

(b) EXCEPTIONS.—The prohibition in subsection (a) shall not 

apply with respect to— 

(1) payments in furtherance of the lease agreement, or other 

financial transactions necessary for maintenance and improvements of the military base at Guantanamo Bay, Cuba, including any adjacent areas under the control or possession of the 

United States; 

(2) assistance or support in furtherance of democracy-building efforts for Cuba described in section 109 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 

U.S.C. 6039); 

(3) customary and routine financial transactions necessary 

for the maintenance, improvements, or regular duties of the 

United States mission in Havana, including outreach to the 

pro-democracy opposition; or 


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(4) any joint or multilateral exercise or operation related to 

humanitarian assistance or disaster response. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Armed Services and the Committee on 

Foreign Relations of the Senate; and 

(2) the Committee on Armed Services and the Committee on 

Foreign Affairs of the House of Representatives. 

SEC. 1287. GLOBAL ENGAGEMENT CENTER. 

(a) ESTABLISHMENT.— 

(1) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of State, in coordination 

with the Secretary of Defense and the heads of other relevant 

Federal departments and agencies, shall establish within the 

Department of State a Global Engagement Center (in this section referred to as the ‘‘Center’’). 

(2) PURPOSE.—The purpose of the Center shall be to lead, 

synchronize, and coordinate efforts of the Federal Government 

to recognize, understand, expose, and counter foreign state and 

non-state propaganda and disinformation efforts aimed at undermining United States national security interests. 

(b) FUNCTIONS.—The Center shall carry out the following functions: 

(1) Integrate interagency and international efforts to track 

and evaluate counterfactual narratives abroad that threaten the 

national security interests of the United States and United 

States allies and partner nations. 

(2) Analyze relevant information, data, analysis, and analytics from United States Government agencies, United States 

allies and partner nations, think tanks, academic institutions, 

civil society groups, and other nongovernmental organizations. 

(3) As needed, support the development and dissemination 

of fact-based narratives and analysis to counter propaganda 

and disinformation directed at the United States and United 

States allies and partner nations. 

(4) Identify current and emerging trends in foreign propaganda and disinformation in order to coordinate and shape the 

development of tactics, techniques, and procedures to expose 

and refute foreign misinformation and disinformation and 

proactively promote fact-based narratives and policies to audiences outside the United States. 

(5) Facilitate the use of a wide range of technologies and 

techniques by sharing expertise among Federal departments 

and agencies, seeking expertise from external sources, and implementing best practices. 

(6) Identify gaps in United States capabilities in areas relevant to the purpose of the Center and recommend necessary enhancements or changes. 

(7) Identify the countries and populations most susceptible 

to propaganda and disinformation based on information provided by appropriate interagency entities. 

(8) Administer the information access fund established pursuant to subsection (f). 


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(9) Coordinate with United States allies and partner nations in order to amplify the Center’s efforts and avoid duplication. 

(10) Maintain, collect, use, and disseminate records (as 

such term is defined in section 552a(a)(4) of title 5, United 

States Code) for research and data analysis of foreign state and 

non-state propaganda and disinformation efforts and communications related to public diplomacy efforts intended for foreign audiences. Such research and data analysis shall be reasonably tailored to meet the purposes of this paragraph and 

shall be carried out with due regard for privacy and civil liberties guidance and oversight. 

(c) HEAD OF CENTER.— 

(1) APPOINTMENT.—The head of the Center shall be an individual who is an official of the Federal Government, who 

shall be appointed by the President. 

(2) COMPLIANCE WITH PRIVACY AND CIVIL LIBERTIES LAWS.— 

The President shall designate a senior official to develop guidance for the Center relating to relevant privacy and civil liberties laws and to ensure compliance with such guidance. 

(d) EMPLOYEES OF THE CENTER.— (1) DETAILEES.—Any Federal Government employee may be 

detailed to the Center without reimbursement, and such detail 

shall be without interruption or loss of civil service status or 

privilege for a period of not more than 3 years. 

(2) PERSONAL SERVICE CONTRACTORS.—The Secretary of 

State may hire United States citizens or aliens as personal services contractors for purposes of personnel resources of the Center, if— 

(A) the Secretary determines that existing personnel resources are insufficient; 

(B) the period in which services are provided by a personal services contractor, including options, does not exceed 

3 years, unless the Secretary determines that exceptional 

circumstances justify an extension of up to one additional 

year; 

(C) not more than 50 United States citizens or aliens 

are employed as personal services contractors under the authority of this paragraph at any time; and 

(D) the authority of this paragraph is only used to obtain specialized skills or experience or to respond to urgent 

needs. 

(e) TRANSFER OF AMOUNTS AUTHORIZED.— 

(1) IN GENERAL.—If amounts authorized to be appropriated 

or otherwise made available to carry out the functions of the 

Center— 

(A) for fiscal year 2017 are less than $80,000,000, the 

Secretary of Defense is authorized to transfer, from 

amounts authorized to be appropriated by this Act for the 

Department of Defense for fiscal year 2017, to the Secretary 

of State an amount, not to exceed $60,000,000, to be available to carry out the functions of the Center for fiscal year 

2017; and 

(B) for fiscal year 2018 are less than $80,000,000, the 

Secretary of Defense is authorized to transfer, from 


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amounts authorized to be appropriated by an Act authorizing funds for the Department of Defense for fiscal year 

2018, to the Secretary of State an amount, not to exceed 

$60,000,000, to be available to carry out the functions of 

the Center for fiscal year 2018. 

(2) NOTICE REQUIREMENT.—The Secretary of Defense shall 

notify the congressional defense committees of a proposed transfer under paragraph (1) not less than 15 days prior to making 

such transfer. 

(3) INAPPLICABILITY OF REPROGRAMMING REQUIREMENTS.— 

The authority to transfer amounts under paragraph (1) shall 

not be subject to any reprogramming requirement under any 

other provision of law. 

(f) INFORMATION ACCESS FUND.— 

(1) AUTHORITY FOR GRANTS.—The Center is authorized to 

provide grants or contracts of financial support to civil society 

groups, media content providers, nongovernmental organizations, federally funded research and development centers, private companies, or academic institutions for the following purposes: 

(A) To support local independent media who are best 

placed to refute foreign disinformation and manipulation 

in their own communities. 

(B) To collect and store examples in print, online, and 

social media, disinformation, misinformation, and propaganda directed at the United States and its allies and partners. 

(C) To analyze and report on tactics, techniques, and 

procedures of foreign information warfare with respect to 

disinformation, misinformation, and propaganda. 

(D) To support efforts by the Center to counter efforts 

by foreign entities to use disinformation, misinformation, 

and propaganda to influence the policies and social and political stability of the United States and United States allies and partner nations. 

(2) FUNDING AVAILABILITY AND LIMITATIONS.—The Secretary of State shall provide that each organization that applies 

to receive funds under this subsection is selected in accordance 

with the relevant existing regulations to ensure its bona fides, 

capability, and experience, and its compatibility with United 

States interests and objectives. 

(g) REPORTS.— 

(1) IN GENERAL.—Not later than one year after the date on 

which the Center is established, the Secretary of State shall 

submit to the appropriate congressional committees a report 

evaluating the success of the Center in carrying out its functions 

under subsection (b) and outlining steps to improve any areas 

of deficiency. 

(2) DEFINITION.—In this subsection, the term ‘‘appropriate 

congressional committees’’ means— 

(A) the Committee on Foreign Relations, the Committee 

on Armed Services, the Committee on Homeland Security 

and Governmental Affairs, and the Committee on Appropriations of the Senate; and 


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(B) the Committee on Foreign Affairs, the Committee 

on Armed Services, the Committee on Homeland Security, 

and the Committee on Appropriations of the House of Representatives. 

(h) LIMITATION.—None of the funds authorized to be appropriated or otherwise made available to carry out this section shall 

be used for purposes other than countering foreign propaganda and 

misinformation that threatens United States national security. 

(i) TERMINATION.—The Center shall terminate on the date that 

is 8 years after the date of the enactment of this Act. 

SEC. 1288. MODIFICATION OF UNITED STATES INTERNATIONAL 

BROADCASTING ACT OF 1994. 

The United States International Broadcasting Act of 1994 (22 

U.S.C. 6201 et seq.; Public Law 103–236) is amended— 

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

‘‘SEC. 304. ESTABLISHMENT OF THE CHIEF EXECUTIVE OFFICER OF 

THE BROADCASTING BOARD OF GOVERNORS. 

‘‘(a) CONTINUED EXISTENCE WITHIN EXECUTIVE BRANCH.—The 

Broadcasting Board of Governors shall continue to exist within the 

Executive branch of Government as an entity described in section 

104 of title 5, United States Code. 

‘‘(b) CHIEF EXECUTIVE OFFICER.— 

‘‘(1) IN GENERAL.—The head of the Broadcasting Board of 

Governors shall be a Chief Executive Officer, who shall be appointed by the President, by and with the advice and consent 

of the Senate. Notwithstanding any other provision of law, until 

such time as a Chief Executive Officer is appointed and has 

qualified, the current or acting Chief Executive Officer appointed by the Board may continue to serve and exercise the authorities and powers under this Act. 

‘‘(2) TERM.—The first Chief Executive Officer appointed 

pursuant to paragraph (1) shall serve for an initial term of 

three years. 

‘‘(3) COMPENSATION.—A Chief Executive Officer appointed 

pursuant to paragraph (1) shall be compensated at the annual 

rate of basic pay for level III of the Executive Schedule under 

section 5314 of title 5, United States Code. 

‘‘(c) TERMINATION OF DIRECTOR OF INTERNATIONAL BROADCASTING BUREAU.—Effective on the date of the enactment of this section, the position of the Director of the International Broadcasting 

Bureau shall be terminated, and all of the responsibilities, offices, 

authorities, and immunities of the Director or the Board under this 

or any other Act or authority before such date of enactment shall be 

transferred or available to, assumed by, or overseen by the Chief Executive Officer, as head of the Board. 

‘‘(d) IMMUNITY FROM CIVIL LIABILITY.—Notwithstanding any 

other provision of law, all limitations on liability that apply to the 

Chief Executive Officer shall also apply to members of the boards 

of directors of RFE/RL, Inc., Radio Free Asia, the Middle East 

Broadcasting Networks, or any organization that consolidates such 

entities when such members are acting in their official capacities.’’; 

(2) in section 305 (22 U.S.C. 6204)— 

(A) in subsection (a)— 


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(i) by striking ‘‘Board’’ each place it appears and 

inserting ‘‘Chief Executive Officer’’; 

(ii) in paragraph (1), by inserting ‘‘direct and’’ before ‘‘supervise’’; 

(iii) in paragraph (5)— 

(I) by inserting ‘‘and cooperative agreements’’ 

after ‘‘grants’’; and 

(II) by striking ‘‘in accordance with sections 

308 and 309’’ and inserting ‘‘in furtherance of the 

purposes of this Act and on behalf of other agencies, accordingly’’; 

(iv) in paragraph (6)— 

(I) by striking ‘‘International Broadcasting Bureau’’ and inserting ‘‘Board’’; and 

(II) by striking ‘‘subject to the limitations in 

sections 308 and 309 and’’; 

(v) in paragraph (10)— 

(I) by inserting ‘‘, rent, or lease’’ after ‘‘procure’’; and 

(II) by striking ‘‘personal property’’ and inserting ‘‘property for journalism, media, production, 

and broadcasting, and related support services, 

notwithstanding any other provision of law relating to such acquisition, rental, or lease, and under 

the same terms and conditions as authorized 

under section 501(b) of the United States Information and Educational Exchange Act of 1948 (22 

U.S.C. 1461(b)), and for multiyear contracts and 

leases for periods of up to 20 years subject to the 

requirements of subsections (b) through (f) of section 3903 of title 41, United States Code’’; 

(vi) in paragraph (11)— 

(I) by striking ‘‘staff’’; 

(II) by striking ‘‘as the Board’’ and inserting 

‘‘as the Chief Executive Officer’’; and 

(III) by striking ‘‘subject’’ and inserting ‘‘which 

shall not be subject’’; 

(vii) in paragraph (13)— 

(I) by striking ‘‘Bureau’’ and inserting ‘‘Board’’; 

and 

(II) by striking ‘‘Board has taken’’ and inserting ‘‘Chief Executive Officer has taken’’; 

(viii) in paragraph (14)— 

(I) by inserting ‘‘transmission or’’ before 

‘‘relay’’; and 

(II) by inserting ‘‘or any other grantee authorized under this Act’’ after ‘‘Radio Free Asia’’; 

(ix) in paragraph (15)(A), by striking— 

(I) ‘‘temporary and intermittent’’; and 

(II) ‘‘to the same extent as is authorized by section 3109 of title 5, United States Code,’’; 

(x) in paragraph (16), by striking ‘‘Board determines’’ and inserting ‘‘Chief Executive Officer determines’’; 


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(xi) in paragraph (18), by striking ‘‘the Bureau’’ 

and inserting ‘‘the Chief Executive Officer’’; and 

(xii) by adding at the end the following new paragraphs: 

‘‘(20) Notwithstanding any other provision of law, including section 308(a), to condition, if appropriate, any grant or cooperative agreement to RFE/RL, Inc., Radio Free Asia, or the 

Middle East Broadcasting Networks, or any organization that 

is established through the consolidation of such entities, on authority to determine membership of their respective boards, and 

the consolidation of such grantee entities into a single grantee 

organization under terms and conditions established by the 

Board. 

‘‘(21) To redirect or reprogram funds within the scope of 

any grant or cooperative agreement, or between grantees, as 

necessary (and not later than 15 days before any such redirection of funds between language services, to notify the Committee 

on Appropriations and the Committee on Foreign Affairs of the 

House of Representatives and the Committee on Appropriations 

and the Committee on Foreign Relations of the Senate regarding such redirection), and to condition grants or cooperative 

agreements, if appropriate, on such grants or cooperative agreements or any similar amendments as authorized under section 

308(a), including authority to name and replace the board of 

any grantee authorized under this Act, including with Federal 

officials, to meet the purposes of this Act. 

‘‘(22) To change the name of the Board pursuant to congressional notification 60 days prior to any such change.’’; 

(B) by striking subsections (b) and (c); and 

(C) by redesignating subsection (d) as subsection (b); 

and 

(D) in subsection (b) (as so redesignated)— 

(i) by striking ‘‘and the Board’’ and inserting ‘‘and 

the Chief Executive Officer’’; and 

(ii) by striking ‘‘International Broadcasting Bureau’’ and inserting ‘‘Board’’; 

(3) by amending section 306 (22 U.S.C. 6205) to read as follows: 

‘‘SEC. 306. ESTABLISHMENT OF THE INTERNATIONAL BROADCASTING 

ADVISORY BOARD. 

‘‘(a) IN GENERAL.—Except as provided in subsection (b)(2), the 

International Broadcasting Advisory Board (referred to in this section as the ‘Advisory Board’) shall consist of five members, including the Secretary of State, appointed by the President and in accordance with subsection (d), to advise the Chief Executive Officer of the 

Broadcasting Board of Governors, as appropriate. 

‘‘(b) RETENTION OF EXISTING BBG BOARD MEMBERS.— 

‘‘(1) IN GENERAL.—The presidentially appointed and Senate-confirmed members of the Board of the Broadcasting Board 

of Governors who are serving on unexpired terms as of the date 

of the enactment of this section shall— 

‘‘(A) constitute the first Advisory Board; and 

‘‘(B) hold office for the remainder of their original 

terms of office without reappointment to the Advisory 

Board. 


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‘‘(2) EFFECT OF ADDITIONAL MEMBERS.—If, on the date of 

the enactment of this section, more than five members described 

in subsection (a) are serving their original terms of office on the 

Broadcasting Board of Governors, each such member may serve 

on the Advisory Board for a period equal to the time remaining 

on each such member’s respective term without reappointment. 

‘‘(c) TERMS OF OFFICE.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the 

term of office of each member of the Advisory Board appointed 

pursuant to subsection (a) shall be three years. 

‘‘(2) VACANCIES.—If a vacancy on the Advisory Board occurs before the expiration of the term of the member who created such vacancy— 

‘‘(A) the President shall appoint a new member to fill 

such vacancy in accordance with subsection (d); and 

‘‘(B) the member appointed pursuant to such subsection 

shall serve for the remainder of such term. 

‘‘(3) SERVICE BEYOND TERM PROHIBITED.—Members may 

not serve beyond the term for which they were appointed. 

‘‘(d) SELECTION OF THE BOARD.—In identifying individuals for 

appointment to the Advisory Board under subsection (a), the President shall appoint United States citizens— 

‘‘(1) who, with the exception of the Secretary of State, are 

not regular, full-time employees of the United States Government; and 

‘‘(2) distinguished in the fields of public diplomacy, mass 

communications, print, broadcast or digital media, or foreign 

affairs, of whom— 

‘‘(A) one individual should be appointed from among a 

list of at least three individuals submitted by the Chair of 

the Committee on Foreign Affairs of the House of Representatives; 

‘‘(B) one individual should be appointed from among a 

list of at least three individuals submitted by the Ranking 

Member of the Committee on Foreign Affairs of the House 

of Representatives; 

‘‘(C) one individual should be appointed from among a 

list of at least three individuals submitted by the Chair of 

the Committee on Foreign Relations of the Senate; and 

‘‘(D) one individual should be appointed from among a 

list of at least three individuals submitted by the Ranking 

Member of the Committee on Foreign Relations of the Senate. 

‘‘(e) FUNCTIONS OF THE BOARD.—The members of the Advisory 

Board shall perform the following advisory functions: 

‘‘(1) To provide the Chief Executive Officer of the Broadcasting Board of Governors with counsel and recommendations 

for improving the effectiveness and efficiency of the agency and 

its programming. 

‘‘(2) To meet with the Chief Executive Officer at least twice 

annually and at additional meetings at the request of the Chief 

Executive Officer. 

‘‘(3) To report periodically or upon request to the congressional committees specified in subsection (d)(2) regarding its 

counsel and recommendations for improving the effectiveness 


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and efficiency of the Broadcasting Board of Governors and its 

programming. 

‘‘(4) To obtain information from the Chief Executive Officer, 

as needed, for the purposes of fulfilling the functions described 

in this subsection. 

‘‘(f) COMPENSATION.—Members of the Advisory Board, including 

the Secretary of State, may not receive any fee, salary, or remuneration of any kind for their service as members.’’; 

(4) by striking section 307 (22 U.S.C. 6206); 

(5) in section 308 (22 U.S.C. 6207)— 

(A) in subsection (a)(1), by striking ‘‘of the Broadcasting Board of Governors established under section 304 

and no other members’’ and inserting ‘‘authorized under 

section 305(a)(20)’’; 

(B) by amending subsection (d) to read as follows: 

‘‘(d) ALTERNATIVE GRANTEE.—If the Chief Executive Officer determines at any time that RFE/RL, Incorporated is not carrying out 

the functions described in this section in an effective and economical 

manner, the Board may award the grant to carry out such functions 

to another entity.’’; and 

(C) in subsection (g)(4)— 

(i) by striking ‘‘International Broadcasting Bureau’’ and inserting ‘‘any other grantee of the Board’’; 

and 

(ii) by striking ‘‘by the Board’’ and inserting ‘‘by 

the Chief Executive Officer’’; and 

(D) in subsection (i), by striking ‘‘(1) Effective’’ and inserting ‘‘Effective’’; 

(6) in section 309 (22 U.S.C. 6208)— 

(A) in subsection (f)(2), by striking ‘‘Chairman of the 

Board’’ and inserting ‘‘Chief Executive Officer of the 

Board’’; 

(B) by redesignating subsection (g) as subsection (h); 

and 

(C) by inserting after subsection (f) the following new 

subsection: 

‘‘(g) ALTERNATIVE GRANTEE.—If the Chief Executive Officer determines at any time that Radio Free Asia is not carrying out the 

functions described in this section in an effective and economical 

manner, the Board may award the grant to carry out such functions 

to another entity.’’; 

(7) by inserting after section 309 (22 U.S.C. 6208) the following new sections: 

‘‘SEC. 310. BROADCAST ENTITIES REPORTING TO CHIEF EXECUTIVE 

OFFICER. 

‘‘(a) CONSOLIDATION OF GRANTEE ORGANIZATIONS.— 

‘‘(1) IN GENERAL.—The Chief Executive Officer, subject to 

the regular notification procedures of the Committee on Appropriations and the Committee on Foreign Affairs of the House of 

Representatives and the Committee on Appropriations and the 

Committee on Foreign Relations of the Senate, who is authorized to incorporate a grantee, may condition annual grants to 

RFE/RL, Inc., Radio Free Asia, and the Middle East Broadcasting Networks on the consolidation of such grantees into a 

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ance with section 501(c)(3) of the Internal Revenue Code and exempt from tax under section 501(a) of such Code), in such a 

manner and under such terms and conditions as determined by 

the Chief Executive Officer, which may broadcast and provide 

news and information to audiences wherever the agency may 

broadcast, for activities that the Chief Executive Officer determines are consistent with the purposes of this Act, including the 

terms and conditions of subsections (g)(5), (h), (i), and (j) of section 308, except that the Agency may select any name for such 

a consolidated grantee. 

‘‘(2) SPECIAL RULE.—No State or political subdivision of a 

State may establish, enforce, or continue in effect any provision 

of law or legal requirement that is different from, or is in conflict with, any requirement or authority applicable under this 

Act relating to the consolidation, incorporation, structure, or 

dissolution of any grantee under this Act. 

‘‘(b) MISSION.—The consolidated grantee established under subsection (a) shall— 

‘‘(1) counter state-sponsored propaganda which undermines 

the national security or foreign policy interests of the United 

States and its allies; 

‘‘(2) provide uncensored local and regional news and analysis to people in societies where a robust, indigenous, independent, and free media does not exist; 

‘‘(3) help countries improve their indigenous capacity to enhance media professionalism and independence, and develop 

partnerships with local media outlets, as appropriate; and 

‘‘(4) promote unrestricted access to uncensored sources of information, especially via the internet, and use all effective and 

efficient mediums of communication to reach target audiences. 

‘‘(c) FEDERAL STATUS.—Nothing in this or any other Act, or any 

action taken pursuant to this or any other Act, may be construed to 

make such a consolidated grantee described in subsection (a) or 

RFE/RL, Inc., Radio Free Asia, or the Middle East Broadcasting 

Networks or any other grantee or entity provided funding by the 

agency a Federal agency or instrumentality. Employees or staff of 

such grantees or entities may not be Federal employees. For purposes of this section and this Act, the term ‘grant’ includes agreements under section 6305 of title 31, United States Code, and the 

term ‘grantee’ includes recipients of such agreements. 

‘‘(d) LEADERSHIP OF GRANTEE ORGANIZATIONS.—Officers and 

directors of RFE/RL Inc., Radio Free Asia, and the Middle East 

Broadcasting Networks or any organization that is established 

through the consolidation of such entities, or authorized under this 

Act, shall serve at the pleasure of and may be named by the Chief 

Executive Officer of the Board. 

‘‘(e) MAINTENANCE OF THE EXISTING INDIVIDUAL GRANTEE

BRANDS.—RFE/RL, Incorporated, Radio Free Asia, and the Middle 

East Broadcasting Networks, Incorporated should remain brand 

names under which news and related programming and content 

may be disseminated by the consolidated grantee. Additional brands 

may be created as necessary. 

‘‘SEC. 310A. INSPECTOR GENERAL AUTHORITIES. 

‘‘(a) IN GENERAL.—The Inspector General of the Department of 

State and the Foreign Service shall exercise the same authorities 


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with respect to the Broadcasting Board of Governors as the Inspector General exercises under the Inspector General Act of 1978 and 

section 209 of the Foreign Service Act of 1980 (22 U.S.C. 3929) with 

respect to the Department of State. 

‘‘(b) RESPECT FOR JOURNALISTIC INTEGRITY OF BROADCASTERS.—The Inspector General of the Department of State and 

the Foreign Service shall respect the journalistic integrity of all the 

broadcasters covered by this Act and may not evaluate the philosophical or political perspectives reflected in the content of broadcasts. 

‘‘SEC. 310B. ROLE OF THE SECRETARY OF STATE IN FOREIGN POLICY 

GUIDANCE. 

‘‘To assist the Board in carrying out its functions, the Chief Executive Officer shall regularly consult with and seek from the Secretary of State guidance on foreign policy issues.’’; and 

(8) in section 314 (22 U.S.C. 6213)— 

(A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and 

(B) by inserting after paragraph (1) the following new 

paragraph: 

‘‘(4) the terms ‘Board’ and ‘Chief Executive Officer of the 

Board’ mean the Broadcasting Board of Governors and the position, respectively, authorized in accordance with this Act;’’. 

SEC. 1289. REDESIGNATION OF SOUTH CHINA SEA INITIATIVE. 

(a) REDESIGNATION AS SOUTHEAST ASIA MARITIME SECURITY

INITIATIVE.—Subsection (a)(2) of section 1263 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 

129 Stat. 1073; 10 U.S.C. 2282 note) is amended by striking ‘‘the 

‘South China Sea Initiative’ ’’ and inserting ‘‘the ‘Southeast Asia 

Maritime Security Initiative’ ’’. 

(b) CONFORMING AMENDMENT.—The heading of such section is 

amended to read as follows: 

‘‘SEC. 1263. SOUTHEAST ASIA MARITIME SECURITY INITIATIVE.’’. 

SEC. 1290. MEASURES AGAINST PERSONS INVOLVED IN ACTIVITIES 

THAT VIOLATE ARMS CONTROL TREATIES OR AGREEMENTS WITH THE UNITED STATES. 

(a) REPORTS ON PERSONS THAT VIOLATE TREATIES OR AGREEMENTS.— 

(1) IN GENERAL.—Not later than 30 days after the submittal to Congress of an annual report on the status of United 

States policy and actions with respect to arms control, nonproliferation, and disarmament pursuant to section 403 of the 

Arms Control and Disarmament Act (22 U.S.C. 2593a), the Secretary of the Treasury shall submit to the appropriate congressional committees a report, consistent with the protection of intelligence sources and methods, identifying every person with 

respect to whom there is credible information indicating that— 

(A) the person— 

(i)(I) is an individual who is a citizen, national, or 

permanent resident of a country described in paragraph (2); or 

(II) is an entity organized under the laws of a 

country described in paragraph (2); and 


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(ii) has engaged in any activity that contributed to 

or is a significant factor in the President’s or the Secretary of State’s determination that such country is not 

in full compliance with its obligations as further described in paragraph (2); or 

(B) the person has provided material support for such 

non-compliance to a person described in subparagraph (A). 

(2) COUNTRY DESCRIBED.—A country described in this 

paragraph is a country (other than a country described in paragraph (3)) that the President or the Secretary of State has determined, in the most recent annual report described in paragraph 

(1), to be not in full compliance with its obligations undertaken 

in all arms control, nonproliferation, and disarmament agreements or commitments to which the United States is a participating state. 

(3) EXCLUDED COUNTRIES.—The following countries are not 

described for purposes of paragraph (2): 

(A) The United States. 

(B) Any country determined by the Director of National 

Intelligence to be closely cooperating in intelligence matters 

with the United States in the period covered by the most recent annual report described in paragraph (1), regardless of 

the extent of the compliance of such country with the obligations described in paragraph (2) during such period. 

(b) IMPOSITION OF MEASURES.—Except as provided in subsections (d), (e), and (f), the President shall impose the measures described in subsection (c) with respect to each person identified in a 

report under subsection (a). 

(c) MEASURES DESCRIBED.— 

(1) IN GENERAL.—The measures to be imposed with respect 

to a person under subsection (b) are the head of any executive 

agency (as defined in section 133 of title 41, United States 

Code) may not enter into, renew, or extend a contract for the 

procurement of goods or services with the person. 

(2) EXCEPTION FOR MAJOR ROUTES OF SUPPLY.—The requirement to impose measures under paragraph (1) shall not 

apply with respect to any contract for the procurement of goods 

or services along a major route of supply to a zone of active 

combat or major contingency operation. 

(3) REQUIREMENT TO REVISE REGULATIONS.— 

(A) IN GENERAL.—Not later than 90 days after the date 

of the enactment of this Act, the Federal Acquisition Regulation, the Defense Federal Acquisition Regulation Supplement, and the Uniform Administrative Requirements, Cost 

Principles, and Audit Requirements for Federal Awards 

shall be revised to implement paragraph (1). 

(B) CERTIFICATIONS.—The revisions to the Federal Acquisition Regulation under subparagraph (A) shall include 

a requirement for a certification from each person that is 

a prospective contractor that the person, and any person 

owned or controlled by the person, does not engage in any 

activity described in subsection (a)(1)(A)(ii). 

(C) REMEDIES.—If the head of an executive agency determines that a person has submitted a false certification 

under subparagraph (B) on or after the date on which the 


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applicable revision of the Federal Acquisition Regulation 

required by this paragraph becomes effective— 

(i) the head of that executive agency shall terminate a contract with such person or debar or suspend 

such person from eligibility for Federal contracts for a 

period of not less than 2 years; 

(ii) any such debarment or suspension shall be 

subject to the procedures that apply to debarment and 

suspension under the Federal Acquisition Regulation 

under subpart 9.4 of part 9 of title 48, Code of Federal 

Regulations; and 

(iii) the Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained 

by the Administrator under part 9 of the Federal Acquisition Regulation each person that is debarred, suspended, or proposed for debarment or suspension by 

the head of an executive agency on the basis of a determination of a false certification under subparagraph 

(B). 

(d) WAIVER FOR LACK OF KNOWING VIOLATION.— (1) IN GENERAL.—The President may waive the application 

of measures on a case-by-case basis under subsection (b) with 

respect to a person if the President— 

(A) determines that— 

(i)(I) in the case of a person described in subsection 

(a)(1)(A), the person did not knowingly engage in any 

activity described in such subsection; 

(II) in the case of a person described in subsection 

(a)(1)(B), the person conducted or facilitated a transaction or transactions with, or provided financial services to, a person described in subsection (a)(1)(A) that 

did not knowingly engage in any activity described in 

such subsection; and 

(III) in the case of a person described in subsection 

(a)(1)(A) or (a)(1)(B), the person has terminated the activity for which otherwise covered by such subsection or 

has provided verifiable assurances that the person will 

terminate such activity; and 

(ii) the waiver is in the national security interest of 

the United States; and 

(B) submits to the appropriate congressional committees a report on the determination and the reasons for the 

determination. 

(2) FORM OF REPORT.—The report required by paragraph 

(1)(B) shall be submitted in unclassified form, but may include 

a classified annex. 

(e) WAIVER TO PREVENT DISCLOSURE OF INTELLIGENCE

SOURCES AND METHODS.—The President may waive the application 

of measures on a case-by-case basis under subsection (b) with respect to a person if the President— 

(1) determines that the waiver is necessary to prevent the 

disclosure of intelligence sources or methods; and 

(2) submits to the appropriate congressional committees a 

report, consistent with the protection of intelligence sources and 


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methods, on the determination and the reasons for the determination. 

(f) TIMING OF IMPOSITION.— (1) IN GENERAL.—Except as provided in paragraph (2), the 

President shall immediately impose measures under subsection 

(b) against a person described in subsection (a)(1) upon the submittal to Congress of the report identifying the person pursuant 

to subsection (a)(1) unless the President determines and certifies 

to the appropriate congressional committees that the government of the country concerned has taken specific and effective 

actions, including, as appropriate, the imposition of appropriate 

penalties, to terminate the involvement of the person in the activities that resulted in the identification of the person in the report. 

(2) DELAY.— 

(A) IN GENERAL.—The President may delay the imposition of measures against a person for up to 120 days after 

the date of the submittal to Congress of the report identifying the person pursuant to subsection (a)(1) if the President initiates consultations with the government concerned 

with respect to the taking of actions described in paragraph 

(1). 

(B) ADDITIONAL DELAY.—The President may delay the 

imposition of measures for up to an additional 120 days 

after the delay authorized by subparagraph (A) if the President determines and certifies to the appropriate congressional committees that the government concerned is in the 

process of taking the actions described in paragraph (1). 

(3) REPORT.—Not later than 60 days after the submittal to 

Congress of the report identifying a person pursuant to subsection (a)(1), the President shall submit to the appropriate congressional committees a report on the status of consultations, if 

any, with the government concerned under this subsection, and 

the basis for any determination under paragraph (1). 

(g) TERMINATION.— (1) TERMINATION THROUGH COMPLIANCE OF COUNTRY WITH

ARMS CONTROL AND OTHER AGREEMENTS.—The measures imposed with respect to a person under subsection (b) shall terminate on the date on which the President submits to Congress a 

subsequent annual report pursuant to section 403 of the Arms 

Control and Disarmament Act that does not contain a determination of the President that the country described in subsection (a)(2) with respect to which the measures were imposed 

with respect to the person is a country that is not in full compliance with its obligations undertaken in all arms control, nonproliferation, and disarmament agreements or commitments to 

which the United States is a participating state. 

(2) TERMINATION THROUGH CESSATION BY PERSON OF VIOLATING ACTIVITIES.—In addition to termination provided for by 

paragraph (1), the measures imposed with respect to a person 

under subsection (b) in connection with a particular activity 

shall terminate upon a determination of the President that the 

person has ceased such activity. The termination of measures 

imposed with respect to a person in connection with a particular activity pursuant to this paragraph shall not result in 


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the termination of any measures imposed with respect to the 

person in connection with any other activity for which measures 

were imposed under subsection (b). 

(h) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Armed Services, the Committee on 

Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and 

(2) the Committee on Armed Services, the Committee on 

Foreign Relations, and the Select Committee on Intelligence of 

the Senate. 

SEC. 1291. AGREEMENTS WITH FOREIGN GOVERNMENTS TO DEVELOP 

LAND-BASED WATER RESOURCES IN SUPPORT OF AND IN 

PREPARATION FOR CONTINGENCY OPERATIONS. 

(a) AGREEMENTS AUTHORIZED.—The Secretary of Defense, with 

the concurrence of the Secretary of State, is authorized to enter into 

agreements with the governments of foreign countries to develop 

land-based water resources in support of and in preparation for contingency operations, including water selection, pumping, purification, storage, distribution, cooling, consumption, water reuse, 

water source intelligence, research and development, training, acquisition of water support equipment, and water support operations. 

(b) NOTIFICATION REQUIRED.—Not later than 30 days after entering into an agreement under subsection (a), the Secretary of Defense shall notify the appropriate congressional committees of the existence of the agreement and provide a summary of the terms of the 

agreement. 

(c) DEFINITION.—In this section, the term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on Armed Services and the Committee on 

Foreign Relations of the Senate; and 

(2) the Committee on Armed Services and the Committee on 

Foreign Affairs of the House of Representatives. 

SEC. 1292. ENHANCING DEFENSE AND SECURITY COOPERATION WITH 

INDIA. 

(a) ACTIONS.— 

(1) IN GENERAL.—The Secretary of Defense and Secretary of 

State should jointly take such actions as may be necessary to— 

(A) recognize India’s status as a major defense partner 

of the United States; 

(B) designate an individual within the executive 

branch who has experience in defense acquisition and technology— 

(i) to reinforce and ensure, through interagency 

policy coordination, the success of the Framework for 

the United States-India Defense Relationship; and 

(ii) to help resolve remaining issues impeding 

United States-India defense trade, security cooperation, 

and co-production and co-development opportunities; 

(C) approve and facilitate the transfer of advanced 

technology, consistent with United States conventional 

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dom of navigation, and maritime domain awareness missions, and to promote weapons systems interoperability; 

(D) strengthen the effectiveness of the U.S.-India Defense Trade and Technology Initiative and the durability of 

the Department of Defense’s ‘‘India Rapid Reaction Cell’’; 

(E) collaborate with the Government of India to develop 

mutually agreeable mechanisms to verify the security of defense articles, defense services, and related technology, such 

as appropriate cyber security and end use monitoring arrangements, consistent with United States export control 

laws and policy; 

(F) promote policies that will encourage the efficient review and authorization of defense sales and exports to 

India; 

(G) encourage greater government-to-government and 

commercial military transactions between the United States 

and India; 

(H) support the development and alignment of India’s 

export control and procurement regimes with those of the 

United States and multilateral control regimes; and 

(I) continue to enhance defense and security cooperation with India in order to advance United States interests 

in the South Asia and greater Indo-Asia-Pacific regions. 

(2) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, and annually thereafter, the Secretary of 

Defense and Secretary of State shall jointly submit to the congressional defense committees and the Committee on Foreign 

Relations of the Senate and the Committee on Foreign Affairs 

of the House of Representatives a report on how the United 

States is supporting its defense relationship with India in relation to the actions described in paragraph (1). 

(b) BILATERAL COORDINATION.—To enhance cooperation and encourage military-to-military engagement between the United States 

and India, the Secretary of Defense should take appropriate actions 

to ensure that exchanges between senior military officers and senior 

civilian defense officials of the United States Government and the 

Government of India— 

(1) are at a level appropriate to enhance engagement between the militaries of the two countries for threat analysis, 

military doctrine, force planning, mutual security interests, 

logistical support, intelligence, tactics, techniques and procedures, humanitarian assistance, and disaster relief; 

(2) include exchanges of general and flag officers between 

the two countries; 

(3) enhance cooperative military operations, including maritime security, counter-piracy, counter-terror cooperation, and 

domain awareness, in the Indo-Asia-Pacific region; 

(4) accelerate the development of combined military planning for missions such as those identified in subsection (a)(1)(C) 

or in paragraph (1) of this subsection, or other missions in the 

national security interests of both countries; and 

(5) solicit and recognize actions and efforts by India that 

would allow the United States to treat India as a major defense 

partner. 

(c) ASSESSMENT REQUIRED.— 


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(1) IN GENERAL.—The Secretary of Defense and Secretary of 

State shall jointly, on an ongoing basis, conduct an assessment 

of the extent to which India possesses capabilities to support 

and carry out military operations of mutual interest to the 

United States and India, including an assessment of the defense export control regulations and policies that need appropriate modification, in recognition of India’s capabilities and its 

status as a major defense partner. 

(2) USE OF ASSESSMENT.—The President shall ensure that 

the assessment described in paragraph (1) is used, consistent 

with United States conventional arms transfer policy, to inform 

the review by the United States of requests to export defense articles, defense services, or related technology to India under the 

Arms Export Control Act (22 U.S.C. 2751 et seq.), and to inform 

any regulatory and policy adjustments that may be appropriate. 

SEC. 1293. COORDINATION OF EFFORTS TO DEVELOP FREE TRADE 

AGREEMENTS WITH SUB-SAHARAN AFRICAN COUNTRIES. 

(a) COORDINATION BETWEEN THE UNITED STATES TRADE REP- RESENTATIVE AND OTHER AGENCIES.—The United States Trade 

Representative shall consult and coordinate with other relevant Federal agencies to assist countries identified under paragraph (1) of 

section 110(b) of the Trade Preferences Extension Act of 2015 (Public Law 114–27; 129 Stat. 370; 19 U.S.C. 3705 note) in the most recent report required by that section, including through the deployment of resources from those agencies to such countries and through 

trade capacity building, in addressing the plan developed under 

paragraph (3) of that section. 

(b) COORDINATION OF USAID WITH FREE TRADE AGREEMENT

POLICY.— 

(1) AUTHORIZATION OF FUNDS.—Funds made available to 

the United States Agency for International Development under 

section 496 of the Foreign Assistance Act of 1961 (22 U.S.C. 

2293) after the date of the enactment of this Act may be used, 

in consultation with the United States Trade Representative— 

(A) to assist eligible countries, including by deploying 

resources to such countries, in addressing the plan developed under section 116(b) of the African Growth and Opportunity Act (19 U.S.C. 3723(b)); and 

(B) to assist eligible countries in the implementation of 

the commitments of those countries under agreements with 

the United States and under the WTO Agreement (as defined in section 2(9) of the Uruguay Round Agreements Act 

(19 U.S.C. 3501(9))) and agreements annexed to the WTO 

Agreement. 

(2) DEFINITIONS.—In this subsection: 

(A) ELIGIBLE COUNTRY.—The term ‘‘eligible country’’ 

means a sub-Saharan African country that receives— 

(i) benefits under the African Growth and Opportunity Act (19 U.S.C. 3701 et seq.); and 

(ii) funding from the United States Agency for 

International Development. 

(B) SUB-SAHARAN AFRICAN COUNTRY.—The term ‘‘subSaharan African country’’ has the meaning given that term 

in section 107 of the African Growth and Opportunity Act 

(19 U.S.C. 3706). 


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SEC. 1294. EXTENSION AND EXPANSION OF AUTHORITY TO SUPPORT 

BORDER SECURITY OPERATIONS OF CERTAIN FOREIGN 

COUNTRIES. 

(a) EXPANSION OF AUTHORITY.—Section 1226 of the National 

Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 

129 Stat. 1056; 22 U.S.C. 2551 note) is amended— 

(1) in subsection (a)(1)— 

(A) by striking ‘‘the Government of Jordan and the 

Government of Lebanon’’ and inserting ‘‘the Government of 

Egypt, the Government of Jordan, the Government of Lebanon, and the Government of Tunisia’’; 

(B) by striking ‘‘efforts of the armed forces’’ and inserting ‘‘efforts as follows: 

‘‘(A) Efforts of the armed forces’’; and 

(C) by adding at the end the following new subparagraph: 

‘‘(B) Efforts of the armed forces of Egypt and the armed 

forces of Tunisia to increase security and sustain increased 

security along the border of Egypt and the border of Tunisia with Libya, as applicable.’’; and 

(2) in subsection (c)(4), by striking ‘‘along the border’’ and 

all that follows and inserting ‘‘along the border of the country 

as specified in subsection (a)(1).’’. 

(b) FUNDS AVAILABLE FOR SUPPORT.—Subsection (b) of such 

section is amended— 

(1) in paragraphs (1) and (2), by striking ‘‘Amounts’’ and 

inserting ‘‘In fiscal year 2016, amounts’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(3) In any fiscal year after fiscal year 2016, amounts authorized to be appropriated for such fiscal year and available 

for Operation and Maintenance, Defense-Wide, and the Counter 

Islamic State of Iraq and the Levant Fund for such fiscal 

year.’’. 

(c) EXTENSION.—Subsection (f) of such section is amended by 

striking ‘‘December 31, 2018’’ and inserting ‘‘December 31, 2019’’. 

(d) CONFORMING AMENDMENT.—The heading of such section is 

amended to read as follows: 

‘‘SEC. 1226. SUPPORT TO CERTAIN GOVERNMENTS FOR BORDER SECURITY OPERATIONS.’’. 

SEC. 1295. MODIFICATION AND CLARIFICATION OF UNITED STATESISRAEL ANTI-TUNNEL COOPERATION AUTHORITY. 

(a) AMOUNT OF SUPPORT PROVIDABLE BY THE UNITED

STATES.—Paragraph (4) of section 1279(b) of the National Defense 

Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 

Stat. 1079; 22 U.S.C. 8606 note) is amended by striking 

‘‘$25,000,000’’ and inserting ‘‘$50,000,000’’. 

(b) SCOPE OF REQUIREMENT FOR MATCHING CONTRIBUTION BY

ISRAEL.—Paragraph (3) of such section is amended by inserting before the period at the end the following: ‘‘in the calendar year in 

which the support is provided’’. 

(c) USE OF CERTAIN AMOUNT FOR RDT&E ACTIVITIES IN THE

UNITED STATES.—Of the amount contributed by the United States 

for activities under section 1279 of the National Defense Authorization Act for Fiscal Year 2016, not less than 50 percent of such 

amount shall be used in fiscal year 2017 for research, development, 


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test, and evaluation activities for purposes of such section in the 

United States. 

SEC. 1296. 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. 

(a) IN GENERAL.—Section 1211 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 

2302 note) is amended— 

(1) in subsection (b), by inserting ‘‘or in the 600 series of the 

control list of the Export Administration Regulations’’ after ‘‘in 

Arms Regulations’’; and 

(2) in subsection (e), by adding at the end the following new 

paragraph: 

‘‘(3) The term ‘600 series of the control list of the Export Administration Regulations’ means the 600 series of the Commerce 

Control List contained in Supplement No. 1 to part 774 of subtitle B of title 15 of the Code of Federal Regulations.’’. 

(b) TECHNICAL CORRECTIONS TO ITAR REFERENCES.—Such section is further amended by striking ‘‘Trafficking’’ both places it appears and inserting ‘‘Traffic’’. 

SEC. 1297. INTERNATIONAL SALES PROCESS IMPROVEMENTS. 

(a) PLAN REQUIRED.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall develop a 

plan to improve the management and use of fees collected on transfer of defense articles and services via sale, lease, or grant to international customers under programs over which the Defense Security 

Cooperation Agency has administration responsibilities. The plan 

shall include options to use fees more effectively— 

(1) to improve the staffing and processes of the licensing review cycle at the Defense Technology Security Administration 

and other reviewing authorities; and 

(2) to maintain a cadre of contracting officers and acquisition officials who specialize in foreign military sales contracting. 

(b) PROCESS FOR GATHERING INPUT.—The Secretary of Defense 

shall establish a process for contractors to provide input, feedback, 

and adjudication of any differences regarding the appropriateness 

of governmental pricing and availability estimates prior to the delivery to potential foreign customers of formal responses to Letters 

of Request for Pricing and Availability. 

SEC. 1298. EFFORTS TO END MODERN SLAVERY. 

(a) ACTIONS BY THE SECRETARY OF DEFENSE.— 

(1) IN GENERAL.—Not later than 90 days after the date of 

the enactment of this Act, the Secretary of Defense shall provide 

to the appropriate congressional committees a briefing on the 

policies and guidance of the Department of Defense with respect 

to the education and training on human slavery and the appropriate role of the United States Armed Forces in combatting 

trafficking in persons that is received by personnel of the Armed 

Forces, including uniformed personnel and civilians engaged in 

partnership with foreign nations. 


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(2) ELEMENTS.—The briefing required under paragraph (1) 

shall address— 

(A) resources available for Armed Forces personnel who 

become aware of instances of human slavery or trafficking 

in persons while deployed overseas; and 

(B) guidance on the requirement to make official reports through the chain of command, the roles and responsibilities of military and civilian officials of the United 

States Armed Forces and host nations, circumstances in 

which members of the Armed Forces are authorized to take 

immediate action to prevent loss of life or serious injury, 

and the authority to use appropriate force to stop or prevent 

sexual abuse or exploitation of children. 

(b) GRANT AUTHORIZATION.—The Secretary of State is authorized to make a grant or grants of funding to provide support for 

transformational programs and projects that seek to achieve a 

measurable and substantial reduction of the prevalence of modern 

slavery in targeted populations within partner countries (or jurisdictions thereof). 

(c) MONITORING AND EVALUATION.—Any grantee shall— 

(1) develop specific and detailed criteria for the monitoring 

and evaluation of supported projects; 

(2) implement a system for measuring progress against 

baseline data that is rigorously designed based on international 

corporate and nongovernmental best practices; 

(3) ensure that each supported project is regularly and rigorously monitored and evaluated, on a not less than biennial 

basis, by an independent monitoring and evaluation entity, 

against the specific and detailed criteria established pursuant 

to paragraph (1), and that the progress of the project towards 

its stated goals is measured by such entity against baseline 

data; 

(4) support the development of a scientifically sound, representative survey methodology for measuring prevalence with 

reference to existing research and experience, and apply the 

methodology consistently to determine the baseline prevalence in 

target populations and outcomes in order to periodically assess 

progress in reducing prevalence; and 

(5) establish, and revise on a not less than annual basis, 

specific and detailed criteria for the suspension and termination, as appropriate, of projects supported by the grantee that 

regularly or consistently fail to meet the criteria required by 

this section. 

(d) AUDITING.— 

(1) IN GENERAL.—Any grantee shall be subject to the same 

auditing, recordkeeping, and reporting obligations required 

under subsections (e), (f), (g), and (i) of section 504 of the National Endowment for Democracy Act (22 U.S.C. 4413). 

(2) COMPTROLLER GENERAL AUDIT AUTHORITY.— (A) IN GENERAL.—The Comptroller General of the 

United States may evaluate the financial transactions of 

the grantee as well as the programs or activities the grantee 

carries out pursuant to this section. 

(B) ACCESS TO RECORDS.—Any grantee shall provide 

the Comptroller General, or the Comptroller General’s duly 


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authorized representatives, access to such records as the 

Comptroller General determines necessary to conduct evaluations authorized by this section. 

(e) ANNUAL REPORT.—Any grant recipient shall submit a report 

to the Secretary of State annually and the Secretary shall transmit 

it to the appropriate congressional committees within 30 days. Such 

report shall include the names of each of the projects or sub-grantees receiving such funding pursuant to this section and the amount 

of funding provided for, along with a detailed description of, each 

such project. 

(f) RULE OF CONSTRUCTION REGARDING AVAILABILITY OF FISCAL YEAR 2016 APPROPRIATIONS.—The enactment of this section is 

deemed to meet the condition of the first proviso of paragraph (2) 

of section 7060(f) of the Department of State, Foreign Operations, 

and Related Appropriations Act, 2016 (division K of Public Law 

114–113), and the funds referred to in such paragraph shall be 

made available in accordance with, and for the purposes set forth 

in, such paragraph. 

(g) AUTHORIZATION OF APPROPRIATIONS; SUNSET.— 

(1) AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS

2017 THROUGH 2020.—There is authorized to be appropriated to 

the Department of State for the purpose of making a grant or 

grants authorized under this section, for each fiscal year from 

2017 through 2020, $37,500,000. 

(2) SUNSET.—The authorities of subsections (b) through (f) 

shall expire on September 30, 2020. 

(h) COMPTROLLER GENERAL REVIEW OF EXISTING PROGRAMS.— 

(1) IN GENERAL.—Not later than September 30, 2018, and 

September 30, 2020, the Comptroller General of the United 

States shall submit to Congress a report on all of the programs 

conducted by the Department of State, the United States Agency 

for International Development, the Department of Labor, the 

Department of Defense, and the Department of the Treasury 

that address human trafficking and modern slavery, including 

a detailed analysis of the effectiveness of such programs in limiting human trafficking and modern slavery and specific recommendations on which programs are not effective at reducing 

the prevalence of human trafficking and modern slavery and 

how the funding for such programs may be redirected to more 

effective efforts. 

(2) CONSIDERATION OF REPORT.—The Comptroller General 

of the United States shall brief the appropriate congressional 

committees on the report submitted under paragraph (1). The 

appropriate congressional committees shall review and consider 

the reports and shall, as appropriate, consider modifications to 

authorization levels and programs within the jurisdiction of 

such committees to address the recommendations made in the 

report. 

(i) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Foreign Relations, the Committee on 

Armed Services, and the Committee on Appropriations of the 

Senate; and 


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(2) the Committee on Foreign Affairs, the Committee on 

Armed Services, and the Committee on Appropriations of the 

House of Representatives. 

TITLE XIII—COOPERATIVE THREAT REDUCTION 

Sec. 1301. Specification of Cooperative Threat Reduction funds. 

Sec. 1302. Funding allocations. 

Sec. 1303. Limitation on availability of funds for Cooperative Threat Reduction in 

People’s Republic of China. 

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 

FUNDS. 

(a) FISCAL YEAR 2017 COOPERATIVE THREAT REDUCTION FUNDS

DEFINED.—In this title, the term ‘‘fiscal year 2017 Cooperative 

Threat Reduction funds’’ means the funds appropriated pursuant to 

the authorization of appropriations in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program established under section 1321 of the Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3711). 

(b) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to 

the authorization of appropriations in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program shall be available for 

obligation for fiscal years 2017, 2018, and 2019. 

SEC. 1302. FUNDING ALLOCATIONS. 

(a) IN GENERAL.—Of the $325,604,000 authorized to be appropriated to the Department of Defense for fiscal year 2017 in section 

301 and made available by the funding table in division D for the 

Department of Defense Cooperative Threat Reduction Program established under section 1321 of the Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3711), the following amounts 

may be obligated for the purposes specified: (1) For strategic offensive arms elimination, $11,791,000. 

(2) For chemical weapons destruction, $2,942,000. 

(3) For global nuclear security, $16,899,000. 

(4) For cooperative biological engagement, $213,984,000. 

(5) For proliferation prevention, $50,709,000, of which— (A) $4,000,000 may be obligated for purposes relating 

to nuclear nonproliferation assisted or caused by additive 

manufacture technology (commonly referred to as ‘‘3D 

printing’’); (B) $4,000,000 may be obligated for monitoring the 

‘‘proliferation pathways’’ under the Joint Comprehensive 

Plan of Action; (C) $4, 000,000 may be obligated for enhancing law enforcement cooperation and intelligence sharing; and (D) $4,000,000 may be obligated for the Proliferation 

Security Initiative under subtitle B of title XVIII of the Implementing Recommendations of the 9/11 Commission Act 

of 2007 (50 U.S.C. 2911 et seq.). 

(6) For threat reduction engagement, $2,000,000. 

(7) For activities designated as Other Assessments/Admin- istrative Costs, $27,279,000. 

(b) MODIFICATIONS TO CERTAIN REQUIREMENTS.—The Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3701 

et seq.) is amended as follows: 


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(1) Section 1321(g)(1) (50 U.S.C. 3711(g)(1)) is amended by 

striking ‘‘15 days’’ and inserting ‘‘45 days’’. 

(2) Section 1322(b) (50 U.S.C. 3712(b)) is amended— 

(A) by striking ‘‘At the time at which’’ and inserting 

‘‘Not later than 15 days before the date on which’’; 

(B) in paragraph (1), by striking ‘‘; and’’ and inserting 

a semicolon; 

(C) in paragraph (2), by striking the period and inserting ‘‘; and’’; and 

(D) by adding at the end the following new paragraph: 

‘‘(3) a discussion of— 

‘‘(A) whether authorities other than the authority under 

this section are available to the Secretaries to perform such 

project or activity to meet the threats or goals identified 

under subsection (a)(1); and 

‘‘(B) if such other authorities exist, why the Secretaries 

were not able to use such authorities for such project or activity.’’. 

(3) Section 1323(b)(3) (50 U.S.C. 3713(b)(3)) is amended by 

striking ‘‘at the time at which’’ and inserting ‘‘not later than 

seven days before the date on which’’. 

(4) Section 1324 (50 U.S.C. 3714) is amended— 

(A) in subsection (a)(1)(C), by striking ‘‘15 days’’ and 

inserting ‘‘45 days’’; and 

(B) in subsection (b)(3), by striking ‘‘15 days’’ and inserting ‘‘45 days’’. 

(c) JOINT COMPREHENSIVE PLAN OF ACTION DEFINED.—In this 

section, the term ‘‘Joint Comprehensive Plan of Action’’ means the 

Joint Comprehensive Plan of Action, signed at Vienna July 14, 

2015, by Iran and by the People’s Republic of China, France, Germany, the Russian Federation, the United Kingdom, and the United 

States, with the High Representative of the European Union for Foreign Affairs and Security Policy, and all implementing materials 

and agreements related to the Joint Comprehensive Plan of Action, 

and transmitted by the President to Congress on July 19, 2015, pursuant to section 135(a) of the Atomic Energy Act of 1954, as amended by the Iran Nuclear Agreement Review Act of 2015 (Public Law 

114–17; 129 Stat. 201). 

SEC. 1303. LIMITATION ON AVAILABILITY OF FUNDS FOR COOPERATIVE THREAT REDUCTION IN PEOPLE’S REPUBLIC OF 

CHINA. 

(a) IN GENERAL.—The Department of Defense Cooperative 

Threat Reduction Act (50 U.S.C. 3701 et seq.) is amended by inserting after section 1334 the following new section: 

‘‘SEC. 1335. LIMITATION ON AVAILABILITY OF FUNDS FOR COOPERATIVE THREAT REDUCTION ACTIVITIES IN PEOPLE’S REPUBLIC OF CHINA. 

‘‘(a) SEMIANNUAL INSTALLMENTS.—In carrying out activities 

under the Program in the People’s Republic of China, the Secretary 

of Defense shall ensure that Cooperative Threat Reduction funds for 

such activities are obligated or expended in semiannual installments. 

‘‘(b) REQUIRED REPORTS.— 

‘‘(1) ADDITIONAL INFORMATION.—With respect to carrying 

out activities under the Program in the People’s Republic of 


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China, the Secretary of Defense shall submit to the congressional defense committees the reports required by section 

1321(g) on a semiannual basis by not later than 15 days before 

any obligation of Cooperative Threat Reduction funds for such 

activities during the covered semiannual period. In addition to 

the matters required by such section, each such report shall include, in coordination with the Secretary of State— 

‘‘(A) whether China has taken material steps to— 

‘‘(i) disrupt the proliferation activities of Li 

Fangwei (also known as Karl Lee, or any other alias 

known by the United States); and 

‘‘(ii) arrest Li Fangwei pursuant the indictment 

charged in the United States District Court for the 

Southern District of New York on April 29, 2014; 

‘‘(B) whether China has proliferated to any non-nuclear 

weapons state, or any nuclear weapons state in violation of 

the Treaty on the Non-Proliferation of Nuclear Weapons, 

any item that contributes to a ballistic missile or nuclear 

weapons delivery system; and 

‘‘(C) the number, type, and summary of any demarches 

between the United States and China with respect to the 

matters described in subparagraphs (A) and (B). 

‘‘(2) ADDITIONAL SUBMISSIONS.—At the same time as the 

Secretary of Defense submits to the congressional defense committees the information described in subparagraphs (A), (B), 

and (C) of paragraph (1) as part of the reports required by section 1321(g), the Secretary shall submit to the Committee on 

Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate such information. 

‘‘(3) COVERAGE.—With respect to the information described 

in subparagraphs (A), (B), and (C) of paragraph (1)— 

‘‘(A) the first report described in such paragraph that 

is submitted after the date of the enactment of this section 

shall cover the preceding 12-month period before the date 

of such submission; and 

‘‘(B) each subsequent report shall cover the semiannual 

period preceding the date of such submission. 

‘‘(4) FORM.—The information described in subparagraphs 

(A), (B), and (C) of paragraph (1) shall be submitted in unclassified form, but may include a classified annex.’’. 

(b) CONFORMING AMENDMENTS.—Section 1321(g) of such Act 

(50 U.S.C. 3711(g)) is amended— 

(1) in paragraph (1)— 

(A) in the heading, by striking ‘‘ANNUAL REQUIREMENT’’ 

and inserting ‘‘REPORTS REQUIREMENT’’; and 

(B) by striking ‘‘that fiscal year’’ and inserting ‘‘that fiscal year (or, in accordance with section 1335(b), the semiannual period covered by the report)’’; and 

(2) in paragraph (3), by striking ‘‘Paragraph (1)’’ and inserting ‘‘Except for Cooperative Threat Reduction funds subject 

to section 1335, paragraph (1)’’. 

TITLE XIV—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 


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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. 

Subtitle B—National Defense Stockpile 

Sec. 1411. Authority to dispose of certain materials from and to acquire additional 

materials for the National Defense Stockpile. 

Sec. 1412. National Defense Stockpile matters. 

Subtitle C—Chemical Demilitarization Matters 

Sec. 1421. 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. 

Subtitle A—Military Programs 

SEC. 1401. WORKING CAPITAL FUNDS. 

Funds are hereby authorized to be appropriated for fiscal year 

2017 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working 

capital and revolving funds, as specified in the funding table in section 4501. 

SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby authorized to be appropriated for the Department of Defense for fiscal 

year 2017 for expenses, not otherwise provided for, for Chemical 

Agents and Munitions Destruction, Defense, as specified in the funding table in section 4501. 

(b) USE.—Amounts authorized to be appropriated under subsection (a) are authorized for— 

(1) the destruction of lethal chemical agents and munitions 

in accordance with section 1412 of the Department of Defense 

Authorization Act, 1986 (50 U.S.C. 1521); and 

(2) the destruction of chemical warfare materiel of the 

United States that is not covered by section 1412 of such Act. 

SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2017 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501. 

SEC. 1404. DEFENSE INSPECTOR GENERAL. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2017 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department 

of Defense, as specified in the funding table in section 4501. 

SEC. 1405. DEFENSE HEALTH PROGRAM. 

Funds are hereby authorized to be appropriated for fiscal year 

2017 for the Defense Health Program, as specified in the funding 

table in section 4501, for use of the Armed Forces and other activiVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 00616 Fmt 6659 Sfmt 6603 E:\HR\OC\HR840.XXX HR840

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ties and agencies of the Department of Defense in providing for the 

health of eligible beneficiaries. 

Subtitle B—National Defense Stockpile 

SEC. 1411. AUTHORITY TO DISPOSE OF CERTAIN MATERIALS FROM 

AND TO ACQUIRE ADDITIONAL MATERIALS FOR THE NATIONAL DEFENSE STOCKPILE. 

(a) DISPOSAL AUTHORITY.—Pursuant to section 5(b) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98d(b)), the 

National Defense Stockpile Manager may dispose of the following 

materials contained in the National Defense Stockpile in the following quantities: 

(1) 27 short tons of beryllium. 

(2) 111,149 short tons of chromium, ferroalloy. 

(3) 2,973 short tons of chromium metal. 

(4) 8,380 troy ounces of platinum. 

(5) 275,741 pounds of contained tungsten metal powder. 

(6) 12,433,796 pounds of contained tungsten ores and concentrates. 

(b) ACQUISITION AUTHORITY.— 

(1) AUTHORITY.—Using funds available in the National Defense Stockpile Transaction Fund, the National Defense Stockpile Manager may acquire the following materials determined 

to be strategic and critical materials required to meet the defense, industrial, and essential civilian needs of the United 

States: 

(A) High modulus and high strength carbon fibers. 

(B) Tantalum. 

(C) Germanium. 

(D) Tungsten rhenium metal. 

(E) Boron carbide powder. 

(F) Europium. 

(G) Silicon carbide fiber. 

(2) AMOUNT OF AUTHORITY.—The National Defense Stockpile Manager may use up to $55,000,0000 in the National Defense Stockpile Transaction Fund for acquisition of the materials specified paragraph (1). 

(3) FISCAL YEAR LIMITATION.—The authority under paragraph (1) is available for purchases during fiscal year 2017 

through fiscal year 2021. 

SEC. 1412. NATIONAL DEFENSE STOCKPILE MATTERS. 

(a) MATERIALS CONSTITUTING THE NATIONAL DEFENSE STOCKPILE.—Section 4 of the Strategic and Critical Materials Stock Piling 

Act (50 U.S.C. 98c) is amended— 

(1) in subsection (b), by striking ‘‘required for’’ and inserting ‘‘suitable for transfer or disposal through’’; and 

(2) in subsection (c)— 

(A) by striking ‘‘(1)’’ and all that follows through ‘‘(2)’’; 

and 

(B) by striking ‘‘this subsection’’ and inserting ‘‘subsection (b)’’. 

(b) QUALIFICATION OF DOMESTIC SOURCES.—Section 15(a) of 

such Act (50 U.S.C. 98h–6(a)) is amended— 

(1) in paragraph (1), by striking ‘‘and’’ at the end ; 


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(2) in paragraph (2), by striking the period at the end and 

inserting a semicolon; and 

(3) by adding at the end the following new paragraphs: 

‘‘(3) by qualifying existing domestic facilities and domestically produced strategic and critical materials to meet the requirements of defense and essential civilian industries in times 

of national emergency when existing domestic sources of supply 

are either insufficient or vulnerable to single points of failure; 

and 

‘‘(4) by contracting with domestic facilities to recycle strategic and critical materials, thereby increasing domestic supplies when such materials would otherwise be insufficient to 

support defense and essential civilian industries in times of national emergency.’’. 

Subtitle C—Chemical Demilitarization Matters 

SEC. 1421. NATIONAL ACADEMIES OF SCIENCES STUDY ON CONVENTIONAL MUNITIONS DEMILITARIZATION ALTERNATIVE 

TECHNOLOGIES. 

(a) IN GENERAL.—The Secretary of the Army shall enter into an 

arrangement with the Board on Army Science and Technology of the 

National Academies of Sciences, Engineering, and Medicine to conduct a study of the conventional munitions demilitarization program of the Department of Defense. 

(b) ELEMENTS.—The study required pursuant to subsection (a) 

shall include the following: 

(1) A review of the current conventional munitions demilitarization stockpile, including types of munitions and types of 

materials contaminated with propellants or energetics, and the 

disposal technologies used. 

(2) An analysis of disposal, treatment, and reuse technologies, including technologies currently used by the Department and emerging technologies used or being developed by private or other governmental agencies, including a comparison of 

cost, throughput capacity, personnel safety, and environmental 

impacts. 

(3) An identification of munitions types for which alternatives to open burning, open detonation, or non-closed loop incineration/combustion are not used. 

(4) An identification and evaluation of any barriers to fullscale deployment of alternatives to open burning, open detonation, or non-closed loop incineration/combustion, and recommendations to overcome such barriers. 

(5) An evaluation whether the maturation and deployment 

of governmental or private technologies currently in research 

and development would enhance the conventional munitions demilitarization capabilities of the Department. 

(c) SUBMITTAL TO CONGRESS.—Not later than 18 months after 

the date of the enactment of this Act, the Secretary shall submit to 

the congressional defense committees the study conducted pursuant 

to subsection (a). 


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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. 

(a) AUTHORITY FOR TRANSFER OF FUNDS.—Of the funds authorized to be appropriated by section 1405 and available for the Defense Health Program for operation and maintenance, $122,400,000 

may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility 

Demonstration Fund established by subsection (a)(1) of section 1704 

of the National Defense Authorization Act for Fiscal Year 2010 

(Public Law 111–84; 123 Stat. 2571). For purposes of subsection 

(a)(2) of such section 1704, any funds so transferred shall be treated 

as amounts authorized and appropriated specifically for the purpose 

of such a transfer. 

(b) USE OF TRANSFERRED FUNDS.—For the purposes of subsection (b) of such section 1704, facility operations for which funds 

transferred under subsection (a) may be used are operations of the 

Captain James A. Lovell Federal Health Care Center, consisting of 

the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 

4500). 

SEC. 1432. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES 

RETIREMENT HOME. 

There is hereby authorized to be appropriated for fiscal year 

2017 from the Armed Forces Retirement Home Trust Fund the sum 

of $64,300,000 for the operation of the Armed Forces Retirement 

Home. 

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR 

OVERSEAS CONTINGENCY OPERATIONS 

Subtitle A—Authorization of Appropriations 

Sec. 1501. Purpose and treatment of certain authorizations of appropriations. 

Sec. 1502. Procurement. 

Sec. 1503. Research, development, test, and evaluation. 

Sec. 1504. Operation and maintenance. 

Sec. 1505. Military personnel. 

Sec. 1506. Working capital funds. 

Sec. 1507. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1508. Defense Inspector General. 

Sec. 1509. Defense Health program. 

Subtitle B—Financial Matters 

Sec. 1511. Treatment as additional authorizations. 

Sec. 1512. Special transfer authority. 

Subtitle C—Limitations, Reports, and Other Matters 

Sec. 1521. Afghanistan Security Forces Fund. 

Sec. 1522. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1523. Extension of authority to use Joint Improvised Explosive Device Defeat 

Fund for training of foreign security forces to defeat improvised explosive devices. 

Sec. 1524. Overseas contingency operations. 

Sec. 1525. Extension and modification of authorities on Counterterrorism Partnerships Fund. 


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Subtitle A—Authorization of Appropriations 

SEC. 1501. PURPOSE AND TREATMENT OF CERTAIN AUTHORIZATIONS 

OF APPROPRIATIONS. 

(a) PURPOSE.—The purpose of this subtitle is to authorize appropriations for the Department of Defense for fiscal year 2017 to 

provide additional funds— 

(1) for overseas contingency operations being carried out by 

the Armed Forces; and 

(2) pursuant to sections 1502, 1503, 1504, 1505, and 1507 

for expenses, not otherwise provided for, for procurement, research, development, test, and evaluation, operation and maintenance, military personnel, and defense-wide drug interdiction 

and counter-drug activities, as specified in the funding tables in 

sections 4103, 4203, 4303, 4403, and 4503. 

(b) SUPPORT OF BASE BUDGET REQUIREMENTS; TREATMENT.— 

Funds identified in subsection (a)(2) are being authorized to be appropriated in support of base budget requirements as requested by 

the President for fiscal year 2017 pursuant to section 1105(a) of title 

31, United States Code. The Director of the Office of Management 

and Budget shall apportion the funds identified in such subsection 

to the Department of Defense without restriction, limitation, or constraint on the execution of such funds in support of base requirements, including any restriction, limitation, or constraint imposed 

by, or described in, the document entitled ‘‘Criteria for War/Overseas Contingency Operations Funding Requests’’ transmitted by the 

Director to the Department of Defense on September 9, 2010, or any 

successor or related guidance. 

SEC. 1502. PROCUREMENT. 

Funds are hereby authorized to be appropriated for fiscal year 

2017 for procurement accounts for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified 

in— 

(1) the funding table in section 4102; or 

(2) the funding table in section 4103. 

SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 

Funds are hereby authorized to be appropriated for fiscal year 

2017 for the use of the Department of Defense for research, development, test, and evaluation, as specified in— 

(1) the funding table in section 4202; or 

(2) the funding table in section 4203. 

SEC. 1504. OPERATION AND MAINTENANCE. 

Funds are hereby authorized to be appropriated for fiscal year 

2017 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in— 

(1) the funding table in section 4302, or 

(2) the funding table in section 4303. 

SEC. 1505. MILITARY PERSONNEL. 

Funds are hereby authorized to be appropriated for fiscal year 

2017 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in— 

(1) the funding table in section 4402; or 


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(2) the funding table in section 4403. 

SEC. 1506. WORKING CAPITAL FUNDS. 

Funds are hereby authorized to be appropriated for fiscal year 

2017 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working 

capital and revolving funds, as specified in the funding table in section 4502. 

SEC. 1507. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2017 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in— 

(1) the funding table in section 4502; or 

(2) the funding table in section 4503. 

SEC. 1508. DEFENSE INSPECTOR GENERAL. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2017 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department 

of Defense, as specified in the funding table in section 4502. 

SEC. 1509. DEFENSE HEALTH PROGRAM. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2017 for expenses, not otherwise provided for, for the Defense Health Program, as specified in the funding table in section 4502. 

Subtitle B—Financial Matters 

SEC. 1511. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

The amounts authorized to be appropriated by this title are in 

addition to amounts otherwise authorized to be appropriated by this 

Act. 

SEC. 1512. SPECIAL TRANSFER AUTHORITY. 

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

(1) AUTHORITY.—Upon determination by the Secretary of 

Defense that such action is necessary in the national interest, 

the Secretary may transfer amounts of authorizations made 

available to the Department of Defense in this title for fiscal 

year 2017 between any such authorizations for that fiscal year 

(or any subdivisions thereof). 

(2) EFFECT OF TRANSFER.—Amounts of authorizations 

transferred under this subsection shall be merged with and be 

available for the same purposes as the authorization to which 

transferred. 

(3) LIMITATIONS.—The total amount of authorizations that 

the Secretary may transfer under the authority of this subsection may not exceed $3,500,000,000. 

(4) EXCEPTION.—In the case of the authorizations of appropriations contained in sections 1502, 1503, 1504, 1505, and 

1507 that are provided for the purpose specified in section 

1501(a)(2), the transfer authority provided under section 1001, 

rather than the transfer authority provided by this subsection, 

shall apply to any transfer of amounts of such authorizations. 


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(b) TERMS AND CONDITIONS.—Transfers under this section shall 

be subject to the same terms and conditions as transfers under section 1001. 

(c) ADDITIONAL AUTHORITY.—The transfer authority provided 

by this section is in addition to the transfer authority provided 

under section 1001. 

Subtitle C—Limitations, Reports, and Other Matters 

SEC. 1521. AFGHANISTAN SECURITY FORCES FUND. 

(a) CONTINUATION OF PRIOR AUTHORITIES AND NOTICE AND RE- PORTING REQUIREMENTS.—Funds available to the Department of 

Defense for the Afghanistan Security Forces Fund for fiscal year 

2017 shall be subject to the conditions contained in subsections (b) 

through (g) of section 1513 of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 428), as 

amended by section 1531(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 

4424). 

(b) EQUIPMENT DISPOSITION.— (1) ACCEPTANCE OF CERTAIN EQUIPMENT.—Subject to paragraph (2), the Secretary of Defense may accept equipment that 

is procured using amounts in the Afghanistan Security Forces 

Fund authorized under this Act and is intended for transfer to 

the security forces of Afghanistan, but is not accepted by such 

security forces. 

(2) CONDITIONS ON ACCEPTANCE OF EQUIPMENT.—Before accepting any equipment under the authority provided by paragraph (1), the Commander of United States forces in Afghanistan shall make a determination that the equipment was procured for the purpose of meeting requirements of the security 

forces of Afghanistan, as agreed to by both the Government of 

Afghanistan and the United States, but is no longer required by 

such security forces or was damaged before transfer to such security forces. 

(3) ELEMENTS OF DETERMINATION.—In making a determination under paragraph (2) regarding equipment, the Commander of United States forces in Afghanistan shall consider 

alternatives to Secretary of Defense acceptance of the equipment. 

An explanation of each determination, including the basis for 

the determination and the alternatives considered, shall be included in the relevant quarterly report required under paragraph (5). 

(4) TREATMENT AS DEPARTMENT OF DEFENSE STOCKS.— Equipment accepted under the authority provided by paragraph 

(1) may be treated as stocks of the Department of Defense upon 

notification to the congressional defense committees of such 

treatment. 

(5) QUARTERLY REPORTS ON EQUIPMENT DISPOSITION.—Not 

later than 90 days after the date of the enactment of this Act 

and every 90-day period thereafter during which the authority 

provided by paragraph (1) is exercised, the Secretary of Defense 

shall submit to the congressional defense committees a report 

describing the equipment accepted under this subsection, section 

1531(d) of the National Defense Authorization Act for Fiscal 

Year 2014 (Public Law 113–66; 127 Stat. 938; 10 U.S.C. 2302 


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note), and section 1532(b) of the Carl Levin and Howard P. 

‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal 

Year 2015 (Public Law 113–291; 128 Stat. 3612) during the period covered by the report. Each report shall include a list of 

all equipment that was accepted during the period covered by 

the report and treated as stocks of the Department and copies 

of the determinations made under paragraph (2), as required by 

paragraph (3). 

(c) PLAN TO PROMOTE SECURITY OF AFGHAN WOMEN.— (1) REPORTING REQUIREMENT.—The Secretary of Defense, 

with the concurrence of the Secretary of State, shall include in 

each report required under section 1225 of the Carl Levin and 

Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act 

for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3550)— 

(A) a current assessment of the security of Afghan 

women and girls, including information regarding efforts 

to increase the recruitment and retention of women in the 

Afghan National Security Forces; and 

(B) a current assessment of the implementation of the 

plans for the recruitment, integration, retention, training, 

treatment, and provision of appropriate facilities and transportation for women in the Afghan National Security 

Forces, including the challenges associated with such implementation and the steps being taken to address those 

challenges. 

(2) PLAN REQUIRED.— (A) IN GENERAL.—The Secretary of Defense, with the 

concurrence of the Secretary of State, shall support, to the 

extent practicable, the efforts of the Government of Afghanistan to promote the security of Afghan women and girls 

during and after the security transition process through the 

development and implementation by the Government of Afghanistan of an Afghan-led plan that should include the 

elements described in this paragraph. 

(B) TRAINING.—The Secretary of Defense, with the concurrence of the Secretary of State and working with the 

NATO-led Resolute Support mission, should encourage the 

Government of Afghanistan to develop— 

(i) measures for the evaluation of the effectiveness 

of existing training for Afghan National Security 

Forces on this issue; 

(ii) a plan to increase the number of female security officers specifically trained to address cases of gender-based violence, including ensuring the Afghan National Police’s Family Response Units have the necessary resources and are available to women across Afghanistan; 

(iii) mechanisms to enhance the capacity for units 

of National Police’s Family Response Units to fulfill 

their mandate as well as indicators measuring the 

operational effectiveness of these units; 

(iv) a plan to address the development of accountability mechanisms for Afghanistan National Army 

and Afghanistan National Police personnel who violate 

codes of conduct relating to the human rights of women 


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and girls, including female members of the Afghan National Security Forces; 

(v) a plan to address the development of accountability mechanisms for Afghanistan National Army 

and Afghanistan National Police personnel who violate 

codes of conduct relating to protecting children from 

sexual abuse; and 

(vi) a plan to develop training for the Afghanistan 

National Army and the Afghanistan National Police to 

increase awareness and responsiveness among Afghanistan National Army and Afghanistan National Police 

personnel regarding the unique security challenges 

women confront when serving in those forces. 

(C) ENROLLMENT AND TREATMENT.—The Secretary of 

Defense, with the concurrence of the Secretary of State and 

in cooperation with the Afghan Ministries of Defense and 

Interior, shall seek to assist the Government of Afghanistan 

in including as part of the plan developed under subparagraph (A) the development and implementation of a plan to 

increase the number of female members of the Afghanistan 

National Army and the Afghanistan National Police and to 

promote their equal treatment, including through such 

steps as providing appropriate equipment, modifying facilities, and ensuring literacy and gender awareness training 

for recruits. 

(D) ALLOCATION OF FUNDS.— (i) IN GENERAL.—Of the funds available to the Department of Defense for the Afghan Security Forces 

Fund for fiscal year 2017, it is the goal that 

$25,000,000, but in no event less than $10,000,000, 

shall be used for— 

(I) the recruitment, integration, retention, 

training, and treatment of women in the Afghan 

National Security Forces; and 

(II) the recruitment, training, and contracting 

of female security personnel for future elections. 

(ii) TYPES OF PROGRAMS AND ACTIVITIES.—Such 

programs and activities may include— 

(I) efforts to recruit women into the Afghan 

National Security Forces, including the special operations forces; 

(II) programs and activities of the Afghan 

Ministry of Defense Directorate of Human Rights 

and Gender Integration and the Afghan Ministry 

of Interior Office of Human Rights, Gender and 

Child Rights; 

(III) development and dissemination of gender 

and human rights educational and training materials and programs within the Afghan Ministry of 

Defense and the Afghan Ministry of Interior; 

(IV) efforts to address harassment and violence against women within the Afghan National 

Security Forces; 

(V) improvements to infrastructure that address the requirements of women serving in the AfVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 00624 Fmt 6659 Sfmt 6603 E:\HR\OC\HR840.XXX HR840

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ghan National Security Forces, including appropriate equipment for female security and police 

forces, and transportation for policewomen to their 

station; 

(VI) support for Afghanistan National Police 

Family Response Units; and 

(VII) security provisions for high-profile female 

police and army officers. 

(d) REPORTING REQUIREMENT.— (1) SEMI-ANNUAL REPORTS.—Not later than January 31 

and July 31 of each year through January 31, 2021, the Secretary of Defense shall submit to the congressional defense committees a report summarizing the details of any obligation or 

transfer of funds from the Afghanistan Security Forces Fund 

during the preceding six-calendar month period. 

(2) CONFORMING REPEALS.—(A) Section 1513 of the National Defense Authorization Act for Fiscal Year 2008 (Public 

Law 110–181; 122 Stat. 428), as amended by section 1531(b) of 

the Ike Skelton National Defense Authorization Act for Fiscal 

Year 2011 (Public Law 111–383; 124 Stat. 4424), is further 

amended by striking subsection (g). 

(B) Section 1517 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 

Stat. 2442) is amended by striking subsection (f). 

SEC. 1522. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND. 

(a) USE AND TRANSFER OF FUNDS.—Subsection 1532(a) of the 

National Defense Authorization Act for Fiscal Year 2016 (Public 

Law 114–92; 129 Stat. 1091) is amended by striking ‘‘fiscal year 

2016’’ and inserting ‘‘fiscal years 2016 and 2017’’. 

(b) EXTENSION OF INTERDICTION OF IMPROVISED EXPLOSIVE DE- VICE PRECURSOR CHEMICALS AUTHORITY.—Subsection (c) of section 

1532 of the National Defense Authorization Act for Fiscal Year 2013 

(Public Law 112–239; 126 Stat. 2057) is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘for fiscal year 2013 and for fiscal year 

2016,’’ and inserting ‘‘for fiscal years 2013, 2016, and 

2017’’; 

(B) by inserting ‘‘with the concurrence of the Secretary 

of State’’ after ‘‘may be available to the Secretary of Defense’’; 

(C) by striking ‘‘of the Government of Pakistan’’ and inserting ‘‘of foreign governments’’; and 

(D) by striking ‘‘from Pakistan to locations in Afghanistan’’; 

(2) in paragraph (2), by striking ‘‘of the Government of 

Pakistan’’ and inserting ‘‘of foreign governments’’; and 

(3) in paragraph (4), as most recently amended by section 

1532(b)(2) of the National Defense Authorization Act for Fiscal 

Year 2016 (Public Law 114–92; 129 Stat. 1091), by striking 

‘‘December 31, 2016’’ and inserting ‘‘December 31, 2017’’. 

(c) NOTICE TO CONGRESS.—Paragraph (3) of such subsection is 

amended to read as follows: 

‘‘(3) NOTICE TO CONGRESS.— None of the funds made available pursuant to paragraph (1) may be obligated or expended 

to supply training, equipment, supplies, or services to a foreign 


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country before the date that is 15 days after the date on which 

the Secretary of Defense, in coordination with the Secretary of 

State, submits to the Committee on Armed Services and the 

Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs 

of the House of Representatives a notice that contains— 

‘‘(A) the foreign country for which training, equipment, 

supplies, or services are proposed to be supplied; 

‘‘(B) a description of the training, equipment, supplies, 

and services to be provided using such funds; 

‘‘(C) a detailed description of the amount of funds proposed to be obligated or expended to supply such training, 

equipment, supplies or services, including any funds proposed to be obligated or expended to support the participation of another department or agency of the United States 

and a description of the training, equipment, supplies, or 

services proposed to be supplied; 

‘‘(D) an evaluation of the effectiveness of the efforts of 

the foreign country identified under subparagraph (A) to 

counter the flow of improvised explosive device precursor 

chemicals; and 

‘‘(E) an overall plan for countering the flow of precursor chemicals in the foreign country identified under 

subparagraph (A).’’. 

SEC. 1523. EXTENSION OF AUTHORITY TO USE JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND FOR TRAINING OF FOREIGN SECURITY FORCES TO DEFEAT IMPROVISED EXPLOSIVE DEVICES. 

Section 1533(e) of the National Defense Authorization Act for 

Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1093) is amended 

by striking ‘‘September 30, 2018’’ and inserting ‘‘September 30, 

2020’’. 

SEC. 1524. OVERSEAS CONTINGENCY OPERATIONS. 

Funds are hereby authorized to be appropriated for fiscal year 

2017 for the Department of Defense for overseas contingency operations in such amounts as may be designated as provided in section 

251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

SEC. 1525. EXTENSION AND MODIFICATION OF AUTHORITIES ON 

COUNTERTERRORISM PARTNERSHIPS FUND. 

(a) EXTENSION.—Section 1534 of the Carl Levin and Howard P. 

‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 

2015 (Public Law 113–291; 128 Stat. 3616) is amended— 

(1) in subsection (a), by striking ‘‘Amounts authorized to be 

appropriated for fiscal year 2015 by this title’’ and inserting 

‘‘Subject to subsection (b), amounts authorized to be appropriated through fiscal year 2017’’; and 

(2) in subsection (h), by striking ‘‘December 31, 2016’’ and 

inserting ‘‘December 31, 2017’’. 

(b) LIMITATION ON USE OF FUNDS AUTHORIZED FOR FISCAL

YEAR 2016.—Such section is further amended— 

(1) by redesignating subsections (b) through (h) as subsections (c) through (i), respectively; and 

(2) by inserting after subsection (a) the following new subsection (b): 


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‘‘(b) LIMITATION ON USE OF FUNDS AUTHORIZED FOR FISCAL

YEAR 2016.—Amounts authorized to be appropriated for fiscal year 

2016 for the Counterterrorism Partnerships Fund may only be used 

for the purposes specified in subsection (a)(2). In the use of such 

amounts, any reference in this section to ‘subsection (a)’ shall be 

deemed to be a reference to ‘subsection (a)(2)’.’’. 

(c) ADMINISTRATION OF FUND.—Subsection (e) of such section, 

as redesignated by subsection (b)(1) of this section, is amended— 

(1) by striking paragraph (3); and 

(2) by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively. 

(d) REPORTS.—Subsection (h) of such section, as redesignated 

by subsection (b)(1) of this section, is amended— 

(1) in the matter preceding paragraph (1)— 

(A) by striking ‘‘and 2017’’ and inserting ‘‘2017, and 

2018’’; and 

(B) by striking ‘‘and 2016’’ and inserting ‘‘2016, and 

2017’’; 

(2) in paragraph (4), by striking ‘‘subsection (d)(5)’’ and inserting ‘‘subsection (e)(4)’’; and 

(3) in paragraph (5), by striking ‘‘subsection (f)’’ and inserting ‘‘subsection (g)’’. 

TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE 

MATTERS 

Subtitle A—Space Activities 

Sec. 1601. Repeal of provision permitting the use of rocket engines from the Russian 

Federation for the evolved expendable launch vehicle program. 

Sec. 1602. Exception to the prohibition on contracting with Russian suppliers of 

rocket engines for the evolved expendable launch vehicle program. 

Sec. 1603. Rocket propulsion system to replace RD–180. 

Sec. 1604. Plan for use of allied launch vehicles. 

Sec. 1605. Analysis of alternatives for wide-band communications. 

Sec. 1606. Modification of pilot program for acquisition of commercial satellite communication services. 

Sec. 1607. Space-based environmental monitoring. 

Sec. 1608. Prohibition on use of certain non-allied positioning, navigation, and timing systems. 

Sec. 1609. Limitation of availability of funds for the Joint Space Operations Center 

Mission System. 

Sec. 1610. Limitations on availability of funds for the Global Positioning System 

Next Generation Operational Control System. 

Sec. 1611. Availability of funds for certain secure voice conferencing capabilities. 

Sec. 1612. Space-based infrared system and advanced extremely high frequency program. 

Sec. 1613. Pilot program on commercial weather data. 

Sec. 1614. Plans on transfer of acquisition and funding authority of certain weather 

missions to National Reconnaissance Office. 

Sec. 1615. Five-year plan for Joint Interagency Combined Space Operations Center. 

Sec. 1616. Organization and management of national security space activities of the 

Department of Defense. 

Sec. 1617. Review of charter of Operationally Responsive Space Program Office. 

Sec. 1618. Backup and complementary positioning, navigation, and timing capabilities of Global Positioning System. 

Sec. 1619. Report on use of spacecraft assets of the space-based infrared system 

wide-field-of-view program. 

Sec. 1620. Provision of certain information to Government Accountability Office by 

National Reconnaissance Office. 

Sec. 1621. Cost-benefit analysis of commercial use of excess ballistic missile solid 

rocket motors. 

Sec. 1622. Independent assessment of Global Positioning System Next Generation 

Operational Control System. 


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Subtitle B—Defense Intelligence and Intelligence-Related Activities 

Sec. 1631. Report on United States Central Command Intelligence Fusion Center. 

Sec. 1632. Prohibition on availability of funds for certain relocation activities for 

NATO Intelligence Fusion Cell. 

Sec. 1633. Survey and review of Defense Intelligence Enterprise. 

Subtitle C—Cyberspace-Related Matters 

Sec. 1641. Special emergency procurement authority to facilitate the defense against 

or recovery from a cyber attack. 

Sec. 1642. Limitation on termination of dual-hat arrangement for Commander of 

the United States Cyber Command. 

Sec. 1643. Cyber mission forces matters. 

Sec. 1644. Requirement to enter into agreements relating to use of cyber opposition 

forces. 

Sec. 1645. Cyber protection support for Department of Defense personnel in positions 

highly vulnerable to cyber attack. 

Sec. 1646. Limitation on full deployment of joint regional security stacks. 

Sec. 1647. Advisory committee on industrial security and industrial base policy. 

Sec. 1648. Change in name of National Defense University’s Information Resources 

Management College to College of Information and Cyberspace. 

Sec. 1649. Evaluation of cyber vulnerabilities of F–35 aircraft and support systems. 

Sec. 1650. Evaluation of cyber vulnerabilities of Department of Defense critical infrastructure. 

Sec. 1651. Strategy to incorporate Army reserve component cyber protection teams 

into Department of Defense cyber mission force. 

Sec. 1652. Strategic Plan for the Defense Information Systems Agency. 

Sec. 1653. Plan for information security continuous monitoring capability and comply-to-connect policy; limitation on software licensing. 

Sec. 1654. Reports on deterrence of adversaries in cyberspace. 

Sec. 1655. Sense of Congress on cyber resiliency of the networks and communications systems of the National Guard. 

Subtitle D—Nuclear Forces 

Sec. 1661. Improvements to Council on Oversight of National Leadership Command, 

Control, and Communications System. 

Sec. 1662. Treatment of certain sensitive information by State and local governments. 

Sec. 1663. Procurement authority for certain parts of intercontinental ballistic missile fuzes. 

Sec. 1664. Prohibition on availability of funds for mobile variant of ground-based 

strategic deterrent missile. 

Sec. 1665. Limitation on availability of funds for extension of New START Treaty. 

Sec. 1666. Certifications regarding integrated tactical warning and attack assessment mission of the Air Force. 

Sec. 1667. Matters relating to intercontinental ballistic missiles. 

Sec. 1668. Requests for forces to meet security requirements for land-based nuclear 

forces. 

Sec. 1669. Report on Russian and Chinese political and military leadership survivability, command and control, and continuity of government programs 

and activities. 

Sec. 1670. Review by Comptroller General of the United States of recommendations 

relating to nuclear enterprise of Department of Defense. 

Sec. 1671. Sense of Congress on nuclear deterrence. 

Sec. 1672. Sense of Congress on importance of independent nuclear deterrent of 

United Kingdom. 

Subtitle E—Missile Defense Programs 

Sec. 1681. National missile defense policy. 

Sec. 1682. Extensions of prohibitions relating to missile defense information and 

systems. 

Sec. 1683. Non-terrestrial missile defense intercept and defeat capability for the ballistic missile defense system. 

Sec. 1684. Review of the missile defeat policy and strategy of the United States. 

Sec. 1685. Maximizing Aegis Ashore capability and developing medium range discrimination radar. 

Sec. 1686. Technical authority for integrated air and missile defense activities and 

programs. 

Sec. 1687. Hypersonic defense capability development. 


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Sec. 1688. Conventional Prompt Global Strike weapons system. 

Sec. 1689. Required testing by Missile Defense Agency of ground-based midcourse 

defense element of ballistic missile defense system. 

Sec. 1690. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program codevelopment and coproduction. 

Sec. 1691. Limitations on availability of funds for lower tier air and missile defense 

capability of the Army. 

Sec. 1692. Pilot program on loss of unclassified, controlled technical information. 

Sec. 1693. Plan for procurement of medium-range discrimination radar to improve 

homeland missile defense. 

Sec. 1694. Review of Missile Defense Agency budget submissions for ground-based 

midcourse defense and evaluation of alternative ground-based interceptor deployments. 

Sec. 1695. Semiannual notifications on missile defense tests and costs. 

Sec. 1696. Reports on unfunded priorities of the Missile Defense Agency. 

Subtitle F—Other Matters 

Sec. 1697. Protection of certain facilities and assets from unmanned aircraft. 

Sec. 1698. Harmful interference to Department of Defense Global Positioning System. 

Subtitle A—Space Activities 

SEC. 1601. REPEAL OF PROVISION PERMITTING THE USE OF ROCKET 

ENGINES FROM THE RUSSIAN FEDERATION FOR THE 

EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM. 

Section 8048 of the Department of Defense Appropriations Act, 

2016 (division C of Public Law 114–113; 129 Stat. 2363) is repealed. 

SEC. 1602. EXCEPTION TO THE PROHIBITION ON CONTRACTING WITH 

RUSSIAN SUPPLIERS OF ROCKET ENGINES FOR THE 

EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM. 

Section 1608 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon 

National Defense Authorization Act for Fiscal Year 2015 (Public 

Law 113–291; 128 Stat. 3626; 10 U.S.C. 2271 note), as amended by 

section 1607 of the National Defense Authorization Act for Fiscal 

Year 2016 (Public Law 114–92; 129 Stat. 1100), is further amended 

by striking subsection (c) and inserting the following new subsection: 

‘‘(c) EXCEPTION.—The prohibition in subsection (a) shall not 

apply to any of the following: 

‘‘(1) The placement of orders or the exercise of options under 

the contract numbered FA8811–13–C–0003 and awarded on December 18, 2013. 

‘‘(2) Contracts that are awarded during the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017 and ending December 31, 

2022, for the procurement of property or services for space 

launch activities that include the use of a total of 18 rocket engines designed or manufactured in the Russian Federation, in 

addition to the Russian-designed or Russian-manufactured engines to which paragraph (1) applies.’’. 

SEC. 1603. ROCKET PROPULSION SYSTEM TO REPLACE RD–180. 

Section 1604 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon 

National Defense Authorization Act for Fiscal Year 2015 (Public 

Law 113–291; 128 Stat. 3623; 10 U.S.C. 2273 note), as amended by 

section 1606 of the National Defense Authorization Act for Fiscal 

Year 2016 (Public Law 114–92; 129 Stat. 1099), is further amended 


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by striking subsection (d) and inserting the following new subsections: 

‘‘(d) USE OF FUNDS UNDER DEVELOPMENT PROGRAM.— 

‘‘(1) DEVELOPMENT OF ROCKET PROPULSION SYSTEM.—The 

funds described in paragraph (2)— 

‘‘(A) may be obligated or expended for— 

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

‘‘(ii) the necessary interfaces to, or integration of, 

the rocket propulsion system with an existing or new 

launch vehicle; and 

‘‘(B) except as provided by paragraph (3), may not be 

obligated or expended to develop or procure a launch vehicle, an upper stage, a strap-on motor, or related infrastructure. 

‘‘(2) FUNDS DESCRIBED.—The funds described in this paragraph are the following: 

‘‘(A) Funds authorized to be appropriated by the National Defense Authorization Act for Fiscal Year 2017 or 

otherwise made available for fiscal year 2017 for the Department of Defense for the development of the rocket propulsion system under subsection (a). 

‘‘(B) Funds authorized to be appropriated by this Act or 

the National Defense Authorization Act for Fiscal Year 

2016 or otherwise made available for fiscal years 2015 or 

2016 for the Department of Defense for the development of 

the rocket propulsion system under subsection (a) that are 

unobligated as of the date of the enactment of the National 

Defense Authorization Act for Fiscal Year 2017. 

‘‘(3) OTHER PURPOSES.—The Secretary may obligate or expend not more than a total of the amount calculated under 

paragraph (4) of the funds that are authorized to be appropriated by the National Defense Authorization Act for Fiscal 

Year 2017 or otherwise made available for fiscal year 2017 for 

the rocket propulsion system and launch system investment for 

activities not authorized by paragraph (1)(A), including for developing a launch vehicle, an upper stage, a strap-on motor, or 

related infrastructure. The Secretary may exceed such limit calculated under paragraph (4) in fiscal year 2017 for such purposes if— 

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

‘‘(i) the development of the rocket propulsion system is being carried out pursuant to paragraph (1)(A) 

in a manner that ensures that the rocket propulsion 

system will meet each requirement under subsection 

(a)(2); and 

‘‘(ii) such obligation or expenditure will not negatively affect the development of the rocket propulsion 

system, including with respect to meeting such requirements; and 

‘‘(B) the reprogramming or transfer is carried out in 

accordance with established procedures for reprogramming 


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or transfers, including with respect to presenting a request 

for a reprogramming of funds. 

‘‘(4) CALCULATION OF AMOUNTS FOR OTHER PURPOSES.—In 

carrying out paragraph (3), the Secretary shall calculate the 

amount of the funds specified in such paragraph as follows: 

‘‘(A) If the total amount of funds that are authorized to 

be appropriated by the National Defense Authorization Act 

for Fiscal Year 2017 or otherwise made available for fiscal 

year 2017 for the rocket propulsion system and launch system investment is equal to or less than $320,000,000, such 

amount shall equal 31 percent. 

‘‘(B) If the total amount of funds that are authorized to 

be appropriated by the National Defense Authorization Act 

for Fiscal Year 2017 or otherwise made available for fiscal 

year 2017 for the rocket propulsion system and launch system investment is greater than $320,000,000, such amount 

shall equal the difference of— 

‘‘(i) the amount of funds so authorized to be appropriated, minus 

‘‘(ii) $220,000,000. 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) The term ‘appropriate congressional committees’ 

means— 

‘‘(A) the congressional defense committees; and 

‘‘(B) the Permanent Select Committee on Intelligence of 

the House of Representatives and the Select Committee on 

Intelligence of the Senate. 

‘‘(2) The term ‘rocket propulsion system’ means, with respect 

to the development authorized by subsection (a), a main booster, 

first-stage rocket engine or motor. The term does not include a 

launch vehicle, an upper stage, a strap-on motor, or related infrastructure.’’. 

SEC. 1604. PLAN FOR USE OF ALLIED LAUNCH VEHICLES. 

(a) PLAN.—The Secretary of Defense, in coordination with the 

Director of National Intelligence, shall develop a plan to use allied 

launch vehicles to meet the requirements for achieving the policy relating to assured access to space set forth in section 2273 of title 10, 

United States Code, in the event that such requirements cannot be 

met, for a limited period, using only launch vehicles of the United 

States. 

(b) ASSESSMENTS.—In developing the plan required by subsection (a), the Secretary shall conduct assessments of the following: 

(1) What satellites of the United States would be appropriate to be launched on an allied launch vehicle. 

(2) The relevant laws, regulations, and policies governing 

the launch of national security satellites and whether any legislative, regulatory, or policy actions (including with respect to 

waivers) would be necessary to allow for the launch of a national security satellite on an allied launch vehicle. 

(3) The certification requirements for using allied launch 

vehicles pursuant to the plan and the estimated cost, schedule, 

and actions that would be necessary to certify allied launch vehicles. 

(4) Any other matters the Secretary determines appropriate. 


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(c) SUBMISSION TO CONGRESS.—Not later than 180 days after 

the date of the enactment of this Act, the Secretary shall submit to 

the appropriate congressional committees a report on the plan required by subsection (a) and the assessments required by subsection 

(b). 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘allied launch vehicle’’ means a launch vehicle 

of the government of a country that is an ally of the United 

States. The term does not include a launch vehicle of the Government of the Russian Federation, the Government of the People’s Republic of China, the Government of the Islamic Republic 

of Iran, or the Government of the Democratic People’s Republic 

of Korea. 

(2) The term ‘‘appropriate congressional committees’’ 

means— 

(A) the congressional defense committees; and 

(B) the Permanent Select Committee on Intelligence of 

the House of Representatives and the Select Committee on 

Intelligence of the Senate. 

(3) The term ‘‘national security satellite’’ means a satellite 

launched for national security purposes, including such a satellite launched by the Air Force, the Navy, or the National Reconnaissance Office, or any other element of the Department of 

Defense. 

SEC. 1605. ANALYSIS OF ALTERNATIVES FOR WIDE-BAND COMMUNICATIONS. 

Section 1611 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1103) is amended by 

striking subsection (b) and inserting the following new subsections: 

‘‘(b) SCOPE.— ‘‘(1) STUDY GUIDANCE.—In conducting the analysis of alternatives under subsection (a), the Secretary shall develop study 

guidance that requires such analysis to include the full range 

of military and commercial satellite communications capabilities, acquisition processes, and service delivery models. 

‘‘(2) OTHER CONSIDERATIONS.—The Secretary shall ensure 

that— 

‘‘(A) any cost assessments of military or commercial 

satellite communications systems included in the analysis 

of alternatives conducted under subsection (a) include detailed full life-cycle costs, as applicable, including with respect to— 

‘‘(i) military personnel, military construction, military infrastructure operation, maintenance costs, and 

ground and user terminal impacts; and 

‘‘(ii) any other costs regarding military or commercial satellite communications systems the Secretary determines appropriate; and 

‘‘(B) such analysis identifies any considerations relating to the use of military versus commercial systems. 

‘‘(c) COMPTROLLER GENERAL REPORT.— 

‘‘(1) SUBMISSION.—Upon completion of the analysis of alternatives conducted under subsection (a), the Secretary shall submit such analysis to the Comptroller General of the United 

States. 


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‘‘(2) REPORT.—Not later than 120 days after the date on 

which the Comptroller General receives the analysis of alternatives under paragraph (1), the Comptroller General shall 

submit to the congressional defense committees a report containing— 

‘‘(A) a review of the analysis; and 

‘‘(B) an assessment of the types of analyses the Secretary has conducted to understand the costs and benefits 

of the use of KA-band commercial satellite communications 

by the Department of Defense. 

‘‘(3) MATTERS INCLUDED.—The report under paragraph (2) 

shall include the following: 

‘‘(A) With respect to the review of the analysis of alternatives conducted under subsection (a)— 

‘‘(i) whether, and to what extent, the Secretary— 

‘‘(I) conducted such analysis using best practices; 

‘‘(II) fully addressed the concerns of the acquisition, operational, and user communities; and 

‘‘(III) complied with subsection (b); and 

‘‘(ii) a description of how the Secretary identified 

the requirements and assessed and addressed the cost, 

schedule, and risks posed for each alternative included 

in such analysis. 

‘‘(B) With respect to the assessment under paragraph 

(2)(B)— 

‘‘(i) whether the Secretary has evaluated the use of 

KA-band commercial satellite communications, based 

on total cost, capabilities, and interoperability with existing or planned terminals; and 

‘‘(ii) such other matters as the Comptroller General 

considers appropriate. 

‘‘(d) BRIEFINGS.—Not later than 90 days after the date of the 

enactment of the National Defense Authorization Act for Fiscal Year 

2017, and semiannually thereafter until the date on which the analysis of alternatives conducted under subsection (a) is completed, the 

Secretary shall provide the Committees on Armed Services of the 

House of Representatives and the Senate (and any other congressional defense committee upon request) a briefing on such analysis.’’. 

SEC. 1606. MODIFICATION OF PILOT PROGRAM FOR ACQUISITION OF 

COMMERCIAL SATELLITE COMMUNICATION SERVICES. 

(a) IMPLEMENTATION OF GOALS.—Section 1605 of the Carl 

Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 2208 

note), as amended by section 1612 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 

1103), is further amended by adding at the end the following new 

subsection: 

‘‘(e) IMPLEMENTATION OF GOALS.—In developing and carrying 

out the pilot program under subsection (a)(1), by not later than September 30, 2017, the Secretary shall take actions to begin the implementation of each goal specified in subsection (b).’’. 

(b) LIMITATION.—Of the funds authorized to be appropriated by 

this Act or otherwise made available for fiscal year 2017 for the 


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headquarters operations of the Air Force Space Command, not more 

than 95 percent may be obligated or expended until the date on 

which the Secretary of Defense submits to the congressional defense 

committees a plan to demonstrate that the pilot program under section 1605 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 

113–291; 10 U.S.C. 2208 note) will achieve order-of-magnitude improvements in satellite communications capability, as required by 

subsection (b)(5) of such section. 

SEC. 1607. SPACE-BASED ENVIRONMENTAL MONITORING. 

(a) ROLES OF DOD AND NOAA.— 

(1) MECHANISMS.—The Secretary of Defense and the Administrator of the National Oceanic and Atmospheric Administration shall jointly establish mechanisms to collaborate and coordinate in defining the roles and responsibilities of the Department of Defense and the National Oceanic and Atmospheric Administration to— 

(A) carry out space-based environmental monitoring; 

and 

(B) plan for future non-governmental space-based environmental monitoring capabilities, as appropriate. 

(2) RULE OF CONSTRUCTION.—Nothing in paragraph (1) 

may be construed to authorize a joint satellite program of the 

Department of Defense and the National Oceanic and Atmospheric Administration. 

(b) REPORT.—Not later than 120 days after the date of the enactment of this Act, the Secretary and the Administrator shall jointly submit to the appropriate congressional committees a report on 

the mechanisms established under subsection (a)(1). 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the congressional defense committees; 

(2) the Committee on Science, Space, and Technology of the 

House of Representatives; and 

(3) the Committee on Commerce, Science, and Transportation of the Senate. 

SEC. 1608. PROHIBITION ON USE OF CERTAIN NON-ALLIED POSITIONING, NAVIGATION, AND TIMING SYSTEMS. 

(a) PROHIBITION.—During the period beginning not later than 

60 days after the date of the enactment of this Act and ending on 

September 30, 2018, the Secretary of Defense shall ensure that the 

Armed Forces and each element of the Department of Defense do not 

use a non-allied positioning, navigation, and timing system or service provided by such a system. 

(b) WAIVER.—The Secretary may waive the prohibition in subsection (a) if— 

(1) the Secretary determines that the waiver is— 

(A) in the national security interest of the United 

States; and 

(B) necessary to mitigate exigent operational concerns; 

(2) the Secretary notifies, in writing, the appropriate congressional committees of such waiver; and 


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(3) a period of 30 days has elapsed following the date of 

such notification. 

(c) ASSESSMENT.—Not later than 120 days after the date of the 

enactment of this Act, the Secretary of Defense, the Chairman of the 

Joint Chiefs of Staff, and the Director of National Intelligence shall 

jointly submit to the appropriate congressional committees an assessment of the risks to national security and to the operations and 

plans of the Department of Defense from using a non-allied positioning, navigation, and timing system or service provided by such 

a system. Such assessment shall— 

(1) address risks regarding— 

(A) espionage, counterintelligence, and targeting; 

(B) the use of the Global Positioning System by allies 

and partners of the United States and others; and 

(C) harmful interference to the Global Positioning System; and 

(2) include any other matters the Secretary, the Chairman, 

and the Director determine appropriate. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ 

means— 

(A) the congressional defense committees; and 

(B) the Permanent Select Committee on Intelligence of 

the House of Representatives and the Select Committee on 

Intelligence of the Senate. 

(2) The term ‘‘non-allied positioning, navigation, and timing system’’ means any of the following systems: 

(A) The Beidou system. 

(B) The Glonass global navigation satellite system. 

SEC. 1609. LIMITATION OF AVAILABILITY OF FUNDS FOR THE JOINT 

SPACE OPERATIONS CENTER MISSION SYSTEM. 

None of the funds authorized to be appropriated by this Act or 

otherwise made available for fiscal year 2017 for increment 3 of the 

Joint Space Operations Center Mission System may be obligated or 

expended until the date on which the Secretary of the Air Force, in 

coordination with the Commander of the United States Strategic 

Command, submits to the congressional defense committees a report 

on such increment, including— 

(1) an acquisition strategy and strategic plan for such increment that includes— 

(A) the space battlement management, communication, 

and control capabilities, as of the date of the enactment of 

this Act; 

(B) the plan to develop and perform space battlement 

management, communication, and control capabilities in 

the future; and 

(C) the critical elements described in subparagraphs 

(A) and (B) that will require common software and hardware in other similar space battle management software 

and systems to promote a common operating environment 

and reduce acquisition costs and long-term maintenance requirements; 

(2) the warfighter requirements of such increment; 

(3) the funding and schedule for such increment; 


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(4) the strategy for use of commercially available capabilities, as appropriate, relating to such increment to rapidly address warfighter requirements, including the market research 

and evaluation of such commercial capabilities; and 

(5) the relationship of such increment with the other related 

activities and investments of the Department of Defense. 

SEC. 1610. LIMITATIONS ON AVAILABILITY OF FUNDS FOR THE GLOBAL POSITIONING SYSTEM NEXT GENERATION OPERATIONAL CONTROL SYSTEM. 

(a) LIMITATION UNTIL CERTIFICATION.—Of the funds authorized 

to be appropriated by this Act or otherwise made available for fiscal 

year 2017 for the Global Positioning System Next Generation Operational Control System (in this section referred to as ‘‘OCX’’), not 

more than five percent may be obligated or expended for the current 

product development contract for the OCX, or for any other purpose 

in connection with the OCX, until the date on which the Secretary 

of Defense submits to Congress the certification on the OCX required 

pursuant to section 2433a(b) of title 10, United States Code, as a 

result of the determination not to terminate the procurement of the 

OCX. 

(b) ADDITIONAL LIMITATION UNTIL INITIAL BRIEFING.—In addition to the limitation in subsection (a), of the funds authorized to 

be appropriated by this Act or otherwise made available for fiscal 

year 2017 for the OCX, not more than 50 percent may be obligated 

or expended for the current product development contract for the 

OCX, or for any other purpose in connection with the OCX, unless— 

(1) the Secretary has submitted to Congress the certification 

described in subsection (a); and 

(2) not earlier than January 15, 2017, the Secretary provides to the congressional defense committees a briefing on the 

OCX with respect to— 

(A) the status of the OCX program, including information on the risks, costs, and schedule, and technical information; 

(B) contingency plans and investments, and the status 

of such plans and investments; 

(C) an assessment of the OCX by the Director of Operational Test and Evaluation; and 

(D) the total program cost that is validated by the Director of Cost Assessment and Program and a five-year 

budget that is based on an updated and rebaselined program cost. 

(c) ADDITIONAL LIMITATION UNTIL SECOND BRIEFING.—In addition to the limitations in subsection (a) and (b), of the funds authorized to be appropriated by this Act or otherwise made available for 

fiscal year 2017 for the OCX, not more than 75 percent may be obligated or expended for the current product development contract for 

the OCX, or for any other purpose in connection with the OCX, unless— 

(1) the Secretary has submitted to Congress the certification 

described in subsection (a); 

(2) the Secretary has provided to the congressional defense 

committees the briefing under subsection (b)(2); and 


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(3) not earlier than March 15, 2017, the Secretary provides 

to the congressional defense committees an update to such briefing. 

(d) ADJUSTMENT OF BRIEFING DATES.—The Secretary may provide the briefing under subsection (b)(2) or subsection (c)(3), respectively, before the date specified by such subsection if the Secretary 

determines that providing such briefing before such date is necessary for the national security interests of the United States. 

SEC. 1611. AVAILABILITY OF FUNDS FOR CERTAIN SECURE VOICE CONFERENCING CAPABILITIES. 

Of the funds authorized to be appropriated or otherwise made 

available by the Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 

113–291) or the National Defense Authorization Act for Fiscal Year 

2016 (Public Law 114–92) or otherwise made available for fiscal 

years 2015 or 2016 for research, development, test, and evaluation, 

Air Force, and available for obligation as of the date of the enactment of this Act, not more than $10,200,000 may be used to support 

the accomplishment by the Air Force of integration and associated 

critical testing and systems engineering activities for the Presidential and National Voice Conferencing program and the Advanced Extremely High Frequency Extended Data Rate, worldwide, 

secure, survivable voice conferencing capability for the President 

and national leaders, as described in the reprogramming action 

prior approval request submitted by the Under Secretary of Defense 

(Comptroller) to Congress on March 3, 2016. 

SEC. 1612. SPACE-BASED INFRARED SYSTEM AND ADVANCED EXTREMELY HIGH FREQUENCY PROGRAM. 

(a) LIMITATION ON DEVELOPMENT AND ACQUISITION OF ALTER- NATIVES.— 

(1) LIMITATION.—Except as provided by paragraph (4), the 

Secretary of Defense may not develop or acquire an alternative 

to the space-based infrared system program of record or develop 

or acquire an alternative to the advanced extremely high frequency program of record until the date on which the Commander of the United States Strategic Command and the Director of the Space Security and Defense Program, in consultation 

with the Defense Intelligence Officer for Science and Technology 

of the Defense Intelligence Agency, jointly submit to the appropriate congressional committees the assessments described in 

paragraph (2) for the respective program. 

(2) ASSESSMENT.—The assessments described in this paragraph are— 

(A) an assessment of the resilience and mission assurance of each alternative to the space-based infrared system 

being considered by the Secretary of the Air Force; and 

(B) an assessment of the resilience and mission assurance of each alternative to the advanced extremely high frequency program being considered by the Secretary of the 

Air Force. 

(3) ELEMENTS.—An assessment described in paragraph (2) 

shall include, with respect to each alternative to the space-based 

infrared system program of record and each alternative to the 

advanced extremely high frequency program of record being 

considered by the Secretary of the Air Force, the following: 


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(A) The requirements for resilience and mission assurance. 

(B) The criteria to measure such resilience and mission 

assurance. 

(C) How the alternative affects— 

(i) deterrence and full spectrum warfighting; 

(ii) warfighter requirements and relative costs to 

include ground station and user terminals; 

(iii) the potential order of battle of adversaries; 

and 

(iv) the required capabilities of the broader space 

security and defense enterprise. 

(4) EXCEPTION.—The limitation in paragraph (1) shall not 

apply to efforts to examine and develop technology insertion opportunities for the space-based infrared system program of 

record or the satellite communications programs of record. 

(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ means 

the following: 

(1) With respect to the submission of the assessment described in subparagraph (A) of subsection (a)(2), the— 

(A) the congressional defense committees; and 

(B) the Permanent Select Committee on Intelligence of 

the House of Representatives. 

(2) With respect to the submission of the assessment described in subparagraph (B) of subsection (a)(2), the congressional defense committees. 

SEC. 1613. PILOT PROGRAM ON COMMERCIAL WEATHER DATA. 

(a) IN GENERAL.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense shall establish a pilot 

program to assess the viability of commercial satellite weather data 

to support requirements of the Department of Defense. 

(b) DURATION.—The Secretary may carry out the pilot program 

under subsection (a) for a period not exceeding one year. 

(c) BRIEFINGS.— (1) INTERIM BRIEFING.—Not later than 60 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

provide a briefing to the Committees on Armed Services of the 

House of Representatives and the Senate (and to any other congressional defense committee upon request) demonstrating how 

the Secretary plans to implement the pilot program under subsection (a). 

(2) FINAL BRIEFING.—Not later than 90 days after the pilot 

program under subsection (a) is completed, the Secretary shall 

provide a briefing to the Committees on Armed Services of the 

House of Representatives and the Senate (and to any other congressional defense committee upon request) on the utility, cost, 

and other considerations regarding the purchase of commercial 

satellite weather data to support the requirements of the Department of Defense. 

SEC. 1614. PLANS ON TRANSFER OF ACQUISITION AND FUNDING AUTHORITY OF CERTAIN WEATHER MISSIONS TO NATIONAL 

RECONNAISSANCE OFFICE. 

(a) LIMITATION.—Except as provided by subsection (c), of the 

funds authorized to be appropriated by this Act or otherwise made 


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available for fiscal year 2017 for research, development, test, and 

evaluation, Air Force, for the weather satellite follow-on system, not 

more than 50 percent may be obligated or expended until the date 

on which the Secretary of the Air Force submits to the appropriate 

congressional committees the plan under subsection (b)(1). 

(b) PLANS FOR TRANSFER OF AUTHORITY.— (1) AIR FORCE PLAN.—Except as provided by subsection (c), 

the Secretary of the Air Force shall develop a plan for the Air 

Force to transfer, beginning with fiscal year 2018, the acquisition authority and the funding authority for covered spacebased environmental monitoring missions from the Air Force to 

the National Reconnaissance Office, including a description of 

the amount of funds that would be necessary to be transferred 

from the Air Force to the National Reconnaissance Office during fiscal years 2018 through 2022 to carry out such plan. 

(2) NRO PLAN.— 

(A) Except as provided by subsection (c), the Director of 

the National Reconnaissance Office shall develop a plan for 

the National Reconnaissance Office to address how to carry 

out covered space-based environmental monitoring missions. Such plan shall include— 

(I) a description of the related national security requirements for such missions; 

(ii) a description of the appropriate manner to 

meet such requirements; and 

(iii) the amount of funds that would be necessary 

to be transferred from the Air Force to the National Reconnaissance Office during fiscal years 2018 through 

2022 to carry out such plan. 

(B) In developing the plan under subparagraph (A), the 

Director may conduct pre-acquisition activities, including 

with respect to requests for information, analyses of alternatives, study contracts, modeling and simulation, and 

other activities the Director determines necessary to develop 

such plan. 

(C) Except as provided by subsection (c), the Director 

shall submit to the appropriate congressional committees 

such plan by not later than July 1, 2017. 

(3) INDEPENDENT COST ESTIMATE.—The Director of the Cost 

Assessment Improvement Group of the Office of the Director of 

National Intelligence, in coordination with the Director of Cost 

Assessment and Program Evaluation, shall certify to the appropriate congressional committees that the amounts of funds identified under paragraphs (1) and (2)(A)(iii) as being necessary to 

transfer are appropriate and include funding for positions and 

personnel to support program office costs. 

(c) WAIVER BASED ON REPORT AND CERTIFICATION OF AIR

FORCE ACQUISITION PROGRAM.—The Secretary of the Air Force may 

waive the limitation in subsection (a) and the requirement to develop a plan under subsection (b)(1), and the Director of the National Reconnaissance Office may waive the requirement to develop 

a plan under subsection (b)(2), if the Under Secretary of Defense for 

Acquisition, Technology, and Logistics and the Chairman of the 

Joint Chiefs of Staff jointly submit to the appropriate congressional 

committees a report by not later than July 1, 2017, that contains— 


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(1) a certification that the Secretary of the Air Force is carrying out a formal acquisition program that has received Milestone A approval to address the cloud characterization and theater weather imagery requirements of the Department of Defense; and 

(2) an identification of the cost, schedule, requirements, and 

acquisition strategy of such acquisition program. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ 

means— 

(A) the congressional defense committees; and 

(B) the Permanent Select Committee on Intelligence of 

the House of Representatives the Select Committee on Intelligence of the Senate. 

(2) The term ‘‘covered space-based environmental monitoring missions’’ means the acquisition programs necessary to 

meet the national security requirements for cloud characterization and theater weather imagery. 

(3) The term ‘‘Milestone A approval’’ has the meaning given 

that term in section 2366a(d) of title 10, United States Code. 

SEC. 1615. FIVE-YEAR PLAN FOR JOINT INTERAGENCY COMBINED 

SPACE OPERATIONS CENTER. 

(a) PLAN.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the 

Director of National Intelligence, shall submit to the appropriate 

congressional committees a plan for the Joint Interagency Combined 

Space Operations Center for the five-year period beginning on such 

date of enactment that includes— 

(1) a description of the roles, responsibilities, and objective 

of the Center; 

(2) an estimate of funding during the period covered by the 

current future-years defense program under section 221 of title 

10, United States Code, needed for the Center that includes a 

description of contributions from other Federal agencies; 

(3) an estimate of the personnel needed for the Center, listed by military personnel, civilian personnel, and contractor personnel, and the organization or commercial entity such personnel are representing; 

(4) a description of planned activities of the Center; 

(5) a description of planned use of commercial capabilities 

by the Center, as appropriate; 

(6) a description of how the Center will complement and 

support the mission of the Joint Space Operations Center; and 

(7) a description of the command and control of the related 

operations of the Joint Interagency Combined Space Operations 

Center. 

(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the congressional defense committees; and 

(2) the Permanent Select Committee on Intelligence of the 

House of Representatives and the Select Committee on Intelligence of the Senate. 


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SEC. 1616. ORGANIZATION AND MANAGEMENT OF NATIONAL SECURITY SPACE ACTIVITIES OF THE DEPARTMENT OF DEFENSE. 

(a) FINDINGS.—Congress finds the following: 

(1) National security space capabilities are a vital element 

of the national defense of the United States. 

(2) The advantages of the United States in national security space are now threatened to an unprecedented degree by 

growing and serious counterspace capabilities of potential foreign adversaries, and the space advantages of the United States 

must be protected. 

(3) The Department of Defense has recognized the threat 

and has taken initial steps necessary to defend space, however 

the organization and management may not be strategically postured to fully address this changed domain of operations over 

the long term. 

(4) The defense of space is currently a priority for the leaders of the Department, however the space mission is managed 

within competing priorities of each of the Armed Forces. 

(5) Space elements provide critical capabilities to all of the 

Armed Forces in the joint fight, however the disparate activities 

throughout the Department have no single leader that is empowered to make decisions affecting the space forces of the Department. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that, to 

modernize and fully address the growing threat to the national security space advantage of the United States, the Secretary of Defense must evaluate the range of options and take further action to 

strengthen the leadership, management, and organization of the national security space activities of the Department of Defense, including with respect to— 

(1) unifying, integrating, and de-conflicting activities to 

provide for stronger prioritization, accountability, coherency, 

focus, strategy, and integration of the joint space program of the 

Department; 

(2) streamlining decision-making, limiting unnecessary bureaucracy, and empowering the appropriate level of authority, 

while enabling effective oversight; 

(3) maintaining the involvement of each of the Armed 

Forces and adapting the culture and improving the capabilities 

of the workforce to ensure the workforce has the appropriate 

training, experience, and tools to accomplish the mission; and 

(4) reviewing authorities and preparing for a conflict that 

could extend to space. 

(c) RECOMMENDATIONS.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense and the Director of the Office of Management and Budget shall each separately 

submit to the appropriate congressional committees recommendations to— 

(1) in accordance with subsection (b), strengthen the leadership, management, and organization of the Department of Defense with respect to the national security space activities of the 

Department; and 

(2) address the findings covered in the report of the Comptroller General of the United States numbered GAO–16–592R 


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regarding space acquisition and oversight of the Department of 

Defense. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, the term ‘‘appropriate congressional committees’’ means the following: 

(1) The congressional defense committees. 

(2) The Permanent Select Committee on Intelligence of the 

House of Representatives and the Select Committee on Intelligence of the Senate. 

SEC. 1617. REVIEW OF CHARTER OF OPERATIONALLY RESPONSIVE 

SPACE PROGRAM OFFICE. 

(a) REVIEW.—The Secretary of Defense shall conduct a review of 

charter of the Operationally Responsive Space Program Office established by section 2273a of title 10, United States Code (in this section referred to as the ‘‘Office’’). 

(b) ELEMENTS.—The review under subsection (a) shall include 

the following: 

(1) A review of the key operationally responsive space needs 

with respect to the warfighter and with respect to national security. 

(2) How the Office could fit into the broader resilience and 

space security strategy of the Department of Defense. 

(3) An assessment of the potential of the Office to focus on 

the reconstitution capabilities with small satellites using lowcost launch vehicles and existing infrastructure. 

(4) An assessment of the potential of the Office to leverage 

existing or planned commercial capabilities. 

(5) A review of the necessary workforce specialties and acquisition authorities of the Office. 

(6) A review of the funding profile of the Office. 

(7) A review of the organizational placement and reporting 

structure of the Office. 

(c) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional 

defense committees a report containing the review under subsection 

(a), including any recommendations for legislative actions based on 

such review. 

SEC. 1618. BACKUP AND COMPLEMENTARY POSITIONING, NAVIGATION, 

AND TIMING CAPABILITIES OF GLOBAL POSITIONING SYSTEM. 

(a) STUDY.— 

(1) IN GENERAL.—The covered Secretaries shall jointly conduct a study to assess and identify the technology-neutral requirements to backup and complement the positioning, navigation, and timing capabilities of the Global Positioning System 

for national security and critical infrastructure. 

(2) REPORT.—Not later than one year after the date of the 

enactment of this Act, the covered Secretaries shall submit to 

the appropriate congressional committees a report on the study 

under paragraph (1). Such report shall include— 

(A) with respect to the Department of each covered Secretary, the identification of the respective requirements to 

backup and complement the positioning, navigation, and 

timing capabilities of the Global Positioning System for national security and critical infrastructure; 


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(B) an analysis of alternatives to meet such requirements, including, at a minimum— 

(i) an analysis of appropriate technology options; 

(ii) an analysis of the viability of a public-private 

partnership to establish a complementary positioning, 

navigation, and timing system; and 

(iii) an analysis of the viability of service level 

agreements to operate a complementary positioning, 

navigation, and timing system; and 

(C) a plan to meet such requirements that includes— 

(i) for each such Department, the estimated costs, 

schedule, and system level technical considerations, including end user equipment and integration considerations; and 

(ii) identification of the appropriate resourcing for 

each such Department in accordance with the respective requirements of the Department, including domestic or international requirements. 

(b) SINGLE DESIGNATED OFFICIAL.—Each covered Secretary 

shall designate a single senior official of the Department of the Secretary to act as the primary representative of such Department for 

purposes of conducting the study under subsection (a)(1). 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ 

means— 

(A) the congressional defense committees; 

(B) the Committee on Science, Space, and Technology, 

the Committee on Transportation and Infrastructure, and 

the Committee on Homeland Security of the House of Representatives; and 

(C) the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and 

Governmental Affairs of the Senate. 

(2) The term ‘‘covered Secretaries’’ means the Secretary of 

Defense, the Secretary of Transportation, and the Secretary of 

Homeland Security. 

SEC. 1619. REPORT ON USE OF SPACECRAFT ASSETS OF THE SPACEBASED INFRARED SYSTEM WIDE-FIELD-OF-VIEW PROGRAM. 

(a) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with 

the Director of National Intelligence, shall submit to the appropriate 

congressional committees a report on the advisability and feasibility 

of using available spacecraft assets of the space-based infrared system wide-field-of-view program to satisfy other mission requirements of the Department of Defense or the intelligence community. 

(b) MATTERS COVERED.—The report required by subsection (a) 

shall include, at a minimum, the following: 

(1) An evaluation of using the space-based infrared system 

wide-field-of-view spacecraft bus for other urgent national security space priorities. 

(2) An evaluation of the cost and schedule impact, if any, 

to the space-based infrared system wide-field-of-view program if 

the spacecraft bus is used for another purpose. 


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(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex if 

necessary to protect the national security interests of the United 

States. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the congressional defense committees; and 

(2) the Permanent Select Committee on Intelligence of the 

House of Representatives and the Select Committee on Intelligence of the Senate. 

SEC. 1620. PROVISION OF CERTAIN INFORMATION TO GOVERNMENT 

ACCOUNTABILITY OFFICE BY NATIONAL RECONNAISSANCE OFFICE. 

(a) IN GENERAL.—The Director of the National Reconnaissance 

Office shall provide to the Comptroller General of the United States, 

in a timely manner, access to the cost, schedule, and performance 

information the Comptroller General requires to conduct assessments, as required by any of the appropriate congressional committees, of programs of the National Reconnaissance Office. 

(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the congressional defense committees; and 

(2) the Select Committee on Intelligence of the Senate and 

the Permanent Select Committee on Intelligence of the House of 

Representatives. 

SEC. 1621. COST-BENEFIT ANALYSIS OF COMMERCIAL USE OF EXCESS 

BALLISTIC MISSILE SOLID ROCKET MOTORS. 

(a) IN GENERAL.—The Comptroller General of the United States 

shall conduct an analysis of the costs and benefits of allowing the 

use of solid rocket motors from missiles described in section 

50134(c) of title 51, United States Code, for commercial space 

launch purposes. Such analysis shall include an evaluation of the 

effect, if any, of allowing such use on national security, the Department of Defense, the solid rocket motor industrial base, the commercial space launch market, and any other areas the Comptroller General considers appropriate. 

(b) BRIEFINGS.— 

(1) INTERIM BRIEFING.—Not later than March 15, 2017, the 

Comptroller General shall provide to the appropriate congressional committees an interim briefing on the analysis under 

subsection (a). 

(2) FINAL BRIEFING.—Not later than 180 days after the date 

of the enactment of this Act, the Comptroller General shall provide to the appropriate congressional committees a final briefing on the analysis under subsection (a). 

(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 

In this subsection, the term ‘‘appropriate congressional committees’’ means the following: 

(A) The congressional defense committees. 

(B) The Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, 

Space, and Technology of the House of Representatives. 


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SEC. 1622. INDEPENDENT ASSESSMENT OF GLOBAL POSITIONING SYSTEM NEXT GENERATION OPERATIONAL CONTROL SYSTEM. 

(a) IN GENERAL.—Not later than 60 days after the date of the 

enactment of this Act, the Secretary of Defense shall seek to enter 

into an arrangement with a federally funded research and development center, or other appropriate independent entity, to assess the 

acquisition strategy of the Air Force for the Global Positioning System Next Generation Operational Control System (in this section referred to as ‘‘OCX’’). 

(b) ELEMENTS.—The assessment required by subsection (a) shall 

include the following: 

(1) An assessment of the ability of the Air Force to complete 

blocks zero through two of the OCX operating system on a 

schedule necessary to transition the OCX to full operation. 

(2) An estimate of the cost of completing blocks zero 

through two on the schedule described in paragraph (1), taking 

into account— 

(A) the rate of software defects; 

(B) earned value management; and 

(C) information assurance requirements. 

(3) An assessment of the ability of the Air Force to implement contingency plans for sustaining the Global Positioning 

System constellation to mitigate the effects of delays to the implementation of the OCX and to alleviate challenges with respect to the operations and checkout of the Global Positioning 

System III satellites. 

(4) An assessment of any risks to the viability and required 

availability of the Global Positioning System constellation associated with efforts to complete blocks zero through two as described in paragraph (1) or the contingency plans described in 

paragraph (3). 

(5) An assessment of whether there are well-defined methods for terminating the OCX program (including an analysis of 

the ability of alternative systems to satisfy the requirements of 

the Department of Defense), in the event of the inability of the 

Air Force to successfully complete blocks zero through two or 

other requirements for the OCX while ensuring that the Global 

Positioning System constellation meets requirements for the 

availability of that System. 

(6) Any other matters the entity conducting the assessment 

determines appropriate. 

(c) SUBMISSION.—Not later than one year after the date of the 

enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the results of the assessment 

required by subsection (a). 

Subtitle B—Defense Intelligence and Intelligence-Related 

Activities 

SEC. 1631. REPORT ON UNITED STATES CENTRAL COMMAND INTELLIGENCE FUSION CENTER. 

(a) REPORT ON PROCEDURES.—Not later than March 1, 2017, 

the Commander of the United States Central Command shall submit to the appropriate congressional committees a report on the 

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dures for establishing, staffing, and operating the Intelligence Fusion Center of the United States Central Command. 

(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the congressional defense committees; and 

(2) the Permanent Select Committee on Intelligence of the 

House of Representatives. 

SEC. 1632. PROHIBITION ON AVAILABILITY OF FUNDS FOR CERTAIN 

RELOCATION ACTIVITIES FOR NATO INTELLIGENCE FUSION CELL. 

(a) PROHIBITION.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 

for operation and maintenance may be obligated or expended for the 

procurement of fit-out supplies and equipment to support the relocation of the NATO Intelligence Fusion Cell from Royal Air Force 

Molesworth, United Kingdom, to Royal Air Force Croughton, United 

Kingdom. 

(b) REPORT.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with 

the Director of National Intelligence, shall submit to the appropriate 

congressional committees a report on the NATO Intelligence Fusion 

Cell that outlines— 

(1) the current facility and support requirements and associated costs, including any adjustments of such requirements 

and costs, for the NATO Intelligence Fusion Cell to be located 

and operationally viable at Royal Air Force Croughton; and 

(2) the operational requirements of, and costs associated 

with, any operations of the United States collocated with the 

NATO Intelligence Fusion Cell. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the congressional defense committees; and 

(2) the Permanent Select Committee on Intelligence of the 

House of Representatives and the Select Committee on Intelligence of the Senate. 

SEC. 1633. SURVEY AND REVIEW OF DEFENSE INTELLIGENCE ENTERPRISE. 

(a) SURVEY AND REVIEW.— 

(1) IN GENERAL.—Not later than 120 days after the date of 

the enactment of this Act, the Chairman of the Joint Chiefs of 

Staff shall— 

(A) review the organization, resources, and processes of 

the Defense Intelligence Enterprise, including the defense 

intelligence agencies and intelligence elements of the combatant commands and military departments, to assess the 

capabilities and capacity of such Enterprise, along with the 

intelligence community, to meet present and future defense 

intelligence requirements; and 

(B) conduct a survey of each geographic combatant 

command to assess— 

(i) the current state of intelligence support to military operations; 


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(ii) the prioritization and allocation of intelligence 

resources within each combatant command; and 

(iii) whether intelligence resources are balanced between support to theater commanders and support to 

operational commanders. 

(2) ELEMENTS.—The review and survey required by paragraph (1) shall include the following: 

(A) A comprehensive assessment of the Defense Intelligence Enterprise and whether such Enterprise— 

(i) is organized and has resources to meet current 

and future defense intelligence requirements; 

(ii) is balancing resources appropriately between 

operational and strategic defense intelligence requirements; 

(iii) is responding with sufficient agility to emerging or unexpected requirements; and 

(iv) is sufficiently integrated with combatant commands, subordinate commands, and joint task forces. 

(B) With respect to each geographic combatant command surveyed— 

(i) information on the total intelligence workforce 

assigned to the combatant command, including civilians, military, and contract personnel; 

(ii) detailed information on the allocation of intelligence resources to meet combatant commander priorities; 

(iii) detailed information on the intelligence priorities of the commander of the combatant command and 

intelligence resources allocated to each priority; and 

(iv) detailed information on the intelligence resources, including personnel and assets, dedicated to 

each of the following: 

(I) Direct support to the combatant commander. 

(II) Contingency planning. 

(III) Ongoing operations. 

(IV) Crisis response. 

(b) REPORT.— (1) SUBMISSION.—Not later than 270 days after the date of 

the enactment of this Act, the Chairman of the Joint Chiefs of 

Staff shall submit to the appropriate congressional committees 

and the Under Secretary of Defense for Intelligence a report on 

the findings of the Chairman with respect to the review and 

survey required by subsection (a)(1). 

(2) CONTENT.—The report required by paragraph (1) shall 

include— 

(A) a detailed analysis of how each combatant command uses the intelligence resources available to such command; and 

(B) the recommendations of the Chairman, if any, to 

improve the Defense Intelligence Enterprise to fulfill operational military requirements. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ 

means— 


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(A) the congressional defense committees; and 

(B) the Permanent Select Committee on Intelligence of 

the House of Representatives. 

(2) The term ‘‘Defense Intelligence Enterprise’’ means the organizations, infrastructure, and measures, including policies, 

processes, procedures, and products, of the intelligence, counterintelligence, and security components of each of the following: 

(A) The Department of Defense. 

(B) The Joint Staff. 

(C) The combatant commands. 

(D) The military departments. 

(E) Other elements of the Department of Defense that 

perform national intelligence, defense intelligence, intelligence-related, counterintelligence, or security functions. 

Subtitle C—Cyberspace-Related Matters 

SEC. 1641. SPECIAL EMERGENCY PROCUREMENT AUTHORITY TO FACILITATE THE DEFENSE AGAINST OR RECOVERY FROM A 

CYBER ATTACK. 

Section 1903(a)(2) of title 41, United States Code, is amended 

by inserting ‘‘cyber,’’ before ‘‘nuclear,’’. 

SEC. 1642. LIMITATION ON TERMINATION OF DUAL-HAT ARRANGEMENT FOR COMMANDER OF THE UNITED STATES CYBER 

COMMAND. 

(a) LIMITATION ON TERMINATION OF DUAL-HAT ARRANGE- MENT.—The Secretary of Defense may not terminate the dual-hat arrangement until the date on which the Secretary and the Chairman 

of the Joint Chiefs of Staff jointly certify to the appropriate committees of Congress that— 

(1) the Secretary and the Chairman carried out the assessment under subsection (b); 

(2) each of the conditions described in paragraph (2)(C) of 

such subsection has been met; and 

(3) termination of the dual-hat arrangement will not pose 

risks to the military effectiveness of the United States Cyber 

Command that are unacceptable to the national security interests of the United States. 

(b) ASSESSMENT.— 

(1) IN GENERAL.—The Secretary and the Chairman shall 

jointly assess the military and intelligence necessity and benefit 

of the dual-hat arrangement. 

(2) ELEMENTS.—The assessment under paragraph (1) shall 

include the following elements: 

(A) An evaluation of the operational dependence of the 

United States Cyber Command on the National Security 

Agency. 

(B) An evaluation of the ability of the United States 

Cyber Command and the National Security Agency to carry 

out their respective roles and responsibilities independently. 

(C) A determination of whether the following conditions have been met: 

(i) Robust operational infrastructure has been deployed that is sufficient to meet the unique cyber mission needs of the United States Cyber Command and 

the National Security Agency, respectively. 


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(ii) Robust command and control systems and 

processes have been established for planning, 

deconflicting, and executing military cyber operations. 

(iii) The tools and weapons used in cyber operations are sufficient for achieving required effects. 

(iv) Capabilities have been established to enable 

intelligence collection and operational preparation of 

the environment for cyber operations. 

(v) Capabilities have been established to train 

cyber operations personnel, test cyber capabilities, and 

rehearse cyber missions. 

(vi) The cyber mission force has achieved full operational capability. 

(c) DEFINITIONS.—In this section: 

(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term 

‘‘appropriate committees of Congress’’ means— 

(A) the Committee on Armed Services, the Committee 

on Appropriations, and the Select Committee on Intelligence of the Senate; and 

(B) the Committee on Armed Services, the Committee 

on Appropriations, and the Permanent Select Committee on 

Intelligence of the House of Representatives. 

(2) DUAL-HAT ARRANGEMENT.—The term ‘‘dual-hat arrangement’’ means the arrangement under which the Commander of 

the United States Cyber Command also serves as the Director 

of the National Security Agency. 

SEC. 1643. CYBER MISSION FORCES MATTERS. 

(a) ACTIONS PENDING FULL IMPLEMENTATION OF PLAN FOR

CYBER MISSION FORCE POSITIONS.—Until the Secretary of Defense 

completes implementation of the authority in subsection (a) of section 1599f of title 10, United States Code, for United States Cyber 

Command workforce positions in accordance with the implementation plan required by subsection (d) of such section, the Secretary 

shall do each of the following: 

(1) Notwithstanding sections 3309 through 3318 of title 5, 

United States Code, provide for and implement an interagency 

transfer agreement between excepted service position systems 

and competitive service position systems in military departments and Defense Agencies concerned to satisfy the requirements for cyber workforce positions from among a mix of employees in the excepted service and the competitive service in 

such military departments and Defense Agencies. 

(2) Implement in the defense civilian cyber personnel system a classification system commonly known as a ‘‘Rank-in-person’’ classification system similar to such classification system 

used by the National Security Agency as of the date of the enactment of this Act. 

(3) Approve direct hiring authority for cyber workforce positions up to the GG or GS–15 level in accordance with the criteria in section 3304 of title 5, United States Code. 

(4) Notwithstanding section 5333 of title 5, United States 

Code, authorize officials conducting hiring in the competitive 

service for cyber workforce positions to set starting salaries at 

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ten level with justification that meets published guidelines applicable to the excepted service. 

(b) OTHER MATTERS.—The Principal Cyber Advisor, acting 

through the cross-functional team established by section 932(c)(3) of 

the National Defense Authorization Act for Fiscal Year 2014 (Public 

Law 113–66; 10 U.S.C. 2224 note) and in consultation with the 

Commander of the United States Cyber Command, shall supervise— 

(1) the development of training standards for computer network operations tool developers for military, civilian, and contractor personnel supporting the cyber mission forces; 

(2) the rapid enhancement of capacity to train personnel to 

those standards to meet the needs of the cyber mission forces for 

tool development; and 

(3) actions necessary to ensure timely completion of personnel security investigations and adjudications of security 

clearances for tool development personnel. 

SEC. 1644. REQUIREMENT TO ENTER INTO AGREEMENTS RELATING TO 

USE OF CYBER OPPOSITION FORCES. 

(a) REQUIREMENT FOR AGREEMENTS.—Not later than September 

30, 2017, the Secretary of Defense shall ensure that each commander of a combatant command establishes appropriate agreements with the Secretary relating to the use of cyber opposition 

forces. Each agreement shall require the command— 

(1) to support a high state of mission readiness in the command through the use of one or more cyber opposition forces in 

continuous exercises and other training activities as considered 

appropriate by the commander of the command; and 

(2) in conducting such exercises and training activities, 

meet the standard required under subsection (b). 

(b) JOINT STANDARD FOR CYBER OPPOSITION FORCES.—Not 

later than March 31, 2017, the Secretary of Defense shall issue a 

joint training and certification standard for use by all cyber opposition forces within the Department of Defense. 

(c) JOINT STANDARD FOR PROTECTION OF CONTROL SYSTEMS.— 

Not later than June 30, 2017, the Secretary of Defense shall issue 

a joint training and certification standard for the protection of control systems for use by all cyber operations forces within the Department of Defense. Such standard shall— 

(1) provide for applied training and exercise capabilities; 

and 

(2) use expertise and capabilities from other departments 

and agencies of the Federal Government, as appropriate. 

(d) BRIEFING REQUIRED.—Not later than September 30, 2017, 

the Secretary of Defense shall provide to the Committees on Armed 

Services of the Senate and the House of Representatives a briefing 

that includes— 

(1) a list of each combatant command that has established 

an agreement under subsection (a); 

(2) with respect to each such agreement— 

(A) special conditions in the agreement placed on any 

cyber opposition force used by the command; 

(B) the process for making decisions about deconfliction 

and risk mitigation of cyber opposition force activities in 

continuous exercises and training; 


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(C) identification of cyber opposition forces trained and 

certified to operate at the joint standard, as issued under 

subsection (b); 

(D) identification of the annual exercises that will include participation of the cyber opposition forces; and 

(E) identification of any shortfalls in resources that 

may prevent annual exercises using cyber opposition forces; 

and 

(3) any other matters the Secretary of Defense considers appropriate. 

SEC. 1645. CYBER PROTECTION SUPPORT FOR DEPARTMENT OF DEFENSE PERSONNEL IN POSITIONS HIGHLY VULNERABLE 

TO CYBER ATTACK. 

(a) AUTHORITY TO PROVIDE CYBER PROTECTION SUPPORT.— 

(1) IN GENERAL.—Subject to a determination by the Secretary of Defense, the Secretary may provide cyber protection 

support for the personal technology devices of the personnel described in paragraph (2). 

(2) AT-RISK PERSONNEL.—The personnel described in this 

paragraph are personnel of the Department of Defense— 

(A) who the Secretary determines to be highly vulnerable to cyber attacks and hostile information collection activities because of the positions occupied by such personnel 

in the Department; and 

(B) whose personal technology devices are highly vulnerable to cyber attacks and hostile information collection 

activities. 

(b) NATURE OF CYBER PROTECTION SUPPORT.—Subject to the 

availability of resources, the cyber protection support provided to 

personnel under subsection (a) may include training, advice, assistance, and other services relating to cyber attacks and hostile information collection activities. 

(c) LIMITATION ON SUPPORT.—Nothing in this section shall be 

construed— 

(1) to encourage personnel of the Department of Defense to 

use personal technology devices for official business; or 

(2) to authorize cyber protection support for senior Department personnel using personal devices and networks in an official capacity. 

(d) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on 

Armed Services of the Senate and the House of Representatives a report on the provision of cyber protection support under subsection 

(a). The report shall include— 

(1) a description of the methodology used to make the determination under subsection (a)(2); and 

(2) guidance for the use of cyber protection support and 

tracking of support requests for personnel receiving cyber protection support under subsection (a). 

(e) PERSONAL TECHNOLOGY DEVICES DEFINED.—In this section, 

the term ‘‘personal technology devices’’ means technology devices 

used by Department of Defense personnel outside of the scope of 

their employment with the Department and includes networks to 

which such devices connect. 


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SEC. 1646. LIMITATION ON FULL DEPLOYMENT OF JOINT REGIONAL 

SECURITY STACKS. 

(a) LIMITATION.—The Secretary of a military department or the 

head of a Defense Agency may not declare that such department or 

Defense Agency has achieved full operational capability for the deployment of joint regional security stacks until the date on which— 

(1) the department or Defense Agency concerned completes 

operational test and evaluation activities to determine the effectiveness, suitability, and survivability of the joint regional security stacks system of such department or Defense Agency; and 

(2) written certification that such testing and evaluation activities have been completed is provided to the Secretary of such 

department or the head of such Defense Agency by the appropriate operational test and evaluation organization of such department or Defense Agency. 

(b) WAIVER.— 

(1) IN GENERAL.—The Secretary of a military department or 

the head of a Defense Agency may waive the requirements of 

subsection (a) if a certification described in paragraph (2) is 

provided to the Secretary of Defense, and signed by— 

(A) the Secretary of the military department or the 

head of the Defense Agency concerned; 

(B) the Director of Operational Test and Evaluation for 

the Department of Defense; and 

(C) the Chief Information Officer of the Department of 

Defense. 

(2) CERTIFICATION.—A certification described in this subsection is a written certification that— 

(A) the testing and evaluation activities required under 

subsection (a) are unnecessary, accompanied by an explanation of the reasons such activities are unnecessary; 

(B) the effectiveness, suitability, and survivability of 

the joint regional security stacks system of the military department or Defense Agency concerned has been demonstrated by methods other than the testing and evaluation 

activities required under subsection (a), accompanied by 

supporting data; or 

(C) national security needs justify full deployment of 

the joint regional security stacks system of the military department or Defense Agency concerned before the test and 

evaluation activities required under subsection (a) can be 

completed, accompanied by an explanation of such justification and a risk management plan. 

SEC. 1647. ADVISORY COMMITTEE ON INDUSTRIAL SECURITY AND INDUSTRIAL BASE POLICY. 

(a) ADVISORY COMMITTEE.—Not later than April 30, 2017, the 

Secretary of Defense shall establish an advisory committee (referred 

to in this section as the ‘‘Committee’’) to review, assess, and make 

recommendations with respect to industrial security and industrial 

base policy. 

(b) DUTIES.—The Committee shall— 

(1) review and assess— 

(A) the national industrial security program for cleared 

facilities and the protection of the information and networking systems of cleared defense contractors; 


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(B) policies and practices relating to physical security 

and installation access at installations of the Department 

of Defense; 

(C) information security and cyber defense policies, 

practices, and reporting relating to the unclassified information and networking systems of defense contractors; 

(D) policies, practices, regulations, and reporting relating to industrial base issues; and 

(E) any other matters the Secretary determines to be 

appropriate; and 

(2) make recommendations to the Secretary based on such 

review and assessment. 

(c) MEMBERS.—The Committee shall be composed of 10 members appointed by the Secretary of Defense of which five members 

shall be representatives of non-governmental entities and five members shall be representatives of departments or agencies of the Federal Government. 

(d) MEETINGS.—The Committee shall meet not less often than 

once annually until the date on which the Committee terminates 

under subsection (e). 

(e) TERMINATION.—The Committee shall terminate on September 30, 2022. 

SEC. 1648. CHANGE IN NAME OF NATIONAL DEFENSE UNIVERSITY’S INFORMATION RESOURCES MANAGEMENT COLLEGE TO COLLEGE OF INFORMATION AND CYBERSPACE. 

(a) IN GENERAL.—Section 2165(b)(5) of title 10, United States 

Code, is amended by striking ‘‘Information Resources Management 

College’’ and inserting ‘‘College of Information and Cyberspace’’. 

(b) REFERENCES.—Any reference in any law, regulation, document, record, or other paper of the United States to the Information 

Resources Management College shall be considered to be a reference 

to the College of Information and Cyberspace. 

SEC. 1649. EVALUATION OF CYBER VULNERABILITIES OF F–35 AIRCRAFT AND SUPPORT SYSTEMS. 

(a) EVALUATION AND REPORT.— 

(1) EVALUATION.—Not later than 120 days after the date of 

the enactment of this Act, the Secretary of Defense shall complete an evaluation of the cyber vulnerabilities of the F–35 aircraft and the support systems of the aircraft under section 

1647(a)(1) of the National Defense Authorization Act for Fiscal 

Year 2016 (Public Law 114–92; 129 Stat. 1118). 

(2) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the evaluation completed 

under paragraph (1) that includes— 

(A) the findings of the Secretary with respect to the 

evaluation; 

(B) identification of any major information assurance 

deficiencies relating to the F–35 aircraft or the support systems of the aircraft (including the autonomic logistics information system); and 

(C) a cyber vulnerability mitigation strategy for F–35 

aircraft and the support systems of the aircraft. 

(3) WAIVER PROHIBITED.—Notwithstanding section 

1647(a)(2) of the National Defense Authorization Act for Fiscal 


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Year 2016 (Public Law 114–92; 129 Stat. 1118), the Secretary 

may not waive the requirements of paragraphs (1) and (2). 

(b) TOOLS AND SOLUTIONS FOR ASSESSING AND MITIGATING

CYBER VULNERABILITIES.—Section 1647 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 

1118) is amended— 

(1) by redesignating subsections (d) and (e) as subsections 

(e) and (f), respectively; and 

(2) by inserting after subsection (c) the following new subsection: 

‘‘(d) TOOLS AND SOLUTIONS FOR ASSESSING AND MITIGATING

CYBER VULNERABILITIES.—In addition to carrying out the evaluation of cyber vulnerabilities of major weapon systems of the Department under this section, the Secretary may— 

‘‘(1) develop tools to improve the detection and evaluation 

of cyber vulnerabilities; 

‘‘(2) conduct non-recurring engineering for the design of solutions to mitigate cyber vulnerabilities; and 

‘‘(3) establish Department-wide information repositories to 

share findings relating to the evaluation and mitigation of 

cyber vulnerabilities.’’. 

SEC. 1650. EVALUATION OF CYBER VULNERABILITIES OF DEPARTMENT 

OF DEFENSE CRITICAL INFRASTRUCTURE. 

(a) PLAN FOR EVALUATION.— 

(1) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary shall submit to the congressional defense committees a plan for the evaluation of the 

cyber vulnerabilities of the critical infrastructure of the Department of Defense. 

(2) ELEMENTS.—The plan under paragraph (1) shall include— 

(A) an identification of each of the military installations to be evaluated; and 

(B) an estimate of the cost of the evaluation. 

(3) PRIORITY IN EVALUATION.—The plan under paragraph 

(1) shall prioritize the evaluation of military installations based 

on the criticality of the infrastructure supporting such installations, as determined by the Chairman of the Joint Chiefs of 

Staff based on an assessment of— 

(A) the Armed Forces stationed at such military installations; and 

(B) threats to such military installations. 

(4) INTEGRATION WITH OTHER EFFORTS.—The plan under 

paragraph (1) shall build upon other efforts of Department of 

Defense relating to the identification and mitigation of cyber 

vulnerabilities of major weapon systems and critical infrastructure of the Department and shall not duplicate such efforts. 

(b) PILOT PROGRAM.— 

(1) IN GENERAL.—Not later than 30 days after the date on 

which the Secretary submits the plan under subsection (a), the 

Secretary, acting through a covered research laboratory, shall 

initiate a pilot program under which the Secretary shall assess 

the feasibility and advisability of applying new, innovative 

methodologies or engineering approaches— 


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(A) to improve the defense of control systems against 

cyber attacks; 

(B) to increase the resilience of military installations 

against cybersecurity threats; 

(C) to prevent or mitigate the potential for high-consequence cyber attacks; and 

(D) to inform future requirements for the development 

of such control systems. 

(2) LOCATIONS.—The Secretary shall carry out the pilot 

program under paragraph (1) at not fewer than two military installations selected by the Secretary from among military installations that support the most critical mission-essential functions 

of the Department of Defense as identified in the plan under 

subsection (a). 

(3) TOOLS.—In carrying out the pilot program under paragraph (1), the Secretary may use tools and solutions developed 

under subsection (e). 

(4) REPORT.—Not later than December 31, 2019, the Secretary shall submit to the congressional defense committees a 

final report on the pilot program that includes— 

(A) a description of the activities carried out under the 

pilot program at each military installation concerned; 

(B) an assessment of the value of the methodologies or 

tools applied during the pilot program in increasing the resilience of military installations against cybersecurity 

threats; 

(C) recommendations for administrative or legislative 

actions to improve the ability of the Department to employ 

methodologies and tools for reducing cyber vulnerabilities 

in other activities of the Department of Defense; and 

(D) recommendations for including such methodologies 

or tools as requirements for relevant activities, including 

technical requirements for systems or military construction 

projects. 

(5) TERMINATION.—The authority of the Secretary to carry 

out the pilot program under this subsection shall terminate on 

September 30, 2019. 

(c) EVALUATION.— 

(1) IN GENERAL.—Not later than December 31, 2020, the 

Secretary shall complete an evaluation of the cyber 

vulnerabilities of the critical infrastructure of the Department of 

Defense in accordance with the plan under subsection (a). 

(2) RISK MITIGATION STRATEGIES.—The Secretary shall develop strategies for mitigating the risks of cyber vulnerabilities 

identified in the course of the evaluation under paragraph (1). 

(d) STATUS ON PROGRESS.—The Secretary shall include in each 

quarterly cyber operations briefing submitted to Congress under section 484 of title 10, United States Code, a summary of any activities 

carried out as part of— 

(1) the pilot program under subsection (b); or 

(2) the evaluation under subsection (c). 

(e) TOOLS AND SOLUTIONS.—The Secretary may— 

(1) develop tools that improve assessments of cyber 

vulnerabilities of Department of Defense critical infrastructure; 


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(2) conduct non-recurring engineering for the design of 

mitigation solutions for such vulnerabilities; and 

(3) establish Department-wide information repositories to 

share findings relating to such assessments and to share such 

mitigation solutions. 

(f) DEFINITIONS.—In this section: 

(1) CRITICAL INFRASTRUCTURE OF THE DEPARTMENT OF DE- FENSE.—The term ‘‘critical infrastructure of the Department of 

Defense’’ means any asset of the Department of Defense of such 

extraordinary importance to the functioning of the Department 

and the operation of the Armed Forces that the incapacitation 

or destruction of such asset by a cyber attack would have a debilitating effect on the ability of the Department to fulfill its 

missions. 

(2) COVERED RESEARCH LABORATORY.—The term ‘‘covered 

research laboratory’’ means— 

(A) a research laboratory of the Department of Defense; 

or 

(B) a research laboratory of the Department of Energy 

approved by the Secretary of Energy to carry out the pilot 

program under subsection (b). 

SEC. 1651. STRATEGY TO INCORPORATE ARMY RESERVE COMPONENT 

CYBER PROTECTION TEAMS INTO DEPARTMENT OF DEFENSE CYBER MISSION FORCE. 

(a) STRATEGY REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of the Army shall 

provide to the Committees on Armed Services of the Senate and the 

House of Representatives a briefing on a strategy for incorporating 

reserve component cyber protection teams into the cyber mission 

force of the Department of Defense. 

(b) ELEMENTS OF STRATEGY.—The strategy required by subsection (a) shall include, at minimum, the following: 

(1) A timeline for incorporating reserve component cyber 

protection teams into the cyber mission force of the Department 

of Defense, including a timeline for the appropriate training of 

such teams. 

(2) Identification of the specific reserve component cyber 

protection teams to be incorporated into the cyber mission force 

of the Department of Defense. 

(3) An assessment of how the incorporation of reserve component cyber protection teams into the cyber mission force of the 

Department of Defense might be used to enhance readiness 

through improved individual and collective training capabilities. 

(4) A status report on the progress of the Army in issuing 

additional guidance that clarifies how reserve component cyber 

protection teams of the Army National Guard can support State 

and civil operations in National Guard status under title 32, 

United States Code. 

(5) Other matters as considered appropriate by the Secretary of the Army. 

(c) RESERVE COMPONENT CYBER PROTECTION TEAMS DEFINED.—In this section, the term ‘‘reserve component cyber protection 

teams’’ means cyber protection teams of— 

(1) the Army National Guard; and 


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(2) the other reserve components of the Army. 

SEC. 1652. STRATEGIC PLAN FOR THE DEFENSE INFORMATION SYSTEMS AGENCY. 

(a) STRATEGIC PLAN REQUIRED.—Not later than 180 days after 

the date of the enactment of this Act and not less often than once 

every 2 fiscal years thereafter until September 30, 2022, the Director 

of the Defense Information Systems Agency, in consultation with the 

Under Secretary of Defense for Acquisition, Technology, and Logistics and the Chief Information Officer of the Department of Defense, 

shall develop or update, as appropriate, a strategic plan for the 

Agency that includes— 

(1) a comprehensive review of the requirements and mission 

of the Agency with respect to research, development, test, and 

evaluation; and 

(2) an assessment of the adequacy of the activities, facilities, workforce, and resources of the Agency in meeting such requirements and fulfilling such mission. 

(b) COVERED PERIOD.—Each strategic plan under subsection (a) 

shall cover the period of five fiscal years beginning with the fiscal 

year in which the plan is developed or updated. 

(c) ELEMENTS.—Each strategic plan under subsection (a) shall 

include the following elements: 

(1) A statement of the mission of the Defense Information 

Systems Agency that— 

(A) addresses the critical operations and functions carried out by the Agency; and 

(B) includes an assessment of projected changes to such 

operations and functions for the period covered by the plan. 

(2) An assessment of the personnel, facilities, and research, 

development, test, and evaluation requirements of the Department of Defense that are needed to support the operations of the 

Agency for the period covered by the plan. 

(3) An identification of performance metrics for measuring 

the successful achievement of objectives for the period covered 

by the plan. 

(4) An assessment of the programs and plans of the Agency 

with respect to research, development, test, and evaluation, including the projected resources, personnel, and supporting infrastructure needed to carry out such programs and plans. 

(5) An assessment of the facilities and resources of the 

Agency that are used for research, development, test, and evaluation activities. 

(6) A description of the plans and business case analyses 

supporting any significant modifications to the facilities, workforce, and resources of the Agency (including any modifications 

involving the expansion, divestment, consolidation, or curtailment of activities) that are proposed, projected, or recommended 

by the Director. 

(7) Any other matters determined to be appropriate by the 

Director. 

SEC. 1653. PLAN FOR INFORMATION SECURITY CONTINUOUS MONITORING CAPABILITY AND COMPLY-TO-CONNECT POLICY; 

LIMITATION ON SOFTWARE LICENSING. 

(a) INFORMATION SECURITY MONITORING PLAN AND POLICY.— 


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(1) PLAN AND POLICY.—The Chief Information Officer of the 

Department of Defense and the Commander of the United 

States Cyber Command shall jointly develop— 

(A) a plan for a modernized, Department-wide automated information security continuous monitoring capability that includes— 

(i) a proposed information security architecture for 

the capability; 

(ii) a concept of operations for the capability; and 

(iii) requirements with respect to the functionality 

and interoperability of the tools, sensors, systems, processes, and other components of the continuous monitoring capability; and 

(B) a comply-to-connect policy that requires systems to 

automatically comply with the configurations of the networks of the Department as a condition of connecting to 

such networks. 

(2) CONSULTATION.—In developing the plan and policy 

under paragraph (1), the Chief Information Officer and the 

Commander shall consult with the Principal Cyber Advisor to 

the Secretary of Defense. 

(3) IMPLEMENTATION.—The Chief Information Officer and 

the Commander shall each issue such directives as they each 

consider appropriate to ensure compliance with the plan and 

policy developed under paragraph (1). 

(4) INCLUSION IN BUDGET MATERIALS.—The Secretary of Defense shall include funding and program plans relating to the 

plan and policy under paragraph (1) in the budget materials 

submitted by the Secretary in support of the budget of the President for fiscal year 2019 (as submitted to Congress under section 1105(a) of title 31, United States Code). 

(5) INTEGRATION WITH OTHER CAPABILITIES.—The Chief Information Officer and the Commander shall ensure that information generated through automated and automation-assisted 

processes for continuous monitoring, asset management, and 

comply-to-connect policies and processes shall be accessible and 

usable in machine-readable form to appropriate cyber protection 

teams and computer network defense service providers. 

(6) SOFTWARE LICENSE COMPLIANCE MATTERS.—The plan 

and policy required by paragraph (1) shall comply with the 

software license inventory requirements of the plan issued pursuant to section 937 of the National Defense Authorization Act 

for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 2223 note) 

and updated pursuant to section 935 of the National Defense 

Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 

U.S.C. 2223 note). 

(b) LIMITATION ON FUTURE SOFTWARE LICENSING.— 

(1) IN GENERAL.—Subject to paragraph (2), none of the 

funds authorized to be appropriated by this Act or otherwise 

made available for fiscal year 2017 or any fiscal year thereafter 

for the Department of Defense may be obligated or expended on 

a contract for a software license with a cost of more than 

$5,000,000 in a fiscal year unless the Department is able, 

through automated means— 

(A) to count the number of such licenses in use; and 


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(B) to determine the security status of each instance of 

use of the software licensed. 

(2) EFFECTIVE DATE.—Paragraph (1) shall apply— 

(A) beginning on January 1, 2018, with respect to any 

contract entered into by the Secretary of Defense on or after 

such date for the licensing of software; and 

(B) beginning on January 1, 2020, with respect to any 

contract entered into by the Secretary for the licensing of 

software that was in effect on December 31, 2017. 

SEC. 1654. REPORTS ON DETERRENCE OF ADVERSARIES IN CYBERSPACE. 

(a) REPORT OF THE SECRETARY OF DEFENSE.— 

(1) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall submit to the President and the congressional defense committees 

a report on the military and nonmilitary options available to 

the United States for deterring and responding to imminent 

threats in cyberspace and malicious cyber activities carried out 

against the United States by foreign governments and terrorist 

organizations. 

(2) ELEMENTS.—The report under paragraph (1) shall include the following: 

(A) A description of the military and nonmilitary options described in paragraph (1), including citations to relevant provisions of law, regulation, or directives or other 

policy documents of the Federal Government. 

(B) Descriptions of relevant authorities, rules of engagement, command and control structures, and response 

plans relating to such options, including— 

(i) authorities that have been delegated by the 

President to the Secretary of Defense for the conduct of 

cyber operations; 

(ii) operational authorities delegated by the Secretary to the Commander of the United States Cyber 

Command for military cyber operations; 

(iii) identification of how the law of war applies to 

cyber operations of the Department of Defense; 

(iv) an assessment of the effectiveness of each such 

option; and 

(v) an integrated priorities list for cyber deterrence 

capabilities of the Department of Defense that identifies, at a minimum, high priority capability needs 

prioritized by armed force, function, risk areas, and 

long-term strategic planning issues. 

(b) REPORT OF THE PRESIDENT.— 

(1) IN GENERAL.—Not later than 180 days after the date on 

which the Secretary of Defense submits the report under subsection (a), the President shall submit to the congressional defense committees a report describing the types of actions carried 

out in cyberspace against the United States that may warrant 

a military response. 

(2) ELEMENTS.—The report under paragraph (1) shall include the following: 


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(A) Discussion of the types of actions carried out in 

cyberspace that may warrant a military response or operation. 

(B) A description of the role of the military in responding to acts of aggression in cyberspace against the United 

States. 

(C) A description of the circumstances required for a 

military response to a cyber attack against the United 

States. 

(D) A plan for articulating a declaratory policy on the 

use of cyber weapons by the United States. 

SEC. 1655. SENSE OF CONGRESS ON CYBER RESILIENCY OF THE NETWORKS AND COMMUNICATIONS SYSTEMS OF THE NATIONAL GUARD. 

It is the sense of Congress that, to the greatest extent practicable, the National Guard should continuously seek ways to improve, expand, and provide resources for its communications and 

networking systems to enhance the performance and resilience of 

such systems in the face of cyber attacks, disruptions, and other 

threats. 

Subtitle D—Nuclear Forces 

SEC. 1661. IMPROVEMENTS TO COUNCIL ON OVERSIGHT OF NATIONAL 

LEADERSHIP COMMAND, CONTROL, AND COMMUNICATIONS SYSTEM. 

(a) RESPONSIBILITIES.—Subsection (d) of section 171a of title 

10, United States Code, is amended— 

(1) in paragraph (1), by inserting before the period the following: ‘‘, and including with respect to the integrated tactical 

warning and attack assessment systems, processes, and 

enablers, and continuity of the governmental functions of the 

Department of Defense’’; and 

(2) in paragraph (2)(C), by inserting before the period the 

following: ‘‘(including space system architectures and associated 

user terminals and ground segments)’’. 

(b) ENSURING CAPABILITIES.—Such section is further amended— 

(1) by redesignating subsection (i) as subsection (k); and 

(2) by inserting after subsection (h) the following new subsections: 

‘‘(i) REPORTS ON SPACE ARCHITECTURE DEVELOPMENT.—(1) Not 

less than 90 days before each of the dates on which a system described in paragraph (2) achieves Milestone A or Milestone B approval, the Under Secretary of Defense for Acquisitions, Technology, 

and Logistics shall submit to the congressional defense committees 

a report prepared by the Council detailing the implications of any 

changes to the architecture of such a system with respect to the systems, capabilities, and programs covered under subsection (d). 

‘‘(2) A system described in this paragraph is any of the following: 

‘‘(A) Advanced extremely high frequency satellites. 

‘‘(B) The space-based infrared system. 

‘‘(C) The integrated tactical warning and attack assessment 

system and its command and control system. 

‘‘(D) The enhanced polar system. 


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‘‘(3) In this subsection, the terms ‘Milestone A approval’ and 

‘Milestone B approval’ have the meanings given such terms in section 2366(e) of this title. 

‘‘(j) NOTIFICATION OF REDUCTION OF CERTAIN WARNING TIME.— 

(1) None of the funds authorized to be appropriated or otherwise 

made available to the Department of Defense for any fiscal year may 

be used to change any command, control, and communications system described in subsection (d)(1) in a manner that reduces the 

warning time provided to the national leadership of the United 

States with respect to a warning of a strategic missile attack on the 

United States unless— 

‘‘(A) the Secretary of Defense notifies the congressional defense committees of such proposed change and reduction; and 

‘‘(B) a period of one year elapses following the date of such 

notification. 

‘‘(2) Not later than March 1, 2017, and each year thereafter, the 

Council shall determine whether the integrated tactical warning 

and attack assessment system and its command and control system 

have met all warfighter requirements for operational availability, 

survivability, and endurability. If the Council determines that such 

systems have not met such requirements, the Secretary of Defense 

and the Chairman of the Joint Chiefs of Staff shall jointly submit 

to the congressional defense committees— 

‘‘(A) an explanation for such negative determination; 

‘‘(B) a description of the mitigations that are in place or 

being put in place as a result of such negative determination; 

and 

‘‘(C) the plan of the Secretary and the Chairman to ensure 

that the Council is able to make a positive determination in the 

following year.’’. 

(c) REPORTING REQUIREMENTS.—Subsection (e) of such section 

is amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘At 

the same time’’ and all that follows through ‘‘title 31,’’ and inserting the following: ‘‘During the period preceding January 31, 

2021, at the same time each year that the budget of the President is submitted to Congress pursuant to section 1105(a) of 

title 31, and from time to time after such period at the discretion of the Council,’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(6) An assessment of the readiness of the command, control, and communications system for the national leadership of 

the United States and of each layer of the system, as that layer 

relates to nuclear command, control, and communications.’’. 

SEC. 1662. TREATMENT OF CERTAIN SENSITIVE INFORMATION BY 

STATE AND LOCAL GOVERNMENTS. 

(a) SPECIAL NUCLEAR MATERIAL.— 

(1) IN GENERAL.—Section 128 of title 10, United States 

Code, is amended by adding at the end the following new subsection: 

‘‘(d) Information that the Secretary prohibits to be disseminated 

pursuant to subsection (a) that is provided to a State or local government shall remain under the control of the Department of Defense, and a State or local law authorizing or requiring a State or 


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local government to disclose such information shall not apply to 

such information.’’. 

(2) CONFORMING AMENDMENT.—The heading of such section is amended by striking ‘‘Physical protection’’ and inserting ‘‘Control and physical protection’’.’’. 

(3) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 3 of such title is amended by striking the 

item relating to section 128 and inserting the following new 

item: 

‘‘128. Control and physical protection of special nuclear material: limitation on dissemination of unclassified information.’’. 

(b) CRITICAL INFRASTRUCTURE SECURITY INFORMATION.—Section 130e of such title is amended— 

(1) by transferring subsection (c) to the end of such section 

and redesignating such subsection, as so transferred, as subsection (f); and 

(2) by striking subsection (b) and inserting the following 

new subsections: 

‘‘(b) DESIGNATION OF DEPARTMENT OF DEFENSE CRITICAL INFRASTRUCTURE SECURITY INFORMATION.—In addition to any other 

authority or requirement regarding protection from dissemination of 

information, the Secretary may designate information as being Department of Defense critical infrastructure security information, including during the course of creating such information, to ensure 

that such information is not disseminated without authorization. 

Information so designated is subject to the determination process 

under subsection (a) to determine whether to exempt such information from disclosure described in such subsection. 

‘‘(c) INFORMATION PROVIDED TO STATE AND LOCAL GOVERNMENTS.—(1) Department of Defense critical infrastructure security 

information covered by a written determination under subsection (a) 

or designated under subsection (b) that is provided to a State or 

local government shall remain under the control of the Department 

of Defense. 

‘‘(2)(A) A State or local law authorizing or requiring a State or 

local government to disclose Department of Defense critical infrastructure security information that is covered by a written determination under subsection (a) shall not apply to such information. 

‘‘(B) If a person requests pursuant to a State or local law that 

a State or local government disclose information that is designated 

as Department of Defense critical infrastructure security information under subsection (b), the State or local government shall provide the Secretary an opportunity to carry out the determination 

process under subsection (a) to determine whether to exempt such 

information from disclosure pursuant to subparagraph (A).’’. 

SEC. 1663. PROCUREMENT AUTHORITY FOR CERTAIN PARTS OF INTERCONTINENTAL BALLISTIC MISSILE FUZES. 

(a) AVAILABILITY OF FUNDS.—Notwithstanding section 1502(a) 

of title 31, United States Code, of the amount authorized to be appropriated for fiscal year 2017 by section 101 and available for Missile Procurement, Air Force, as specified in the funding table in section 4101, $17,095,000 shall be available for the procurement of covered parts pursuant to contracts entered into under section 1645(a) 

of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense 


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Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 

Stat. 3651). 

(b) COVERED PARTS DEFINED.—In this section, the term ‘‘covered parts’’ means commercially available off-the-shelf items as defined in section 104 of title 41, United States Code. 

SEC. 1664. PROHIBITION ON AVAILABILITY OF FUNDS FOR MOBILE 

VARIANT OF GROUND-BASED STRATEGIC DETERRENT 

MISSILE. 

None of the funds authorized to be appropriated by this Act or 

otherwise made available for any of fiscal years 2017 or 2018 may 

be obligated or expended to retain the option for, or develop, a mobile variant of the ground-based strategic deterrent missile. 

SEC. 1665. LIMITATION ON AVAILABILITY OF FUNDS FOR EXTENSION 

OF NEW START TREATY. 

(a) LIMITATION.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 

or any other fiscal year for the Department of Defense may be obligated or expended to extend the New START Treaty unless— 

(1) the Chairman of the Joint Chiefs of Staff submits the 

report under subsection (b); 

(2) the Director of National Intelligence submits the National Intelligence Estimate under subsection (c)(2); and 

(3) a period of 120 days elapses following the submission 

of both the report and the National Intelligence Estimate. 

(b) REPORT.—The Chairman of the Joint Chiefs of Staff shall 

submit to the appropriate congressional committees a report detailing the following: 

(1) The impacts on the nuclear forces and force planning of 

the United States with respect to a State Party to the New 

START Treaty developing a capability to conduct a rapid reload of its ballistic missiles. 

(2) Whether any State Party to the New START Treaty has 

significantly increased its upload capability with non-deployed 

nuclear warheads and the degree to which such developments 

impact crisis stability and the nuclear forces, force planning, 

use concepts, and deterrent strategy of the United States. 

(3) The extent to which non-treaty-limited nuclear or strategic conventional systems pose a threat to the United States or 

the allies of the United States. 

(4) The extent to which violations of arms control treaty 

and agreement obligations pose a risk to the national security 

of the United States and the allies of the United States, including the perpetuation of violations ongoing as of the date of the 

enactment of this Act, as well as potential further violations. 

(5) The extent to which— 

(A) the ‘‘escalate-to-deescalate’’ nuclear use doctrine of 

the Russian Federation is deterred under the current nuclear force structure, weapons capabilities, and declaratory 

policy of the United States; and 

(B) deterring the implementation of such a doctrine has 

been integrated into the war plans of the United States. 

(6) The status of the nuclear weapons, nuclear weapons infrastructure, and nuclear command and control modernization 

activities of the United States, and the impact such status has 

on plans to— 


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(A) implement the reduction of the nuclear weapons of 

the United States; or 

(B) further reduce the numbers and types of such weapons. 

(7) Whether, and if so, the reasons that, the New START 

Treaty, and the extension of the treaty as of the date of the report, is in the national security interests of the United States. 

(c) NATIONAL INTELLIGENCE ESTIMATE.— (1) PRODUCTION.—The Director of National Intelligence 

shall produce a National Intelligence Estimate on the following: 

(A) The nuclear forces and doctrine of the Russian Federation. 

(B) The nuclear weapons research and production capability of Russia. 

(C) The compliance of Russia with respect to arms control obligations (including treaties, agreements, and other 

obligations). 

(D) The doctrine of Russia with respect to targeting adversary critical infrastructure and the relationship between 

such doctrine and other Russian war planning, including, 

at a minimum, ‘‘escalate-to-deescalate’’ concepts. 

(2) SUBMISSION.—The Director of National Intelligence 

shall submit, consistent with the protection of sources and 

methods, to the appropriate congressional committees the National Intelligence Estimate produced under paragraph (1). 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ 

means— 

(A) the Committees on Armed Services of the House of 

Representatives and the Senate; 

(B) the Committee on Foreign Affairs of the House of 

Representatives and the Committee on Foreign Relations of 

the Senate; and 

(C) the Permanent Select Committee on Intelligence of 

the House of Representatives and the Select Committee on 

Intelligence of the Senate. 

(2) The term ‘‘New START Treaty’’ means the Treaty between the United States of America and the Russian Federation 

on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into 

force on February 5, 2011. 

SEC. 1666. CERTIFICATIONS REGARDING INTEGRATED TACTICAL 

WARNING AND ATTACK ASSESSMENT MISSION OF THE AIR 

FORCE. 

(a) ANNUAL CERTIFICATION.—Not later than March 31, 2017, 

and each year thereafter through 2020, the Commander of the 

United States Strategic Command shall certify to the Secretary of 

Defense and the congressional defense committees that— 

(1) the Air Force is appropriately organized, staffed, 

trained, and equipped to carry out the portions of the integrated 

tactical warning and attack assessment mission assigned to the 

Air Force that are survivable and endurable; and 

(2) the programs and plans of the Air Force for sustaining, 

modernizing, training, and exercising capabilities relating to 

such mission are sufficient to ensure the success of the mission. 


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(b) INABILITY TO CERTIFY.—If the Commander does not make a 

certification under subsection (a) by March 31 of any year in which 

a certification is required under such subsection, the Secretary of 

the Air Force shall take immediate actions to consolidate all terrestrial and aerial components of the integrated tactical warning and 

attack assessment system of the Air Force that are survivable and 

endurable under the major command of the Air Force commanded 

by the single general officer that is responsible for all aspects of the 

Air Force nuclear mission, as described by Air Force Program Action Directive D16–01 dated August 2, 2016. 

(c) RULE OF CONSTRUCTION.—Nothing in this section may be 

construed to affect any responsibilities and authorities relating to 

the integrated tactical warning and attack assessment system in effect on the date of the enactment of this Act pursuant to the Agreement Between the Government of the United States of America and 

the Government of Canada on the North American Aerospace Defense Command and the terms of reference for the North American 

Aerospace Defense Command. 

SEC. 1667. MATTERS RELATING TO INTERCONTINENTAL BALLISTIC 

MISSILES. 

(a) PROHIBITION.— (1) IN GENERAL.—Except as provided by paragraph (2), 

none of the funds authorized to be appropriated by this Act or 

otherwise made available for fiscal year 2017 for the Department of Defense shall be obligated or expended for— 

(A) reducing, or preparing to reduce, the responsiveness 

or alert level of the intercontinental ballistic missiles of the 

United States; or 

(B) reducing, or preparing to reduce, the quantity of deployed intercontinental ballistic missiles of the United 

States to a number less than 400. 

(2) EXCEPTION.—The prohibition in paragraph (1) shall not 

apply to any of the following activities: 

(A) The maintenance or sustainment of intercontinental 

ballistic missiles. 

(B) Ensuring the safety, security, or reliability of intercontinental ballistic missiles. 

(C) Reduction in the number of deployed intercontinental ballistic missiles that are carried out in compliance 

with— 

(i) the limitations of the New START Treaty (as 

defined in section 494(a)(2)(D) of title 10, United States 

Code); and 

(ii) section 1644 of the Carl Levin an Howard P. 

‘‘Buck’’ McKeon National Defense Authorization Act for 

Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3651; 

10 U.S.C. 494 note). 

(b) REPORT.— 

(1) IN GENERAL.—Not later than 60 days after the date of 

the enactment of this Act, the Secretary of the Air Force and the 

Chairman of the Nuclear Weapons Council shall submit to the 

congressional defense committees a report regarding efforts to 

carry out section 1057 of the National Defense Authorization 

Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 495 

note). 


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(2) ELEMENTS.—The report under paragraph (1) shall include the following with respect to the period of the expected 

lifespan of the Minuteman III system: 

(A) The number of nuclear warheads required to support the capability to redeploy multiple independently retargetable reentry vehicles across the full intercontinental 

ballistic missile fleet. 

(B) The current and planned (through 2030) readiness 

state of nuclear warheads intended to support the capability to redeploy multiple independently retargetable reentry vehicles across the full intercontinental ballistic missile fleet, including which portion of the active or inactive 

stockpile such warheads are classified within. 

(C) The current and planned (through 2030) reserve of 

components or subsystems required to redeploy multiple 

independently retargetable reentry vehicles across the full 

intercontinental ballistic missile fleet, including the plans 

or industrial capability and capacity to produce more such 

components or subsystems, if needed. 

(D) The current and planned (through 2030) time required to commence redeployment of multiple independently retargetable reentry vehicles across the intercontinental ballistic missile fleet, including the time required to 

finish deployment across the full fleet. 

(E) The estimated cost of maintaining the capability 

and warheads required to redeploy multiple independently 

retargetable reentry vehicles across the full intercontinental 

ballistic missile fleet. 

SEC. 1668. REQUESTS FOR FORCES TO MEET SECURITY REQUIREMENTS FOR LAND-BASED NUCLEAR FORCES. 

(a) EXPEDITED DECISION FOR SECURING LAND-BASED MISSILE

FIELDS.—To mitigate any risk posed to the nuclear forces of the 

United States by the failure to replace the UH–1N helicopter, the 

Secretary of Defense shall, in consultation with the Chairman of the 

Joint Chiefs of Staff— 

(1) decide if the land-based missile fields using UH–1N helicopters meet security requirements and if there are any shortfalls or gaps in meeting such requirements; 

(2) not later than 30 days after the date of the enactment 

of this Act, submit to Congress a report on the decision relating 

to a request for forces required by paragraph (1); and 

(3) if the Chairman determines the implementation of the 

decision to be warranted to mitigate any risk posed to the nuclear forces of the United States— 

(A) not later than 60 days after such date of enactment, 

implement that decision; or 

(B) if the Secretary cannot implement that decision 

during the period specified in subparagraph (A), not later 

than 45 days after such date of enactment, submit to Congress a report that includes a proposal for the date by 

which the Secretary can implement that decision and a 

plan to carry out that proposal. 

(b) LIMITATION.—Of the funds authorized to be appropriated by 

this Act or otherwise made available for fiscal year 2017 for the 

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fense for Acquisition, Technology, and Logistics, not more than 75 

percent may be obligated or expended until the date on which the 

Under Secretary certifies to the congressional defense committees 

that there is a acquisition process in place to ensure that a UH–1N 

replacement aircraft is under contract in fiscal year 2018. 

SEC. 1669. REPORT ON RUSSIAN AND CHINESE POLITICAL AND MILITARY LEADERSHIP SURVIVABILITY, COMMAND AND CONTROL, AND CONTINUITY OF GOVERNMENT PROGRAMS 

AND ACTIVITIES. 

(a) REPORT.—Not later than January 15, 2017, the Director of 

National Intelligence shall submit to the appropriate congressional 

committees, consistent with the protection of sources and methods, 

a report on the leadership survivability, command and control, and 

continuity of government programs and activities with respect to the 

People’s Republic of China and the Russian Federation, respectively. 

The report shall include the following: 

(1) The goals and objectives of such programs and activities 

of each respective country. 

(2) An assessment of how such programs and activities fit 

into the political and military doctrine and strategy of each respective country. 

(3) An assessment of the size and scope of such activities, 

including the location and description of above-ground and underground facilities important to the political and military 

leadership survivability, command and control, and continuity 

of government programs and activities of each respective country. 

(4) An identification of which facilities various senior political and military leaders of each respective country are expected 

to operate out of during crisis and wartime. 

(5) A technical assessment of the political and military 

means and methods for command and control in wartime of 

each respective country. 

(6) An identification of key officials and organizations of 

each respective country involved in managing and operating 

such facilities, programs, and activities, including the command structure for each organization involved in such programs and activities. 

(7) An assessment of how senior leaders of each respective 

country measure the effectiveness of such programs and activities. 

(8) An estimate of the annual cost of such programs and activities. 

(9) An assessment of the degree of enhanced survivability 

such programs and activities can be expected to provide in various military scenarios ranging from limited conventional conflict to strategic nuclear employment. 

(10) An assessment of the type and extent of foreign assistance, if any, in such programs and activities. 

(11) An assessment of the status and the effectiveness of the 

intelligence collection of the United States on such programs 

and capabilities, and any gaps in such collection. 

(12) Any other matters the Director determines appropriate. 

(b) COUNCIL ASSESSMENT.—Not later than 90 days after the 

date on which the Director submits the report under subsection (a), 


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the Council on Oversight of the National Leadership Command, 

Control, and Communications System established by section 171a of 

title 10, United States Code, shall submit to the appropriate congressional committees an assessment of how the command, control, 

and communications systems for the national leadership of the People’s Republic of China and the Russian Federation, respectively, 

compare to such system of the United States. 

(c) STRATCOM.—Together with the assessment submitted 

under subsection (b), the Commander of the United States Strategic 

Command shall submit to the appropriate congressional committees 

the views of the Commander on the report under subsection (a), including a detailed description for how the leadership survivability, 

command and control, and continuity of government programs and 

activities of the People’s Republic of China and the Russian Federation, respectively, are considered in the plans and options under the 

responsibility of the Commander under the unified command plan. 

(d) FORMS.—Each report or assessment submitted under this 

section may be submitted in unclassified form, but may include a 

classified annex. 

(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the congressional defense committees; and 

(2) the Permanent Select Committee on Intelligence of the 

House of Representatives and the Select Committee on Intelligence of the Senate. 

SEC. 1670. REVIEW BY COMPTROLLER GENERAL OF THE UNITED 

STATES OF RECOMMENDATIONS RELATING TO NUCLEAR 

ENTERPRISE OF DEPARTMENT OF DEFENSE. 

(a) IN GENERAL.—During each of fiscal years 2017 through 

2021, the Comptroller General of the United States shall conduct a 

review of the following: 

(1) The processes of the Department of Defense for addressing the recommendations of the Department of Defense Internal 

Nuclear Enterprise Review, the Independent Review of the Department of Defense Nuclear Enterprise, and other recommendations affecting the health of the nuclear enterprise of 

the Department of Defense identified or tracked by the Nuclear 

Deterrence Enterprise Review Group, including the process used 

by the Director of Cost Assessment and Program Evaluation to 

evaluate the implementation of such recommendations. 

(2) The processes used to implement recommendations from 

other assessments of the nuclear enterprise of the Department of 

Defense, including the National Leadership Command Capability and Nuclear Command, Control, and Communications 

Enterprise Review. 

(b) BRIEFING.—After conducting each review under subsection 

(a), the Comptroller General shall provide to the congressional defense committees a briefing on the review. 

(c) CONFORMING REPEAL.—Section 1658 of the National Defense 

Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 

Stat. 1125) is repealed. 

SEC. 1671. SENSE OF CONGRESS ON NUCLEAR DETERRENCE. 

It is the sense of Congress that— 


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(1) the nuclear forces of the United States continue to play 

a fundamental role in deterring aggression against the interests 

of the United States and the allies of the United States in an 

increasingly dangerous world in which foreign adversaries, including the Russian Federation, are making explicit nuclear 

threats against the United States and such allies; 

(2) strong United States nuclear forces assure the allies of 

the United States that the extended deterrence guarantees of the 

United States are credible and that the resolve of the United 

States remains strong even in the face of nuclear provocations, 

including nuclear coercion and blackmail; 

(3) the prevention of war through effective deterrence requires survivable and flexible nuclear forces that are well exercised and ready to respond to nuclear escalation if necessary; 

(4) possessing a range of capabilities and options to counter 

nuclear threats assures the allies of the United States and enhances the credibility of United States nuclear deterrence by reinforcing the resolve of the United States in the minds of such 

allies and potential adversaries; 

(5) the declared policy of the United States with respect to 

the use of nuclear weapons must be coordinated and communicate clearly that the use of nuclear weapons against the 

United States or its vital interests would ultimately fail and 

subject the aggressor to incalculable consequences; 

(6) in support of a strong and credible nuclear deterrent, 

the United States must— 

(A) maintain a nuclear force with a diverse, flexible 

range of nuclear yield and delivery modes that are ready, 

capable, and credible; 

(B) afford the highest priority to the modernization of 

the nuclear triad, dual-capable aircraft, and related command and control elements; and 

(C) ensure the broadest participation of allies of the 

United States in nuclear defense planning, training, and 

exercises to demonstrate the commitment of the United 

States and such allies and their solidarity against nuclear 

threats and coercion; and 

(7) with respect to the North Atlantic Treaty Organization 

(NATO)— 

(A) NATO has made it clear at the NATO summit in 

Warsaw, Poland, in July 2018, that— 

(i) ‘‘the fundamental purpose of NATO’s nuclear 

capability is to preserve peace, prevent coercion, and 

deter aggression’’; and 

(ii) ‘‘Nuclear weapons are unique. Any employment 

of nuclear weapons against NATO would fundamentally alter the nature of a conflict. The circumstances 

in which NATO might have to use nuclear weapons are 

extremely remote. If the fundamental security of any of 

its members were to be threatened however, NATO has 

the capabilities and resolve to impose costs on an adversary that would be unacceptable and far outweigh 

the benefits that an adversary could hope to achieve.’’; 

and 


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(B) accordingly, effective deterrence requires that 

NATO conduct realistic nuclear planning and exercises, 

and modernize the full suite of dual-capable aircraft and 

associated command and control networks and facilities. 

SEC. 1672. SENSE OF CONGRESS ON IMPORTANCE OF INDEPENDENT 

NUCLEAR DETERRENT OF UNITED KINGDOM. 

It is the sense of Congress that— 

(1) the United States believes that the independent nuclear 

deterrent and decision-making of the United Kingdom provides 

a crucial contribution to international stability, the North Atlantic Treaty Organization alliance, and the national security 

of the United States; 

(2) nuclear deterrence is and will continue to be the highest 

priority mission of the Department of Defense and the United 

States benefits when the closest ally of the United States clearly 

and unequivocally sets similar priorities; 

(3) the United States sees the nuclear deterrent of the 

United Kingdom as central to trans-Atlantic security and to the 

commitment of the United Kingdom to NATO to spend two percent of gross domestic product on defense; 

(4) the commitment of the United Kingdom to maintain a 

continuous at-sea deterrence posture today and in the future 

complements the deterrent capabilities of the United States and 

provides a credible ‘‘second center of decision making’’ which 

ensures potential attackers cannot discount the solidarity of the 

mutual relationship of the United States and the United Kingdom; 

(5) the United States Navy must execute the Ohio-class replacement submarine program on time and within budget, seeking efficiencies and cost savings wherever possible, to ensure 

that the program delivers a Common Missile Compartment, the 

Trident II (D5) Strategic Weapon System, and associated equipment and production capabilities, that support the successful 

development and deployment of the Dreadnought submarines of 

the United Kingdom; and 

(6) the close technical collaboration, especially expert mutual scientific peer review, provides valuable resilience and cost 

effectiveness to the respective deterrence programs of the United 

States and the United Kingdom. 

Subtitle E—Missile Defense Programs 

SEC. 1681. NATIONAL MISSILE DEFENSE POLICY. 

(a) POLICY.—It is the policy of the United States to maintain 

and improve an effective, robust layered missile defense system capable of defending the territory of the United States, allies, deployed 

forces, and capabilities against the developing and increasingly 

complex ballistic missile threat with funding subject to the annual 

authorization of appropriations and the annual appropriation of 

funds for National Missile Defense. 

(b) CONFORMING REPEAL.—Section 2 of the National Missile 

Defense Act of 1999 (Public Law 106–38; 10 U.S.C. 2431 note) is repealed. 


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SEC. 1682. EXTENSIONS OF PROHIBITIONS RELATING TO MISSILE DEFENSE INFORMATION AND SYSTEMS. 

(a) PROHIBITION ON INTEGRATION OF CERTAIN MISSILE DEFENSE SYSTEMS.— 

(1) IN GENERAL.—Section 130h of title 10, United States 

Code, is amended— 

(A) by redesignating subsection (d) as subsection (e); 

(B) by inserting after subsection (c) the following new 

subsection (d): 

‘‘(d) INTEGRATION.—None of the funds authorized to be appropriated or otherwise made available for any fiscal year for the Department of Defense may be obligated or expended to integrate a 

missile defense system of the Russian Federation or a missile defense system of the People’s Republic of China into any missile defense system of the United States.’’; and 

(C) by striking the section heading and inserting the 

following: ‘‘Prohibitions relating to missile defense information and systems’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 3 of title 10, United States Code, is amended 

by striking the item relating to section 130h and inserting the 

following new item: 

‘‘130h. Prohibitions relating to missile defense information and systems.’’. 

(3) CONFORMING REPEALS.—Sections 1672 and 1673 of the 

National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1130) are repealed. 

(b) EXTENSION OF SUNSET.—Section 130h(e) of title 10, United 

States Code, as redesignated by subsection (a)(1), is amended to 

read as follows: 

‘‘(e) SUNSET.—The prohibitions in subsections (a), (b), and (d) 

shall expire on January 1, 2019.’’. 

SEC. 1683. NON-TERRESTRIAL MISSILE DEFENSE INTERCEPT AND DEFEAT CAPABILITY FOR THE BALLISTIC MISSILE DEFENSE 

SYSTEM. 

Section 1685 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1142) is amended— 

(1) in subsection (c)(2), by inserting before the semicolon at 

the end the following: ‘‘for each fiscal year over the five-fiscalyear period beginning with the fiscal year following the fiscal 

year in which the report is submitted, assuming such potential 

program of record is technically feasible and could be deployed 

by December 31, 2027’’; and 

(2) by adding at the end the following new subsection: 

‘‘(d) COMMENCEMENT OF RDT&E.—Not later than 60 days after 

the submittal of the report required by subsection (c), the Director 

may commence coordination and activities associated with research, 

development, test, and evaluation on the programs described in subsection (c)(2).’’. 

SEC. 1684. REVIEW OF THE MISSILE DEFEAT POLICY AND STRATEGY 

OF THE UNITED STATES. 

(a) NEW REVIEW.—The Secretary of Defense and the Chairman 

of the Joint Chiefs of Staff shall jointly conduct a new review of the 

missile defeat capability, policy, and strategy of the United States, 

with respect to— 

(1) left- and right-of-launch ballistic missile defense for— 


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(A) both regional and homeland purposes; and 

(B) the full range of active, passive, kinetic, and nonkinetic defense measures across the full spectrum of land- 

, air-, sea-, and space-based platforms; 

(2) the integration of offensive and defensive forces for the 

defeat of ballistic missiles, including against weapons initially 

deployed on ballistic missiles, such as hypersonic glide vehicles; 

and 

(3) cruise missile defense of the homeland. 

(b) ELEMENTS.—The review under subsection (a) shall address 

the following: 

(1) The missile defeat policy, strategy, and objectives of the 

United States in relation to the national security strategy of the 

United States and the military strategy of the United States. 

(2) The role of deterrence in the missile defeat policy and 

strategy of the United States. 

(3) The missile defeat posture, capability, and force structure of the United States. 

(4) With respect to both the five- and ten-year periods beginning on the date of the review, the planned and desired endstate of the missile defeat programs of the United States, including regarding the integration and interoperability of such 

programs with the joint forces and the integration and interoperability of such programs with allies, and specific benchmarks, milestones, and key steps required to reach such endstates. 

(5) The process for determining requirements, force structure, and inventory objectives for missile defeat capabilities 

under such programs, including input from the joint military 

requirements process. 

(6) The organization, execution, and oversight of acquisition 

for the missile defeat programs of the United States. 

(7) The roles and responsibilities of the Office of the Secretary of Defense, Defense Agencies, combatant commands, the 

Joint Chiefs of Staff, the military departments, and the intelligence community in such programs and the process for ensuring accountability of each stakeholder. 

(8) Standards for the military utility, operational effectiveness, suitability, and survivability of the missile defeat systems 

of the United States. 

(9) The method in which resources for the missile defeat 

mission are planned, programmed, and budgeted within the 

Department of Defense. 

(10) The near-term and long-term costs and cost effectiveness of such programs. 

(11) The options for affecting the offense-defense cost curve. 

(12) The role of international cooperation in the missile defeat policy and strategy of the United States and the plans, policies, and requirements for integration and interoperability of 

missile defeat capability with allies. 

(13) Options for increasing the frequency of the codevelopment of missile defeat capabilities with allies of the United 

States in the near-term and far-term. 


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(14) Declaratory policy governing the employment of missile 

defeat capabilities and the military options and plans and employment options of such capabilities. 

(15) The role of multi-mission defense and other assets of 

the United States, including space and terrestrial sensors and 

plans to achieve multi-mission capability in current, planned, 

and other future assets and acquisition programs. 

(16) The indications and warning required to meet the missile defeat strategy and objectives of the United States described 

in paragraph (1) and the key enablers and programs to achieve 

such indications and warning. 

(17) The impact of the mobility, countermeasures, and denial and deception capabilities of adversaries on the indications 

and warning described in paragraph (16) and the consequences 

on the missile defeat capability, objectives, and military options 

of the United States and the plans of the combatant commanders. 

(18) Any other matters the Secretary determines relevant. 

(c) REPORTS.— 

(1) RESULTS.—Not later than January 31, 2018, the Secretary shall submit to the congressional defense committees a 

report setting forth the results of the review under subsection 

(a). 

(2) FORM.—The report required by paragraph (1) shall be 

submitted in unclassified form, but may include a classified 

annex. 

(3) ANNUAL IMPLEMENTATION UPDATES.—During the fiveyear period beginning on the date of the submission of the report under paragraph (1), the Director of Cost Assessment and 

Program Evaluation shall submit to the Secretary of Defense, 

the Chairman of the Joint Chiefs of Staff, and the congressional 

defense committees annual status updates detailing the progress 

of the Secretary in implementing the missile defeat strategy of 

the United States. 

(4) THREAT REPORT.—Not later than 180 days after the 

date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional defense committees, 

the Permanent Select Committee on Intelligence of the House of 

Representatives, and the Select Committee on Intelligence of the 

Senate a report containing an unclassified summary, consistent 

with the protection of intelligence sources and methods, of— 

(A) as of the date of the report required by this paragraph, the ballistic and cruise missile threat to the United 

States, deployed forces of the United States, and friends 

and allies of the United States from short-, medium-, intermediate-, and long-range nuclear and non-nuclear ballistic 

and cruise missile threats; and 

(B) an assessment of such threat in 2026. 

(5) DECLARATORY POLICY, CONCEPT OF OPERATIONS, AND

EMPLOYMENT GUIDELINES FOR LEFT-OF-LAUNCH CAPABILITY.— 

Not later than 120 days after the date of the enactment of this 

Act, the Secretary of Defense and the Chairman of the Joint 

Chiefs of Staff shall jointly submit to the congressional defense 

committees the following: 


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(A) The unclassified declaratory policy of the United 

States regarding the use of the left-of-launch capability of 

the United States against potential targets. 

(B) Both the classified and unclassified concept of operations for the use of such capability across and between the 

combatant commands. 

(C) Both the classified and unclassified employment 

strategy, plans, and options for such capability. 

(d) NOTIFICATION.— (1) LIMITATION.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 

2017 or fiscal year 2018 for the Secretary of Defense may be obligated or expended to change the non-standard acquisition 

processes and responsibilities described in paragraph (2) 

until— 

(A) the Secretary notifies the congressional defense 

committees of such proposed change; and 

(B) a period of 180 days has elapsed following the date 

of such notification. 

(2) NON-STANDARD ACQUISITION PROCESSES AND RESPON- SIBILITIES DESCRIBED.—The non-standard acquisition processes 

and responsibilities described in this paragraph are such processes and responsibilities described in— 

(A) the memorandum of the Secretary of Defense titled 

‘‘Missile Defense Program Direction’’ signed on January 2, 

2002; and 

(B) Department of Defense Directive 5134.09, as in effect on the date of the enactment of this Act. 

(e) DESIGNATION REQUIRED.— 

(1) AUTHORITY.—Not later than March 31, 2018, the Secretary of Defense shall designate a military department or Defense Agency with acquisition authority with respect to— 

(A) the capability to defend the homeland from cruise 

missiles; and 

(B) left-of-launch ballistic missile defeat capability. 

(2) DISCRETION.—The Secretary may designate a single 

military department or Defense Agency with the acquisition authority described in paragraph (1) or designate a separate military department or Defense Agency for each function specified 

in such paragraph. 

(3) VALIDATION.—In making a designation under paragraph (1), the Secretary shall include a description of the manner in which the military requirements for such capabilities 

will be validated. 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘Defense Agency’’ has the meaning given that 

term in section 101(a)(11) of title 10, United States Code. 

(2) The term ‘‘intelligence community’’ has the meaning 

given that term in section 3 of the National Security Act of 1947 

(50 U.S.C. 3003). 

SEC. 1685. MAXIMIZING AEGIS ASHORE CAPABILITY AND DEVELOPING 

MEDIUM RANGE DISCRIMINATION RADAR. 

(a) ANTI-AIR WARFARE CAPABILITY OF AEGIS ASHORE SITES.— 

(1) AUTHORIZATION.—Using funds authorized to be appropriated by sections 101 and 201 of this Act or otherwise made 


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available for fiscal year 2017 for procurement and research, development, test, and evaluation, the Secretary of Defense shall 

continue the development, procurement, and deployment of antiair warfare capabilities at each Aegis Ashore site in Romania 

and Poland. 

(2) LONG-LEAD COMPONENTS.—Of the funds specified in 

paragraph (1), not more than $25,000,000 may be obligated or 

expended for the procurement of long-lead components to provide the anti-air warfare capabilities described in such paragraph. 

(3) REPROGRAMMING AND TRANSFERS.—Any reprogramming 

or transfer made to carry out paragraph (1) shall be carried out 

in accordance with established procedures for reprogramming 

or transfers. 

(b) AEGIS ASHORE CAPABILITY EVALUATION.—Not later than 

120 days after the date of the enactment of this Act, the Secretary 

of Defense and the Chairman of the Joint Chiefs of Staff shall jointly submit to the congressional defense committees an evaluation of 

the ballistic missile and air threat against the continental United 

States and the efficacy (including with respect to cost, ideal and optimal deployment locations, and potential deployment schedule) of 

deploying one or more Aegis Ashore sites and Aegis Ashore components for the ballistic and cruise missile defense of the continental 

United States. 

(c) AEGIS ASHORE SITE AND MEDIUM RANGE DISCRIMINATION

RADAR ON THE PACIFIC MISSILE RANGE FACILITY.— 

(1) LIMITATION.—During fiscal year 2017, the Secretary of 

Defense may not reduce the manning levels or test capability, 

as such levels and capability existed on January 1, 2015, of the 

Aegis Ashore site at the Pacific Missile Range Facility in Hawaii, including by putting such site into a ‘‘cold’’ or ‘‘stand by’’ 

status. 

(2) ENVIRONMENTAL IMPACT STATEMENT.— 

(A) Not later than 60 days after the date of the enactment of this Act, the Director of the Missile Defense Agency 

shall notify the congressional defense committees on whether the preferred alternative for fielding a medium range 

ballistic missile defense sensor for the defense of Hawaii 

identified by the report under section 1689(b)(2) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1144) would require an update 

to the environmental impact statement required for constructing the Aegis Ashore site at the Pacific Missile Range 

Facility. 

(B) In carrying out the preferred alternative for fielding 

a medium range ballistic missile defense sensor for the defense of Hawaii, if the Director determines that an updated 

environmental impact statement, a new environmental impact statement, or another action is required or recommended pursuant to the National Environmental Policy 

Act of 1969 (42 U.S.C. et seq.), the Director shall commence 

such action by not later than 60 days after the date on 

which the Director makes the notification under subparagraph (A). 


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(3) EVALUATION.—Not later than 60 days after the date of 

the enactment of this Act, the Secretary of Defense and the 

Chairman of the Joint Chiefs of Staff shall jointly submit to the 

congressional defense committees an evaluation of the ballistic 

missile and air threat against Hawaii (including with respect 

to threats to the Armed Forces and installations located in Hawaii) and the efficacy (including with respect to cost and potential alternatives) of— 

(A) making the Aegis Ashore site at the Pacific Missile 

Range Facility operational; 

(B) deploying the preferred alternative for fielding a 

medium range ballistic missile defense sensor for the defense of Hawaii described in paragraph (2)(A); and 

(C) any other alternative the Secretary and the Chairman determine appropriate. 

(d) FORMS.—The evaluations submitted under subsections (b) 

and (c)(3) shall each be submitted in unclassified form, but may 

each include a classified annex. 

SEC. 1686. TECHNICAL AUTHORITY FOR INTEGRATED AIR AND MISSILE 

DEFENSE ACTIVITIES AND PROGRAMS. 

(a) AUTHORITY.— (1) IN GENERAL.—The Director of the Missile Defense Agency is the technical authority of the Department of Defense for integrated air and missile defense activities and programs, including joint engineering and integration efforts for such activities and programs, including with respect to defining and controlling the interfaces of such activities and programs and the 

allocation of technical requirements for such activities and programs. 

(2) DETAILEES.— (A) In carrying out the technical authority under paragraph (1), the Director may seek to have staff detailed to 

the Missile Defense Agency from the Joint Functional Component Command for Integrated Missile Defense and the 

Joint Integrated Air and Missile Defense Organization in a 

number the Director determines necessary in accordance 

with subparagraph (B). 

(B) In detailing staff under subparagraph (A) to carry 

out the technical authority under paragraph (1), the total 

number of staff, including detailees, of the Missile Defense 

Agency who carry out such authority may not exceed the 

number that is twice the number of such staff carrying out 

such authority as of January 1, 2016. 

(b) ASSESSMENTS AND PLANS.— 

(1) BIENNIAL SUBMISSION.—Not later than January 31, 

2017, and biennially thereafter through 2021, the Director shall 

submit to the congressional defense committees an assessment 

of the state of integration and interoperability of the integrated 

air and missile defense capabilities of the Department of Defense. 

(2) ELEMENTS.—Each assessment under paragraph (1) 

shall include the following: 

(A) Identification of any gaps in the integration and 

interoperability of the integrated air and missile defense capabilities of the Department. 


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(B) A description of the options to improve such capabilities and remediate such gaps. 

(C) A plan to carry out such improvements and remediations, including milestones and costs for such plan. 

(3) FORM.—Each assessment under paragraph (1) shall be 

submitted in classified form unless the Director determines that 

submitting such assessment in unclassified form is useful and 

expedient. 

SEC. 1687. HYPERSONIC DEFENSE CAPABILITY DEVELOPMENT. 

(a) EXECUTIVE AGENT.—The Director of the Missile Defense 

Agency shall serve as the executive agent for the Department of Defense for the development of a capability by the United States to 

counter hypersonic boost-glide vehicle capabilities and conventional 

prompt strike capabilities that may be employed against the United 

States, the allies of the United States, and the deployed forces of the 

United States. 

(b) DUTIES.—In carrying out subsection (a), the Director shall— 

(1) develop architectures for a hypersonic defense capability, from detecting threats to intercepting such threats, that— 

(A) involves systems of the military departments and 

the Defense Agencies; and 

(B) includes both kinetic and nonkinetic options for 

such interception; and 

(2) not later than September 30, 2017, establish a program 

of record to develop a hypersonic defense capability. 

(c) REPORTS REQUIRED.—Not later than March 31, 2017— 

(1) the Director shall submit to the congressional defense 

committees a report on the architectures and sensors evaluated 

pursuant to subsection (b); and 

(2) the Chairman of the Joint Chiefs of Staff shall submit 

to the congressional defense committees a report on the military 

capability or capabilities and capability gaps relating to the 

threat posed by hypersonic boost-glide vehicles and maneuvering ballistic missiles to the United States, the allies of the 

United States, and the deployed forces of the United States. 

(d) NOTIFICATION OF FUNDING PROCEDURES.—Not later than 90 

days after the date on which the Director submits the report under 

subsection (c)(1), the Director shall notify the congressional defense 

committees with respect to whether the Director intends to use established procedures for reprogramming or transfers to carry out subsection (a) to conduct activities regarding experimentation, modeling 

and simulation, or research and development, to develop a 

hypersonic defense capability. 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘Defense Agencies’’ has the meaning given that 

term in section 101(a)(11) of title 10, United States Code. 

(2) The term ‘‘executive agent’’ has the meaning given the 

term ‘‘DoD Executive Agent’’ in Department of Defense Directive 

5101.1, or any successor directive relating to the responsibilities 

of an executive agent of the Department of Defense. 

(3) The term ‘‘hypersonic defense capability’’ means the capability to counter hypersonic boost-glide vehicles and conventional prompt strike ballistic missiles. 


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SEC. 1688. CONVENTIONAL PROMPT GLOBAL STRIKE WEAPONS SYSTEM. 

(a) MILESTONE A APPROVAL DECISION.—The Secretary of Defense shall make a decision regarding Milestone A approval (as defined in section 2366(e) of title 10, United States Code) for the conventional prompt global strike weapons system not later than the 

earlier of— 

(1) September 30, 2020; or 

(2) the date that is 240 days after the date of the successful 

completion of intermediate range flight 2 of such system. 

(b) LIMITATION ON AVAILABILITY OF FUNDS.—Of the funds authorized to be appropriated by this Act or otherwise made available 

for fiscal year 2017 for research, development, test, and evaluation, 

Defense-wide, for the conventional prompt global strike weapons 

system, not more than 75 percent may be obligated or expended 

until the date on which the Chairman of the Joint Chiefs of Staff, 

in consultation with the Commander of the United States European 

Command, the Commander of the United States Pacific Command, 

and the Commander of the United States Strategic Command, submits to the congressional defense committees a report on— 

(1) whether there are warfighter requirements or integrated 

priorities list submitted needs for a limited operational conventional prompt strike capability; and 

(2) whether the program plan and schedule proposed by the 

program office in the Office of the Under Secretary of Defense 

for Acquisition, Technology, and Logistics supports such requirements and integrated priorities lists submissions. 

SEC. 1689. REQUIRED TESTING BY MISSILE DEFENSE AGENCY OF 

GROUND-BASED MIDCOURSE DEFENSE ELEMENT OF BALLISTIC MISSILE DEFENSE SYSTEM. 

(a) TESTING REQUIRED.—Except as provided in subsection (c), 

not less frequently than once each fiscal year, the Director of the 

Missile Defense Agency shall administer a flight test of the groundbased midcourse defense element of the ballistic missile defense system. 

(b) REQUIREMENTS.—The Director shall ensure that each test 

carried out under subsection (a) provides, when possible, for one or 

more of the following: 

(1) The validation of technical improvements made to increase system performance and reliability. 

(2) The evaluation of the operational effectiveness of the 

ground-based midcourse defense element of the ballistic missile 

defense system. 

(3) The use of threat-representative targets and critical engagement conditions. 

(4) The evaluation of new configurations of interceptors before they are fielded. 

(5) The satisfaction of the ‘‘fly before buy’’ acquisition approach for new interceptor components or software. 

(6) The evaluation of the interoperability of the groundbased midcourse defense element with other elements of the ballistic missile defense systems. 

(c) EXCEPTIONS.—The Director may forgo a test under subsection (a) in a fiscal year under one or more of the following conditions: 


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(1) Such a test would jeopardize national security. 

(2) Insufficient time considerations between post-test analysis and subsequent pre-test design. 

(3) Insufficient funding. 

(4) An interceptor is unavailable. 

(5) A target is unavailable or is insufficiently representative 

of threats. 

(6) The test range or necessary test assets are unavailable. 

(7) Inclement weather. 

(8) Any other condition the Director considers appropriate. 

(d) CERTIFICATION.—Not later than 45 days after forgoing a test 

for a condition or conditions under subsection (c)(8), the Under Secretary of Defense for Acquisition, Technology, and Logistics shall 

submit to the congressional defense committees a certification setting forth the condition or conditions that caused the test to be forgone under such subsection. 

(e) REPORT.—Not later than 45 days after forgoing a test for 

any condition specified in subsection (c), the Director shall submit 

to the congressional defense committees a report setting forth the rationale for forgoing the test and a plan to restore an intercept flight 

test in the Integrated Master Test Plan of the Missile Defense Agency. In the case of a test forgone for a condition or conditions under 

subsection (c)(8), the report required by this subsection is in addition to the certification required by subsection (d). 

SEC. 1690. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND 

ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM CODEVELOPMENT AND COPRODUCTION. 

(a) IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM.— (1) AVAILABILITY OF FUNDS.—Of the funds authorized to be 

appropriated by this Act or otherwise made available for fiscal 

year 2017 for procurement, Defense-wide, and available for the 

Missile Defense Agency, not more than $62,000,000 may be provided to the Government of Israel to procure Tamir interceptors 

for the Iron Dome short-range rocket defense system through coproduction of such interceptors in the United States by industry 

of the United States. 

(2) CONDITIONS.— (A) AGREEMENT.—Funds described in paragraph (1) 

for the Iron Dome short-range rocket defense program shall 

be available subject to the terms and conditions in the 

Agreement Between the Department of Defense of the 

United States of America and the Ministry of Defense of the 

State of Israel Concerning Iron Dome Defense System Procurement, signed on March 5, 2014, subject to an amended 

bilateral international agreement for coproduction for 

Tamir interceptors. In negotiations by the Missile Defense 

Agency and the Missile Defense Organization of the Government of Israel regarding such production, the goal of the 

United States is to maximize opportunities for coproduction 

of the Tamir interceptors described in paragraph (1) in the 

United States by industry of the United States. 

(B) CERTIFICATION.—Not later than 30 days prior to 

the initial obligation of funds described in paragraph (1), 

the Director of the Missile Defense Agency and the Under 

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tics shall jointly submit to the appropriate congressional 

committees— 

(i) a certification that the amended bilateral international agreement specified in subparagraph (A) is 

being implemented as provided in such agreement; and 

(ii) an assessment detailing any risks relating to 

the implementation of such agreement. 

(b) ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM CODEVELOPMENT AND COPRODUCTION.— 

(1) IN GENERAL.—Subject to paragraph (2), of the funds authorized to be appropriated for fiscal year 2017 for procurement, Defense-wide, and available for the Missile Defense Agency— 

(A) not more than $150,000,000 may be provided to the 

Government of Israel to procure the David’s Sling Weapon 

System, including for coproduction of parts and components in the United States by United States industry; and 

(B) not more than $120,000,000 may be provided to the 

Government of Israel for the Arrow 3 Upper Tier Interceptor Program, including for coproduction of parts and 

components in the United States by United States industry. 

(2) CERTIFICATION.— 

(A) CRITERIA.—Except as provided by paragraph (3), 

the Under Secretary of Defense for Acquisition, Technology, 

and Logistics shall submit to the appropriate congressional 

committees a certification that— 

(i) the Government of Israel has demonstrated the 

successful completion of the knowledge points, technical milestones, and production readiness reviews required by the research, development, and technology 

agreements for the David’s Sling Weapon System and 

the Arrow 3 Upper Tier Development Program, respectively; 

(ii) funds specified in subparagraphs (A) and (B) 

of paragraph (1) will be provided on the basis of a onefor-one cash match made by Israel for such respective 

systems or in another matching amount that otherwise 

meets best efforts (as mutually agreed to by the United 

States and Israel); 

(iii) the United States has entered into a bilateral 

international agreement with Israel that establishes, 

with respect to the use of such funds— 

(I) in accordance with clause (iv), the terms of 

coproduction of parts and components of such respective systems on the basis of the greatest practicable coproduction of parts, components, and allup rounds (if appropriate) by United States industry and minimizes nonrecurring engineering and 

facilitization expenses to the costs needed for coproduction; 

(II) complete transparency on the requirement 

of Israel for the number of interceptors and batteries of such respective systems that will be procured, including with respect to the procurement 


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plans, acquisition strategy, and funding profiles of 

Israel; 

(III) technical milestones for coproduction of 

parts and components and procurement of such respective systems; and 

(IV) joint approval processes for third-party 

sales of such respective systems and the components of such respective systems; 

(iv) the level of coproduction described in clause 

(iii)(I) for the Arrow 3 Upper Tier Interceptor Program 

and the David’s Sling Weapon System is not less than 

50 percent; and 

(v) of the funds specified in subparagraph (B) of paragraph (1), not more than $5,000,000 may be obligated or expended to cover costs related to any delays, 

including delays with respect to exchanging technical 

data or specifications, of the Arrow 3 Upper Tier Interceptor Program. 

(B) NUMBER.—In carrying out subparagraph (A), the 

Under Secretary may submit— 

(i) one certification covering both the David’s Sling 

Weapon System and the Arrow 3 Upper Tier Interceptor Program; or 

(ii) separate certifications for each respective system. 

(C) TIMING.—The Under Secretary shall submit to the 

congressional defense committees the certification under 

subparagraph (A) by not later than 60 days before the 

funds specified in paragraph (1) for the respective system 

covered by the certification are provided to the Government 

of Israel. 

(3) WAIVER.—The Under Secretary may waive the certification required by paragraph (2) if the Under Secretary certifies 

to the appropriate congressional committees that the Under Secretary has received sufficient data from the Government of 

Israel to demonstrate— 

(A) the funds specified in subparagraphs (A) and (B) of 

paragraph (1) are provided to Israel solely for funding the 

procurement of long-lead components and critical hardware 

in accordance with a production plan, including a funding 

profile detailing Israeli contributions for production, including long-lead production, of either David’s Sling Weapon System or the Arrow 3 Upper Tier Interceptor Program; 

(B) such long-lead components have successfully completed knowledge points, technical milestones, and production readiness reviews; and 

(C) the long-lead procurement will be conducted in a 

manner that maximizes coproduction in the United States 

without incurring nonrecurring engineering activity or cost 

other than such activity or cost required for suppliers of the 

United States to start or restart production in the United 

States. 

(c) LIMITATION ON FUNDING FOR DAVID’S SLING WEAPON SYSTEM.—None of the amounts appropriated or otherwise made available pursuant to subsection (a)(1) of section 1679 of the National 


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Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 

129 Stat. 1135) that remain available and are unobligated as of the 

date of the enactment of this Act may be obligated or expended until 

the appropriate congressional committees receive the plan required 

by subsection (d) of such section. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ means 

the following: 

(1) The congressional defense committees. 

(2) The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. 

SEC. 1691. LIMITATIONS ON AVAILABILITY OF FUNDS FOR LOWER TIER 

AIR AND MISSILE DEFENSE CAPABILITY OF THE ARMY. 

(a) LIMITATION.—Of the funds authorized to be appropriated by 

this Act or otherwise made available for fiscal year 2017 for lower 

tier missile defense capability (PE 0604114A) radar replacement, 

not more than 75 percent may be obligated or expended until each 

of the following occurs: 

(1) The Director of the Missile Defense Agency, in coordination with the Chief of Staff of the Army, submits to the congressional defense committees a report on the manner in which the 

Director, acting as the technical integrating authority for air 

and missile defense, will ensure that the lower tier air and missile defense radar will meet the requirements of the commanders of the combatant commands for interoperability with 

the ballistic missile defense system and other air and missile 

defense capabilities deployed and planned to be deployed by the 

United States, including the establishment of key military requirements for such integrated capability and program development milestones. 

(2) The Chairman of the Joint Chiefs of Staff— 

(A) certifies to the congressional defense committees 

that the planned lower tier air and missile defense radar 

of the Army is being designed to fully support the required 

attributes for modularity sought by the commanders of the 

geographic combatant commands, including a description 

of such required attributes and the key milestones that will 

be used to ensure such modularity is achieved; and 

(B) notifies the congressional defense committees of any 

objective requirements not met in the threshold requirement 

for the air and missile defense capability of the Army, including an assessment of any resulting capability gaps to 

military air and missile defense capability. 

(b) ADDITIONAL LIMITATION.—In addition to the limitation in 

subsection (a), of the funds authorized to be appropriated by this 

Act or otherwise made available for fiscal year 2017 for lower tier 

missile defense capability (PE 0604114A) radar replacement, not 

more than 90 percent may be obligated or expended until the date 

on which the Chief of Staff of the Army, in coordination with the 

Secretary of the Army, submits to the congressional defense committees a determination regarding— 

(1) whether the technology demonstration and knowledge 

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sition program support a fair, full, and open acquisition program that can begin low-rate initial production earlier than 

2021; and 

(2) if such production can begin earlier than 2021, what 

steps the Chief of Staff is taking to achieve such an earlier production date. 

(c) NOTIFICATION ON DELEGATION.—Not later than 30 days 

after the date of the enactment of this Act, the Under Secretary of 

Defense for Acquisition, Technology, and Logistics shall notify the 

congressional defense committees as to whether the Under Secretary 

will delegate to the Secretary of the Army the acquisition authority 

for the lower tier air and missile defense radar program of the 

Army. 

(d) NOTIFICATION ON FUNDING.—Not later than 30 days after 

the completion of the technology demonstration phase of the lower 

tier air and missile defense radar acquisition program, the Secretary of the Army shall notify the congressional defense committees 

whether the Secretary could carry out a reprogramming or transfer 

of funds previously authorized to be appropriated for another purpose (in accordance with established procedures for reprogramming 

or transfers) to meaningfully accelerate the acquisition program 

and, if so, how. 

SEC. 1692. PILOT PROGRAM ON LOSS OF UNCLASSIFIED, CONTROLLED 

TECHNICAL INFORMATION. 

(a) PILOT PROGRAM.—Beginning not later than 90 days after 

the date of the enactment of this Act, the Director of the Missile Defense Agency shall carry out a pilot program to implement improvements to the data protection options in the programs of the Missile 

Defense Agency (including the contractors of the Agency), particularly with respect to unclassified, controlled technical information 

and controlled unclassified information. 

(b) PRIORITY.—In carrying out the pilot program under subsection (a), the Director shall give priority to implementing data 

protection options that are used by the private sector and have been 

proven successful. 

(c) DURATION.—The Director shall carry out the pilot program 

under subsection (a) for not more than a 5-year period. 

(d) NOTIFICATION.—Not later than 30 days before the date on 

which the Director commences the pilot program under subsection 

(a), the Director shall notify the congressional defense committees, 

the Committee on Oversight and Government Reform of the House 

of Representatives, and the Committee on Homeland Security and 

Governmental Affairs of the Senate of— 

(1) the data protection options that the Director is considering to implement under the pilot program and the potential 

costs of such options; and 

(2) such option that is the preferred option of the Director. 

(e) DATA PROTECTION OPTIONS.—In this section, the term ‘‘data 

protection options’’ means actions to improve processes, practices, 

and systems that relate to the safeguarding, hygiene, and data protection of information. 

SEC. 1693. PLAN FOR PROCUREMENT OF MEDIUM-RANGE DISCRIMINATION RADAR TO IMPROVE HOMELAND MISSILE DEFENSE. 

(a) PLAN.— 


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(1) DEVELOPMENT.—The Director of the Missile Defense 

Agency shall develop a plan to— 

(A) procure a medium-range discrimination radar or 

equivalent sensor for a location the Director determines will 

improve homeland missile defense for the defense of Hawaii 

from the limited ballistic missile threat (including accidental or unauthorized launch); and 

(B) field such radar or equivalent sensor by not later 

than December 31, 2021. 

(2) SUBMISSION.—Not later than 60 days after the date of 

the enactment of this Act, the Director shall submit to the congressional defense committees the plan developed under paragraph (1). 

(b) REQUEST FOR PROPOSALS.—Not later than October 1, 2017, 

the Director shall issue a request for proposals for the mediumrange discrimination radar or equivalent sensor specified in subsection (a)(1)(A). 

SEC. 1694. REVIEW OF MISSILE DEFENSE AGENCY BUDGET SUBMISSIONS FOR GROUND-BASED MIDCOURSE DEFENSE AND 

EVALUATION OF ALTERNATIVE GROUND-BASED INTERCEPTOR DEPLOYMENTS. 

(a) BUDGET SUFFICIENCY.— 

(1) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Director of Cost Assessment and Program Evaluation shall submit to the congressional defense committees a report on the ground-based midcourse defense system. 

(2) ELEMENTS.—The report under paragraph (1) shall include an evaluation of each of the following: 

(A) The modernization requirements for the groundbased midcourse system, including all command and control, ground systems, sensors and sensor interfaces, boosters 

and kill vehicles, and integration of known future systems 

and components. 

(B) The obsolescence of such systems and components. 

(C) The industrial base requirements relating to the 

ground-based midcourse system, as determined by the Director of the Missile Defense Agency. 

(D) The extent to which the estimated levels of annual 

funding included in the most recent budget and the futureyears defense program submitted under section 221 of title 

10, United States Code, fully fund the requirements under 

subparagraph (A). 

(3) UPDATES.—Not later than 30 days after the date on 

which each budget is submitted through January 31, 2021, the 

Director shall submit to the congressional defense committees 

an update to the report under paragraph (1). 

(b) EVALUATION OF TRANSPORTABLE GROUND-BASED INTER- CEPTOR.—Not later than 180 days after the date of the enactment 

of this Act, the Director of the Missile Defense Agency shall submit 

to the congressional defense committees a report on transportable 

ground-based interceptors. Such report shall detail the views of the 

Director regarding— 

(1) the cost that is unconstrained by current projected budget levels for the Missile Defense Agency (including a detailed 

program development production and deployment cost and 


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schedule for the earliest technically possible deployment), the 

associated manning, and the comparative cost (including as 

compared to developing a fixed ground-based interceptor site), 

technical readiness, and feasibility of a transportable groundbased interceptor as a means to deploy additional ground-based 

interceptors for the defense of the United States and the operational value of a transportable ground-based interceptor for 

the defense of the homeland against a limited ballistic missile 

attack, including from accidental or unauthorized ballistic missile launch; 

(2) the type and number of flight and or intercept tests that 

would be required to validate the capability and compatibility 

of a transportable ground-based interceptor in the ballistic missile defense system; 

(3) the enabling capabilities, and the cost of such capabilities, to support such a system; 

(4) any safety consideration of a transportable groundbased interceptor; and 

(5) other matters that the Director determines pertinent to 

such a system. 

(c) FORM.—The report submitted under subsection (b) shall be 

submitted in unclassified form, but may include a classified annex. 

(d) DEFINITIONS.—In this section, the terms ‘‘budget’’ and ‘‘defense budget materials’’ have the meanings given those terms in section 231 of title 10, United States Code. 

SEC. 1695. SEMIANNUAL NOTIFICATIONS ON MISSILE DEFENSE TESTS 

AND COSTS. 

(a) NOTIFICATIONS.—Not less than once every 180-day period 

beginning 90 days after the date of the enactment of this Act and 

ending on January 31, 2021, the Director of the Missile Defense 

Agency shall submit to the congressional defense committees a notification on— 

(1) the outcome of each planned flight test, including intercept tests, occurring during the period covered by the notification; and 

(2) flight tests, including intercept tests, planned to occur 

after the date of the notification. 

(b) ELEMENTS.—Each notification shall include the following: 

(1) With respect to each test described in subsection (a)(1)— 

(A) the cost; 

(B) any changes made to the scope or objectives of the 

test, or future tests, and an explanation for such changes; 

(C) in the event of a failure of the test or a decision to 

delay or cancel the test— 

(i) the reasons such test did not succeed or occur; 

(ii) the funds expended on such attempted test; and 

(iii) in the case of a test failure or cancelled test 

that is the result of contractor performance, the contractor liability, if appropriate, as compared to the cost 

of such test and potential retest; and 

(D) the plan to conduct a retest, if necessary, and an 

estimate of the cost of such retest. 

(2) With respect to each test described in subsection (a)(2)— 

(A) any changes made to the scope of the test; 


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(B) whether the test was to occur earlier but was delayed; and 

(C) an explanation for any such changes or delays. 

(3) The status of any open failure review boards or any failure review boards completed during the period covered by the 

notification. 

(c) FORM.—Each notification submitted under subsection (a) 

shall be submitted in unclassified form, but may include a classified annex. 

SEC. 1696. REPORTS ON UNFUNDED PRIORITIES OF THE MISSILE DEFENSE AGENCY. 

(a) REPORTS.—Not later than 10 days after the date on which 

the budget of the President for each of fiscal years 2018 and 2019 

is submitted to Congress pursuant to section 1105 of title 31, United 

States Code, the Director of the Missile Defense Agency shall submit 

to the Secretary of Defense and the Chairman of the Joint Chiefs 

of Staff, and to the congressional defense committees, a report on 

the unfunded priorities of the Missile Defense Agency. 

(b) ELEMENTS.— 

(1) IN GENERAL.—Each report under subsection (a) shall 

specify, for each unfunded priority covered by such report, the 

following: 

(A) A summary description of such priority, including 

the objectives to be achieved if such priority is funded 

(whether in whole or in part). 

(B) The additional amount of funds recommended in 

connection with the objectives under subparagraph (A). 

(C) Account information with respect to such priority, 

including the following (as applicable): 

(i) Line Item Number (LIN) for applicable procurement accounts. 

(ii) Program Element (PE) number for applicable 

research, development, test, and evaluation accounts. 

(iii) Sub-activity group (SAG) for applicable operation and maintenance accounts. 

(2) PRIORITIZATION OF PRIORITIES.—Each report under subsection (a) shall present the unfunded priorities covered by such 

report in order of urgency of priority. 

(c) UNFUNDED PRIORITY DEFINED.—In this section, the term 

‘‘unfunded priority’’, in the case of a fiscal year, means a program, 

activity, or mission requirement of the Missile Defense Agency 

that— 

(1) is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of 

title 31, United States Code; 

(2) is necessary to fulfill a requirement associated with an 

operational or contingency plan of a combatant command or 

other validated requirement; and 

(3) would have been recommended for funding through the 

budget referred to in paragraph (1) by the Director of the Missile Defense Agency in connection with the budget if— 

(A) additional resources had been available for the 

budget to fund the program, activity, or mission requirement; or 


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(B) the program, activity, or mission requirement has 

emerged since the budget was formulated. 

Subtitle F—Other Matters 

SEC. 1697. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM 

UNMANNED AIRCRAFT. 

(a) IN GENERAL.—Chapter 3 of title 10, United States Code, is 

amended by adding at the end the following new section: 

‘‘§ 130i. Protection of certain facilities and assets from unmanned aircraft 

‘‘(a) AUTHORITY.—Notwithstanding any provision of title 18, the 

Secretary of Defense may take, and may authorize the armed forces 

to take, such actions described in subsection (b)(1) that are necessary to mitigate the threat (as defined by the Secretary of Defense, 

in consultation with the Secretary of Transportation) that an unmanned aircraft system or unmanned aircraft poses to the safety or 

security of a covered facility or asset. 

‘‘(b) ACTIONS DESCRIBED.—(1) The actions described in this 

paragraph are the following: 

‘‘(A) Detect, identify, monitor, and track the unmanned aircraft system or unmanned aircraft, without prior consent, including by means of intercept or other access of a wire, oral, or 

electronic communication used to control the unmanned aircraft 

system or unmanned aircraft. 

‘‘(B) Warn the operator of the unmanned aircraft system or 

unmanned aircraft, including by passive or active, and direct 

or indirect physical, electronic, radio, and electromagnetic 

means. 

‘‘(C) Disrupt control of the unmanned aircraft system or unmanned aircraft, without prior consent, including by disabling 

the unmanned aircraft system or unmanned aircraft by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications used to control the unmanned 

aircraft system or unmanned aircraft. 

‘‘(D) Seize or exercise control of the unmanned aircraft system or unmanned aircraft. 

‘‘(E) Seize or otherwise confiscate the unmanned aircraft 

system or unmanned aircraft. 

‘‘(F) Use reasonable force to disable, damage, or destroy the 

unmanned aircraft system or unmanned aircraft. 

‘‘(2) The Secretary of Defense shall develop the actions described 

in paragraph (1) in coordination with the Secretary of Transportation. 

‘‘(c) FORFEITURE.—Any unmanned aircraft system or unmanned 

aircraft described in subsection (a) that is seized by the Secretary 

of Defense is subject to forfeiture to the United States. 

‘‘(d) REGULATIONS.—The Secretary of Defense and the Secretary 

of Transportation may prescribe regulations and shall issue guidance in the respective areas of each Secretary to carry out this section. 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) The term ‘covered facility or asset’ means any facility 

or asset that— 


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‘‘(A) is identified by the Secretary of Defense for purposes of this section; 

‘‘(B) is located in the United States (including the territories and possessions of the United States); and 

‘‘(C) relates to— 

‘‘(i) the nuclear deterrence mission of the Department of Defense, including with respect to nuclear command and control, integrated tactical warning and attack assessment, and continuity of government; 

‘‘(ii) the missile defense mission of the Department; 

or 

‘‘(iii) the national security space mission of the Department. 

‘‘(2) The terms ‘unmanned aircraft’ and ‘unmanned aircraft 

system’ have the meanings given those terms in section 331 of 

the FAA Modernization and Reform Act of 2012 (Public Law 

112–95; 49 U.S.C. 40101 note).’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 130h the following new item: 

‘‘130i. Protection of certain facilities and assets from unmanned aircraft.’’. 

SEC. 1698. HARMFUL INTERFERENCE TO DEPARTMENT OF DEFENSE 

GLOBAL POSITIONING SYSTEM. 

(a) FEDERAL COMMUNICATIONS COMMISSION CONDITIONS ON

COMMERCIAL TERRESTRIAL OPERATIONS.—Part I of title III of the 

Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by 

adding at the end the following: 

‘‘SEC. 343. CONDITIONS ON COMMERCIAL TERRESTRIAL OPERATIONS. 

‘‘(a) IN GENERAL.—The Commission shall not permit commercial terrestrial operations in the 1525–1559 megahertz band or the 

1626.5–1660.5 megahertz band until the date that is 90 days after 

the Commission resolves concerns of widespread harmful interference by such operations in such band to covered GPS devices. 

‘‘(b) NOTICE TO CONGRESS.— 

‘‘(1) IN GENERAL.—At the conclusion of the decision regarding whether to permit such operations in such band, the Commission shall submit to the congressional committees described 

in paragraph (2) official copies of the documents containing the 

final decision of the Commission. If the decision is to permit 

such operations in such band, such documents shall contain or 

be accompanied by an explanation of how the concerns described in subsection (a) have been resolved. 

‘‘(2) CONGRESSIONAL COMMITTEES DESCRIBED.—The congressional committees described in this paragraph are the following: 

‘‘(A) The Committee on Energy and Commerce and the 

Committee on Armed Services of the House of Representatives. 

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

‘‘(c) COVERED GPS DEVICE DEFINED.—In this section, the term 

‘covered GPS device’ means a Global Positioning System device of 

the Department of Defense.’’. 


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(b) SECRETARY OF DEFENSE REVIEW OF HARMFUL INTERFERENCE.— 

(1) REVIEW.—Not later than 90 days after the date of the 

enactment of this Act, and every 90 days thereafter until the 

date referred to in paragraph (3), the Secretary of Defense shall 

conduct a review to— 

(A) assess the ability of covered GPS devices to receive 

signals from Global Positioning System satellites without 

widespread harmful interference; and 

(B) determine if commercial communications services 

are causing or will cause widespread harmful interference 

with covered GPS devices. 

(2) NOTICE TO CONGRESS.— 

(A) NOTICE.—If the Secretary of Defense determines 

during a review under paragraph (1) that commercial communications services are causing or will cause widespread 

harmful interference with covered GPS devices, the Secretary shall promptly submit to the congressional defense 

committees notice of such interference. 

(B) CONTENTS.—The notice required under subparagraph (A) shall include— 

(i) a list and description of the covered GPS devices that are being or expected to be interfered with by 

commercial communications services; 

(ii) a description of the source of, and the entity 

causing or expected to cause, the interference with such 

devices; 

(iii) a description of the manner in which such 

source or such entity is causing or expected to cause 

such interference; 

(iv) a description of the magnitude of harm caused 

or expected to be caused by such interference; 

(v) a description of the duration of and the conditions and circumstances under which such interference 

is occurring or expected to occur; 

(vi) a description of the impact of such interference 

on the national security interests of the United States; 

and 

(vii) a description of the plans of the Secretary to 

address, alleviate, or mitigate such interference, including the cost of such plans. 

(C) FORM.—The notice required under subparagraph 

(A) shall be submitted in unclassified form, but may include a classified annex. 

(3) TERMINATION DATE.—The date referred to in this paragraph is the earlier of— 

(A) the date that is two years after the date of the enactment of this Act; or 

(B) the date on which the Secretary— 

(i) determines that commercial communications 

services are not causing any widespread harmful interference with covered GPS devices; and 

(ii) submits to the congressional defense committees notice of the determination made under clause (i). 


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(c) COVERED GPS DEVICE DEFINED.—In this section, the term 

‘‘covered GPS device’’ means a Global Positioning System device of 

the Department of Defense. 

(d) CONFORMING REPEAL.—Section 911 of the National Defense 

Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 

Stat. 1534) is repealed. 

TITLE XVII—GUAM WORLD WAR II LOYALTY RECOGNITION ACT 

Sec. 1701. Short title. 

Sec. 1702. Recognition of the suffering and loyalty of the residents of Guam. 

Sec. 1703. Guam World War II Claims Fund. 

Sec. 1704. Payments for Guam World War II claims. 

Sec. 1705. Adjudication. 

Sec. 1706. Grants program to memorialize the occupation of Guam during World 

War II. 

Sec. 1707. Authorization of appropriations. 

SEC. 1701. SHORT TITLE. 

This title may be cited as the ‘‘Guam World War II Loyalty Recognition Act’’. 

SEC. 1702. RECOGNITION OF THE SUFFERING AND LOYALTY OF THE 

RESIDENTS OF GUAM. 

(a) RECOGNITION OF THE SUFFERING OF THE RESIDENTS OF

GUAM.—The United States recognizes that, as described by the 

Guam War Claims Review Commission, the residents of Guam, on 

account of their United States nationality, suffered unspeakable 

harm as a result of the occupation of Guam by Imperial Japanese 

military forces during World War II, by being subjected to death, 

rape, severe personal injury, personal injury, forced labor, forced 

march, or internment. 

(b) RECOGNITION OF THE LOYALTY OF THE RESIDENTS OF

GUAM.—The United States forever will be grateful to the residents 

of Guam for their steadfast loyalty to the United States, as demonstrated by the countless acts of courage they performed despite the 

threat of death or great bodily harm they faced at the hands of the 

Imperial Japanese military forces that occupied Guam during 

World War II. 

SEC. 1703. GUAM WORLD WAR II CLAIMS FUND. 

(a) ESTABLISHMENT OF FUND.—The Secretary of the Treasury 

shall establish in the Treasury of the United States a special fund 

(in this title referred to as the ‘‘Claims Fund’’) for the payment of 

claims submitted by compensable Guam victims and survivors of 

compensable Guam decedents in accordance with sections 1704 and 

1705. 

(b) COMPOSITION OF FUND.—The Claims Fund established 

under subsection (a) shall be composed of amounts deposited into 

the Claims Fund under subsection (c) and any other payments 

made available for the payment of claims under this title. 

(c) PAYMENT OF CERTAIN DUTIES, TAXES, AND FEES COLLECTED

FROM GUAM DEPOSITED INTO FUND.— 

(1) IN GENERAL.—Notwithstanding section 30 of the Organic Act of Guam (48 U.S.C. 1421h), the excess of— 

(A) any amount of duties, taxes, and fees collected 

under such section after fiscal year 2014, over 

(B) the amount of duties, taxes, and fees collected 

under such section during fiscal year 2014, 

shall be deposited into the Claims Fund. 


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(2) APPLICATION.—Paragraph (1) shall not apply after the 

date for which the Secretary of the Treasury determines that all 

payments required to be made under section 1704 have been 

made. 

(d) LIMITATION ON PAYMENTS MADE FROM FUND.— (1) IN GENERAL.—No payment may be made in a fiscal year 

under section 1704 until funds are deposited into the Claims 

Fund in such fiscal year under subsection (c). 

(2) AMOUNTS.—For each fiscal year in which funds are deposited into the Claims Fund under subsection (c), the total 

amount of payments made in a fiscal year under section 1704 

may not exceed the amount of funds available in the Claims 

Fund for such fiscal year. 

(e) DEDUCTIONS FROM FUND FOR ADMINISTRATIVE EXPENSES.— The Secretary of the Treasury shall deduct from any amounts deposited into the Claims Fund an amount equal to 5 percent of such 

amounts as reimbursement to the Federal Government for expenses 

incurred by the Foreign Claims Settlement Commission and by the 

Department of the Treasury in the administration of this title. The 

amounts so deducted shall be covered into the Treasury as miscellaneous receipts. 

SEC. 1704. PAYMENTS FOR GUAM WORLD WAR II CLAIMS. 

(a) PAYMENTS FOR DEATH, PERSONAL INJURY, FORCED LABOR, FORCED MARCH, AND INTERNMENT.—After the Secretary of the 

Treasury receives the certification from the Chairman of the Foreign 

Claims Settlement Commission as required under section 

1705(b)(8), the Secretary of the Treasury shall make payments, subject to the availably of appropriations, to compensable Guam victims and survivors of a compensable Guam decedents as follows: 

(1) COMPENSABLE GUAM VICTIM.—Before making any payments under paragraph (2), the Secretary shall make payments 

to compensable Guam victims as follows: 

(A) In the case of a victim who has suffered an injury described in subsection (c)(2)(A), $15,000. 

(B) In the case of a victim who is not described in subparagraph (A), but who has suffered an injury described in 

subsection (c)(2)(B), $12,000. 

(C) In the case of a victim who is not described in subparagraph (A) or (B), but who has suffered an injury described in subsection (c)(2)(C), $10,000. 

(2) SURVIVORS OF COMPENSABLE GUAM DECEDENTS.—In the 

case of a compensable Guam decedent, the Secretary shall pay 

$25,000 for distribution to survivors of the decedent in accordance with subsection (b). The Secretary shall make payments 

under this paragraph only after all payments are made under 

paragraph (1). 

(b) DISTRIBUTION OF SURVIVOR PAYMENTS.—A payment made 

under subsection (a)(2) to the survivors of a compensable Guam decedent shall be distributed as follows: 

(1) In the case of a decedent whose spouse is living as of 

the date of the enactment of this Act, but who had no living 

children as of such date, the payment shall be made to such 

spouse. 

(2) In the case of a decedent whose spouse is living as of 

the date of the enactment of this Act and who had one or more 


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living children as of such date, 50 percent of the payment shall 

be made to the spouse and 50 percent shall be made to such 

children, to be divided among such children to the greatest extent possible into equal shares. 

(3) In the case of a decedent whose spouse is not living as 

of the date of the enactment of this Act and who had one or 

more living children as of such date, the payment shall be made 

to such children, to be divided among such children to the 

greatest extent possible into equal shares. 

(4) In the case of a decedent whose spouse is not living as 

of the date of the enactment of this Act and who had no living 

children as of such date, but who— 

(A) had a parent who is living as of such date, the payment shall be made to the parent; or 

(B) had two parents who are living as of such date, the 

payment shall be divided equally between the parents. 

(5) In the case of a decedent whose spouse is not living as 

of the date of the enactment of this Act, who had no living children as of such date, and who had no parents who are living 

as of such date, no payment shall be made. 

(c) DEFINITIONS.—For purposes of this title: 

(1) COMPENSABLE GUAM DECEDENT.—The term ‘‘compensable Guam decedent’’ means an individual determined under 

section 1705 to have been a resident of Guam who died as a result of the attack and occupation of Guam by Imperial Japanese military forces during World War II, or incident to the liberation of Guam by United States military forces, and whose 

death would have been compensable under the Guam Meritorious Claims Act of 1945 (Public Law 79–224) if a timely 

claim had been filed under the terms of such Act. 

(2) COMPENSABLE GUAM VICTIM.—The term ‘‘compensable 

Guam victim’’ means an individual who is not deceased as of 

the date of the enactment of this Act and who is determined 

under section 1705 to have suffered, as a result of the attack 

and occupation of Guam by Imperial Japanese military forces 

during World War II, or incident to the liberation of Guam by 

United States military forces, any of the following: 

(A) Rape or severe personal injury (such as loss of a 

limb, dismemberment, or paralysis). 

(B) Forced labor or a personal injury not under subparagraph (A) (such as disfigurement, scarring, or burns). 

(C) Forced march, internment, or hiding to evade internment. 

(3) DEFINITIONS OF SEVERE PERSONAL INJURIES AND PERSONAL INJURIES.—Not later than 180 days after the date of the 

enactment of this Act, the Foreign Claims Settlement Commission shall promulgate regulations to specify the injuries that 

constitute a severe personal injury or a personal injury for purposes of subparagraphs (A) and (B), respectively, of paragraph 

(2). 

SEC. 1705. ADJUDICATION. 

(a) AUTHORITY OF FOREIGN CLAIMS SETTLEMENT COMMISSION.— 


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(1) IN GENERAL.—The Foreign Claims Settlement Commission shall adjudicate claims and determine the eligibility of individuals for payments under section 1704. 

(2) RULES AND REGULATIONS.—Not later than 180 days 

after the date of the enactment of this Act, the Chairman of the 

Foreign Claims Settlement Commission shall publish in the 

Federal Register such rules and regulations as may be necessary to enable the Commission to carry out the functions of 

the Commission under this title. 

(b) CLAIMS SUBMITTED FOR PAYMENTS.— (1) SUBMITTAL OF CLAIM.—For purposes of subsection (a)(1) 

and subject to paragraph (2), the Foreign Claims Settlement 

Commission may not determine an individual is eligible for a 

payment under section 1704 unless the individual submits to 

the Commission a claim in such manner and form and containing such information as the Commission specifies. 

(2) FILING PERIOD FOR CLAIMS AND NOTICE.— 

(A) FILING PERIOD.—An individual filing a claim for a 

payment under section 1704 shall file such claim not later 

than one year after the date on which the Foreign Claims 

Settlement Commission publishes the notice described in 

subparagraph (B). 

(B) NOTICE OF FILING PERIOD.—Not later than 180 

days after the date of the enactment of this Act, the Foreign 

Claims Settlement Commission shall publish a notice of the 

deadline for filing a claim described in subparagraph (A)— 

(i) in the Federal Register; and 

(ii) in newspaper, radio, and television media in 

Guam. 

(3) ADJUDICATORY DECISIONS.—The decision of the Foreign 

Claims Settlement Commission on each claim filed under this 

title shall— 

(A) be by majority vote; 

(B) be in writing; 

(C) state the reasons for the approval or denial of the 

claim; and 

(D) if approved, state the amount of the payment 

awarded and the distribution, if any, to be made of the 

payment. 

(4) DEDUCTIONS IN PAYMENT.—The Foreign Claims Settlement Commission shall deduct, from a payment made to a compensable Guam victim or survivors of a compensable Guam decedent under this section, amounts paid to such victim or survivors under the Guam Meritorious Claims Act of 1945 (Public 

Law 79–224) before the date of the enactment of this Act. 

(5) INTEREST.—No interest shall be paid on payments made 

by the Foreign Claims Settlement Commission under section 

1704. 

(6) LIMITED COMPENSATION FOR PROVISION OF REPRESENTA- TIONAL SERVICES.— (A) LIMIT ON COMPENSATION.—Any agreement under 

which an individual who provided representational services 

to an individual who filed a claim for a payment under 

this title that provides for compensation to the individual 

who provided such services in an amount that is more than 


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one percent of the total amount of such payment shall be 

unlawful and void. 

(B) PENALTIES.—Whoever demands or receives any 

compensation in excess of the amount allowed under subparagraph (A) shall be fined not more than $5,000 or imprisoned not more than one year, or both. 

(7) APPEALS AND FINALITY.—Objections and appeals of decisions of the Foreign Claims Settlement Commission shall be to 

the Commission, and upon rehearing, the decision in each 

claim shall be final, and not subject to further review by any 

court or agency. 

(8) CERTIFICATIONS FOR PAYMENT.—After a decision approving a claim becomes final, the Chairman of the Foreign 

Claims Settlement Commission shall certify such decision to the 

Secretary of the Treasury for authorization of a payment under 

section 1704. 

(9) TREATMENT OF AFFIDAVITS.—For purposes of section 

1704 and subject to paragraph (2), the Foreign Claims Settlement Commission shall treat a claim that is accompanied by an 

affidavit of an individual that attests to all of the material facts 

required for establishing the eligibility of such individual for 

payment under such section as establishing a prima facie case 

of the eligibility of the individual for such payment without the 

need for further documentation, except as the Commission may 

otherwise require. Such material facts shall include, with respect to a claim for a payment made under section 1704(a), a 

detailed description of the injury or other circumstance supporting the claim involved, including the level of payment 

sought. 

(10) RELEASE OF RELATED CLAIMS.—Acceptance of a payment under section 1704 by an individual for a claim related 

to a compensable Guam decedent or a compensable Guam victim shall be in full satisfaction of all claims related to such decedent or victim, respectively, arising under the Guam Meritorious Claims Act of 1945 (Public Law 79–224), the implementing regulations issued by the United States Navy pursuant 

to such Act (Public Law 79–224), or this title. 

SEC. 1706. GRANTS PROGRAM TO MEMORIALIZE THE OCCUPATION OF 

GUAM DURING WORLD WAR II. 

(a) ESTABLISHMENT.—Subject to subsection (b), the Secretary of 

the Interior shall establish a grant program under which the Secretary shall award grants for research, educational, and media activities for purposes of appropriately illuminating and interpreting 

the causes and circumstances of the occupation of Guam during 

World War II and other similar occupations during the war that— 

(1) memorialize the events surrounding such occupation; or 

(2) honor the loyalty of the people of Guam during such occupation. 

(b) ELIGIBILITY.—The Secretary of the Interior may not award 

a grant under subsection (a) unless the person seeking the grant 

submits an application to the Secretary for such grant, in such time, 

manner, and form and containing such information as the Secretary specifies. 


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SEC. 1707. AUTHORIZATION OF APPROPRIATIONS. 

(a) GUAM WORLD WAR II CLAIMS PAYMENTS AND ADJUDICATION.—For the purposes of carrying out sections 1704 and 1705, 

there is authorized to be appropriated for any fiscal year beginning 

after the date of enactment of this Act, an amount equal to the 

amount deposited into the Claims Fund in a fiscal year under section 1703. Not more than 5 percent of funds make available under 

this subsection shall be used for administrative costs. Amounts appropriated under this section may remain available until expended. 

(b) GUAM WORLD WAR II GRANTS PROGRAM.—For purposes of 

carrying out section 1706, there are authorized to be appropriated 

$5,000,000 for each fiscal year beginning after the date of the enactment of this Act. 

TITLE XVIII—MATTERS RELATING TO SMALL BUSINESS 

PROCUREMENT 

Subtitle A—Improving Transparency and Clarity for Small Businesses 

Sec. 1801. Plain language rewrite of requirements for small business procurements. 

Sec. 1802. Transparency in small business goals. 

Subtitle B—Clarifying the Roles of Small Business Advocates 

Sec. 1811. Scope of review by procurement center representatives. 

Sec. 1812. Duties of the Office of Small and Disadvantaged Business Utilization. 

Sec. 1813. Improving contractor compliance. 

Sec. 1814. Improving education on small business regulations. 

Subtitle C—Strengthening Opportunities for Competition in Subcontracting 

Sec. 1821. Good faith in subcontracting. 

Sec. 1822. Pilot program to provide opportunities for qualified subcontractors to obtain past performance ratings. 

Sec. 1823. Amendments to the Mentor-Protege Program of the Department of Defense. 

Subtitle D—Miscellaneous Provisions 

Sec. 1831. Improvements to size standards for small agricultural producers. 

Sec. 1832. Uniformity in service-disabled veteran definitions. 

Sec. 1833. Office of Hearings and Appeals. 

Sec. 1834. Extension of SBIR and STTR programs. 

Sec. 1835. Issuance of guidance on small business matters. 

Subtitle E—Improving Cyber Preparedness for Small Businesses 

Sec. 1841. Small Business Development Center Cyber Strategy and outreach. 

Sec. 1842. Role of small business development centers in cybersecurity and preparedness. 

Sec. 1843. Additional cybersecurity assistance for small business development centers. 

Sec. 1844. Prohibition on additional funds. 

Subtitle A—Improving Transparency and Clarity for Small 

Businesses 

SEC. 1801. PLAIN LANGUAGE REWRITE OF REQUIREMENTS FOR SMALL 

BUSINESS PROCUREMENTS. 

Section 15(a) of the Small Business Act (15 U.S.C. 644(a)) is 

amended to read as follows: 

‘‘(a) SMALL BUSINESS PROCUREMENTS.— 

‘‘(1) IN GENERAL.—For purposes of this Act, small business 

concerns shall receive any award or contract if such award or 

contract is, in the determination of the Administrator and the 

contracting agency, in the interest of— 


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‘‘(A) maintaining or mobilizing the full productive capacity of the United States; 

‘‘(B) war or national defense programs; or 

‘‘(C) assuring that a fair proportion of the total purchase and contracts for goods and services of the Government in each industry category (as defined under paragraph (2)) are awarded to small business concerns. 

‘‘(2) INDUSTRY CATEGORY DEFINED.— 

‘‘(A) IN GENERAL.—In this subsection, the term ‘industry category’ means a discrete group of similar goods and 

services, as determined by the Administrator in accordance 

with the North American Industry Classification System 

codes used to establish small business size standards, except that the Administrator shall limit an industry category 

to a greater extent than provided under the North American Industry Classification System codes if the Administrator receives evidence indicating that further segmentation of the industry category is warranted— 

‘‘(i) due to special capital equipment needs; 

‘‘(ii) due to special labor requirements; 

‘‘(iii) due to special geographic requirements, except 

as provided in subparagraph (B); 

‘‘(iv) due to unique Federal buying patterns or requirements; or 

‘‘(v) to recognize a new industry. 

‘‘(B) EXCEPTION FOR GEOGRAPHIC REQUIREMENTS.—The 

Administrator may not further segment an industry category based on geographic requirements unless— 

‘‘(i) the Government typically designates the geographic area where work for contracts for goods or 

services is to be performed; 

‘‘(ii) Government purchases comprise the major 

portion of the entire domestic market for such goods or 

services; and 

‘‘(iii) it is unreasonable to expect competition from 

business concerns located outside of the general geographic area due to the fixed location of facilities, high 

mobilization costs, or similar economic factors. 

‘‘(3) DETERMINATIONS WITH RESPECT TO AWARDS OR CONTRACTS.—Determinations made pursuant to paragraph (1) may 

be made for individual awards or contracts, any part of an 

award or contract or task order, or for classes of awards or contracts or task orders. 

‘‘(4) INCREASING PRIME CONTRACTING OPPORTUNITIES FOR

SMALL BUSINESS CONCERNS.— 

‘‘(A) DESCRIPTION OF COVERED PROPOSED PROCUREMENTS.—The requirements of this paragraph shall apply to 

a proposed procurement that includes in its statement of 

work goods or services currently being supplied or performed by a small business concern and, as determined by 

the Administrator— 

‘‘(i) is in a quantity or of an estimated dollar value 

which makes the participation of a small business concern as a prime contractor unlikely; 


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‘‘(ii) in the case of a proposed procurement for construction, seeks to bundle or consolidate discrete construction projects; or 

‘‘(iii) is a solicitation that involves an unnecessary 

or unjustified bundling of contract requirements. 

‘‘(B) NOTICE TO PROCUREMENT CENTER REPRESENTATIVES.—With respect to proposed procurements described in 

subparagraph (A), at least 30 days before issuing a solicitation and concurrent with other processing steps required 

before issuing the solicitation, the contracting agency shall 

provide a copy of the proposed procurement to the procurement center representative of the contracting agency (as described in subsection (l)) along with a statement explaining— 

‘‘(i) why the proposed procurement cannot be divided into reasonably small lots (not less than economic production runs) to permit offers on quantities 

less than the total requirement; 

‘‘(ii) why delivery schedules cannot be established 

on a realistic basis that will encourage the participation of small business concerns in a manner consistent 

with the actual requirements of the Government; 

‘‘(iii) why the proposed procurement cannot be offered to increase the likelihood of the participation of 

small business concerns; 

‘‘(iv) in the case of a proposed procurement for construction, why the proposed procurement cannot be offered as separate discrete projects; or 

‘‘(v) why the contracting agency has determined 

that the bundling of contract requirements is necessary 

and justified. 

‘‘(C) ALTERNATIVES TO INCREASE PRIME CONTRACTING

OPPORTUNITIES FOR SMALL BUSINESS CONCERNS.—If the 

procurement center representative believes that the proposed 

procurement will make the participation of small business 

concerns as prime contractors unlikely, the procurement 

center representative, within 15 days after receiving the 

statement described in subparagraph (B), shall recommend 

to the contracting agency alternative procurement methods 

for increasing prime contracting opportunities for small 

business concerns. 

‘‘(D) FAILURE TO AGREE ON AN ALTERNATIVE PROCUREMENT METHOD.—If the procurement center representative 

and the contracting agency fail to agree on an alternative 

procurement method, the Administrator shall submit the 

matter to the head of the appropriate department or agency 

for a determination. 

‘‘(5) CONTRACTS FOR SALE OF GOVERNMENT PROPERTY.— 

With respect to a contract for the sale of Government property, 

small business concerns shall receive any such contract if, in 

the determination of the Administrator and the disposal agency, 

the award of such contract is in the interest of assuring that a 

fair proportion of the total sales of Government property be 

made to small business concerns. 


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‘‘(6) SALE OF ELECTRICAL POWER OR OTHER PROPERTY.— 

Nothing in this subsection shall be construed to change any 

preferences or priorities established by law with respect to the 

sale of electrical power or other property by the Federal Government. 

‘‘(7) COSTS EXCEEDING FAIR MARKET PRICE.—A contract 

may not be awarded under this subsection if the cost of the contract to the awarding agency exceeds a fair market price.’’. 

SEC. 1802. TRANSPARENCY IN SMALL BUSINESS GOALS. 

Section 15(h)(3) of the Small Business Act (15 U.S.C. 644(h)(3)) 

is amended to read as follows: 

‘‘(3) PROCUREMENT DATA.— 

‘‘(A) FEDERAL PROCUREMENT DATA SYSTEM.— 

‘‘(i) IN GENERAL.—To assist in the implementation 

of this section, the Administrator shall have access to 

information collected through the Federal Procurement 

Data System, Federal Subcontracting Reporting System, or any new or successor system. 

‘‘(ii) GSA REPORT.—On the date that the Administrator makes available the report required under paragraph (2), the Administrator of the General Services 

Administration shall submit to the President and Congress, and shall make available on a public website, a 

report in the same form and manner, and including 

the same information, as the report required under 

paragraph (2). The report shall include all procurements made for the period covered by the report and 

may not exclude any contract awarded. 

‘‘(B) AGENCY PROCUREMENT DATA SOURCES.—To assist 

in the implementation of this section, the head of each contracting agency shall provide, upon request of the Administrator, procurement information collected through agency 

data collection sources in existence at the time of the request. Contracting agencies shall not be required to establish new data collection systems to provide such data.’’. 

Subtitle B—Clarifying the Roles of Small Business Advocates 

SEC. 1811. SCOPE OF REVIEW BY PROCUREMENT CENTER REPRESENTATIVES. 

(a) Section 15(l) of the Small Business Act (15 U.S.C. 644(l)) is 

amended by adding at the end the following new paragraph: 

‘‘(9) SCOPE OF REVIEW.—The Administrator— 

‘‘(A) may not limit the scope of review by the procurement center representative for any solicitation of a contract 

or task order without regard to whether the contract or task 

order or part of the contract or task order is set aside for 

small business concerns, whether 1 or more contracts or 

task order awards are reserved for small business concerns 

under a multiple award contract, or whether or not the solicitation would result in a bundled or consolidated contract (as defined in subsection (s)) or a bundled or consolidated task order; and 

‘‘(B) shall, unless the contracting agency requests a review, limit the scope of review by the procurement center 


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representative for any solicitation of a contract or task 

order if such solicitation is awarded by or for the Department of Defense and— 

‘‘(i) is conducted pursuant to section 22 of the 

Arms Export Control Act (22 U.S.C. 2762); 

‘‘(ii) is a humanitarian operation as defined in section 401(e) of title 10, United States Code; 

‘‘(iii) is for a contingency operation, as defined in 

section 101(a)(13) of title 10, United States Code; 

‘‘(iv) is to be awarded pursuant to an agreement 

with the government of a foreign country in which 

Armed Forces of the United States are deployed; or 

‘‘(v) both the place of award and the place of performance are outside of the United States and its territories.’’. 

(b) Section 15(g)(2)(B) of the Small Business Act (15 U.S.C. 

644(g)(2)(B) is amended by inserting after the period at the end the 

following new sentence: ‘‘Contracts excluded from review by procurement center representatives pursuant to subsection (l)(9)(B) shall not 

be considered when establishing these goals.’’. 

SEC. 1812. DUTIES OF THE OFFICE OF SMALL AND DISADVANTAGED 

BUSINESS UTILIZATION. 

Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) is 

amended— 

(1) by striking ‘‘section 8, 15 or 44’’ and inserting ‘‘section 

8, 15, 31, 36, or 44’’; 

(2) by striking ‘‘sections 8 and 15’’ each place such term appears and inserting ‘‘sections 8, 15, 31, 36, and 44’’; 

(3) in paragraph (10), by striking ‘‘section 8(a)’’ and inserting ‘‘section 8, 15, 31, or 36’’; 

(4) in paragraph (17)(C), by striking the period at the end 

and inserting a semicolon; 

(5) by inserting after paragraph (17) the following new 

paragraph: 

‘‘(18) shall review summary data provided by purchase 

card issuers of purchases made by the agency greater than the 

micro-purchase threshold (as defined under section 1902 of title 

41, United Stated Code) and less than the simplified acquisition threshold to ensure that the purchases have been made in 

compliance with the provisions of this Act and have been properly recorded in the Federal Procurement Data System, if the 

method of payment is a purchase card issued by the Department of Defense pursuant to section 2784 of title 10, United 

States Code, or by the head of an executive agency pursuant to 

section 1909 of title 41, United States Code;’’; and 

(6) in paragraph (16)— 

(A) in subparagraph (B), by striking ‘‘and’’ at the end; 

and 

(B) by adding at the end the following new subparagraph: 

‘‘(D) any failure of the agency to comply with section 8, 

15, 31, or 36;’’. 


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SEC. 1813. IMPROVING CONTRACTOR COMPLIANCE. 

(a) REQUIREMENTS FOR THE OFFICE OF SMALL AND DISADVANTAGED BUSINESS UTILIZATION.—Section 15(k) of the Small Business 

Act (15 U.S.C. 644(k)(8)), as amended by this Act, is further amended by inserting after paragraph (18) (as inserted by section 1812 of 

this Act) the following new paragraph: 

‘‘(19) shall provide assistance to a small business concern 

awarded a contract or subcontract under this Act or under title 

10 or title 41, United States Code, in finding resources for education and training on compliance with contracting regulations 

(including the Federal Acquisition Regulation) after award of 

such a contract or subcontract; and’’. 

(b) REQUIREMENTS UNDER THE MENTOR-PROTEGE PROGRAM OF

THE DEPARTMENT OF DEFENSE.—Section 831(e)(1) of the National 

Defense Authorization Act for Fiscal Year 1991 (Public Law 101– 

510; 104 Stat. 1607; 10 U.S.C. 2302 note) is amended— 

(1) in subparagraph (B), by striking ‘‘and’’ at the end; 

(2) in subparagraph (C), by striking the period at the end 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(D) the assistance the mentor firm will provide to the 

protege firm in understanding contract regulations of the 

Federal Government and the Department of Defense (including the Federal Acquisition Regulation and the Defense 

Federal Acquisition Regulation Supplement) after award of 

a subcontract under this section, if applicable.’’. 

(c) RESOURCES FOR SMALL BUSINESS CONCERNS.—Section 15 of 

the Small Business Act (15 U.S.C. 644) is amended by adding at 

the end the following new subsection: 

‘‘(u) POST-AWARD COMPLIANCE RESOURCES.—The Administrator shall provide to small business development centers and entities participating in the Procurement Technical Assistance Cooperative Agreement Program under chapter 142 of title 10, United States 

Code, and shall make available on the website of the Administration, a list of resources for small business concerns seeking education and assistance on compliance with contracting regulations 

(including the Federal Acquisition Regulation) after award of a contract or subcontract.’’. 

(d) REQUIREMENTS FOR PROCUREMENT CENTER REPRESENTA- TIVES.—Section 15(l)(2) of the Small Business Act (15 U.S.C. 

644(l)(2)) is amended— 

(1) by redesignating subparagraph (I) as subparagraph (J); 

(2) in subparagraph (H), by striking ‘‘and’’ at the end; and 

(3) by inserting after subparagraph (H) the following new 

subparagraph: 

‘‘(I) assist small business concerns with finding resources for education and training on compliance with contracting regulations (including the Federal Acquisition Regulation) after award of a contract or subcontract; and’’. 

(e) REQUIREMENTS UNDER THE MENTOR-PROTEGE PROGRAM OF

THE SMALL BUSINESS ADMINISTRATION.—Section 45(b)(3) of the 

Small Business Act (15 U.S.C. 657r(b)(3)) is amended by adding at 

the end the following new subparagraph: 

‘‘(K) The types of assistance provided by a mentor to assist with compliance with the requirements of contracting 


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with the Federal Government after award of a contract or 

subcontract under this section.’’. 

SEC. 1814. IMPROVING EDUCATION ON SMALL BUSINESS REGULATIONS. 

(a) REGULATORY CHANGES AND TRAINING MATERIALS.—Section 

15 of the Small Business Act (15 U.S.C. 644), as amended by section 1813, is further amended by adding at the end the following 

new subsection: 

‘‘(v) REGULATORY CHANGES AND TRAINING MATERIALS.—Not 

less than annually, the Administrator shall provide to the Defense 

Acquisition University (established under section 1746 of title 10, 

United States Code), the Federal Acquisition Institute (established 

under section 1201 of title 41, United States Code), the individual 

responsible for mandatory training and education of the acquisition 

workforce of each agency (described under section 1703(f)(1)(C) of 

title 41, United States Code), small business development centers, 

and entities participating in the Procurement Technical Assistance 

Cooperative Agreement Program under chapter 142 of title 10, 

United States Code— 

‘‘(1) a list of all changes made in the prior year to regulations promulgated— 

‘‘(A) by the Administrator that affect Federal acquisition; and 

‘‘(B) by the Federal Acquisition Council that implement 

amendments to this Act; and 

‘‘(2) any materials the Administrator has developed that explain, train, or assist Federal agencies or departments or small 

business concerns with compliance with the regulations described in paragraph (1).’’. 

(b) TRAINING TO BE UPDATED.—After receipt of information 

from the Administrator of the Small Business Administration pursuant to section 15(v) of the Small Business Act, the Defense Acquisition University (established under section 1746 of title 10, United 

States Code) and the Federal Acquisition Institute (established 

under section 1201 of title 41, United States Code) shall periodically 

update the training provided to the acquisition workforce to incorporate such information. 

Subtitle C—Strengthening Opportunities for Competition in 

Subcontracting 

SEC. 1821. GOOD FAITH IN SUBCONTRACTING. 

(a) TRANSPARENCY IN SUBCONTRACTING GOALS.—Section 

8(d)(9) of the Small Business Act (15 U.S.C. 637(d)(9)) is amended— 

(1) by striking ‘‘(9) The failure’’ and inserting the following: 

‘‘(9) MATERIAL BREACH.—The failure’’; 

(2) in subparagraph (A), by striking ‘‘or’’ at the end; 

(3) in subparagraph (B), by inserting ‘‘or’’ at the end; 

(4) by inserting after subparagraph (B) the following new 

subparagraph: 

‘‘(C) assurances provided under paragraph (6)(E),’’; 

and 


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(5) by moving the margins of subparagraphs (A) and (B), 

and the matter after subparagraph (C) (as inserted by paragraph (4)), 2 ems to the right. 

(b) REVIEW OF SUBCONTRACTING PLANS.—Section 15(k) of the 

Small Business Act (15 U.S.C. 644(k)) as amended by this Act, is 

further amended by inserting after paragraph (19) (as inserted by 

section 1813 of this Act) the following new paragraph: 

‘‘(20) shall review all subcontracting plans required by 

paragraph (4) or (5) of section 8(d) to ensure that the plan provides maximum practicable opportunity for small business concerns to participate in the performance of the contract to which 

the plan applies.’’. 

(c) GOOD FAITH COMPLIANCE.—Not later than 270 days after 

the date of enactment of this title, the Administrator of the Small 

Business Administration shall provide examples of activities that 

would be considered a failure to make a good faith effort to comply 

with the requirements imposed on an entity (other than a small 

business concern as defined under section 3 of the Small Business 

Act (15 U.S.C. 632)) that is awarded a prime contract containing 

the clauses required under paragraph (4) or (5) of section 8(d) of the 

Small Business Act (15 U.S.C. 637(d)). 

SEC. 1822. PILOT PROGRAM TO PROVIDE OPPORTUNITIES FOR QUALIFIED SUBCONTRACTORS TO OBTAIN PAST PERFORMANCE 

RATINGS. 

Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) is 

amended by adding at the end the following new paragraph: 

‘‘(17) PILOT PROGRAM PROVIDING PAST PERFORMANCE RATINGS

FOR OTHER SMALL BUSINESS SUBCONTRACTORS.— ‘‘(A) ESTABLISHMENT.—The Administrator shall establish a 

pilot program for a small business concern without a past performance rating as a prime contractor performing as a first tier 

subcontractor for a covered contract (as defined in paragraph 

13(A)) to request a past performance rating in the system used 

by the Federal Government to monitor or record contractor past 

performance. 

‘‘(B) APPLICATION.—A small business concern described in 

subparagraph (A) shall submit an application to the appropriate official for a past performance rating no later than 270 

days after the small business concern completed the work for 

which it seeks a past performance rating or 180 days after the 

prime contractor completes work on the covered contract, whichever is earlier. Such application shall include written evidence 

of the past performance factors for which the small business 

concern seeks a rating and a suggested rating. 

‘‘(C) DETERMINATION.—The appropriate official shall submit the application from the small business concern to the Office of Small and Disadvantaged Business Utilization for the 

covered contract and to the prime contractor for review. The Office of Small and Disadvantaged Business Utilization and the 

prime contractor shall, not later than 30 days after receipt of 

the application, submit to the appropriate official a response regarding the application. 

‘‘(i) AGREEMENT ON RATING.—If the Office of Small and 

Disadvantaged Business Utilization and the prime contractor agree on a past performance rating, or if either the 


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Office of Small and Disadvantaged Business Utilization or 

the prime contractor fail to respond and the responding 

person agrees with the rating of the applicant small business concern, the appropriate official shall enter the agreedupon past performance rating in the system described in 

subparagraph (A). 

‘‘(ii) DISAGREEMENT ON RATING.—If the Office of Small 

and Disadvantaged Business Utilization and the prime 

contractor fail to respond within 30 days or if they disagree 

about the rating, or if either the Office of Small and Disadvantaged Business Utilization or the prime contractor 

fail to respond and the responding person disagrees with 

the rating of the applicant small business concern, the Office of Small and Disadvantaged Business Utilization or 

the prime contractor shall submit a notice contesting the 

application to the appropriate official. The appropriate official shall follow the requirements of subparagraph (D). 

‘‘(D) PROCEDURE FOR RATING.—Not later than 14 calendar 

days after receipt of a notice under subparagraph (C)(ii), the 

appropriate official shall submit such notice to the applicant 

small business concern. Such concern may submit comments, 

rebuttals, or additional information relating to the past performance of such concern not later 14 calendar days after receipt of such notice. The appropriate official shall enter into the 

system described in subparagraph (A) a rating that is neither 

favorable nor unfavorable along with the initial application 

from such concern, any responses of the Office of Small and 

Disadvantaged Business Utilization and the prime contractor, 

and any additional information provided by such concern. A 

copy of the information submitted shall be provided to the contracting officer (or designee of such officer) for the covered contract. 

‘‘(E) USE OF INFORMATION.—A small business subcontractor 

may use a past performance rating given under this paragraph 

to establish its past performance for a prime contract. 

‘‘(F) DURATION.—The pilot program established under this 

paragraph shall terminate 3 years after the date on which the 

first applicant small business concern receives a past performance rating for performance as a first tier subcontractor. 

‘‘(G) REPORT.—The Comptroller General of the United 

States shall begin an assessment of the pilot program 1 year 

after the establishment of such program. Not later than 6 

months after beginning such assessment, the Comptroller General shall submit a report to the Committee on Small Business 

and Entrepreneurship of the Senate and the Committee on 

Small Business of the House of Representatives, which shall include— 

‘‘(i) the number of small business concerns that have 

received past performance ratings under the pilot program; 

‘‘(ii) the number of applications in which the contracting officer (or designee) or the prime contractor contested the application of the small business concern; 

‘‘(iii) any suggestions or recommendations the Comptroller General or the small business concerns participating 

in the program have to address disputes between the small 


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business concern, the contracting officer (or designee), and 

the prime contractor on past performance ratings; 

‘‘(iv) the number of small business concerns awarded 

prime contracts after receiving a past performance rating 

under this pilot program; and 

‘‘(v) any suggestions or recommendation the Comptroller General has to improve the operation of the pilot 

program. 

‘‘(H) APPROPRIATE OFFICIAL DEFINED.—In this paragraph, 

the term ‘appropriate official’ means— 

‘‘(i) a commercial market representative; 

‘‘(ii) another individual designated by the senior official appointed by the Administrator with responsibilities 

under sections 8, 15, 31, and 36; or 

‘‘(iii) the Office of Small and Disadvantaged Business 

Utilization of a Federal agency, if the head of the Federal 

agency and the Administrator agree.’’. 

SEC. 1823. AMENDMENTS TO THE MENTOR-PROTEGE PROGRAM OF 

THE DEPARTMENT OF DEFENSE. 

Section 831 of the National Defense Authorization Act for Fiscal 

Year 1991 (Public Law 101–510; 104 Stat. 1607; 10 U.S.C. 2302 

note) is amended— 

(1) by amending subsection (d) to read as follows: 

‘‘(d) MENTOR FIRM ELIGIBILITY.— 

‘‘(1) Subject to subsection (c)(1), a mentor firm may enter 

into an agreement with one or more protege firms under subsection (e) and provide assistance under the program pursuant 

to that agreement if the mentor firm— 

‘‘(A) is eligible for award of Federal contracts; and 

‘‘(B) demonstrates that it— 

‘‘(i) is qualified to provide assistance that will contribute to the purpose of the program; 

‘‘(ii) is of good financial health and character and 

does not appear on a Federal list of debarred or suspended contractors; and 

‘‘(iii) can impart value to a protege firm because of 

experience gained as a Department of Defense contractor or through knowledge of general business operations and government contracting, as demonstrated by 

evidence that— 

‘‘(I) during the fiscal year preceding the fiscal 

year in which the mentor firm enters into the 

agreement, the total amount of the Department of 

Defense contracts awarded such mentor firm and 

the subcontracts awarded such mentor firm under 

Department of Defense contracts was equal to or 

greater than $100,000,000; or 

‘‘(II) the mentor firm demonstrates the capability to assist in the development of protege firms, 

and is approved by the Secretary of Defense pursuant to criteria specified in the regulations prescribed pursuant to subsection (k). 

‘‘(2) A mentor firm may not enter into an agreement with 

a protege firm if the Administrator of the Small Business AdVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 00704 Fmt 6659 Sfmt 6603 E:\HR\OC\HR840.XXX HR840

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ministration has made a determination finding affiliation between the mentor firm and the protege firm. 

‘‘(3) If the Administrator of the Small Business Administration has not made such a determination and if the Secretary 

has reason to believe (based on the regulations promulgated by 

the Administrator regarding affiliation) that the mentor firm is 

affiliated with the protege firm, the Secretary shall request a 

determination regarding affiliation from the Administrator of 

the Small Business Administration.’’; 

(2) in subsection (n), by amending paragraph (9) to read as 

follows: 

‘‘(9) The term ‘affiliation’, with respect to a relationship between a mentor firm and a protege firm, means a relationship 

described under section 121.103 of title 13, Code of Federal 

Regulations (or any successor regulation).’’; and 

(3) in subsection (f)(6)— 

(A) in subparagraph (B), by striking ‘‘or’’ at the end; 

(B) in subparagraph (C), by striking the period at the 

end and inserting ‘‘; or’’; and 

(C) by adding at the end the following new subparagraph: 

‘‘(D) women’s business centers described in section 29 of 

the Small Business Act (15 U.S.C. 656).’’. 

Subtitle D—Miscellaneous Provisions 

SEC. 1831. IMPROVEMENTS TO SIZE STANDARDS FOR SMALL AGRICULTURAL PRODUCERS. 

(a) AMENDMENT TO DEFINITION OF AGRICULTURAL ENTER- PRISES.—Paragraph (1) of section 18(b) of the Small Business Act 

(15 U.S.C. 647(b)(1)) is amended by striking ‘‘businesses’’ and inserting ‘‘small business concerns’’. 

(b) EQUAL TREATMENT OF SMALL FARMS.—Paragraph (1) of section 3(a) of the Small Business Act (15 U.S.C. 632(a)(1)) is amended 

by striking ‘‘operation: Provided,’’ and all that follows through the 

period at the end and inserting ‘‘operation.’’. 

(c) UPDATED SIZE STANDARDS.—Size standards established for 

agricultural enterprises under section 3(a) of the Small Business Act 

(15 U.S.C. 632(a)) shall be subject to the rolling review procedures 

established under section 1344(a) of the Small Business Jobs Act of 

2010 (15 U.S.C. 632 note). 

SEC. 1832. UNIFORMITY IN SERVICE-DISABLED VETERAN DEFINITIONS. 

(a) SMALL BUSINESS DEFINITION OF SMALL BUSINESS CONCERN

CONSOLIDATED.—Section 3(q) of the Small Business Act (15 U.S.C. 

632(q)) is amended— 

(1) by amending paragraph (2) to read as follows: 

‘‘(2) SMALL BUSINESS CONCERN OWNED AND CONTROLLED BY

SERVICE-DISABLED VETERANS.—The term ‘small business concern owned and controlled by service-disabled veterans’ means 

any of the following: 

‘‘(A) A small business concern— 

‘‘(i) not less than 51 percent of which is owned by 

one or more service-disabled veterans or, in the case of 

any publicly owned business, not less than 51 percent 

of the stock (not including any stock owned by an 


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ESOP) of which is owned by one or more service-disabled veterans; and 

‘‘(ii) the management and daily business operations of which are controlled by one or more servicedisabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent 

caregiver of such veteran. 

‘‘(B) A small business concern— 

‘‘(i) not less than 51 percent of which is owned by 

one or more service-disabled veterans with a disability 

that is rated by the Secretary of Veterans Affairs as a 

permanent and total disability who are unable to manage the daily business operations of such concern; or 

‘‘(ii) in the case of a publicly owned business, not 

less than 51 percent of the stock (not including any 

stock owned by an ESOP) of which is owned by one or 

more such veterans. 

‘‘(C)(i) During the time period described in clause (ii), 

a small business concern that was a small business concern 

described in subparagraph (A) or (B) immediately prior to 

the death of a service-disabled veteran who was the owner 

of the concern, the death of whom causes the concern to be 

less than 51 percent owned by one or more service-disabled 

veterans, if— 

‘‘(I) the surviving spouse of the deceased veteran 

acquires such veteran’s ownership interest in such concern; 

‘‘(II) such veteran had a service-connected disability (as defined in section 101(16) of title 38, United 

States Code) rated as 100 percent disabling under the 

laws administered by the Secretary of Veterans Affairs 

or such veteran died as a result of a service-connected 

disability; and 

‘‘(III) immediately prior to the death of such veteran, and during the period described in clause (ii), the 

small business concern is included in the database described in section 8127(f) of title 38, United States 

Code. 

‘‘(ii) The time period described in this clause is the time 

period beginning on the date of the veteran’s death and 

ending on the earlier of— 

‘‘(I) the date on which the surviving spouse remarries; 

‘‘(II) the date on which the surviving spouse relinquishes an ownership interest in the small business 

concern; or 

‘‘(III) the date that is 10 years after the date of the 

death of the veteran.’’; and 

(2) by adding at the end the following new paragraphs: 

‘‘(6) ESOP.—The term ‘ESOP’ has the meaning given the 

term ‘employee stock ownership plan’ in section 4975(e)(7) of the 

Internal Revenue Code of 1986 (26 U.S.C. 4975(e)(7)). 

‘‘(7) SURVIVING SPOUSE.—The term ‘surviving spouse’ has 

the meaning given such term in section 101(3) of title 38, 

United States Code.’’. 


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(b) VETERANS AFFAIRS DEFINITION OF SMALL BUSINESS CON- CERN CONSOLIDATED.— (1) IN GENERAL.—Section 8127 of title 38, United States 

Code, is amended— 

(A) by striking subsection (h) and redesignating subsections (i) through (l) as subsections (h) through (k), respectively; and 

(B) in subsection (k), as so redesignated— 

(i) by amending paragraph (2) to read as follows: 

‘‘(2) The term ‘small business concern owned and controlled 

by veterans’ has the meaning given that term under section 

3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)).’’; and 

(ii) by adding at the end the following new paragraph: 

‘‘(3) The term ‘small business concern owned and controlled 

by veterans with service-connected disabilities’ has the meaning 

given the term ‘small business concern owned and controlled by 

service-disabled veterans’ under section 3(q)(2) of the Small 

Business Act (15 U.S.C. 632(q)(2)).’’. 

(2) CONFORMING AMENDMENTS.—Such section is further 

amended— 

(A) in subsection (b), by inserting ‘‘or a small business 

concern owned and controlled by veterans with service-connected disabilities’’ after ‘‘a small business concern owned 

and controlled by veterans’’; 

(B) in subsection (c), by inserting ‘‘or a small business 

concern owned and controlled by veterans with service-connected disabilities’’ after ‘‘a small business concern owned 

and controlled by veterans’’; 

(C) in subsection (d) by inserting ‘‘or small business 

concerns owned and controlled by veterans with serviceconnected disabilities’’ after ‘‘small business concerns 

owned and controlled by veterans’’ both places it appears; 

and 

(D) in subsection (f)(1), by inserting ‘‘, small business 

concerns owned and controlled by veterans with serviceconnected disabilities,’’ after ‘‘small business concerns 

owned and controlled by veterans’’. 

(c) TECHNICAL CORRECTION.—Section 8(d)(3) of the Small Business Act (15 U.S.C. 637(d)(3)), is amended by adding at the end the 

following new subparagraph: 

‘‘(H) In this contract, the term ‘small business concern 

owned and controlled by service-disabled veterans’ has the 

meaning given that term in section 3(q).’’. 

(d) REGULATIONS RELATING TO DATABASE OF THE SECRETARY

OF VETERANS AFFAIRS.— 

(1) REQUIREMENT TO USE CERTAIN SMALL BUSINESS ADMIN- ISTRATION REGULATIONS.—Section 8127(f)(4) of title 38, United 

States Code, is amended by striking ‘‘verified’’ and inserting 

‘‘verified, using regulations issued by the Administrator of the 

Small Business Administration with respect to the status of the 

concern as a small business concern and the ownership and 

control of such concern,’’. 

(2) PROHIBITION ON SECRETARY OF VETERANS AFFAIRS

ISSUING CERTAIN REGULATIONS.—Section 8127(f) of title 38, 


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United States Code, is amended by adding at the end the following new paragraph: 

‘‘(7) The Secretary may not issue regulations related to the status of a concern as a small business concern and the ownership and 

control of such small business concern.’’. 

(e) DELAYED EFFECTIVE DATE.—The amendments made by subsections (a), (b), (c), and (d) shall take effect on the date on which 

the Administrator of the Small Business Administration and the 

Secretary of Veterans Affairs jointly issue regulations implementing 

such sections. 

(f) APPEALS OF INCLUSION IN DATABASE.— 

(1) IN GENERAL.—Section 8127(f) of title 38, United States 

Code, as amended by this section, is further amended by adding 

at the end the following new paragraph: 

‘‘(8)(A) If a small business concern is not included in the database because the Secretary does not verify the status of the concern 

as a small business concern or the ownership or control of the concern, the concern may appeal the denial of verification to the Office 

of Hearings and Appeals of the Small Business Administration (as 

established under section 5(i) of the Small Business Act). The decision of the Office of Hearings and Appeals shall be considered a 

final agency action. 

‘‘(B)(i) If an interested party challenges the inclusion in the 

database of a small business concern owned and controlled by veterans or a small business concern owned and controlled by veterans 

with service-connected disabilities based on the status of the concern 

as a small business concern or the ownership or control of the concern, the challenge shall be heard by the Office of Hearings and Appeals of the Small Business Administration as described in subparagraph (A). The decision of the Office of Hearings and Appeals 

shall be considered final agency action. 

‘‘(ii) In this subparagraph, the term ‘interested party’ means— 

‘‘(I) the Secretary; or 

‘‘(II) in the case of a small business concern that is awarded a contract, the contracting officer of the Department or another small business concern that submitted an offer for the 

contract that was awarded to the small business concern that 

is the subject of a challenge made under clause (i). 

‘‘(C) For each fiscal year, the Secretary shall reimburse the Administrator of the Small Business Administration in an amount 

necessary to cover any cost incurred by the Office of Hearings and 

Appeals of the Small Business Administration for actions taken by 

the Office under this paragraph. The Administrator is authorized to 

accept such reimbursement. The amount of any such reimbursement 

shall be determined jointly by the Secretary and the Administrator 

and shall be provided from fees collected by the Secretary under 

multiple-award schedule contracts. Any disagreement about the 

amount shall be resolved by the Director of the Office of Management and Budget.’’. 

(2) EFFECTIVE DATE.—Paragraph (8) of subsection (f) of 

title 38, United States Code, as added by paragraph (1), shall 

apply with respect to a verification decision made by the Secretary of Veterans Affairs on or after the date of the enactment 

of this Act. 


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SEC. 1833. OFFICE OF HEARINGS AND APPEALS. 

(a) CLARIFICATION AS TO JURISDICTION.—Section 5(i)(1)(B) of 

the Small Business Act (15 U.S.C. 634(i)(1)(B)) is amended to read 

as follows: 

‘‘(B) JURISDICTION.— 

‘‘(i) IN GENERAL.—Except as provided in clause (ii), 

the Office of Hearings and Appeals shall hear appeals 

of agency actions under or pursuant to this Act, the 

Small Business Investment Act of 1958 (15 U.S.C. 661 

et seq.), and title 13 of the Code of Federal Regulations, 

and shall hear such other matters as the Administrator 

may determine appropriate. 

‘‘(ii) EXCEPTION.—The Office of Hearings and Appeals shall not adjudicate disputes that require a hearing on the record, except disputes pertaining to the 

small business programs described in this Act.’’. 

(b) NEW RULES OR GUIDANCE FOR PETITIONS FOR RECONSIDERATION.—Section 3(a)(9) of the Small Business Act (15 U.S.C. 

632(a)(9)) is amended by adding at the end the following new subparagraph: 

‘‘(E) RULES OR GUIDANCE.—The Office of Hearings and 

Appeals shall begin accepting petitions for reconsideration 

described in subparagraph (A) after the date on which the 

Administration issues a rule or other guidance implementing this paragraph. Notwithstanding the provisions of 

subparagraph (B), petitions for reconsideration of size 

standards revised, modified, or established in a Federal 

Register final rule published between November 25, 2015, 

and the effective date of such rule or other guidance shall 

be considered timely if filed within 30 days of such effective 

date.’’. 

SEC. 1834. EXTENSION OF SBIR AND STTR PROGRAMS. 

(a) SBIR.—Section 9(m) of the Small Business Act (15 U.S.C. 

638(m)) is amended by striking ‘‘September 30, 2017’’ and inserting 

‘‘September 30, 2022’’. 

(b) STTR.—Section 9(n)(1) of the Small Business Act (15 U.S.C. 

638(n)(1)) is amended by striking ‘‘fiscal year 2017’’ and inserting 

‘‘fiscal year 2022’’. 

SEC. 1835. ISSUANCE OF GUIDANCE ON SMALL BUSINESS MATTERS. 

Not later than 180 days after the date of enactment of this Act, 

the Administrator of the Small Business Administration and the 

Secretary of Veterans Affairs shall issue guidance pertaining to the 

amendments made by this title to the Small Business Act and section 8127 of title 38, United States Code. The Administrator and the 

Secretary shall provide notice and opportunity for comment on such 

guidance for a period of not less than 60 days. 

Subtitle E—Improving Cyber Preparedness for Small 

Businesses 

SEC. 1841. SMALL BUSINESS DEVELOPMENT CENTER CYBER STRATEGY 

AND OUTREACH. 

(a) SMALL BUSINESS DEVELOPMENT CENTER CYBER STRATEGY.— 


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(1) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Administrator of the Small Business Administration and the Secretary of Homeland Security 

shall work collaboratively to develop a cyber strategy for small 

business development centers to be known as the ‘‘Small Business Development Center Cyber Strategy’’. 

(2) CONSULTATION.—In developing the strategy under this 

subsection, the Administrator of the Small Business Administration and the Secretary of Homeland Security shall consult 

with entities representing the concerns of small business development centers, including any association recognized under section 21(a)(3)(A) of the Small Business Act (15 U.S.C. 

648(a)(3)(A)). 

(3) CONTENT.—The strategy required under paragraph (1) 

shall include, at minimum, the following: 

(A) Plans for allowing small business development centers (hereinafter in this paragraph referred to as ‘‘SBDCs’’) 

to access existing cyber programs of the Department of 

Homeland Security and other appropriate Federal agencies 

to enhance services and streamline cyber assistance to 

small business concerns. 

(B) To the extent practicable, methods for providing 

counsel and assistance to improve a small business concern’s cybersecurity infrastructure, awareness of cyber 

threat indicators, and cyber training programs for employees, including— 

(i) working to ensure individuals are aware of best 

practices in the areas of cybersecurity, awareness of 

cyber threat indicators, and cyber training; 

(ii) working with individuals to develop cost-effective plans for implementing best practices in these 

areas; 

(iii) entering into agreements, where practical, 

with Information Sharing and Analysis Centers or 

similar entities that share cyber information to gain an 

awareness of actionable cyber threat indicators that 

may be beneficial to small business concerns; and 

(iv) providing referrals to area specialists when 

necessary. 

(C) An analysis of— 

(i) how Federal Government programs, projects, 

and activities can be leveraged by SBDCs to improve 

access to high-quality cyber support for small business 

concerns; 

(ii) additional resources SBDCs may need to effectively carry out their role; and 

(iii) how SBDCs can leverage existing partnerships 

and develop new partnerships with Federal, State, and 

local government entities as well as private entities to 

improve the quality of cyber support services to small 

business concerns. 

(4) DELIVERY OF STRATEGY.—Not later than 1 year after the 

date of the enactment of this Act, the Small Business Administrator and the Secretary of Homeland Security shall submit to 

the Committees on Homeland Security and Small Business of 


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the House of Representatives and the Committees on Homeland 

Security and Governmental Affairs and Small Business and 

Entrepreneurship of the Senate the Small Business Development Center Cyber Strategy developed under paragraph (1). 

(5) DEFINITIONS.—In this subsection, the following definitions shall apply: 

(A) CYBER THREAT INDICATOR.—The term ‘‘cyber threat 

indicator’’ has the meaning given such term in section 

227(a) of the Homeland Security Act of 2002 (6 U.S.C. 

148(a)). 

(B) SMALL BUSINESS DEVELOPMENT CENTER.—The term 

‘‘small business development center’’ has the meaning given 

such term in section 3 of the Small Business Act (15 U.S.C. 

632). 

(b) CYBERSECURITY OUTREACH FOR SMALL BUSINESS DEVELOP- MENT CENTERS.—Section 227 of the Homeland Security Act of 2002 

(6 U.S.C. 148) is amended— 

(1) by redesignating subsection (l) as subsection (m); and 

(2) by inserting after subsection (k) the following new subsection: 

‘‘(l) CYBERSECURITY OUTREACH.— 

‘‘(1) IN GENERAL.—The Secretary may leverage small business development centers to provide assistance to small business 

concerns by disseminating information on cyber threat indicators, defense measures, cybersecurity risks, incidents, analyses, 

and warnings to help small business concerns in developing or 

enhancing cybersecurity infrastructure, awareness of cyber 

threat indicators, and cyber training programs for employees. 

‘‘(2) DEFINITIONS.—For purposes of this subsection, the 

terms ‘small business concern’ and ‘small business development 

center’ have the meaning given such terms, respectively, under 

section 3 of the Small Business Act.’’. 

SEC. 1842. ROLE OF SMALL BUSINESS DEVELOPMENT CENTERS IN CYBERSECURITY AND PREPAREDNESS. 

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

(1) in subsection (a)(1), by striking ‘‘and providing access to 

business analysts who can refer small business concerns to 

available experts:’’ and inserting ‘‘providing access to business 

analysts who can refer small business concerns to available experts; and, to the extent practicable, providing assistance in furtherance of the Small Business Development Center Cyber 

Strategy developed under section 1841(a) of the National Defense Authorization Act for Fiscal Year 2017:’’; and 

(2) in subsection (c)(2)— 

(A) in subparagraph (E), by striking ‘‘and’’ at the end; 

(B) in subparagraph (F), by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end of the following new subparagraph: 

‘‘(G) access to cybersecurity specialists to counsel, assist, 

and inform small business concern clients, in furtherance of the 

Small Business Development Center Cyber Strategy developed 

under section 1841(a) of the National Defense Authorization Act 

for Fiscal Year 2017.’’. 


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SEC. 1843. ADDITIONAL CYBERSECURITY ASSISTANCE FOR SMALL 

BUSINESS DEVELOPMENT CENTERS. 

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

amended by adding at the end the following new paragraph: 

‘‘(8) CYBERSECURITY ASSISTANCE.— 

‘‘(A) IN GENERAL.—The Department of Homeland Security, and any other Federal department or agency in coordination with the Department of Homeland Security, may leverage small business development centers to provide assistance to small business concerns by disseminating information relating to cybersecurity risks and other homeland 

security matters to help small business concerns in developing or enhancing cybersecurity infrastructure, awareness 

of cyber threat indicators, and cyber training programs for 

employees. 

‘‘(B) DEFINITIONS.—In this paragraph, the terms ‘cybersecurity risk’ and ‘cyber threat indicator’ have the meanings 

given such terms, respectively, under section 227(a) of the 

Homeland Security Act of 2002 (6 U.S.C. 148(a)).’’. 

SEC. 1844. PROHIBITION ON ADDITIONAL FUNDS. 

No additional funds are authorized to be appropriated to carry 

out sections 1841 through 1843 or the amendments made by such 

sections. 

TITLE XIX—DEPARTMENT OF HOMELAND SECURITY COORDINATION 

Sec. 1901. Department of Homeland Security coordination. 

Sec. 1902. Office of Strategy, Policy, and Plans of the Department of Homeland Security. 

Sec. 1903. Management and execution. 

Sec. 1904. Chief Human Capital Officer of the Department of Homeland Security. 

Sec. 1905. Department of Homeland Security transparency. 

Sec. 1906. Transparency in research and development. 

Sec. 1907. United States Government review of certain foreign fighters. 

Sec. 1908. National strategy to combat terrorist travel. 

Sec. 1909. National Operations Center. 

Sec. 1910. Department of Homeland Security strategy for international programs. 

Sec. 1911. State and high-risk urban area working groups. 

Sec. 1912. Cybersecurity strategy for the Department of Homeland Security. 

Sec. 1913. EMP and GMD planning, research and development, and protection and 

preparedness. 

SEC. 1901. DEPARTMENT OF HOMELAND SECURITY COORDINATION. 

(a) IN GENERAL.—Subsection (d) of section 103 of the Homeland 

Security Act of 2002 (6 U.S.C. 113) is amended by adding at the 

end the following new paragraph: 

‘‘(5) Any Director of a Joint Task Force under section 708.’’. 

(b) JOINT TASK FORCES.—Title VII of the Homeland Security 

Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end 

the following new section: 

‘‘SEC. 708. JOINT TASK FORCES. 

‘‘(a) DEFINITION.—In this section, the term ‘situational awareness’ means knowledge and unified understanding of unlawful 

cross-border activity, including— 

‘‘(1) threats and trends concerning illicit trafficking and 

unlawful crossings; 

‘‘(2) the ability to forecast future shifts in such threats and 

trends; 


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‘‘(3) the ability to evaluate such threats and trends at a 

level sufficient to create actionable plans; and 

‘‘(4) the operational capability to conduct continuous and 

integrated surveillance of the air, land, and maritime borders 

of the United States. 

‘‘(b) JOINT TASK FORCES.— 

‘‘(1) ESTABLISHMENT.—The Secretary may establish and operate departmental Joint Task Forces to conduct joint operations using personnel and capabilities of the Department for 

the purposes specified in paragraph (2). 

‘‘(2) PURPOSES.— 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 

purposes referred to in paragraph (1) are or relate to the 

following: 

‘‘(i) Securing the land and maritime borders of the 

United States. 

‘‘(ii) Homeland security crises. 

‘‘(iii) Establishing regionally-based operations. 

‘‘(B) LIMITATION.— 

‘‘(i) IN GENERAL.—The Secretary may not establish 

a Joint Task Force for any major disaster or emergency 

declared under the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 

or an incident for which the Federal Emergency Management Agency has primary responsibility for management of the response under title V of this Act, including section 504(a)(3)(A), unless the responsibilities 

of such a Joint Task Force— 

‘‘(I) do not include operational functions related to incident management, including coordination of operations; and 

‘‘(II) are consistent with the requirements of 

paragraphs (3) and (4)(A) of section 503(c) and section 509(c) of this Act, and section 302 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5143). 

‘‘(ii) RESPONSIBILITIES AND FUNCTIONS NOT REDUCED.—Nothing in this section may be construed to 

reduce the responsibilities or functions of the Federal 

Emergency Management Agency or the Administrator 

of the Agency under title V of this Act or any other provision of law, including the diversion of any asset, 

function, or mission from the Agency or the Administrator of the Agency pursuant to section 506. 

‘‘(3) JOINT TASK FORCE DIRECTORS.— 

‘‘(A) DIRECTOR.—Each Joint Task Force established 

and operated pursuant to paragraph (1) shall be headed by 

a Director, appointed by the President, for a term of not 

more than two years. The Secretary shall submit to the 

President recommendations for such appointments after 

consulting with the heads of the components of the Department with membership on any such Joint Task Force. Any 

Director appointed by the President shall be— 


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‘‘(i) a current senior official of the Department with 

not less than one year of significant leadership experience at the Department; or 

‘‘(ii) if no suitable candidate is available at the Department, an individual with— 

‘‘(I) not less than one year of significant leadership experience in a Federal agency since the establishment of the Department; and 

‘‘(II) a demonstrated ability in, knowledge of, 

and significant experience working on the issues to 

be addressed by any such Joint Task Force. 

‘‘(B) EXTENSION.—The Secretary may extend the appointment of a Director of a Joint Task Force under subparagraph (A) for not more than two years if the Secretary 

determines that such an extension is in the best interest of 

the Department. 

‘‘(4) JOINT TASK FORCE DEPUTY DIRECTORS.—For each Joint 

Task Force, the Secretary shall appoint a Deputy Director who 

shall be an official of a different component or office of the Department than the Director of such Joint Task Force. 

‘‘(5) RESPONSIBILITIES.—The Director of a Joint Task 

Force, subject to the oversight, direction, and guidance of the 

Secretary, shall— 

‘‘(A) when established for the purpose referred to in 

paragraph (2)(A)(i), maintain situational awareness within 

the areas of responsibility of the Joint Task Force, as determined by the Secretary; 

‘‘(B) provide operational plans and requirements for 

standard operating procedures and contingency operations 

within the areas of responsibility of the Joint Task Force, 

as determined by the Secretary; 

‘‘(C) plan and execute joint task force activities within 

the areas of responsibility of the Joint Task Force, as determined by the Secretary; 

‘‘(D) set and accomplish strategic objectives through integrated operational planning and execution; 

‘‘(E) exercise operational direction over personnel and 

equipment from components and offices of the Department 

allocated to the Joint Task Force to accomplish the objectives of the Joint Task Force; 

‘‘(F) when established for the purpose referred to in 

paragraph (2)(A)(i), establish operational and investigative 

priorities within the areas of responsibility of the Joint 

Task Force, as determined by the Secretary; 

‘‘(G) coordinate with foreign governments and other 

Federal, State, and local agencies, as appropriate, to carry 

out the mission of the Joint Task Force; and 

‘‘(H) carry out other duties and powers the Secretary 

determines appropriate. 

‘‘(6) PERSONNEL AND RESOURCES.— 

‘‘(A) IN GENERAL.—The Secretary may, upon request of 

the Director of a Joint Task Force, and giving appropriate 

consideration of risk to the other primary missions of the 

Department, allocate to such Joint Task Force on a temVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 00714 Fmt 6659 Sfmt 6603 E:\HR\OC\HR840.XXX HR840

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porary basis personnel and equipment of components and 

offices of the Department. 

‘‘(B) COST NEUTRALITY.—A Joint Task Force may not 

require more resources than would have otherwise been required by the Department to carry out the duties assigned 

to such Joint Task Force if such Joint Task Force had not 

been established. 

‘‘(C) LOCATION OF OPERATIONS.—In establishing a location of operations for a Joint Task Force, the Secretary 

shall, to the extent practicable, use existing facilities that 

integrate efforts of components of the Department and 

State, local, tribal, or territorial law enforcement or military entities. 

‘‘(D) CONSIDERATION OF IMPACT.—When reviewing requests for allocation of component personnel and equipment 

under subparagraph (A), the Secretary shall consider the 

impact of such allocation on the ability of the donating 

component or office to carry out the primary missions of the 

Department, and in the case of the Coast Guard, the missions specified in section 888. 

‘‘(E) LIMITATION.—Personnel and equipment of the 

Coast Guard allocated under this paragraph may be used 

only to carry out operations and investigations related to 

the missions specified in section 888. 

‘‘(F) REPORT.—The Secretary shall, at the time the 

budget of the President is submitted to Congress for a fiscal 

year under section 1105(a) of title 31, United States Code, 

submit to the Committee on Homeland Security and the 

Committee on Transportation and Infrastructure of the 

House of Representatives and the Committee on Homeland 

Security and Governmental Affairs and the Committee on 

Commerce, Science, and Transportation of the Senate a report on the total funding, personnel, and other resources 

that each component or office of the Department allocated 

under this paragraph to each Joint Task Force to carry out 

the mission of such Joint Task Force during the fiscal year 

immediately preceding each such report, and a description 

of the degree to which the resources drawn from each component or office impact the primary mission of such component or office. 

‘‘(7) COMPONENT RESOURCE AUTHORITY.—As directed by the 

Secretary— 

‘‘(A) each Director of a Joint Task Force shall be provided sufficient resources from relevant components and offices of the Department and the authority necessary to carry 

out the missions and responsibilities of such Joint Task 

Force required under this section; 

‘‘(B) the resources referred to in subparagraph (A) shall 

be under the operational authority, direction, and control of 

the Director of the Joint Task Force to which such resources 

are assigned; and 

‘‘(C) the personnel and equipment of each Joint Task 

Force shall remain under the administrative direction of 

the head of the component or office of the Department that 

provided such personnel or equipment. 


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‘‘(8) JOINT TASK FORCE STAFF.—Each Joint Task Force 

shall have a staff, composed of officials from relevant components and offices of the Department, to assist the Director of 

such Joint Task Force in carrying out the mission and responsibilities of such Joint Task Force. 

‘‘(9) ESTABLISHMENT OF PERFORMANCE METRICS.—The Secretary shall— 

‘‘(A) establish outcome-based and other appropriate 

performance metrics to evaluate the effectiveness of each 

Joint Task Force; 

‘‘(B) not later than 120 days after the date of the enactment of this section and 120 days after the establishment 

of a new Joint Task Force, as appropriate, submit to the 

Committee on Homeland Security and the Committee on 

Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and 

Governmental Affairs and the Committee on Commerce, 

Science, and Transportation of the Senate the metrics established under subparagraph (A). 

‘‘(C) not later than January 31 of each year beginning 

in 2017, submit to each committee specified in subparagraph (B) a report that contains the evaluation described in 

subparagraph (A). 

‘‘(10) JOINT DUTY TRAINING PROGRAM.— 

‘‘(A) IN GENERAL.—The Secretary shall— 

‘‘(i) establish a joint duty training program in the 

Department for the purposes of— 

‘‘(I) enhancing coordination within the Department; and 

‘‘(II) promoting workforce professional development; and 

‘‘(ii) tailor such joint duty training program to improve joint operations as part of the Joint Task Forces. 

‘‘(B) ELEMENTS.—The joint duty training program established under subparagraph (A) shall address, at a minimum, the following topics: 

‘‘(i) National security strategy. 

‘‘(ii) Strategic and contingency planning. 

‘‘(iii) Command and control of operations under 

joint command. 

‘‘(iv) International engagement. 

‘‘(v) The homeland security enterprise. 

‘‘(vi) Interagency collaboration. 

‘‘(vii) Leadership. 

‘‘(viii) Specific subject matters relevant to the Joint 

Task Force, including matters relating to the missions 

specified in section 888, to which the joint duty training program is assigned. 

‘‘(C) TRAINING REQUIRED.— 

‘‘(i) DIRECTORS AND DEPUTY DIRECTORS.—Except 

as provided in clauses (iii) and (iv), an individual 

shall complete the joint duty training program before 

being appointed Director or Deputy Director of a Joint 

Task Force. 


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‘‘(ii) JOINT TASK FORCE STAFF.—Each official serving on the staff of a Joint Task Force shall complete 

the joint duty training program within the first year of 

assignment to such Joint Task Force. 

‘‘(iii) EXCEPTION.—Clause (i) shall not apply to the 

first Director or Deputy Director appointed to a Joint 

Task Force on or after the date of the enactment of this 

section. 

‘‘(iv) WAIVER.—The Secretary may waive the application of clause (i) if the Secretary determines that 

such a waiver is in the interest of homeland security or 

necessary to carry out the mission for which a Joint 

Task Force was established. 

‘‘(11) NOTIFICATION OF JOINT TASK FORCE FORMATION.— 

‘‘(A) IN GENERAL.—Not later than 90 days before establishing a Joint Task Force under this subsection, the Secretary shall submit to the majority leader of the Senate, the 

minority leader of the Senate, the Speaker of the House of 

Representatives, the majority leader of the House of Representatives, the minority leader of the House of Representatives, and the Committee on Homeland Security and the 

Committee on Transportation and Infrastructure of the 

House of Representatives and the Committee on Homeland 

Security and Governmental Affairs and the Committee on 

Commerce, Science, and Transportation of the Senate a notification regarding such establishment. 

‘‘(B) WAIVER AUTHORITY.—The Secretary may waive the 

requirement under subparagraph (A) in the event of an 

emergency circumstance that imminently threatens the protection of human life or property. 

‘‘(12) REVIEW.— ‘‘(A) IN GENERAL.—Not later than January 31, 2018, 

and January 31, 2021, the Inspector General of the Department shall submit to the Committee on Homeland Security 

and the Committee on Transportation and Infrastructure of 

the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the 

Senate a review of the Joint Task Forces established under 

this subsection. 

‘‘(B) CONTENTS.—The reviews required under subparagraph (A) shall include— 

‘‘(i) an assessment of the effectiveness of the structure of each Joint Task Force; and 

‘‘(ii) recommendations for enhancements to such 

structure to strengthen the effectiveness of each Joint 

Task Force. 

‘‘(13) SUNSET.—This section expires on September 30, 2022. 

‘‘(c) JOINT DUTY ASSIGNMENT PROGRAM.—After establishing the 

joint duty training program under subsection (b)(10), the Secretary 

shall establish a joint duty assignment program within the Department for the purposes of enhancing coordination in the Department 

and promoting workforce professional development.’’. 

(c) TRANSITION.—An individual serving as a Director of a Joint 

Task Force of the Department of Homeland Security in existence on 


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the day before the date of the enactment of this section may serve 

as the Director of such Joint Task Force on and after such date of 

enactment until a Director of such Joint Task Force is appointed 

pursuant to subparagraph (A) of section 708(b)(3), as added by subsection (a) of this section. 

(d) CONFORMING AMENDMENTS.—The Homeland Security Act of 

2002 is amended— 

(1) in subsection (c) of section 506 (6 U.S.C. 316)— 

(A) in paragraph (1), by inserting ‘‘, including through 

a Joint Task Force established under section 708,’’ after 

‘‘reduce’’; and 

(B) in paragraph (2), by inserting ‘‘including a Joint 

Task Force established under section 708,’’ after ‘‘Department,’’; and 

(2) in paragraph (2) of section 509(c) (6 U.S.C. 319)— 

(A) in the paragraph heading, by inserting ‘‘; JOINT

TASK FORCE’’ after ‘‘OFFICIAL’’; and 

(B) in the matter preceding subparagraph (A), by inserting ‘‘or Director of a Joint Task Force established under 

section 708’’ before ‘‘shall’’. 

(e) CLERICAL AMENDMENT.—The table of contents in section 1(b) 

of the Homeland Security Act of 2002 is amended by inserting after 

the item relating to section 707 the following new item: 

‘‘Sec. 708. Joint Task Forces.’’. 

SEC. 1902. OFFICE OF STRATEGY, POLICY, AND PLANS OF THE DEPARTMENT OF HOMELAND SECURITY. 

(a) OFFICE OF STRATEGY, POLICY, AND PLANS.—Title VII of the 

Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), as amended 

by section 1901 of this title, is further amended by adding at the 

end the following new section: 

‘‘SEC. 709. OFFICE OF STRATEGY, POLICY, AND PLANS. 

‘‘(a) IN GENERAL.—There is established in the Department an 

Office of Strategy, Policy, and Plans. 

‘‘(b) HEAD OF OFFICE.—The Office of Strategy, Policy, and 

Plans shall be headed by an Under Secretary for Strategy, Policy, 

and Plans, who shall serve as the principal policy advisor to the 

Secretary. The Under Secretary for Strategy, Policy, and Plans shall 

be appointed by the President, by and with the advice and consent 

of the Senate. 

‘‘(c) FUNCTIONS.—The Under Secretary for Strategy, Policy, and 

Plans shall— 

‘‘(1) lead, conduct, and coordinate Department-wide policy 

development and implementation and strategic planning; 

‘‘(2) develop and coordinate policies to promote and ensure 

quality, consistency, and integration for the programs, components, offices, and activities across the Department; 

‘‘(3) develop and coordinate strategic plans and long-term 

goals of the Department with risk-based analysis and planning 

to improve operational mission effectiveness, including consultation with the Secretary regarding the quadrennial homeland security review under section 707; 

‘‘(4) manage Department leadership councils and provide 

analytics and support to such councils; 


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‘‘(5) manage international coordination and engagement for 

the Department; 

‘‘(6) review and incorporate, as appropriate, external stakeholder feedback into Department policy; and 

‘‘(7) carry out such other responsibilities as the Secretary 

determines appropriate. 

‘‘(d) DEPUTY UNDER SECRETARY.— ‘‘(1) IN GENERAL.—The Secretary may— 

‘‘(A) establish within the Office of Strategy, Policy, and 

Plans a position of Deputy Under Secretary to support the 

Under Secretary for Strategy, Policy, and Plans in carrying 

out the Under Secretary’s responsibilities; and 

‘‘(B) appoint a career employee to such position. 

‘‘(2) LIMITATION ON ESTABLISHMENT OF DEPUTY UNDER SECRETARY POSITIONS.—A Deputy Under Secretary position (or any 

substantially similar position) within the Office of Strategy, 

Policy, and Plans may not be established except for the position 

provided for by paragraph (1), unless the Secretary receives 

prior authorization from Congress. 

‘‘(3) DEFINITIONS.—For purposes of paragraph (1)— 

‘‘(A) the term ‘career employee’ means any employee (as 

such term is defined in section 2105 of title 5, United 

States Code), but does not include a political appointee; 

and 

‘‘(B) the term ‘political appointee’ means any employee 

who occupies a position which has been excepted from the 

competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character. 

‘‘(e) COORDINATION BY DEPARTMENT COMPONENTS.—To ensure 

consistency with the policy priorities of the Department, the head of 

each component of the Department shall coordinate with the Office 

of Strategy, Policy, and Plans in establishing or modifying policies 

or strategic planning guidance with respect to each such component. 

‘‘(f) HOMELAND SECURITY STATISTICS AND JOINT ANALYSIS.— 

‘‘(1) HOMELAND SECURITY STATISTICS.—The Under Secretary for Strategy, Policy, and Plans shall— 

‘‘(A) establish standards of reliability and validity for 

statistical data collected and analyzed by the Department; 

‘‘(B) be provided by the heads of all components of the 

Department with statistical data maintained by the Department regarding the operations of the Department; 

‘‘(C) conduct or oversee analysis and reporting of such 

data by the Department as required by law or as directed 

by the Secretary; and 

‘‘(D) ensure the accuracy of metrics and statistical data 

provided to Congress. 

‘‘(2) TRANSFER OF RESPONSIBILITIES.—There shall be transferred to the Under Secretary for Strategy, Policy, and Plans 

the maintenance of all immigration statistical information of 

U.S. Customs and Border Protection, U.S. Immigration and 

Customs Enforcement, and United States Citizenship and Immigration Services, which shall include information and statistics of the type contained in the publication entitled ‘Yearbook 

of Immigration Statistics’ prepared by the Office of Immigration 

Statistics, including region-by-region statistics on the aggregate 


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number of applications and petitions filed by an alien (or filed 

on behalf of an alien) and denied, and the reasons for such denials, disaggregated by category of denial and application or 

petition type. 

‘‘(g) LIMITATION.—Nothing in this section overrides or otherwise 

affects the requirements specified in section 888.’’. 

(b) CONFORMING AMENDMENT.—Subparagraph (B) of section 

707(a)(3) of the Homeland Security Act of 2002 (6 U.S.C. 347(a)(3)) 

is amended by inserting before the semicolon the following: ‘‘, including the Under Secretary for Strategy, Policy, and Plans’’. 

(c) CLERICAL AMENDMENT.—The table of contents in section 1(b) 

of the Homeland Security Act of 2002 , as amended by section 1901 

of this title, is further amended by inserting after the item relating 

to section 708 the following new item: 

‘‘Sec. 709. Office of Strategy, Policy, and Plans.’’. 

SEC. 1903. MANAGEMENT AND EXECUTION. 

(a) IN GENERAL.—Section 103 of the Homeland Security Act of 

2002 (6 U.S.C. 113) is amended— 

(1) in subsection (a)(1)— 

(A) in subparagraph (F), by inserting before the period 

at the end the following: ‘‘, who shall be first assistant to 

the Deputy Secretary of Homeland Security for purposes of 

subchapter III of chapter 33 of title 5, United States Code’’; 

and 

(B) by adding at the end the following: 

‘‘(K) An Under Secretary for Strategy, Policy, and 

Plans.’’; and 

(2) by adding at the end the following: 

‘‘(g) VACANCIES.— ‘‘(1) ABSENCE, DISABILITY, OR VACANCY OF SECRETARY OR

DEPUTY SECRETARY.—Notwithstanding chapter 33 of title 5, 

United States Code, the Under Secretary for Management shall 

serve as the Acting Secretary if by reason of absence, disability, 

or vacancy in office, neither the Secretary nor Deputy Secretary 

is available to exercise the duties of the Office of the Secretary. 

‘‘(2) FURTHER ORDER OF SUCCESSION.—Notwithstanding 

chapter 33 of title 5, United States Code, the Secretary may designate such other officers of the Department in further order of 

succession to serve as Acting Secretary. 

‘‘(3) NOTIFICATION OF VACANCIES.—The Secretary shall notify the Committee on Homeland Security and Governmental 

Affairs of the Senate and the Committee on Homeland Security 

of the House of Representatives of any vacancies that require 

notification under sections 3345 through 3349d of title 5, 

United States Code (commonly known as the ‘Federal Vacancies 

Reform Act of 1998’).’’. 

(b) UNDER SECRETARY FOR MANAGEMENT.—Section 701 of the 

Homeland Security Act of 2002 (6 U.S.C. 341) is amended— 

(1) in subsection (a)— 

(A) by striking paragraph (9) and inserting the following: 

‘‘(9) The management integration and transformation within each functional management discipline of the Department, 

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sure an efficient and orderly consolidation of functions and personnel in the Department, including— 

‘‘(A) the development of centralized data sources and 

connectivity of information systems to the greatest extent 

practicable to enhance program visibility, transparency, 

and operational effectiveness and coordination; 

‘‘(B) the development of standardized and automated 

management information to manage and oversee programs 

and make informed decisions to improve the efficiency of 

the Department; 

‘‘(C) the development of effective program management 

and regular oversight mechanisms, including clear roles 

and processes for program governance, sharing of best 

practices, and access to timely, reliable, and evaluated data 

on all acquisitions and investments; and 

‘‘(D) the overall supervision, including the conduct of 

internal audits and management analyses, of the programs 

and activities of the Department, including establishment 

of oversight procedures to ensure a full and effective review 

of the efforts by components of the Department to implement policies and procedures of the Department for management integration and transformation.’’; 

(B) by redesignating paragraphs (10) and (11) as paragraphs (12) and (13), respectively; and 

(C) by inserting after paragraph (9) the following: 

‘‘(10) The development of a transition and succession plan, 

before December 1 of each year in which a Presidential election 

is held, to guide the transition of Department functions to a 

new Presidential administration, and making such plan available to the next Secretary and Under Secretary for Management 

and to the congressional homeland security committees. 

‘‘(11) Reporting to the Government Accountability Office 

every six months to demonstrate measurable, sustainable 

progress made in implementing the corrective action plans of 

the Department to address the designation of the management 

functions of the Department on the bi-annual high risk list of 

the Government Accountability Office, until the Comptroller 

General of the United States submits to the appropriate congressional committees written notification of removal of the 

high-risk designation.’’; 

(2) by striking subsection (b) and inserting the following: 

‘‘(b) WAIVERS FOR CONDUCTING BUSINESS WITH SUSPENDED OR

DEBARRED CONTRACTORS.—Not later than five days after the date 

on which the Chief Procurement Officer or Chief Financial Officer 

of the Department issues a waiver of the requirement that an agency 

not engage in business with a contractor or other recipient of funds 

listed as a party suspended or debarred from receiving contracts, 

grants, or other types of Federal assistance in the System for Award 

Management maintained by the General Services Administration, or 

any successor thereto, the Under Secretary for Management shall 

submit to the congressional homeland security committees and the 

Inspector General of the Department notice of the waiver and an explanation of the finding by the Under Secretary that a compelling 

reason exists for the waiver.’’; 

(3) by redesignating subsection (d) as subsection (e); and 


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(4) by inserting after subsection (c) the following: 

‘‘(d) SYSTEM FOR AWARD MANAGEMENT CONSULTATION.—The 

Under Secretary for Management shall require that all Department 

contracting and grant officials consult the System for Award Management (or successor system) as maintained by the General Services Administration prior to awarding a contract or grant or entering into other transactions to ascertain whether the selected contractor is excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial 

assistance and benefits.’’. 

SEC. 1904. CHIEF HUMAN CAPITAL OFFICER OF THE DEPARTMENT OF 

HOMELAND SECURITY. 

Section 704 of the Homeland Security Act of 2002 (6 U.S.C. 

344) is amended to read as follows: 

‘‘SEC. 704. CHIEF HUMAN CAPITAL OFFICER. 

‘‘(a) IN GENERAL.—The Chief Human Capital Officer shall report directly to the Under Secretary for Management. 

‘‘(b) RESPONSIBILITIES.—In addition to the responsibilities set 

forth in chapter 14 of title 5, United States Code, and other applicable law, the Chief Human Capital Officer of the Department shall— 

‘‘(1) develop and implement strategic workforce planning 

policies that are consistent with Government-wide leading principles and in line with Department strategic human capital 

goals and priorities, taking into account the special requirements of members of the Armed Forces serving in the Coast 

Guard; 

‘‘(2) develop performance measures to provide a basis for 

monitoring and evaluating Department-wide strategic workforce 

planning efforts; 

‘‘(3) develop, improve, and implement policies, including 

compensation flexibilities available to Federal agencies where 

appropriate, to recruit, hire, train, and retain the workforce of 

the Department, in coordination with all components of the Department; 

‘‘(4) identify methods for managing and overseeing human 

capital programs and initiatives, in coordination with the head 

of each component of the Department; 

‘‘(5) develop a career path framework and create opportunities for leader development in coordination with all components 

of the Department; 

‘‘(6) lead the efforts of the Department for managing employee resources, including training and development opportunities, in coordination with each component of the Department; 

‘‘(7) work to ensure the Department is implementing human 

capital programs and initiatives and effectively educating each 

component of the Department about these programs and initiatives; 

‘‘(8) identify and eliminate unnecessary and duplicative 

human capital policies and guidance; 

‘‘(9) provide input concerning the hiring and performance of 

the Chief Human Capital Officer or comparable official in each 

component of the Department; and 


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‘‘(10) ensure that all employees of the Department are informed of their rights and remedies under chapters 12 and 23 

of title 5, United States Code. 

‘‘(c) COMPONENT STRATEGIES.— 

‘‘(1) IN GENERAL.—Each component of the Department 

shall, in coordination with the Chief Human Capital Officer of 

the Department, develop a 5-year workforce strategy for the 

component that will support the goals, objectives, and performance measures of the Department for determining the proper 

balance of Federal employees and private labor resources. 

‘‘(2) STRATEGY REQUIREMENTS.—In developing the strategy 

required under paragraph (1), each component shall consider 

the effect on human resources associated with creating additional Federal full-time equivalent positions, converting private 

contractors to Federal employees, or relying on the private sector for goods and services. 

‘‘(d) ANNUAL SUBMISSION.—Not later than 90 days after the 

date on which the Secretary submits the annual budget justification 

for the Department, the Secretary shall submit to the congressional 

homeland security committees a report that includes a table, delineated by component with actual and enacted amounts, including— 

‘‘(1) information on the progress within the Department of 

fulfilling the workforce strategies developed under subsection 

(c); 

‘‘(2) the number of on-board staffing for Federal employees 

from the prior fiscal year; 

‘‘(3) the total contract hours submitted by each prime contractor as part of the service contract inventory required under 

section 743 of the Financial Services and General Government 

Appropriations Act, 2010 (division C of Public Law 111–117; 31 

U.S.C. 501 note); and 

‘‘(4) the number of full-time equivalent personnel identified 

under the Intergovernmental Personnel Act of 1970 (42 U.S.C. 

4701 et seq.). 

‘‘(e) LIMITATION.—Nothing in this section overrides or otherwise 

affects the requirements specified in section 888.’’. 

SEC. 1905. DEPARTMENT OF HOMELAND SECURITY TRANSPARENCY. 

(a) FEASIBILITY STUDY.—The Administrator of the Federal 

Emergency Management Agency shall initiate a study to determine 

the feasibility of gathering data and providing information to Congress on the use of Federal grant awards, for expenditures of more 

than $5,000, by entities that receive a Federal grant award under 

the Urban Area Security Initiative and the State Homeland Security 

Grant Program under sections 2003 and 2004 of the Homeland Security Act of 2002 (6 U.S.C. 604 and 605), respectively. 

(b) REPORT.—Not later than one year after the date of the enactment of this Act, the Administrator of the Federal Emergency Management Agency shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs a report on the results of 

the study required under subsection (a). 


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SEC. 1906. TRANSPARENCY IN RESEARCH AND DEVELOPMENT. 

(a) IN GENERAL.—Title III of the Homeland Security Act of 

2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the following new section: 

‘‘SEC. 319. TRANSPARENCY IN RESEARCH AND DEVELOPMENT. 

‘‘(a) REQUIREMENT TO LIST RESEARCH AND DEVELOPMENT PROGRAMS.— 

‘‘(1) IN GENERAL.—The Secretary shall maintain a detailed 

list of the following: 

‘‘(A) Each classified and unclassified research and development project, and all appropriate details for each such 

project, including the component of the Department responsible for each such project. 

‘‘(B) Each task order for a Federally Funded Research 

and Development Center not associated with a research 

and development project. 

‘‘(C) Each task order for a University-based center of 

excellence not associated with a research and development 

project. 

‘‘(D) The indicators developed and tracked by the 

Under Secretary for Science and Technology with respect to 

transitioned projects pursuant to subsection (c). 

‘‘(2) EXCEPTION FOR CERTAIN COMPLETED PROJECTS.—Paragraph (1) shall not apply to a project completed or otherwise 

terminated before the date of the enactment of this section. 

‘‘(3) UPDATES.—The list required under paragraph (1) shall 

be updated as frequently as possible, but not less frequently 

than once per quarter. 

‘‘(4) RESEARCH AND DEVELOPMENT DEFINED.—For purposes 

of the list required under paragraph (1), the Secretary shall 

provide a definition for the term ‘research and development’. 

‘‘(b) REQUIREMENT TO REPORT TO CONGRESS ON ALL

PROJECTS.—Not later than January 1, 2017, and annually thereafter, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a classified 

and unclassified report, as applicable, that lists each ongoing classified and unclassified project at the Department, including all appropriate details of each such project. 

‘‘(c) INDICATORS OF SUCCESS OF TRANSITIONED PROJECTS.— 

‘‘(1) IN GENERAL.—For each project that has been 

transitioned to practice from research and development, the 

Under Secretary for Science and Technology shall develop and 

track indicators to demonstrate the uptake of the technology or 

project among customers or end-users. 

‘‘(2) REQUIREMENT.—To the fullest extent possible, the 

tracking of a project required under paragraph (1) shall continue for the three-year period beginning on the date on which 

such project was transitioned to practice from research and development. 

‘‘(d) DEFINITIONS.—In this section: 

‘‘(1) ALL APPROPRIATE DETAILS.—The term ‘all appropriate 

details’ means, with respect to a research and development 

project— 


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‘‘(A) the name of such project, including both classified 

and unclassified names if applicable; 

‘‘(B) the name of the component of the Department carrying out such project; 

‘‘(C) an abstract or summary of such project; 

‘‘(D) funding levels for such project; 

‘‘(E) project duration or timeline; 

‘‘(F) the name of each contractor, grantee, or cooperative agreement partner involved in such project; 

‘‘(G) expected objectives and milestones for such project; 

and 

‘‘(H) to the maximum extent practicable, relevant literature and patents that are associated with such project. 

‘‘(2) CLASSIFIED.—The term ‘classified’ means anything containing— 

‘‘(A) classified national security information as defined 

in section 6.1 of Executive Order 13526 (50 U.S.C. 3161 

note) or any successor order; 

‘‘(B) Restricted Data or data that was formerly Restricted Data, as defined in section 11y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)); 

‘‘(C) material classified at the Sensitive Compartmented Information (SCI) level, as defined in section 309 

of the Intelligence Authorization Act for Fiscal Year 2001 

(50 U.S.C. 3345); or 

‘‘(D) information relating to a special access program, 

as defined in section 6.1 of Executive Order 13526 (50 

U.S.C. 3161 note) or any successor order. 

‘‘(3) CONTROLLED UNCLASSIFIED INFORMATION.—The term 

‘controlled unclassified information’ means information described as ‘Controlled Unclassified Information’ under Executive Order 13556 (50 U.S.C. 3501 note) or any successor order. 

‘‘(4) PROJECT.—The term ‘project’ means a research or development project, program, or activity administered by the Department, whether ongoing, completed, or otherwise terminated. 

‘‘(e) LIMITATION.—Nothing in this section overrides or otherwise 

affects the requirements specified in section 888.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 

1(b) of the Homeland Security Act of 2002 is amended by inserting 

after the item relating to section 318 the following new item: 

‘‘Sec. 319. Transparency in research and development.’’. 

SEC. 1907. UNITED STATES GOVERNMENT REVIEW OF CERTAIN FOREIGN FIGHTERS. 

(a) REVIEW.—Not later than 30 days after the date of the enactment of this Act, the President shall initiate a review of known instances since 2011 in which a person has traveled or attempted to 

travel to a conflict zone in Iraq or Syria from the United States to 

join or provide material support or resources to a terrorist organization. 

(b) SCOPE OF REVIEW.—The review under subsection (a) shall— 

(1) include relevant unclassified and classified information 

held by the United States Government related to each instance 

described in subsection (a); 

(2) ascertain which factors, including operational issues, security vulnerabilities, systemic challenges, or other issues, 


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which may have undermined efforts to prevent the travel of persons described in subsection (a) to a conflict zone in Iraq or 

Syria from the United States, including issues related to the 

timely identification of suspects, information sharing, intervention, and interdiction; and 

(3) identify lessons learned and areas that can be improved 

to prevent additional travel by persons described in subsection 

(a) to a conflict zone in Iraq or Syria, or other terrorist safe 

haven abroad, to join or provide material support or resources 

to a terrorist organization. 

(c) INFORMATION SHARING.—The President shall direct the 

heads of relevant Federal agencies to provide the appropriate information that may be necessary to complete the review required under 

this section. 

(d) SUBMISSION TO CONGRESS.—Not later than 120 days after 

the date of the enactment of this Act, the President, consistent with 

the protection of classified information, shall submit a report to the 

majority leader of the Senate, the minority leader of the Senate, the 

Speaker of the House of Representatives, the majority leader of the 

House of Representatives, the minority leader of the House of Representatives, and the appropriate congressional committees that includes the results of the review required under this section, including information on travel routes of greatest concern, as appropriate. 

(e) DEFINITIONS.—In this section: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the Committee on Homeland Security and Governmental Affairs of the Senate; 

(B) the Select Committee on Intelligence of the Senate; 

(C) the Committee on the Judiciary of the Senate; 

(D) the Committee on Armed Services of the Senate; 

(E) the Committee on Foreign Relations of the Senate; 

(F) the Committee on Banking, Housing, and Urban 

Affairs of the Senate; 

(G) the Committee on Appropriations of the Senate; 

(H) the Committee on Homeland Security of the House 

of Representatives; 

(I) the Permanent Select Committee on Intelligence of 

the House of Representatives; 

(J) the Committee on the Judiciary of the House of 

Representatives; 

(K) the Committee on Armed Services of the House of 

Representatives; 

(L) the Committee on Foreign Affairs of the House of 

Representatives; 

(M) the Committee on Appropriations of the House of 

Representatives; and 

(N) the Committee on Financial Services of the House 

of Representatives. 

(2) MATERIAL SUPPORT OR RESOURCES.—The term ‘‘material support or resources’’ has the meaning given such term in 

section 2339A of title 18, United States Code. 

SEC. 1908. NATIONAL STRATEGY TO COMBAT TERRORIST TRAVEL. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that it 

should be the policy of the United States to— 


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(1) continue to regularly assess the evolving terrorist threat 

to the United States; 

(2) catalog existing Federal Government efforts to obstruct 

terrorist and foreign fighter travel into, out of, and within the 

United States, and overseas; 

(3) identify such efforts that may benefit from reform or 

consolidation, or require elimination; 

(4) identify potential security vulnerabilities in United 

States defenses against terrorist travel; and 

(5) prioritize resources to address any such security 

vulnerabilities in a risk-based manner. 

(b) NATIONAL STRATEGY AND UPDATES.— 

(1) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the President shall submit to the majority leader of the Senate, the minority leader of the Senate, the 

Speaker of the House of Representatives, the majority leader of 

the House of Representatives, the minority leader of the House 

of Representatives, and the appropriate congressional committees a national strategy to combat terrorist travel. The strategy 

shall address efforts to intercept terrorists and foreign fighters 

and constrain the domestic and international travel of such persons. Consistent with the protection of classified information, 

the strategy shall be submitted in unclassified form, including, 

as appropriate, a classified annex. 

(2) UPDATED STRATEGIES.—Not later than 180 days after 

the date on which a new President is inaugurated, the President shall submit to the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, the majority leader of the House of Representatives, the minority leader of the House of Representatives, and 

the appropriate congressional committees an updated version of 

the strategy described in paragraph (1). 

(3) CONTENTS.—The strategy and updates required under 

this subsection shall— 

(A) include an accounting and description of all Federal Government programs, projects, and activities designed to constrain domestic and international travel by 

terrorists and foreign fighters; 

(B) identify specific security vulnerabilities within the 

United States and outside of the United States that may be 

exploited by terrorists and foreign fighters; 

(C) delineate goals for— 

(i) closing the security vulnerabilities identified 

under subparagraph (B); and 

(ii) enhancing the ability of the Federal Government to constrain domestic and international travel by 

terrorists and foreign fighters; and 

(D) describe the actions that will be taken to achieve 

the goals delineated under subparagraph (C) and the 

means needed to carry out such actions, including— 

(i) steps to reform, improve, and streamline existing Federal Government efforts to align with the current threat environment; 


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(ii) new programs, projects, or activities that are 

requested, under development, or undergoing implementation; 

(iii) new authorities or changes in existing authorities needed from Congress; 

(iv) specific budget adjustments being requested to 

enhance United States security in a risk-based manner; 

and 

(v) the Federal departments and agencies responsible for the specific actions described in this subparagraph. 

(4) SUNSET.—The requirement to submit updated national 

strategies under this subsection shall terminate on the date that 

is seven years after the date of the enactment of this Act. 

(c) DEVELOPMENT OF IMPLEMENTATION PLANS.—For each national strategy required under subsection (b), the President shall direct the heads of relevant Federal agencies to develop implementation plans for each such agency. 

(d) IMPLEMENTATION PLANS.— 

(1) IN GENERAL.—The President shall submit to the majority leader of the Senate, the minority leader of the Senate, the 

Speaker of the House of Representatives, the majority leader of 

the House of Representatives, the minority leader of the House 

of Representatives, and the appropriate congressional committees an implementation plan developed under subsection (c) 

with each national strategy required under subsection (b). Consistent with the protection of classified information, each such 

implementation plan shall be submitted in unclassified form, 

but may include a classified annex. 

(2) ANNUAL UPDATES.—The President shall submit to the 

majority leader of the Senate, the minority leader of the Senate, 

the Speaker of the House of Representatives, the majority leader 

of the House of Representatives, the minority leader of the 

House of Representatives, and the appropriate congressional 

committees an annual updated implementation plan during the 

ten-year period beginning on the date of the enactment of this 

Act. 

(e) DEFINITION.—In this section, the term ‘‘appropriate congressional committees’’ means— 

(1) in the House of Representatives— 

(A) the Committee on Homeland Security; 

(B) the Committee on Armed Services; 

(C) the Permanent Select Committee on Intelligence; 

(D) the Committee on the Judiciary; 

(E) the Committee on Foreign Affairs; 

(F) the Committee on Appropriations; and 

(2) in the Senate— 

(A) the Committee on Homeland Security and Governmental Affairs; 

(B) the Committee on Armed Services; 

(C) the Select Committee on Intelligence; 

(D) the Committee on the Judiciary; 

(E) the Committee on Foreign Relations; and 

(F) the Committee on Appropriations. 


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(f) SPECIAL RULE FOR CERTAIN RECEIPT.—The definition under 

subsection (e) shall be treated as including the Committee on Transportation and Infrastructure of the House of Representatives and the 

Committee on Commerce, Science, and Transportation of the Senate 

for purposes of receipt of those portions of— 

(1) the national strategy (including updates thereto), and 

(2) the implementation plan (including updates thereto), 

required under this section that relate to maritime travel into and 

out of the United States. 

SEC. 1909. NATIONAL OPERATIONS CENTER. 

Section 515 of the Homeland Security Act of 2002 (6 U.S.C. 

321d) is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘emergency managers and decision 

makers’’ and inserting ‘‘emergency managers, decision makers, and other appropriate officials’’; and 

(B) by inserting ‘‘and steady-state activity’’ before the 

period at the end; 

(2) in subsection (b)— 

(A) in paragraph (1)— 

(i) by striking ‘‘and tribal governments’’ and inserting ‘‘tribal, and territorial governments, the private sector, and international partners’’; 

(ii) by striking ‘‘in the event of’’ and inserting ‘‘for 

events, threats, and incidents involving’’; and 

(iii) by striking ‘‘and’’ at the end; 

(B) in paragraph (2), by striking the period at the end 

and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(3) enter into agreements with other Federal operations 

centers and other homeland security partners, as appropriate, 

to facilitate the sharing of information.’’; 

(4) in subsection (c)— 

(A) in the subsection heading, by striking ‘‘Fire Service’’ 

and inserting ‘‘Emergency Responder’’; 

(B) by striking paragraph (1) and inserting the following: 

‘‘(1) ESTABLISHMENT OF POSITIONS.—The Secretary shall 

establish a position, on a rotating basis, for a representative of 

State and local emergency responders at the National Operations Center established under subsection (b) to ensure the effective sharing of information between the Federal Government 

and State and local emergency response services.’’; 

(C) by striking paragraph (2); and 

(D) by redesignating paragraph (3) as paragraph (2). 

SEC. 1910. DEPARTMENT OF HOMELAND SECURITY STRATEGY FOR 

INTERNATIONAL PROGRAMS. 

(a) IN GENERAL.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a comprehensive three-year strategy for 

international programs of the Department of Homeland Security in 

which personnel and resources of the Department are deployed 


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abroad for vetting and screening of persons seeking to enter the 

United States. 

(b) CONTENTS.—The strategy required under subsection (a) 

shall include, at a minimum, the following: 

(1) Specific Department of Homeland Security risk-based 

goals for international programs of the Department in which 

personnel and resources of the Department are deployed abroad 

for vetting and screening of persons seeking to enter the United 

States. 

(2) A risk-based method for determining whether to establish new international programs in new locations, given resource constraints, or expand existing international programs of 

the Department, in which personnel and resources of the Department are deployed abroad for vetting and screening of persons seeking to enter the United States. 

(3) Alignment with the highest Department-wide and Government-wide strategic priorities of resource allocations on 

international programs of the Department in which personnel 

and resources of the Department are deployed abroad for vetting and screening of persons seeking to enter the United States. 

(4) A common reporting framework for the submission of 

reliable, comparable cost data by components of the Department 

on overseas expenditures attributable to international programs 

of the Department in which personnel and resources of the Department are deployed abroad for vetting and screening of persons seeking to enter the United States. 

(c) CONSIDERATIONS.—In developing the strategy required 

under subsection (a), the Secretary of Homeland Security shall consider, at a minimum, the following: 

(1) Information on existing operations of international programs of the Department of Homeland Security in which personnel and resources of the Department are deployed abroad for 

vetting and screening of persons seeking to enter the United 

States that includes corresponding information for each location in which each such program operates. 

(2) The number of Department personnel deployed to each 

location at which an international program referred to in subparagraph (A) is in operation during the current and preceding 

fiscal year. 

(3) Analysis of the impact of each international program referred to in paragraph (1) on domestic activities of components 

of the Department of Homeland Security. 

(4) Analysis of barriers to the expansion of an international 

program referred to in paragraph (1). 

(d) FORM.—The strategy required under subsection (a) shall be 

submitted in unclassified form but may contain a classified annex 

if the Secretary of Homeland Security determines that such is appropriate. 

SEC. 1911. STATE AND HIGH-RISK URBAN AREA WORKING GROUPS. 

Subsection (b) of section 2021 of the Homeland Security Act of 

2002 (6 U.S.C. 611) is amended to read as follows: 

‘‘(b) PLANNING COMMITTEES.— 

‘‘(1) IN GENERAL.—Any State or high-risk urban area receiving a grant under section 2003 or 2004 shall establish a 

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sist in preparation and revision of the State, regional, or local 

homeland security plan or the threat and hazard identification 

and risk assessment, as the case may be, and to assist in determining effective funding priorities for grants under such sections. 

‘‘(2) COMPOSITION.— 

‘‘(A) IN GENERAL.—The State planning committees and 

urban area working groups referred to in paragraph (1) 

shall include at least one representative from each of the 

following significant stakeholders: 

‘‘(i) Local or tribal government officials. 

‘‘(ii) Emergency response providers, which shall include representatives of the fire service, law enforcement, emergency medical services, and emergency managers. 

‘‘(iii) Public health officials and other appropriate 

medical practitioners. 

‘‘(iv) Individuals representing educational institutions, including elementary schools, community colleges, and other institutions of higher education. 

‘‘(v) State and regional interoperable communications coordinators, as appropriate. 

‘‘(vi) State and major urban area fusion centers, as 

appropriate. 

‘‘(B) GEOGRAPHIC REPRESENTATION.—The members of 

the State planning committee or urban area working group, 

as the case may be, shall be a representative group of individuals from the counties, cities, towns, and Indian tribes 

within the State or high-risk urban area, including, as appropriate, representatives of rural, high-population, and 

high-threat jurisdictions. 

‘‘(3) EXISTING PLANNING COMMITTEES.—Nothing in this 

subsection may be construed to require that any State or highrisk urban area create a State planning committee or urban 

area working group, as the case may be, if that State or highrisk urban area has established and uses a multijurisdictional 

planning committee or commission that meets the requirements 

of this subsection.’’. 

SEC. 1912. CYBERSECURITY STRATEGY FOR THE DEPARTMENT OF 

HOMELAND SECURITY. 

(a) IN GENERAL.—Subtitle C of title II of the Homeland Security Act of 2002 (6 U.S.C. 141 et seq.) is amended by inserting after 

section 228 the following new section: 

‘‘SEC. 228A. CYBERSECURITY STRATEGY. 

‘‘(a) IN GENERAL.—Not later than 90 days after the date of the 

enactment of this section, the Secretary shall develop a departmental strategy to carry out cybersecurity responsibilities as set 

forth in law. 

‘‘(b) CONTENTS.—The strategy required under subsection (a) 

shall include the following: 

‘‘(1) Strategic and operational goals and priorities to successfully execute the full range of the Secretary’s cybersecurity 

responsibilities. 


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‘‘(2) Information on the programs, policies, and activities 

that are required to successfully execute the full range of the 

Secretary’s cybersecurity responsibilities, including programs, 

policies, and activities in furtherance of the following: 

‘‘(A) Cybersecurity functions set forth in the section 227 

(relating to the national cybersecurity and communications 

integration center). 

‘‘(B) Cybersecurity investigations capabilities. 

‘‘(C) Cybersecurity research and development. 

‘‘(D) Engagement with international cybersecurity partners. 

‘‘(c) CONSIDERATIONS.—In developing the strategy required 

under subsection (a), the Secretary shall— 

‘‘(1) consider— 

‘‘(A) the cybersecurity strategy for the Homeland Security Enterprise published by the Secretary in November 

2011; 

‘‘(B) the Department of Homeland Security Fiscal Years 

2014–2018 Strategic Plan; and 

‘‘(C) the most recent Quadrennial Homeland Security 

Review issued pursuant to section 707; and 

‘‘(2) include information on the roles and responsibilities of 

components and offices of the Department, to the extent practicable, to carry out such strategy. 

‘‘(d) IMPLEMENTATION PLAN.—Not later than 90 days after the 

development of the strategy required under subsection (a), the Secretary shall issue an implementation plan for the strategy that includes the following: 

‘‘(1) Strategic objectives and corresponding tasks. 

‘‘(2) Projected timelines and costs for such tasks. 

‘‘(3) Metrics to evaluate performance of such tasks. 

‘‘(e) CONGRESSIONAL OVERSIGHT.—The Secretary shall submit 

to Congress for assessment the following: 

‘‘(1) A copy of the strategy required under subsection (a) 

upon issuance. 

‘‘(2) A copy of the implementation plan required under subsection (d) upon issuance, together with detailed information on 

any associated legislative or budgetary proposals. 

‘‘(f) CLASSIFIED INFORMATION.—The strategy required under 

subsection (a) shall be in an unclassified form but may contain a 

classified annex. 

‘‘(g) RULE OF CONSTRUCTION.—Nothing in this section may be 

construed as permitting the Department to engage in monitoring, 

surveillance, exfiltration, or other collection activities for the purpose of tracking an individual’s personally identifiable information. 

‘‘(h) DEFINITION.—In this section, the term ‘Homeland Security 

Enterprise’ means relevant governmental and nongovernmental entities involved in homeland security, including Federal, State, local, 

and tribal government officials, private sector representatives, academics, and other policy experts.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 

1(b) of the Homeland Security Act of 2002 is amended by inserting 

after the item relating to section 228 the following new item: 

‘‘Sec. 228A. Cybersecurity strategy.’’. 


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SEC. 1913. EMP AND GMD PLANNING, RESEARCH AND DEVELOPMENT, 

AND PROTECTION AND PREPAREDNESS. 

(a) IN GENERAL.—The Homeland Security Act of 2002 (6 U.S.C. 

101 et seq.) is amended— 

(1) in section 2 (6 U.S.C. 101)— 

(A) by redesignating paragraphs (9) through (18) as 

paragraphs (11) through (20), respectively; 

(B) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; 

(C) by inserting after paragraph (6) the following new 

paragraph: 

‘‘(7) The term ‘EMP’ means an electromagnetic pulse caused 

by a nuclear device or nonnuclear device, including such a 

pulse caused by an act of terrorism.’’; and 

(D) by inserting after paragraph (9), as so redesignated, the following new paragraph: 

‘‘(10) The term ‘GMD’ means a geomagnetic disturbance 

caused by a solar storm or another naturally occurring phenomenon.’’; 

(2) in subsection (d) of section 201 (6 U.S.C. 121), by adding at the end the following new paragraph: 

‘‘(26)(A) Not later than six months after the date of the enactment of this paragraph, to conduct an intelligence-based review and comparison of the risks and consequences of EMP and 

GMD facing critical infrastructure, and submit to the Committee on Homeland Security and the Permanent Select Committee on Intelligence of the House of Representatives and the 

Committee on Homeland Security and Governmental Affairs 

and the Select Committee on Intelligence of the Senate— 

‘‘(i) a recommended strategy to protect and prepare 

the critical infrastructure of the homeland against 

threats of EMP and GMD; and 

‘‘(ii) not less frequently than every two years thereafter for the next six years, updates of the recommended strategy. 

‘‘(B) The recommended strategy under subparagraph 

(A) shall— 

‘‘(i) be based on findings of the research and development conducted under section 319; 

‘‘(ii) be developed in consultation with the relevant 

Federal sector-specific agencies (as defined under Presidential Policy Directive-21) for critical infrastructure; 

‘‘(iii) be developed in consultation with the relevant 

sector coordinating councils for critical infrastructure; 

‘‘(iv) be informed, to the extent practicable, by the 

findings of the intelligence-based review and comparison of the risks and consequences of EMP and GMD 

facing critical infrastructure conducted under subparagraph (A); and 

‘‘(v) be submitted in unclassified form, but may include a classified annex. 

‘‘(C) The Secretary may, if appropriate, incorporate the 

recommended strategy into a broader recommendation developed by the Department to help protect and prepare critical infrastructure from terrorism, cyber attacks, and other 


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threats if, as incorporated, the recommended strategy complies with subparagraph (B).’’; 

(3) in title III (6 U.S.C. 181 et seq.), by adding at the end 

the following new section: 

‘‘SEC. 319. EMP AND GMD MITIGATION RESEARCH AND DEVELOPMENT. 

‘‘(a) IN GENERAL.—In furtherance of domestic preparedness and 

response, the Secretary, acting through the Under Secretary for 

Science and Technology, and in consultation with other relevant executive agencies, relevant State, local, and tribal governments, and 

relevant owners and operators of critical infrastructure, shall, to the 

extent practicable, conduct research and development to mitigate the 

consequences of threats of EMP and GMD. 

‘‘(b) SCOPE.—The scope of the research and development under 

subsection (a) shall include the following: 

‘‘(1) An objective scientific analysis— 

‘‘(A) evaluating the risks to critical infrastructure from 

a range of threats of EMP and GMD; and 

‘‘(B) which shall— 

‘‘(i) be conducted in conjunction with the Office of 

Intelligence and Analysis; and 

‘‘(ii) include a review and comparison of the range 

of threats and hazards facing critical infrastructure of 

the electrical grid. 

‘‘(2) Determination of the critical utilities and national security assets and infrastructure that are at risk from threats of 

EMP and GMD. 

‘‘(3) An evaluation of emergency planning and response 

technologies that would address the findings and recommendations of experts, including those of the Commission to Assess the 

Threat to the United States from Electromagnetic Pulse Attack, 

which shall include a review of the feasibility of rapidly isolating one or more portions of the electrical grid from the main 

electrical grid. 

‘‘(4) An analysis of technology options that are available to 

improve the resiliency of critical infrastructure to threats of 

EMP and GMD, including an analysis of neutral current blocking devices that may protect high-voltage transmission lines. 

‘‘(5) The restoration and recovery capabilities of critical infrastructure under differing levels of damage and disruption 

from various threats of EMP and GMD, as informed by the objective scientific analysis conducted under paragraph (1). 

‘‘(6) An analysis of the feasibility of a real-time alert system 

to inform electrical grid operators and other stakeholders within milliseconds of a high-altitude nuclear explosion. 

‘‘(c) EXEMPTION FROM DISCLOSURE.— 

‘‘(1) INFORMATION SHARED WITH THE FEDERAL GOVERNMENT.—Section 214, and any regulations issued pursuant to 

such section, shall apply to any information shared with the 

Federal Government under this section. 

‘‘(2) INFORMATION SHARED BY THE FEDERAL GOVERNMENT.— 

Information shared by the Federal Government with a State, 

local, or tribal government under this section shall be exempt 

from disclosure under any provision of State, local, or tribal 

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ings law, open records law, sunshine law, or similar law requiring the disclosure of information or records.’’; and 

(4) in title V (6 U.S.C. 311 et seq.), by adding at the end 

the following new section: 

‘‘SEC. 527. NATIONAL PLANNING AND EDUCATION. 

‘‘The Secretary shall, to the extent practicable— 

‘‘(1) include in national planning frameworks the threat of 

an EMP or GMD event; and 

‘‘(2) conduct outreach to educate owners and operators of 

critical infrastructure, emergency planners, and emergency response providers at all levels of government regarding threats 

of EMP and GMD.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENTS.— (1) The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended— 

(A) by inserting after the item relating to section 317 

the following new item: 

‘‘Sec. 319. EMP and GMD mitigation research and development.’’; and 

(B) by inserting after the item relating to section 525 

the following: 

‘‘Sec. 526. Integrated Public Alert and Warning System modernization. 

‘‘Sec. 527. National planning and education.’’. 

(2) Section 501(13) of the Homeland Security Act of 2002 

(6 U.S.C. 311(13)) is amended by striking ‘‘section 2(11)(B)’’ and 

inserting ‘‘section 2(13)(B)’’. 

(3) Section 712(a) of title 14, United States Code, is amended by striking ‘‘section 2(16) of the Homeland Security Act of 

2002 (6 U.S.C. 101(16))’’ and inserting ‘‘section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101)’’. 

(c) DEADLINE FOR INITIAL RECOMMENDED STRATEGY.—Not later 

than one year after the date of the enactment of this section, the Secretary of Homeland Security shall submit the recommended strategy 

required under paragraph (26) of section 201(d) of the Homeland 

Security Act of 2002 (6 U.S.C. 121(d)), as added by this section. 

(d) REPORT.—Not later than 180 days after the date of the enactment of this section, the Secretary of Homeland Security shall 

submit to Congress a report describing the progress made in, and 

an estimated date by which the Department of Homeland Security 

will have completed— 

(1) including threats of EMP and GMD (as those terms are 

defined in section 2 of the Homeland Security Act of 2002, as 

amended by this section) in national planning, as described in 

section 527 of the Homeland Security Act of 2002, as added by 

this section; 

(2) research and development described in section 319 of 

the Homeland Security Act of 2002, as added by this section; 

(3) development of the recommended strategy required 

under paragraph (26) of section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)), as added by this section; and 

(4) beginning to conduct outreach to educate emergency 

planners and emergency response providers at all levels of government regarding threats of EMP and GMD events. 

(e) NO REGULATORY AUTHORITY.—Nothing in this section, including the amendments made by this section, shall be construed to 

grant any regulatory authority. 


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(f) NO NEW AUTHORIZATION OF APPROPRIATIONS.—This section, 

including the amendments made by this section, may be carried out 

only by using funds appropriated under the authority of other laws. 

DIVISION B—MILITARY CONSTRUCTION 

AUTHORIZATIONS 

SEC. 2001. SHORT TITLE. 

This division may be cited as the ‘‘Military Construction Authorization Act for Fiscal Year 2017’’. 

SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE SPECIFIED BY LAW. 

(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS.—Except as provided in subsection (b), all authorizations contained in 

titles XXI through XXVII and title XXIX for military construction 

projects, land acquisition, family housing projects and facilities, 

and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations 

therefor) shall expire on the later of— 

(1) October 1, 2019; or 

(2) the date of the enactment of an Act authorizing funds 

for military construction for fiscal year 2020. 

(b) EXCEPTION.—Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family 

housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated 

funds have been obligated before the later of— 

(1) October 1, 2019; or 

(2) the date of the enactment of an Act authorizing funds 

for fiscal year 2020 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program. 

SEC. 2003. EFFECTIVE DATE. 

Titles XXI through XXVII and title XXIX shall take effect on 

the later of— 

(1) October 1, 2016; or 

(2) the date of the enactment of this Act. 

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. 

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2103(a) 

and available for military construction projects inside the United 

States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military 

construction projects for the installations or locations inside the 

United States, and in the amounts, set forth in the following table: 


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ARMY: INSIDE THE UNITED STATES

State Installation Amount 

Alaska ..................... Fort Wainwright ....................................... $47,000,000 

California ................ Concord ..................................................... $12,600,000 

Colorado .................. Fort Carson ............................................... $13,100,000 

Georgia .................... Fort Gordon .............................................. $100,600,000 

Fort Stewart .............................................. $14,800,000 

Missouri .................. Fort Leonard Wood .................................. $6,900,000 

Texas ....................... Fort Hood .................................................. $7,600,000 

Utah ........................ Camp Williams ......................................... $7,400,000 

Virginia ................... Fort Belvoir ............................................... $23,000,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2103(a) and available for military construction projects outside the 

United States as specified in the funding table in section 4601, the 

Secretary of the Army may acquire real property and carry out the 

military construction project for the installations or locations outside the United States, and in the amount, set forth in the following 

table: 

ARMY: OUTSIDE THE UNITED STATES

Country Installation Amount 

Cuba ........................ Guantanamo Bay ...................................... $33,000,000 

Germany ................... East Camp Grafenwoehr .......................... $22,000,000 

Garmisch ................................................... $9,600,000 

Wiesbaden Army Airfield .......................... $19,200,000 

SEC. 2102. FAMILY HOUSING. 

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army 

may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, 

in the number of units, and in the amounts set forth in the following table: 

ARMY: FAMILY HOUSING

State/Country Installation Units Amount 

Korea ............................... Camp Humphreys ........ Family Housing New 

Construction .............. $297,000,000 

Camp Walker ................ Family Housing New 

Construction .............. $54,554,000 

(b) PLANNING AND DESIGN.—Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and 

available for military family housing functions as specified in the 

funding table in section 4601, the Secretary of the Army may carry 

out architectural and engineering services and construction design 

activities with respect to the construction or improvement of family 

housing units in an amount not to exceed $2,618,000. 


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SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2016, for military construction, land acquisition, and 

military family housing functions of the Department of the Army as 

specified in the funding table in section 4601. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 

Notwithstanding the cost variations authorized by section 2853 of 

title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2101 of this Act may not exceed the total amount authorized to be 

appropriated under subsection (a), as specified in the funding table 

in section 4601. 

SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2014 PROJECT. 

In the case of the authorization contained in the table in section 

2101(a) of the Military Construction Authorization Act for Fiscal 

Year 2014 (division B of Public Law 113–66; 127 Stat. 986) for 

Joint Base Lewis-McChord, Washington, for construction of an aircraft maintenance hangar at the installation, the Secretary of the 

Army may construct an aircraft washing apron. 

SEC. 2105. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2013 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2013 (division B of 

Public Law 112-239; 126 Stat. 2118), the authorizations set forth in 

the table in subsection (b), as provided in section 2101 of that Act 

(126 Stat. 2119) and extended by section 2107 of the Military Construction Authorization Act for Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1148), shall remain in effect until October 

1, 2017, or the date of the enactment of an Act authorizing funds 

for military construction for fiscal year 2018, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

ARMY: EXTENSION OF 2013 PROJECT AUTHORIZATIONS

State/Country Installation or Location Project Amount 

Kansas ............................ Fort Riley ..................... Unmanned Aerial Vehicle Complex ........... $12,200,000 

Virginia .......................... Fort Belvoir .................. Secure Admin/Operations Facility .......... $172,200,000 

Italy ................................ Camp Ederle ................ Barracks ....................... $36,000,000 

Japan .............................. Sagami ......................... Vehicle Maintenance 

Shop .......................... $18,000,000 

SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2014 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2014 (division B of 

Public Law 113–66; 127 Stat. 985), the authorizations set forth in 

the table in subsection (b), as provided in section 2101 of that Act 

(127 Stat. 986) shall remain in effect until October 1, 2017, or the 

date of the enactment of an Act authorizing funds for military construction for fiscal year 2018, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 


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ARMY: EXTENSION OF 2014 PROJECT AUTHORIZATIONS

State or 

Country 

Installation 

or Location Project Amount 

Maryland ...... Fort Detrick ...... Entry Control Point ..................... $2,500,000 

Marshall Islands ......... Kwajalein Atoll Pier ............................................... $63,000,000 

Japan ........... Kyotango City ... Company Operations Complex .... $33,000,000 

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. 

Sec. 2208. Status of ‘‘net negative’’ policy regarding Navy acreage on Guam. 

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2204(a) 

and available for military construction projects inside the United 

States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military 

construction projects for the installations or locations inside the 

United States, and in the amounts, set forth in the following table: 

NAVY: INSIDE THE UNITED STATES

State Installation or Location Amount 

Arizona ............................. Yuma ........................................................................ $48,355,000 

California ......................... Coronado .................................................................. $104,501,000 

Lemoore .................................................................... $26,723,000 

Miramar ................................................................... $193,600,000 

Seal Beach ............................................................... $21,007,000 

Florida .............................. Eglin Air Force Base ............................................... $20,489,000 

Guam ................................ Joint Region Marianas ........................................... $89,185,000 

Hawaii .............................. Barking Sands ......................................................... $43,384,000 

Kaneohe Bay ............................................................ $72,565,000 

Maine ................................ Kittery ...................................................................... $47,892,000 

Maryland .......................... Patuxent River ......................................................... $40,576,000 

Nevada ............................. Fallon ....................................................................... $13,523,000 

North Carolina ................ Camp Lejeune .......................................................... $18,482,000 

Cherry Point Marine Corps Air Station ................ $12,515,000 

South Carolina ................ Beaufort ................................................................... $83,490,000 

Parris Island ........................................................... $29,882,000 

Virginia ............................ Norfolk ..................................................................... $27,000,000 

Washington ...................... Bangor ...................................................................... $113,415,000 

Bremerton ................................................................ $6,704,000 

Whidbey Island ........................................................ $75,976,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2204(a) and available for military construction projects outside the 

United States as specified in the funding table in section 4601, the 

Secretary of the Navy may acquire real property and carry out military construction projects for the installation or location outside the 

United States, and in the amounts, set forth in the following table: 


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NAVY: OUTSIDE THE UNITED STATES

Country Installation or Location Amount 

Japan ................................ Kadena Air Base ..................................................... $26,489,000 

Sasebo ...................................................................... $16,420,000 

Spain ................................ Rota .......................................................................... $23,607,000 

Worldwide Unspecified .... Unspecified Worldwide Locations .......................... $41,380,000 

SEC. 2202. FAMILY HOUSING. 

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2204(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy 

may construct or acquire family housing units (including land acquisition and supporting facilities) at the installation or location, in 

the number of units, and in the amount set forth in the following 

table: 

NAVY: FAMILY HOUSING

State Installation or Location Units Amount 

Mariana Islands .............. Guam ............................................... Replace Andersen 

Housing PH 1 $78,815,000 

(b) PLANNING AND DESIGN.—Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and 

available for military family housing functions as specified in the 

funding table in section 4601, the Secretary of the Navy may carry 

out architectural and engineering services and construction design 

activities with respect to the construction or improvement of family 

housing units in an amount not to exceed $4,149,000. 

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and 

using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military family housing functions as specified in the funding table in section 4601, the 

Secretary of the Navy may improve existing military family housing 

units in an amount not to exceed $11,047,000. 

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2016, for military construction, land acquisition, and 

military family housing functions of the Department of the Navy, as 

specified in the funding table in section 4601. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 

Notwithstanding the cost variations authorized by section 2853 of 

title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2201 of this Act may not exceed the total amount authorized to be 

appropriated under subsection (a), as specified in the funding table 

in section 4601. 


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SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2014 PROJECT. 

In the case of the authorization contained in the table in section 

2201 of the Military Construction Authorization Act for Fiscal Year 

2014 (division B of Public Law 113–66; 127 Stat. 989) for Pearl 

City, Hawaii, for construction of a water transmission line at that 

location, the Secretary of the Navy may construct a 591-meter 

(1,940-foot) long 16-inch diameter water transmission line as part 

of the network required to provide the main water supply to Joint 

Base Pearl Harbor-Hickam, Hawaii. 

SEC. 2206. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2013 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2013 (division B of 

Public Law 112–239; 126 Stat. 2118), the authorizations set forth 

in the table in subsection (b), as provided in section 2201 of that Act 

(126 Stat. 2122) and extended by section 2206 of the Military Construction Authorization Act for Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1151), shall remain in effect until October 

1, 2017, or the date of the enactment of an Act authorizing funds 

for military construction for fiscal year 2018, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

NAVY: EXTENSION OF 2013 PROJECT AUTHORIZATIONS

State/Country Installation or Location Project Amount 

California ........................ Camp Pendleton ........... Comm. Information 

Systems Ops Complex $78,897,000 

Greece .............................. Souda Bay ..................... Intermodal Access Road $4,630,000 

South Carolina ............... Beaufort ......................... Recycling/Hazardous 

Waste Facility ........... $3,743,000 

Worldwide Unspecified .. Various Worldwide Locations ........................ BAMS Operational Facilities ........................ $34,048,000 

SEC. 2207. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2014 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2014 (division B of 

Public Law 113–66; 127 Stat. 985), the authorizations set forth in 

the table in subsection (b), as provided in section 2201 of that Act 

(127 Stat. 989), shall remain in effect until October 1, 2017, or the 

date of the enactment of an Act authorizing funds for military construction for fiscal year 2018, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

NAVY: EXTENSION OF 2014 PROJECT AUTHORIZATIONS

State/Country Installation or 

Location Project Amount 

Hawaii ........................ Kaneohe ....................... Aircraft Maintenance 

Hangar Upgrades .... $31,820,000 

Pearl City .................... Water Transmission 

Line .......................... $30,100,000 

Illinois .......................... Great Lakes ................. Unaccompanied Housing ............................ $35,851,000 


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NAVY: EXTENSION OF 2014 PROJECT AUTHORIZATIONS—Continued 

State/Country Installation or 

Location Project Amount 

Maine ........................... Bangor ......................... NCTAMS VLF Commercial Power Connection ...................... $13,800,000 

Nevada ......................... Fallon ........................... Wastewater Treatment 

Plant ......................... $11,334,000 

Virginia ........................ Quantico ...................... Academic Instruction 

Facility TECOM 

Schools ..................... $25,731,000 

Quantico ...................... Fuller Road Improvements ........................ $9,013,000 

SEC. 2208. STATUS OF ‘‘NET NEGATIVE’’ POLICY REGARDING NAVY 

ACREAGE ON GUAM. 

(a) REPORT ON STATUS.— 

(1) REPORT.—Not later than 6 months after the date of the 

enactment of this Act, the Secretary of the Navy shall submit 

a report to the congressional defense committees regarding the 

status of the implementation of the ‘‘net negative’’ policy regarding the total number of acres of the real property controlled by 

the Department of the Navy on Guam, as described in subsection (b). 

(2) CONTENTS.—The report required under paragraph (1) 

shall include the following information: 

(A) A description of the real property controlled by the 

Navy on Guam which the Navy has transferred to the control of Guam after January 20, 2011, or which the Navy 

plans to transfer to the control of Guam, as well as a description of the specific legal authority under which the 

Navy has transferred or will transfer each such property. 

(B) The methodology and process the Navy will use to 

determine the total number of acres of real property that 

the Navy will transfer or has transferred to the control of 

Guam as part of the ‘‘net negative’’ policy, and the date on 

which the Navy will transfer or has transferred control of 

any such property. 

(C) A description of the real property controlled by the 

Navy on Guam which the Navy plans to retain under its 

control and the reasons for retaining such property, including a detailed explanation of the reasons for retaining any 

such property which has not been developed or for which no 

development has been proposed under the current installation master plans for major military installations (as described in section 2864 of title 10, United States Code). 

(3) EXCLUSION OF CERTAIN PROPERTY.—In preparing and 

submitting the report under this subsection, the Secretary may 

not take into account any real property which has been transferred to the Government of Guam prior to January 20, 2011, 

to include property under the Guam Excess Lands Act (Public 

Law 103–339) or the Guam Land Use Plan (GLUP) 1977, or 

pursuant to base realignment and closure authorized under the 

Defense Base Closure and Realignment Act of 1990 (part A of 

title XXIX of Public Law 101–510; 10 U.S.C. 2687 note). 


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(b) POLICY DESCRIBED.—The ‘‘net negative’’ policy described in 

this section is the policy of the Secretary of the Navy, as expressed 

in the statement released by Under Secretary of the Navy on January 20, 2011, that the relocation of Marines to Guam occurring during 2011 will not cause the total number of acres of real property 

controlled by the Navy on Guam upon the completion of such relocation to exceed the total number of acres of real property controlled 

by the Navy on Guam prior to such relocation. 

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 authorization of certain fiscal year 2013 project. 

Sec. 2307. Extension of authorization of certain fiscal year 2014 project. 

Sec. 2308. Restriction on acquisition of property in Northern Mariana Islands. 

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2304(a) 

and available for military construction projects inside the United 

States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out 

military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: 

AIR FORCE: INSIDE THE UNITED STATES

State Installation or Location Amount 

Alabama .......................................... Maxwell Air Force Base ..................... $15,000,000 

Alaska .............................................. Clear Air Force Station ...................... $20,000,000 

Eielson Air Force Base ....................... $295,600,000 

Joint Base Elmendorf-Richardson .... $29,000,000 

Arizona ............................................ Luke Air Force Base ........................... $20,000,000 

California ........................................ Edwards Air Force Base .................... $24,000,000 

Colorado .......................................... Buckley Air Force Base ...................... $13,500,000 

Delaware ........................................ Dover Air Force Base ......................... $39,000,000 

Florida ............................................. Eglin Air Force Base .......................... $123,600,000 

Patrick Air Force Base ....................... $13,500,000 

Georgia ............................................ Moody Air Force Base ........................ $30,900,000 

Guam ............................................... Joint Region Marianas ...................... $80,658,000 

Illinois ............................................. Scott Air Force Base ........................... $41,000,000 

Kansas ............................................. McConnell Air Force Base ................. $19,800,000 

Louisiana ........................................ Barksdale Air Force Base .................. $21,000,000 

Maryland ......................................... Joint Base Andrews ........................... $66,500,000 

Massachusetts ................................. Hanscom Air Force Base .................... $30,965,000 

Montana .......................................... Malmstrom Air Force Base ................ $14,600,000 

Nevada ............................................ Nellis Air Force Base ......................... $10,600,000 

New Mexico ..................................... Cannon Air Force Base ...................... $21,000,000 

Holloman Air Force Base ................... $10,600,000 

Kirtland Air Force Base ..................... $7,300,000 

Ohio ................................................. Wright-Patterson Air Force Base ...... $12,600,000 

Oklahoma ........................................ Altus Air Force Base .......................... $11,600,000 

Tinker Air Force Base ........................ $43,000,000 

South Carolina ............................... Joint Base Charleston ........................ $17,000,000 

Texas ................................................ Joint Base San Antonio ..................... $67,300,000 

Utah ................................................. Hill Air Force Base ............................ $44,500,000 

Virginia ........................................... Joint Base Langley-Eustis ................. $59,200,000 

Washington ..................................... Fairchild Air Force Base ................... $27,000,000 

Wyoming .......................................... F.E. Warren Air Force Base .............. $5,550,000 


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(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2304(a) and available for military construction projects outside the 

United States as specified in the funding table in section 4601, the 

Secretary of the Air Force may acquire real property and carry out 

military construction projects for the installation or location outside 

the United States, and in the amount, set forth in the following 

table: 

AIR FORCE: OUTSIDE THE UNITED STATES

Country Installation or Location Amount 

Australia ..................................... Darwin ..................................................... $30,400,000 

Germany ..................................... Ramstein Air Base .................................. $13,437,000 

Spangdahlem Air Base ........................... $43,465,000 

Japan .......................................... Kadena Air Base ..................................... $19,815,000 

Yokota Air Base ...................................... $32,020,000 

Mariana Islands ........................ Unspecified Location .............................. $9,000,000 

Turkey ......................................... Incirlik Air Base ..................................... $13,449,000 

United Arab Emirates ............... Al Dhafra ................................................. $35,400,000 

United Kingdom ......................... Royal Air Force Croughton .................... $69,582,00 

SEC. 2302. FAMILY HOUSING. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2304(a) and available for military family 

housing functions as specified in the funding table in section 4601, 

the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to 

the construction or improvement of family housing units in an 

amount not to exceed $4,368,000. 

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and 

using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military family housing functions as specified in the funding table in section 4601, the 

Secretary of the Air Force may improve existing military family 

housing units in an amount not to exceed $56,984,000. 

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2016, for military construction, land acquisition, and 

military family housing functions of the Department of the Air 

Force, as specified in the funding table in section 4601. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 

Notwithstanding the cost variations authorized by section 2853 of 

title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2301 of this Act may not exceed the total amount authorized to be 

appropriated under subsection (a), as specified in the funding table 

in section 4601. 

SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2016 PROJECT. 

In the case of the authorization contained in the table in section 

2301(a) of the Military Construction Authorization Act for Fiscal 

Year 2016 (division B of Public Law 114–92; 129 Stat. 1153) for 

Malmstrom Air Force Base, Montana, for construction of a Tactical 


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Response Force Alert Facility at the installation, the Secretary of the 

Air Force may construct an emergency power generator system consistent with the Air Force’s construction guidelines. 

SEC. 2306. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 

2013 PROJECT. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2013 (division B of 

Public Law 112–239; 126 Stat. 2118), the authorization set forth in 

the table in subsection (b), as provided in section 2301 of that Act 

(126 Stat. 2126) and extended by section 2309 of the Military Construction Authorization Act for Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1155), shall remain in effect until October 

1, 2017, or the date of the enactment of an Act authorizing funds 

for military construction for fiscal year 2018, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

AIR FORCE: EXTENSION OF 2013 PROJECT AUTHORIZATION

State/Country Installation or Location Project Amount 

Portugal .......................... Lajes Field .................... Sanitary Sewer Lift/ 

Pump Station ............ $2,000,000 

SEC. 2307. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 

2014 PROJECT. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2014 (division B of 

Public Law 113–66; 127 Stat. 985), the authorization set forth in 

the table in subsection (b), as provided in section 2301 of that Act 

(127 Stat. 992), shall remain in effect until October 1, 2017, or the 

date of the enactment of an Act authorizing funds for military construction for fiscal year 2018, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

AIR FORCE: EXTENSION OF 2014 PROJECT AUTHORIZATIONS

Country Installation or Location Project Amount 

Worldwide Unspecified 

(Italy) ........................... Aviano Air Base ............ Guardian Angel Operations Facility ........... $22,047,000 

SEC. 2308. RESTRICTION ON ACQUISITION OF PROPERTY IN NORTHERN MARIANA ISLANDS. 

The Secretary of the Air Force may not use any of the amounts 

authorized to be appropriated under section 2304 to acquire property or interests in property at an unspecified location in the Commonwealth of the Northern Mariana Islands, as specified in the 

funding table set forth in section 2301(b) and the funding table in 

section 4601, until the congressional defense committees have received from the Secretary a report providing the following information: 

(1) The specific location of the property or interest in property to be acquired. 

(2) The total cost, scope, and location of the military construction projects and the acquisition of property or interests in 


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property required to support the Secretary’s proposed divert activities and exercises in the Commonwealth of the Northern 

Mariana Islands. 

(3) An analysis of any alternative locations that the Secretary considered acquiring, including other locations or interests within the Commonwealth of the Northern Mariana Islands or the Freely Associated States. For purposes of this paragraph, the term ‘‘Freely Associated States’’ means the Republic 

of the Marshall Islands, the Federated States of Micronesia, 

and the Republic of Palau. 

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. 

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2403(a) 

and available for military construction projects inside the United 

States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military 

construction projects for the installations or locations inside the 

United States, and in the amounts, set forth in the following table: 

DEFENSE AGENCIES: INSIDE THE UNITED STATES

State Installation or Location Amount 

Alaska ................................ Clear Air Force Station ............... $155,000,000 

Fort Greely .................................... $9,560,000 

Joint Base Elmendorf-Richardson ............................................. $4,900,000 

Arizona .............................. Fort Huachuca ............................. $4,493,000 

California .......................... Coronado ....................................... $175,412,000 

Travis Air Force Base .................. $26,500,000 

Delaware ........................... Dover Air Force Base ................... $44,115,000 

Florida ............................... Patrick Air Force Base ................. $10,100,000 

Georgia .............................. Fort Benning ................................ $4,820,000 

Fort Gordon .................................. $25,000,000 

Maine ................................. Portsmouth ................................... $27,100,000 

Maryland ........................... Bethesda Naval Hospital ............. $510,000,000 

Fort Meade .................................... $38,000,000 

Missouri ............................ St. Louis ........................................ $801,000 

North Carolina ................. Camp Lejeune ............................... $31,000,000 

Fort Bragg .................................... $86,593,000 

South Carolina ................. Joint Base Charleston .................. $17,000,000 

Texas .................................. Red River Army Depot ................. $44,700,000 

Sheppard Air Force Base ............. $91,910,000 

Virginia ............................. Pentagon ....................................... $20,216,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2403(a) and available for military construction projects outside the 


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United States as specified in the funding table in section 4601, the 

Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside 

the United States, and in the amounts, set forth in the following 

table: 

DEFENSE AGENCIES: OUTSIDE THE UNITED STATES

Country Installation or Location Amount 

Diego Garcia .......... Diego Garcia ............................................ $30,000,000 

Germany ................. Kaiserslautern ......................................... $45,221,000 

Japan ...................... Ikakuni .................................................... $6,664,000 

Kadena Air Base ..................................... $161,224,000 

Yokota Air Base ...................................... $113,731,000 

Kwajalein ............... Kwajalein Atoll ....................................... $85,500,000 

United Kingdom .... Royal Air Force Croughton .................... $71,424,000 

Royal Air Force Lakenheath .................. $13,500,000 

Wake Island ........... Wake Island ............................................. $11,670,000 

SEC. 2402. AUTHORIZED ENERGY CONSERVATION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2403(a) 

and available for energy conservation projects as specified in the 

funding table in section 4601, the Secretary of Defense may carry 

out energy conservation projects under chapter 173 of title 10, 

United States Code, in the amount set forth in the following table: 

ENERGY CONSERVATION PROJECTS: INSIDE THE UNITED STATES

State Installation or Location Amount 

California ............... Edwards Air Force Base ......................... $8,400,000 

Naval Base San Diego ............................ $4,230,000 

Fort Hunter Liggett ................................. $5,400,000 

Colorado ................. Fort Carson ............................................. $5,000,000 

Schriever Air Force Base ........................ $3,295,000 

Florida .................... SUBASE Kings Bay NAS Jacksonville $3,230,000 

Guam ...................... NAVBASE Guam .................................... $8,540,000 

Hawaii .................... NSAH Wahiawa Kunia Oahu ................ $14,890,000 

Ohio ........................ Wright Patterson Air Force Base ........... $14,400,000 

Utah ........................ Dugway Proving Ground ........................ $7,500,000 

Tooele Army Depot .................................. $8,200,000 

Various Locations .. Various Locations ................................... $28,088,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2403(a) and available for energy conservation projects outside the 

United States as specified in the funding table in section 4601, the 

Secretary of Defense may carry out energy conservation projects 

under chapter 173 of title 10, United States Code, for the installations or locations outside the United States, and in the amounts, set 

forth in the following table: 


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ENERGY CONSERVATION PROJECTS: OUTSIDE THE UNITED STATES

Country Installation or Location Amount 

Cuba ....................... Guantanamo Bay .................................... $6,080,000 

Diego Garcia .......... NSF Diego Garcia ................................... $17,010,000 

Japan ...................... Kadena Air Base ..................................... $4,007,000 

Misawa Air Base ..................................... $5,315,000 

Spain ...................... Rota .......................................................... $3,710,000 

Various Locations .. Various Locations ................................... $2,705,000 

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2016, for military construction, land acquisition, and 

military family housing functions of the Department of Defense 

(other than the military departments), as specified in the funding 

table in section 4601. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 

Notwithstanding the cost variations authorized by section 2853 of 

title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2401 of this Act may not exceed the total amount authorized to be 

appropriated under subsection (a), as specified in the funding table 

in section 4601. 

SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2014 PROJECT. 

In the case of the authorization in the table in section 2401(b) 

of the Military Construction Authorization Act for Fiscal Year 2014 

(division B of Public Law 113–66; 127 Stat. 996), for Royal Air 

Force Lakenheath, United Kingdom, for construction of a high 

school, the Secretary of Defense may construct a combined middle/ 

high school. 

SEC. 2405. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2013 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2013 (division B of 

Public Law 112–239; 126 Stat. 2118), the authorizations set forth 

in the table in subsection (b), as provided in section 2401 of that Act 

(126 Stat. 2127) and amended by section 2406(a) of the Military 

Construction Authorization Act for Fiscal Year 2016 (division B of 

Public Law 114–92; 129 Stat. 1160), shall remain in effect until October 1, 2017, or the date of the enactment of an Act authorizing 

funds for military construction for fiscal year 2018, whichever is 

later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

DEFENSE AGENCIES: EXTENSION OF 2013 PROJECT AUTHORIZATIONS

State/Country Installation or 

Location Project Amount 

Japan .................... Camp Zama ......................... Renovate Zama High 

School .......................... $13,273,000 

Pennsylvania ........ New Cumberland ................ Replace reservoir ............ $4,300,000 


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SEC. 2406. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2014 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2014 (division B of 

Public Law 113–66; 127 Stat. 985), the authorizations set forth in 

the table in subsection (b), as provided in section 2401 of that Act 

(127 Stat. 995), shall remain in effect until October 1, 2017, or the 

date of the enactment of an Act authorizing funds for military construction for fiscal year 2018, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

DEFENSE AGENCIES: EXTENSION OF 2014 PROJECT AUTHORIZATIONS

State/Country Installation or 

Location Project Amount 

California ............. Brawley ................................ SOF Desert Warfare 

Training Center .......... $23,095,000 

Germany ............... Kaiserslautern ..................... Replace Kaiserslautern 

Elementary School ..... $49,907,000 

Ramstein Air Base .............. Replace Ramstein High 

School .......................... $98,762,000 

Hawaii .................. Joint Base Pearl HarborHickam ............................. DISA Pacific Facility 

Upgrade ...................... $2,615,000 

Massachusetts ...... Hanscom Air Force Base ..... Replace Hanscom Primary School ................ $36,213,000 

United Kingdom ... RAF Lakenheath ................. Replace Lakenheath 

High School ................ $69,638,000 

Virginia ................. Marine Corps Base 

Quantico ........................... Replace Quantico Middle/High School ......... $40,586,000 

Pentagon .............................. PFPA Support Operations Center .............. $14,800,000 

Pentagon .............................. Raven Rock Administrative Facility Upgrade $32,000,000 

Pentagon .............................. Boundary Channel Access Control Point ...... $6,700,000 

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. 

Subtitle A—North Atlantic Treaty Organization Security 

Investment Program 

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

The Secretary of Defense may make contributions for the North 

Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount 

not to exceed the sum of the amount authorized to be appropriated 

for this purpose in section 2502 and the amount collected from the 

North Atlantic Treaty Organization as a result of construction previously financed by the United States. 


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SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2016, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, 

for the share of the United States of the cost of projects for the North 

Atlantic Treaty Organization Security Investment Program authorized by section 2501 as specified in the funding table in section 

4601. 

Subtitle B—Host Country In-Kind Contributions 

SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS. 

Pursuant to agreement with the Republic of Korea for required 

in-kind contributions, the Secretary of Defense may accept military 

construction projects for the installations or locations, and in the 

amounts, set forth in the following table: 

REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS

Country Component 

Installation or Location 

Project Amount 

Korea ......... Army ........ CP Tango ...... Repair Collective Protection 

System (CPS) ..................... $11,600,000 

Army ........ Camp Humphreys ......... Duplex Company Operations, 

Zoeckler Station ................. $10,200,00 

Army ........ Camp Humphreys ......... Vehicle Maintenance Facility 

& Company Ops Complex 

(3rd CAB) ........................... $49,500,000 

Army ........ Camp Humphreys ......... 8th Army Correctional Facility ........................................ $14,600,000 

Navy ......... Camp Mujuk Marine Air Ground Task 

Force Operations Center .... $68,000,000 

Navy ......... Camp Mujuk Camp Mujuk Life Support 

Area (LSA) Barracks #2 .... $14,100,000 

Navy ......... Camp Mujuk Camp Mujuk Life Support 

Area (LSA) Barracks #3 .... $14,100,000 

Air Force .. Kunsan Air 

Base ............ 3rd Generation Hardened 

Aircraft Shelters (HAS); 

Phases 4, 5, 6 ..................... $132,500,000 

Air Force .. Kunsan Air 

Base ............ Upgrade Electrical Distribution System ........................ $13,000,000 

Air Force .. Osan Air Base Construct Korea Air Operations Center ...................... $160,000,000 

Air Force .. Osan Air Base Air Freight Terminal Facility ........................................ $40,000,000 

Air Force .. Osan Air Base Construct F-16 Quick Turn 

Pad ..................................... $7,500,000 

DefenseWide ...... Camp Carroll Sustainment Facilities Upgrade Phase I – DLA 

Warehouse .......................... $74,600,000 

DefenseWide ...... USAG Humphreys ......... Elementary School ................ $42,000,000 


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REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS—Continued 

Country Component 

Installation or Location 

Project Amount 

DefenseWide ...... Icheon Special 

Warfare 

Command .. Special Operations Command, Korea (SOCKOR) 

Contingency Operations 

Center and Barracks ......... $9,900,000 

DefenseWide ...... K–16 Air Base Special Operations Forces 

(SOF) Operations Facility, 

B-606 .................................. $11,000,000 

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. Modification of authority to carry out certain fiscal year 2016 project. 

Sec. 2614. Extension of authorization of certain fiscal year 2013 project. 

Sec. 2615. Extension of authorizations of certain fiscal year 2014 projects. 

Subtitle A—Project Authorizations and Authorization of 

Appropriations 

SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2606 and available for the National 

Guard and Reserve as specified in the funding table in section 4601, 

the Secretary of the Army may acquire real property and carry out 

military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the 

following table: 

ARMY NATIONAL GUARD

State Location Amount 

Colorado ................. Fort Carson ............................................. $16,500,000 

Hawaii .................... Hilo .......................................................... $31,000,000 

Iowa ........................ Davenport ................................................ $23,000,000 

Kansas .................... Fort Leavenworth .................................... $29,000,000 

New Hampshire ..... Hooksett ................................................... $11,000,000 

Rochester .................................................. $8,900,000 

Oklahoma ............... Ardmore ................................................... $22,000,000 

Pennsylvania .......... Fort Indiantown Gap .............................. $20,000,000 


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ARMY NATIONAL GUARD—Continued 

State Location Amount 

York .......................................................... $9,300,000 

Rhode Island .......... East Greenwich ....................................... $20,000,000 

Utah ........................ Camp Williams ....................................... $37,000,000 

Wyoming ................. Camp Guernsey ....................................... $31,000,000 

Laramie ................................................... $21,000,000 

SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND 

ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2606 and available for the National 

Guard and Reserve as specified in the funding table in section 4601, 

the Secretary of the Army may acquire real property and carry out 

military construction projects for the Army Reserve locations inside 

the United States, and in the amounts, set forth in the following 

table: 

ARMY RESERVE

State Location Amount 

Arizona .................................... Phoenix ............................................................ $30,000,000 

California ................................ Camp Parks .................................................... $19,000,000 

Fort Hunter Liggett ........................................ $21,500,000 

Virginia ................................... Dublin ............................................................. $6,000,000 

Wisconsin ................................ Fort McCoy ...................................................... $11,400,000 

SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE 

CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2606 and available for the National 

Guard and Reserve as specified in the funding table in section 4601, 

the Secretary of the Navy may acquire real property and carry out 

military construction projects for the Navy Reserve and Marine 

Corps Reserve locations inside the United States, and in the 

amounts, set forth in the following table: 

NAVY RESERVE AND MARINE CORPS RESERVE

State Location Amount 

Louisiana ................................ New Orleans ................................................... $11,207,000 

New York ................................ Brooklyn .......................................................... $1,964,000 

Syracuse .......................................................... $13,229,000 

Texas ....................................... Galveston ......................................................... $8,414,000 

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2606 and available for the National 

Guard and Reserve as specified in the funding table in section 4601, 

the Secretary of the Air Force may acquire real property and carry 

out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the 

following table: 


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AIR NATIONAL GUARD

State Location Amount 

Connecticut ............. Bradley IAP ............................................. $6,300,000 

Florida .................... Jacksonville IAP ..................................... $9,000,000 

Hawaii .................... Joint Base Pearl Harbor-Hickam .......... $11,000,000 

Iowa ........................ Sioux Gateway Airport ........................... $12,600,000 

Maryland ................ Joint Base Andrews ................................ $5,000,000 

Minnesota ............... Duluth IAP .............................................. $7,600,000 

New Hampshire ..... Pease International Trade Port ............. $1,500,000 

North Carolina ....... Charlotte/Douglas IAP .......................... $50,600,000 

Ohio ........................ Toledo Express Airport ........................... $6,000,000 

South Carolina ...... McEntire ANGS ...................................... $8,400,000 

Texas ....................... Ellington Field ........................................ $4,500,000 

Vermont .................. Burlington IAP ........................................ $4,500,000 

SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2606 and available for the National 

Guard and Reserve as specified in the funding table in section 4601, 

the Secretary of the Air Force may acquire real property and carry 

out military construction projects for the Air Force Reserve locations 

inside the United States, and in the amounts, set forth in the following table: 

AIR FORCE RESERVE

State Location Amount 

North Carolina ...................... Seymour Johnson Air Force Base .................. $97,950,000 

Pennsylvania .......................... Pittsburgh International Airport ................... $85,000,000 

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD 

AND RESERVE. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2016, for the costs of acquisition, architectural and engineering services, and construction of facilities 

for the Guard and Reserve Forces, and for contributions therefor, 

under chapter 1803 of title 10, United States Code (including the 

cost of acquisition of land for those facilities), as specified in the 

funding table in section 4601. 

Subtitle B—Other Matters 

SEC. 2611. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2014 PROJECT. 

In the case of the authorization contained in the table in section 

2602 of the Military Construction Authorization Act for Fiscal Year 

2014 (division B of Public Law 113–66; 127 Stat. 1001) for 

Bullville, New York, for construction of a new Army Reserve Center 

at that location, the Secretary of the Army may add to or alter the 

existing Army Reserve Center at Bullville, New York. 

SEC. 2612. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2015 PROJECT. 

In the case of the authorization contained in the table in section 

2603 of the Military Construction Authorization Act for Fiscal Year 


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2015 (division B of Public Law 113–291; 128 Stat. 3689) for Pittsburgh, Pennsylvania, for construction of a Reserve Training Center 

at that location, the Secretary of the Navy may acquire approximately 8.5 acres (370,260 square feet) of adjacent land, obtain necessary interest in land, and construct road improvements and associated supporting facilities to provide required access to the Reserve 

Training Center. 

SEC. 2613. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2016 PROJECT. 

In the case of the authorization contained in the table in section 

2602 of the Military Construction Authorization Act for Fiscal Year 

2016 (division B of Public Law 114–92; 129 Stat. 1163) for MacDill 

Air Force Base, Florida, for construction of an Army Reserve Center/Aviation Support Facility at that location, the Secretary of the 

Army may relocate and construct replacement skeet and grenade 

launcher ranges necessary to clear the site for the new Army Reserve 

facilities. 

SEC. 2614. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 

2013 PROJECT. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2013 (division B of 

Public Law 112–239; 126 Stat. 2118), the authorizations set forth 

in the table in subsection (b), as provided in section 2603 of that Act 

(126 Stat. 2135) and extended by section 2614 of the Military Construction Authorization Act for Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1166), shall remain in effect until October 

1, 2017, or the date of the enactment of an Act authorizing funds 

for military construction for fiscal year 2018, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

NATIONAL GUARD AND RESERVE: EXTENSION OF 2013 PROJECT AUTHORIZATION

State Installation or Location Project Amount 

Iowa ................................. Fort Des Moines ............ Joint Reserve Center .... $19,162,000 

SEC. 2615. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2014 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2014 (division B of 

Public Law 113–66; 127 Stat. 985), the authorizations set forth in 

the table in subsection (b), as provided in sections 2602, 2603, 2604, 

and 2605 of that Act (127 Stat. 1001, 1002), shall remain in effect 

until October 1, 2017, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2018, whichever 

is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

NATIONAL GUARD AND RESERVE: EXTENSION OF 2014 PROJECT AUTHORIZATIONS

State Installation or Location Project Amount 

California ........................ Camp Parks .................. Army Reserve Center .... $17,500,000 

March Air Force Base .. NOSC Moreno Valley 

Reserve Training 

Center ........................ $11,086,000 


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NATIONAL GUARD AND RESERVE: EXTENSION OF 2014 PROJECT AUTHORIZATIONS— 

Continued 

State Installation or Location Project Amount 

Florida ............................ Homestead ARB ............ Entry Control Complex $9,800,000 

Maryland ........................ Fort Meade .................... 175th Network Warfare 

Squadron Facility ..... $4,000,000 

Martin State Airport .... Cyber/ISR Facility ....... $8,000,000 

New York ........................ Bullville ......................... Army Reserve Center .... $14,500,000 

TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES 

Sec. 2701. Extension of authorizations of certain fiscal year 2014 projects. 

Sec. 2702. Prohibition on conducting additional Base Realignment and Closure 

(BRAC) round. 

SEC. 2701. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2014 PROJECTS. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2016, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and 

Realignment Act of 1990 (part A of title XXIX of Public Law 101– 

510; 10 U.S.C. 2687 note) and funded through the Department of 

Defense Base Closure Account established by section 2906 of such 

Act (as amended by section 2711 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112– 

239; 126 Stat. 2140)), as specified in the funding table in section 

4601. 

SEC. 2702. PROHIBITION ON CONDUCTING ADDITIONAL BASE REALIGNMENT AND CLOSURE (BRAC) ROUND. 

Nothing in this Act shall be construed to authorize an additional Base Realignment and Closure (BRAC) round. 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing 

Sec. 2801. Modification of criteria for treatment of laboratory revitalization projects 

as minor military construction projects. 

Sec. 2802. Classification of facility conversion projects as repair projects. 

Sec. 2803. Limited authority for scope of work increase. 

Sec. 2804. Extension of temporary, limited authority to use operation and maintenance funds for construction projects outside the United States. 

Sec. 2805. Authority to expand energy conservation construction program to include 

energy resiliency projects. 

Sec. 2806. Additional entities eligible for participation in defense laboratory modernization pilot program. 

Sec. 2807. Extension of temporary 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. Acceptance of military construction projects as payments in-kind and inkind contributions. 

Sec. 2812. Allotment of space and provision of services to WIC offices operating on 

military installations. 

Sec. 2813. Sense of Congress regarding inclusion of stormwater systems and components within the meaning of ‘‘wastewater system’’ under the Department 

of Defense authority for conveyance of utility systems. 

Sec. 2814. Assessment of public schools on Department of Defense installations. 

Sec. 2815. Prior certification required for use of Department of Defense facilities by 

other Federal agencies for temporary housing support. 


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Subtitle C—Land Conveyances 

Sec. 2821. Land conveyance, High Frequency Active Auroral Research Program facility and adjacent property, Gakona, Alaska. 

Sec. 2822. Land conveyance, Campion Air Force Radar Station, Galena, Alaska. 

Sec. 2823. Lease, Joint Base Elmendorf-Richardson, Alaska. 

Sec. 2824. Transfer of administrative jurisdictions, Navajo Army Depot, Arizona. 

Sec. 2825. Exchange of property interests, San Diego Unified Port District, California. 

Sec. 2826. Release of property interests retained in connection with land conveyance, 

Eglin Air Force Base, Florida. 

Sec. 2827. Land exchange, Fort Hood, Texas. 

Sec. 2828. Land Conveyance, P–36 Warehouse, Colbern United States Army Reserve 

Center, Laredo, Texas. 

Sec. 2829. Land conveyance, St. George National Guard Armory, St. George, Utah. 

Sec. 2829A. Land acquisitions, Arlington County, Virginia. 

Sec. 2829B. Release of restrictions, Richland Innovation Center, Richland, Washington. 

Sec. 2829C. Modification of land conveyance, Rocky Mountain Arsenal National 

Wildlife Refuge. 

Sec. 2829D. Closure of St. Marys Airport. 

Sec. 2829E. 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. 2829F. Return of certain lands at Fort Wingate, New Mexico, to the original inhabitants. 

Subtitle D—Military Memorials, Monuments, and Museums 

Sec. 2831. Cyber Center for Education and Innovation-Home of the National 

Cryptologic Museum. 

Sec. 2832. Renaming site of the Dayton Aviation Heritage National Historical Park, 

Ohio. 

Sec. 2833. Women’s military service memorials and museums. 

Sec. 2834. Petersburg National Battlefield boundary modification. 

Subtitle E—Designations and Other Matters 

Sec. 2841. Designation of portion of Moffett Federal Airfield, California, as Moffett 

Air National Guard Base. 

Sec. 2842. Redesignation of Mike O’Callaghan Federal Medical Center. 

Sec. 2843. Replenishment of Sierra Vista subwatershed regional aquifer, Arizona. 

Sec. 2844. Limited exceptions to restriction on development of public infrastructure 

in connection with realignment of Marine Corps forces in Asia-Pacific 

region. 

Sec. 2845. Duration of withdrawal and reservation of public land, Naval Air Weapons Station China Lake, California. 

Subtitle A—Military Construction Program and Military 

Family Housing 

SEC. 2801. MODIFICATION OF CRITERIA FOR TREATMENT OF LABORATORY REVITALIZATION PROJECTS AS MINOR MILITARY 

CONSTRUCTION PROJECTS. 

(a) INCREASE IN THRESHOLD.—Section 2805(d) of title 10, 

United States Code, is amended by striking ‘‘$4,000,000’’ each place 

it appears in paragraph (1)(A), (1)(B), and (2) and inserting 

‘‘$6,000,000’’. 

(b) NOTICE REQUIREMENTS.—Section 2805(d) of such title is 

amended— 

(1) by striking the second sentence of paragraph (2); and 

(2) by amending paragraph (3) to read as follows: 

‘‘(3) If the Secretary concerned makes a decision to carry out an 

unspecified minor military construction project to which this subsection applies, the Secretary concerned shall notify in writing the 

appropriate committees of Congress of that decision, of the justification for the project, and of the estimated cost of the project. The 


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project may then be carried out only after the end of the 21-day period beginning on the date the notification is received by the committees or, if earlier, the end of the 14-day period beginning on the 

date on which a copy of the notification is provided in an electronic 

medium pursuant to section 480 of this title.’’. 

(c) EXTENSION OF SUNSET.—Paragraph (5) of section 2805(d) of 

such title is amended by striking ‘‘2018’’ and inserting ‘‘2025’’. 

SEC. 2802. CLASSIFICATION OF FACILITY CONVERSION PROJECTS AS 

REPAIR PROJECTS. 

Subsection (e) of section 2811 of title 10, United States Code, is 

amended to read as follows: 

‘‘(e) REPAIR PROJECT DEFINED.—In this section, the term ‘repair 

project’ means a project— 

‘‘(1) to restore a real property facility, system, or component 

to such a condition that it may effectively be used for its designated functional purpose; or 

‘‘(2) to convert a real property facility, system, or component 

to a new functional purpose without increasing its external dimensions.’’. 

SEC. 2803. LIMITED AUTHORITY FOR SCOPE OF WORK INCREASE. 

(a) IN GENERAL.—Section 2853 of title 10, United States Code, 

is amended— 

(1) in subsection (b)(2), by striking ‘‘The scope of work’’ and 

inserting ‘‘Except as provided in subsection (d), the scope of 

work’’; 

(2) by redesignating subsections (d) and (e) as subsections 

(e) and (f), respectively; and 

(3) by inserting after subsection (c) the following new subsection (d): 

‘‘(d) The limitation in subsection (b)(2) on an increase in the 

scope of work does not apply if— 

‘‘(1) the increase in the scope of work is not more than 10 

percent of the amount specified for that project, construction, 

improvement, or acquisition in the justification data provided 

to Congress as part of the request for authorization of the 

project, construction, improvement, or acquisition; 

‘‘(2) the increase is approved by the Secretary concerned; 

‘‘(3) the Secretary concerned notifies the congressional defense committees in writing of the increase in scope and the reasons therefor; and 

‘‘(4) a period of 21 days has elapsed after the date on which 

the notification is received by the committees or, if over sooner, 

a period of 14 days has elapsed after the date on which a copy 

of the notification is provided in an electronic medium pursuant 

to section 480 of this title.’’. 

(b) CROSS-REFERENCE AMENDMENTS.—(1) Subsection (a) of 

such section is amended by striking ‘‘subsection (c) or (d)’’ and inserting ‘‘subsection (c), (d), or (e)’’. 

(2) Subsection (f) of such section, as redesignated by subsection 

(a)(2), is amended by striking ‘‘through (d)’’ and inserting ‘‘through 

(e)’’. 

(c) ADDITIONAL TECHNICAL AMENDMENT.—Subsection (a) of 

such section is further amended by inserting ‘‘of this title’’ after ‘‘section 2805(a)’’. 


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SEC. 2804. EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE 

OPERATION AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS OUTSIDE THE UNITED STATES. 

(a) EXTENSION OF AUTHORITY.—Subsection (h) of section 2808 

of the Military Construction Authorization Act for Fiscal Year 2004 

(division B of Public Law 108–136; 117 Stat. 1723), as most recently 

amended by section 2802 of the Military Construction Authorization 

Act for Fiscal Year 2016 (division B of Public Law 114–92; 129 

Stat. 1169), is amended— 

(1) in paragraph (1), by striking ‘‘December 31, 2016’’ and 

inserting ‘‘December 31, 2017’’; and 

(2) in paragraph (2), by striking ‘‘fiscal year 2017’’ and inserting ‘‘fiscal year 2018’’. 

(b) LIMITATION ON USE OF AUTHORITY.—Subsection (c)(1) of 

such section is amended— 

(1) by striking ‘‘October 1, 2015’’ and inserting ‘‘October 1, 

2016’’; 

(2) by striking ‘‘December 31, 2016’’ and inserting ‘‘December 31, 2017’’; and 

(3) by striking ‘‘fiscal year 2017’’ and inserting ‘‘fiscal year 

2018’’. 

SEC. 2805. AUTHORITY TO EXPAND ENERGY CONSERVATION CONSTRUCTION PROGRAM TO INCLUDE ENERGY RESILIENCY 

PROJECTS. 

(a) EXPANSION OF AUTHORITY TO ENERGY RESILIENCY AND ENERGY SECURITY PROJECTS.— 

(1) IN GENERAL.—Section 2914 of title 10, United States 

Code, is amended— 

(A) in the section heading, by inserting ‘‘RESILIENCY

AND’’ before ‘‘CONSERVATION CONSTRUCTION PROJECTS’’; 

and 

(B) in subsection (a), by striking ‘‘military construction 

project for energy conservation’’ and inserting ‘‘military construction project for energy resiliency, energy security, or 

energy conservation’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 173 of such title is amended by striking the 

item relating to section 2914 and inserting the following new 

item: 

‘‘2914. Energy resiliency and conservation construction projects.’’. 

(b) NOTICE AND REPORTING REQUIREMENTS FOR PROJECTS.— 

(1) CONTENTS OF NOTIFICATIONS.— 

(A) CONTENTS.—Section 2914(b) of title 10, United 

States Code, is amended— 

(i) by striking ‘‘When a decision’’ and inserting ‘‘(1) 

When a decision’’; and 

(ii) by adding at the end the following new paragraph: 

‘‘(2) The Secretary of Defense shall include in each notification 

submitted under paragraph (1) the following information: 

‘‘(A) In the case of a military construction project for energy 

conservation, the justification and current cost estimate for the 

project, the expected savings-to-investment ratio, simple payback 

estimates, and the project’s measurement and verification cost 

estimate. 


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‘‘(B) In the case of a military construction project for energy 

resiliency or energy security, the rationale for how the project 

would enhance mission assurance, support mission critical 

functions, and address known vulnerabilities.’’. 

(B) EFFECTIVE DATE.—The amendment made by subparagraph (A) shall apply with respect to notifications provided during fiscal year 2017 or any succeeding fiscal year. 

(2) ANNUAL REPORT.—Section 2914 of such title is amended 

by adding at the end the following new subsection: 

‘‘(c) ANNUAL REPORT.—Not later than 90 days after the end of 

each fiscal year (beginning with fiscal year 2017), the Secretary of 

Defense shall submit to the appropriate committees of Congress a report on the status of the planned and active projects carried out 

under this section (including completed projects), and shall include 

in the report with respect to each such project the following information: 

‘‘(1) The title, location, a brief description of the scope of 

work, the original project cost estimate, and the current working cost estimate. 

‘‘(2) In the case of a military construction project for energy 

conservation— 

‘‘(A) the original expected savings-to-investment ratio 

and simple payback estimates and measurement and 

verification cost estimate; 

‘‘(B) the most current expected savings-to-investment 

ratio and simple payback estimates and measurement and 

verification plan and costs; and 

‘‘(C) a brief description of the measurement and 

verification plan and planned funding source. 

‘‘(3) In the case of a military construction project for energy 

resiliency or energy security, the rationale for how the project 

would enhance mission assurance, support mission critical 

functions, and address known vulnerabilities. 

‘‘(4) Such other information as the Secretary considers appropriate.’’. 

SEC. 2806. ADDITIONAL ENTITIES ELIGIBLE FOR PARTICIPATION IN 

DEFENSE LABORATORY MODERNIZATION PILOT PROGRAM. 

Section 2803(a) of the National Defense Authorization Act for 

Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1169; 10 U.S.C. 

2358 note) is amended by adding at the end the following: 

‘‘(4) A Department of Defense research, development, test, 

and evaluation facility that is not designated as a Science and 

Technology Reinvention Laboratory, but nonetheless is involved 

with developmental test and evaluation.’’. 

SEC. 2807. EXTENSION OF TEMPORARY 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. 

Section 2804(f) of the National Defense Authorization Act for 

Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1171; 10 U.S.C. 

2350j note) is amended by striking ‘‘September 30, 2020’’ and inserting ‘‘September 30, 2030’’. 


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Subtitle B—Real Property and Facilities Administration 

SEC. 2811. ACCEPTANCE OF MILITARY CONSTRUCTION PROJECTS AS 

PAYMENTS IN-KIND AND IN-KIND CONTRIBUTIONS. 

(a) PAYMENTS-IN-KIND AND IN-KIND CONTRIBUTIONS.—Subsection (f) of section 2687a of title 10, United States Code, is amended to read as follows: 

‘‘(f) ACCEPTANCE OF MILITARY CONSTRUCTION PROJECTS AS

PAYMENTS-IN-KIND AND IN-KIND CONTRIBUTIONS.—(1)(A) Except as 

provided in subparagraph (B), a military construction project costing more than $6,000,000 may be accepted as payment-in-kind or 

as an in-kind contribution required by a bilateral agreement with 

a host country only if that military construction project is authorized by law. 

‘‘(B) Subparagraph (A) does not apply to a military construction 

project that— 

‘‘(i) was specified in a bilateral agreement with a host country that was entered into before December 26, 2013; 

‘‘(ii) was the subject of negotiation between the United 

States and a host country as of the date of the enactment of the 

Military Construction Authorization Act for Fiscal Year 2015; 

or 

‘‘(iii) was accepted as payment-in-kind for the residual 

value of improvements made by the United States at military 

installations released to the host country under section 2921 of 

the Military Construction Authorization Act for Fiscal Year 

1991 (division B of Public Law 101–510; 10 U.S.C. 2687 note) 

before December 26, 2013. 

‘‘(2)(A) If the Secretary of Defense accepts a military construction project to be built for Department of Defense personnel outside 

the United States as a payment-in-kind or an in-kind contribution 

required by a bilateral agreement with a host country, the Secretary 

shall submit to the congressional defense committees a written notification at least 30 days before the initiation date for any such military construction project. 

‘‘(B) A notification under subparagraph (A) with respect to a 

proposed military construction project shall include the following: 

‘‘(i) The requirements for, and purpose and description of, 

the proposed project. 

‘‘(ii) The cost of the proposed project. 

‘‘(iii) The scope of the proposed project. 

‘‘(iv) The schedule for the proposed project. 

‘‘(v) Such other details as the Secretary considers relevant. 

‘‘(C) Subparagraph (A) shall not apply to a military construction project authorized in a Military Construction Authorization 

Act. 

‘‘(3) To the extent that a payment-in-kind or an in-kind contribution is provided under a bilateral agreement with a host country with respect to a military construction project for which funds 

have already been obligated or expended by the Secretary of Defense, 

the Secretary shall return to the Treasury funds in an amount equal 

to the value of the funds already obligated or expended for the 

project. 

‘‘(4) In this subsection, the term ‘military construction project’ 

has the meaning given such term in section 2801 of this title.’’. 


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(b) CONFORMING AMENDMENT.—Section 2802 of such title is 

amended by striking subsection (d). 

(c) REPEAL.—Section 2803 of the Carl Levin and Howard 

‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 

2015 (Public Law 113–291; 128 Stat. 3696) is repealed, and the provisions of law amended by subsections (a) and (b) of that section 

shall be restored as if such section had not been enacted into law. 

SEC. 2812. ALLOTMENT OF SPACE AND PROVISION OF SERVICES TO 

WIC OFFICES OPERATING ON MILITARY INSTALLATIONS. 

(a) ALLOTMENT OF SPACE AND PROVISION OF SERVICES AUTHORIZED.—Chapter 152 of title 10, United States Code, is amended 

by inserting after section 2566 the following new section: 

‘‘§ 2567. Space and services: provision to WIC offices 

‘‘(a) ALLOTMENT OF SPACE AND PROVISION OF SERVICES AUTHORIZED.—Upon application by a WIC office, the Secretary of a 

military department may allot space on a military installation 

under the jurisdiction of the Secretary to the WIC office without 

charge for rent or services if the Secretary determines that— 

‘‘(1) the WIC office provides or will provide services solely 

to members of the armed forces assigned to the installation, civilian employees of the Department of Defense employed at the 

installation, or dependents of such members or employees; 

‘‘(2) space is available on the installation; 

‘‘(3) operation of the WIC office will not hinder military 

mission requirements; and 

‘‘(4) the security situation at the installation permits the 

presence of a non-Federal entity on the installation. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) The term ‘services’ includes the provision of lighting, 

heating, cooling, and electricity. 

‘‘(2) The term ‘WIC office’ means a local agency (as defined 

in subsection (b)(6) of section 17 of the Child Nutrition Act of 

1966 (42 U.S.C. 1786)) that participates in the special supplemental nutrition program for women, infants, and children 

under such section.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 152 of title 10, United States Code, is amended by 

inserting after the item relating to section 2566 the following new 

item: 

‘‘2567. Space and services: provision to WIC offices’’. 

SEC. 2813. SENSE OF CONGRESS REGARDING INCLUSION OF 

STORMWATER SYSTEMS AND COMPONENTS WITHIN THE 

MEANING OF ‘‘WASTEWATER SYSTEM’’ UNDER THE DEPARTMENT OF DEFENSE AUTHORITY FOR CONVEYANCE 

OF UTILITY SYSTEMS. 

It is the sense of Congress that the reference to a system for the 

collection or treatment of wastewater in the definition of ‘‘utility system’’ in section 2688 of title 10, United States Code, which authorizes the Department of Defense to convey utility systems, includes 

stormwater systems and components. 

SEC. 2814. ASSESSMENT OF PUBLIC SCHOOLS ON DEPARTMENT OF DEFENSE INSTALLATIONS. 

(a) REPORT REQUIRED.— 


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(1) UPDATE OF 2011 ASSESSMENT ON SCHOOL CAPACITY AND

CONDITION.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the 

congressional defense committees an update of the assessment 

on the capacity and facility condition deficiencies of elementary 

and secondary public schools on military installations conducted by the Secretary in July 2011 under section 8109 of the 

Department of Defense and Full-Year Continuing Appropriations Act, 2011 (Public Law 112–10; 125 Stat. 82). In updating 

the assessment, the Secretary shall take into consideration factors including— 

(A) schools that have had changes in their condition or 

capacity since the original assessment; and 

(B) the capacity and facility condition deficiencies of 

schools that may have been inadvertently omitted from the 

original assessment. 

(2) ADDITIONAL INFORMATION.—The Secretary shall include 

in the update submitted under paragraph (1) a report on the 

status of the funds already appropriated, and the schedule for 

the completion of projects already approved, under the programs funded under section 8109 of the Department of Defense 

and Full-Year Continuing Appropriations Act, 2011 (Public 

Law 112–10; 125 Stat. 82), section 8118 of the Consolidated Appropriations Act, 2012 (Public Law 112–74; 125 Stat. 833), section 8108 of the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113–6; 127 Stat. 322), and section 8107 of the Consolidated and Further Continuing Appropriations Act, 2015 (Public Law 113–235; 128 Stat. 2255). 

(b) COMPTROLLER GENERAL EVALUATION.—Not later than 180 

days after the date of the submission of the report under subsection 

(a), the Comptroller General of the United States shall submit to the 

congressional defense committees an evaluation of the updated assessment prepared by the Secretary of Defense under paragraph (1) 

of subsection (a), including an evaluation of the accuracy and analytical sufficiency of the updated assessment. 

SEC. 2815. PRIOR CERTIFICATION REQUIRED FOR USE OF DEPARTMENT OF DEFENSE FACILITIES BY OTHER FEDERAL AGENCIES FOR TEMPORARY HOUSING SUPPORT. 

The Secretary of Defense shall not sign a memorandum of 

agreement with another Federal agency to provide the agency with 

a vacant facility for purposes of temporary housing support unless 

the Secretary first submits to the Committees on Armed Services of 

the House of Representatives and Senate a certification that the provision of the facility to the agency for such purpose will not negatively affect military training, operations, readiness, or other military requirements, including National Guard and Reserve readiness. 

Subtitle C—Land Conveyances 

SEC. 2821. LAND CONVEYANCE, HIGH FREQUENCY ACTIVE AURORAL 

RESEARCH PROGRAM FACILITY AND ADJACENT PROPERTY, GAKONA, ALASKA. 

(a) CONVEYANCES AUTHORIZED.— 

(1) CONVEYANCE TO UNIVERSITY OF ALASKA.—The Secretary 

of the Air Force may convey to the University of Alaska (in this 


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section referred to as the ‘‘University’’) all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, consisting of approximately 

1,158 acres near the Gulkana Village, Alaska, which was purchased by the Secretary of the Air Force from Ahtna, Incorporated, in January 1989, contain a High Frequency Active 

Auroral Research Program facility, and comprise a portion of 

the property more particularly described in subsection (b), for 

the purpose of permitting the University to use the conveyed 

property for public purposes. 

(2) CONVEYANCE TO ALASKA NATIVE CORPORATION.—The 

Secretary of the Air Force may convey to Ahtna, Incorporated 

(in this section referred to as ‘‘Ahtna’’), all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, consisting of approximately 

4,259 acres near Gulkana Village, Alaska, which was purchased by the Secretary of the Air Force from Ahtna, Incorporated, in January 1989 and comprise the portion of the property more particularly described in subsection (b) that does not 

contain the High Frequency Active Auroral Research Program 

facility. The property to be conveyed under this paragraph does 

not include any of the property authorized for conveyance to the 

University under paragraph (1). 

(b) PROPERTY DESCRIBED.—Subject to the property exclusions 

specified in subsection (c), the real property authorized for conveyance under subsection (a) consists of portions of sections within 

township 7 north, range 1 east; township 7 north, range 2 east; 

township 8 north, range 1 east; and township 8 north, range 2 east; 

Copper River Meridian, Chitina Recording District, Third Judicial 

District, State of Alaska, as follows: 

(1) Township 7 north, range 1 east: 

(A) Section 1. 

(B) E1⁄2, S1⁄2NW1⁄4, SW1⁄4 of section 2. 

(C) S1⁄2SE1⁄4, NE1⁄4SE1⁄4 of section 3. 

(D) E1⁄2 of section 10. 

(E) Sections 11 and 12. 

(F) That portion of N1⁄2, N1⁄2S1⁄2 of section 13, excluding all lands lying southerly and easterly of the Glenn 

Highway right-of-way. 

(G) N1⁄2, N1⁄2S1⁄2 of section 14. 

(H) NE1⁄4, NE1⁄4SE1⁄4 of section 15. 

(2) Township 7 north, range 2 east: 

(A) W1⁄2 of section 6. 

(B) NW1⁄4 of section 7, and the portion of N1⁄2SW1⁄4

and NW1⁄4SE1⁄4 of such section lying northerly of the Glenn 

Highway right-of-way. 

(3) Township 8 north, range 1 east: 

(A) SE1⁄4SE1⁄4 of section 35. 

(B) E1⁄2, SW1⁄4, SE1⁄4NW1⁄4 of section 36. 

(4) Township 8 north, range 2 east: 

(A) W1⁄2 of section 31. 

(c) EXCLUSION OF CERTAIN PROPERTY.—The real property authorized for conveyance under subsection (a) may not include the 

following: 


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(1) Public easements reserved pursuant to section 17(b) of 

the Alaska Native Claims Settlement Act (43 U.S.C. 1616(b)), 

as described in the Warranty Deed from Ahtna, Incorporated, 

to the United States, dated March 1, 1990, recorded in Book 31, 

pages 665 through 668 in the Chitina Recording District, Third 

Judicial District, Alaska. 

(2) Easement for an existing trail as described in such Warranty Deed from Ahtna, Incorporated, to the United States. 

(3) The subsurface estate. 

(d) CONSIDERATION.— 

(1) CONVEYANCE TO UNIVERSITY.—As consideration for the 

conveyance of property under subsection (a)(1), the University 

shall provide the United States with consideration in an 

amount that is acceptable to the Secretary of the Air Force, 

whether in the form of cash payment, in-kind consideration, or 

a combination thereof. 

(2) CONVEYANCE TO AHTNA.—As consideration for the conveyance of property under subsection (a)(2), Ahtna shall provide 

the United States with consideration in an amount that is acceptable to the Secretary, whether in the form of cash payment, 

in-kind consideration, a land exchange under the Alaska Native 

Claims Settlement Act (43 U.S.C. 1601 et seq.), or a combination thereof. 

(3) TREATMENT OF CASH CONSIDERATION RECEIVED.—Any 

cash payment received by the Secretary as consideration for a 

conveyance under subsection (a) shall be deposited in the special account in the Treasury established under subsection (b) of 

section 572 of title 40, United States Code, and shall be available in accordance with paragraph (5)(B) of such subsection. 

(e) REVERSIONARY INTEREST.—If the Secretary of the Air Force 

determines at any time that the real property conveyed under subsection (a)(1) is not being used by the University in accordance with 

the purposes of the conveyance specified in such subsection, all 

right, title, and interest in and to the property, including any improvements thereto, shall, at the option of the Secretary, revert to 

and become the property of the United States, and the United States 

shall have the right of immediate entry onto such property. A determination by the Secretary under this subsection shall be made on 

the record after an opportunity for a hearing. 

(f) PAYMENT OF COSTS OF CONVEYANCE.— 

(1) PAYMENT REQUIRED.—The Secretary of the Air Force 

shall require the recipient of real property under this section to 

cover all costs to be incurred by the Secretary, or to reimburse 

the Secretary for such costs incurred by the Secretary, to carry 

out the conveyance of that property, including survey costs, costs 

for environmental documentation, and any other administrative 

costs related to the conveyance. If amounts are collected in advance of the Secretary incurring the actual costs, and the 

amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund 

the excess amount to the recipient. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

under paragraph (1) as reimbursement for costs incurred by the 

Secretary to carry out a conveyance under this section shall be 


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credited and made available to the Secretary as provided in section 2695(c) of title 10, United States Code. 

(g) CONVEYANCE AGREEMENT.—The conveyance of property 

under this section shall be accomplished using a quitclaim deed or 

other legal instrument and upon terms and conditions mutually satisfactory to the Secretary of the Air Force and the recipient of the 

property, including such additional terms and conditions as the 

Secretary considers appropriate to protect the interests of the United 

States. 

SEC. 2822. LAND CONVEYANCE, CAMPION AIR FORCE RADAR STATION, 

GALENA, ALASKA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 

may convey, without consideration, to the Town of Galena, Alaska 

(in this section referred to as the ‘‘Town’’), all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, at the former Campion Air Force Station, Alaska, as further described in subsection (b), for the purpose 

of permitting the Town to use the conveyed property for public purposes. The conveyance under this subsection is subject to valid existing rights. 

(b) DESCRIPTION OF PROPERTY.—The property to be conveyed 

under subsection (a) consists of up to approximately 1,300 acres of 

the remaining land withdrawn under Public Land Order No. 843 

of June 24, 1952, and Public Land Order No. 1405 of April 4, 1957, 

for use by the Secretary of the Air Force as the former Campion Air 

Force Station. The portions of the former Air Force Station that are 

not authorized to be conveyed under subsection (a) are those portions that are subject to environmental land use restrictions or are 

undergoing environmental remediation by the Secretary of the Air 

Force as of the date of such conveyance. 

(c) REVERSIONARY INTEREST.—If the Secretary of the Air Force 

determines at any time that the real property conveyed under subsection (a) is not being used in accordance with the purpose of the 

conveyance specified in such subsection, all right, title, and interest 

in and to the land, including any improvements thereto, shall, at 

the option of the Secretary, revert to and become the property of the 

United States, and the United States shall have the right of immediate entry onto such real property. A determination by the Secretary under this subsection shall be made on the record after an 

opportunity for a hearing. 

(d) CONVEYANCE AGREEMENT.—The conveyance of land under 

this section shall be accomplished using a quitclaim deed or other 

legal instrument and upon terms and conditions mutually satisfactory to the Secretary of the Air Force, after consulting with the Secretary of the Interior, and the Town, including such additional 

terms and conditions as the Secretary of the Air Force, after consulting with the Secretary of the Interior, considers appropriate to 

protect the interests of the United States. 

(e) PAYMENT OF COSTS OF CONVEYANCE.— 

(1) PAYMENT REQUIRED.—The Secretary of the Air Force 

shall require the Town to cover all costs (except costs for environmental remediation of the property) to be incurred by the 

Secretary of the Air Force and by the Secretary of the Interior, 

or to reimburse the appropriate Secretary for such costs incurred by the Secretary, to carry out the conveyance under this 


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section, including survey costs, costs for environmental documentation, and any other administrative costs related to the 

conveyance. If amounts are collected from the Town in advance 

of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to 

carry out the conveyance, the appropriate Secretary shall refund 

the excess amount to the Town. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

under paragraph (1) as reimbursement for costs incurred by the 

Secretary of the Air Force or by the Secretary of the Interior to 

carry out the conveyance under subsection (a) shall be credited 

to the fund or account that was used to cover the costs incurred 

by the appropriate Secretary in carrying out the conveyance, or 

to an appropriate fund or account currently available to the appropriate Secretary for the purposes for which the costs were 

paid. Amounts so credited shall be merged with amounts in 

such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as 

amounts in such fund or account. 

(f) MAP AND LEGAL DESCRIPTION.—As soon as practicable after 

the date of the enactment of this Act, the Secretary of the Air Force, 

in consultation with the Secretary of the Interior, shall finalize a 

map and the legal description of the real property to be conveyed 

under subsection (a). The Secretary of the Air Force may correct any 

minor errors in the map or the legal description. The map and legal 

description shall be on file and available for public inspection in the 

appropriate offices of the Bureau of Land Management. 

(g) SUPERSEDENCE OF PUBLIC LAND ORDERS.—Public Land 

Order Nos. 843 and 1405 are hereby superseded, but only insofar 

as the orders affect the lands conveyed to the Town under subsection 

(a). 

SEC. 2823. LEASE, JOINT BASE ELMENDORF-RICHARDSON, ALASKA. 

(a) LEASES AUTHORIZED.— 

(1) LEASE TO MUNICIPALITY OF ANCHORAGE.—The Secretary 

of the Air Force may lease to the Municipality of Anchorage, 

Alaska, certain real property, to include improvements thereon, 

at Joint Base Elmendorf-Richardson (‘‘JBER’’), Alaska, as more 

particularly described in subsection (b) for the purpose of permitting the Municipality to use the leased property for recreational purposes. 

(2) LEASE TO MOUNTAIN VIEW LIONS CLUB.—The Secretary 

of the Air Force may lease to the Mountain View Lions Club 

certain real property, to include improvements thereon, at 

JBER, as more particularly described in subsection (b) for the 

purpose of the installation, operation, maintenance, protection, 

repair, and removal of recreational equipment. 

(b) DESCRIPTION OF PROPERTY.— 

(1) The real property to be leased under subsection (a)(1) 

consists of the real property described in Department of the Air 

Force Lease No. DACA85–1–99–14. 

(2) The real property to be leased under subsection (a)(2) 

consists of real property described in Department of the Air 

Force Lease No. DACA85–1–97–36. 

(c) TERM AND CONDITIONS OF LEASES.— 


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(1) TERM OF LEASES.—The term of the leases authorized 

under subsection (a) shall not exceed 25 years. 

(2) OTHER TERMS AND CONDITIONS.—Except as otherwise 

provided in this section— 

(A) the remaining terms and conditions of the lease 

under subsection (a)(1) shall consist of the same terms and 

conditions described in Department of the Air Force Lease 

No. DACA85–1–99–14; and 

(B) the remaining terms and conditions of the lease 

under subsection (a)(2) shall consist of the same terms and 

conditions described in Department of the Air Force Lease 

No. DACA85–1–97–36. 

(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

leases under this section as the Secretary considers appropriate to 

protect the interests of the United States. 

SEC. 2824. TRANSFER OF ADMINISTRATIVE JURISDICTIONS, NAVAJO 

ARMY DEPOT, ARIZONA. 

(a) IN GENERAL.—All administrative jurisdiction of the Secretary of Agriculture over 28,423 acres of National Forest System 

land located within the Kaibab National Forest and the Coconino 

National Forest shown on the map entitled ‘‘Navajo Army Depot Jurisdiction’’ and dated July 19, 2016, is hereby transferred to the 

Secretary of the Army. 

(b) VOLUNTEER MOUNTAIN LOOKOUT.— (1) AGREEMENT.—The Secretary of the Army and the Secretary of Agriculture shall enter into an agreement to authorize 

the Secretary of Agriculture to occupy, access by vehicle, and 

use Volunteer Mountain Lookout for the purposes of wildfire detection and reporting for as long as needed by the Secretary of 

Agriculture. 

(2) MAINTENANCE.—The Secretary of Agriculture shall be 

responsible for maintaining the Volunteer Mountain Lookout 

structure. The Secretary of the Army, in coordination with the 

Secretary of Agriculture, shall be responsible for maintaining 

road access to Volunteer Mountain Lookout. 

(c) RESTORATION OR REMEDIATION.—The Secretary of the Army 

shall be responsible for, and fund any environmental restoration or 

remediation that is required for, the abatement of any release of 

hazardous substances, pollutants, contaminants, or petroleum products on the land referenced in subsection (a), and shall hold harmless the Secretary of Agriculture from any financial obligation to 

contribute to any such restoration or remediation. 

(d) REVOCATION.—Public Land Order 59 (dated November 12, 

1942) and Public Land Order 176 (dated September 29, 1943) are 

hereby revoked. 

(e) REVERSIONARY INTEREST.—On the request of the owners of 

the Camp Navajo railroad 1 parcel and the Camp Navajo railroad 

2 parcel, any reversionary interest of the United States pursuant to 

the Act of July 27, 1866 (14 Stat. 292, chapter 278), in and to the 

Camp Navajo railroad 1 parcel shall be transferred to the Camp 

Navajo railroad 2 parcel. 

(f) RELEASE.—On transfer of the reversionary interest under 

subsection (e), the Camp Navajo railroad 1 parcel shall no longer 

be subject to the reversionary interest described in that subsection. 


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(g) DEFINITIONS.—In this section: 

(1) CAMP NAVAJO RAILROAD 1 PARCEL.—The term ‘‘Camp 

Navajo railroad 1 parcel’’ means the land described in the deed 

recorded in Coconino County, Arizona, on October 6, 2014, as 

document number 3703647. 

(2) CAMP NAVAJO RAILROAD 2 PARCEL.—The term ‘‘Camp 

Navajo railroad 2 parcel’’ means the parcel of land as described 

in the deed recorded in Coconino County, Arizona, on June 2, 

2006, as document number 3386576. 

SEC. 2825. EXCHANGE OF PROPERTY INTERESTS, SAN DIEGO UNIFIED 

PORT DISTRICT, CALIFORNIA. 

(a) EXCHANGE OF PROPERTY INTERESTS AUTHORIZED.— (1) INTERESTS TO BE CONVEYED.—The Secretary of the 

Navy (hereafter referred to as the ‘‘Secretary’’) may convey to the 

San Diego Unified Port District (hereafter referred to as the 

‘‘District’’) all right, title, and interest of the United States in 

and to a parcel of real property, including any improvements 

thereon and, without limitation, any leasehold interests of the 

United States therein, consisting of approximately 0.33 acres 

and identified as Parcel No. 4 on District Drawing No. 018–107 

(April 2013). This parcel contains 48 parking spaces central to 

the mission conducted on the site of the Navy’s leasehold interest at 1220 Pacific Highway, San Diego, California. 

(2) INTERESTS TO BE ACQUIRED.—In exchange for the property interests described in paragraph (1), the Secretary may accept from the District property interests of equal value and 

similar utility, as determined by the Secretary, located within 

immediate proximity to the property described in paragraph (1), 

that provide the rights to an equivalent number of parking 

spaces of equal value (subject to subsection (c)(1)). 

(b) ENCUMBRANCES.— (1) NO ACCEPTANCE OF PROPERTY WITH ENCUMBRANCES

PRECLUDING USE AS PARKING SPACES.—In an exchange of property interests under subsection (a), the Secretary may not accept 

any property under subsection (a)(2) unless the property is free 

of encumbrances that would preclude the Department of the 

Navy from using the property for parking spaces, as determined 

under paragraph (2). 

(2) DETERMINATION OF FREEDOM FROM ENCUMBRANCES.— 

For purposes of paragraph (1), a property shall be considered 

to be free of encumbrances that would preclude the Department 

of the Navy from using the property for parking spaces if— 

(A) the District guarantees and certifies that the property is free of such encumbrances under its own authority 

to preclude the use of the property for parking spaces; and 

(B) the District obtains guarantees and certifications 

from appropriate entities of the State and units of local 

government that the property is free of any such encumbrances that may be in place pursuant to the Tidelands 

Trust, the North Embarcadero Visionary Plan, the Downtown Community Plan, or any other law, regulation, plan, 

or document. 

(c) EQUALIZATION.— 

(1) TRANSFER OF RIGHTS TO ADDITIONAL PARKING SPACES.— 

If the value of the property interests described in subsection 


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(a)(1) is greater than the value of the property interests and 

rights to parking spaces described in subsection (a)(2), the values shall be equalized by the transfer to the Secretary of rights 

to additional parking spaces. 

(2) NO AUTHORIZATION OF CASH EQUALIZATION PAYMENTS

FROM SECRETARY.—If the value of the property interests and 

parking rights described in subsection (a)(2) are greater than 

the value of the property interests described in subsection (a)(1), 

the Secretary may not make a cash equalization payment to 

equalize the values. 

(d) PAYMENT OF COSTS OF CONVEYANCE.— (1) PAYMENT REQUIRED.—The Secretary shall require the 

District to cover all costs to be incurred by the Secretary, or to 

reimburse the Secretary for such costs incurred by the Secretary, to carry out the exchange of property interests under this 

section, including survey costs, costs related to environmental 

documentation, real estate due diligence such as appraisals, 

and any other administrative costs related to the exchange of 

property interests. If amounts are collected from the District in 

advance of the Secretary incurring the actual costs and the 

amount collected exceeds the costs actually incurred by the Secretary to carry out the exchange of property interests, the Secretary shall refund the excess amount to the District. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursement under paragraph (1) shall be credited to the 

fund or account that was used to cover those costs incurred by 

the Secretary in carrying out the exchange of property interests. 

Amounts so credited shall be merged with amounts in such 

fund or account and shall be available for the same purposes, 

and subject to the same conditions and limitations, as amounts 

in such fund or account. 

(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the property interests to be exchanged under this section shall be determined by surveys satisfactory to the Secretary. 

(f) CONVEYANCE AGREEMENT.—The exchange of property interests under this section shall be accomplished using a lease, lease 

amendment, or other legal instrument and upon terms and conditions mutually satisfactory to the Secretary and the District, including such additional terms and conditions as the Secretary considers 

appropriate to protect the interests of the United States. 

SEC. 2826. RELEASE OF PROPERTY INTERESTS RETAINED IN CONNECTION WITH LAND CONVEYANCE, EGLIN AIR FORCE BASE, 

FLORIDA. 

(a) RELEASE OF EXCEPTIONS, LIMITATIONS, AND CONDITIONS IN

DEEDS.—With respect to approximately 126 acres of real property in 

Okaloosa County, Florida, more particularly described in subsection 

(b), which were conveyed by the United States to the Air Force Enlisted Mens’ Widows and Dependents Home Foundation, Incorporated (‘‘Air Force Enlisted Village’’), the Secretary of the Air Force 

may release, without consideration, any and all exceptions, limitations, and conditions specified by the United States in the deeds 

conveying such real property. 

(b) PROPERTY DESCRIBED.—The real property subject to subsection (a) was part of Eglin Air Force, Florida, and consists of all 

parcels conveyed in exchange for fair market value cash payment by 


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the Air Force Enlisted Village pursuant to section 809(c) of the Military Construction Authorization Act, 1979 (Public Law 95–356; 92 

Stat. 587), as amended by section 2826 of the Military Construction 

Authorization Act, 1989 (Public Law 100–456; 102 Stat. 2123), and 

section 2861 of the Military Construction Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112 Stat. 2223). 

(c) INSTRUMENT OF RELEASE AND DESCRIPTION OF PROPERTY.— 

The Secretary may execute and record in the appropriate office a 

deed of release, amended deed, or other appropriate instrument reflecting the release of exceptions, limitations, and conditions under 

subsection (a). 

(d) PAYMENT OF ADMINISTRATIVE COSTS.— 

(1) PAYMENT REQUIRED.—The Secretary may require the 

Air Force Enlisted Village to pay for any costs to be incurred 

by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the release under subsection (a), including survey costs, costs related to environmental documentation, and other administrative costs related 

to the release. If amounts paid to the Secretary in advance exceed the costs actually incurred by the Secretary to carry out the 

release, the Secretary shall refund the excess amount to the Air 

Force Enlisted Village. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

under paragraph (1) as reimbursement for costs incurred by the 

Secretary to carry out the release under subsection (a) shall be 

credited and made available to the Secretary as provided in section 2695(c) of title 10, United States Code. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

release of exceptions, limitations, and conditions under subsection 

(a) as the Secretary considers appropriate to protect the interests of 

the United States. 

SEC. 2827. LAND EXCHANGE, FORT HOOD, TEXAS. 

(a) EXCHANGE AUTHORIZED.—The Secretary of the Army may 

convey to the City of Copperas Cove, Texas (in this section referred 

to as the ‘‘City’’), all right, title, and interest of the United States 

in and to a parcel of real property, including any improvements 

thereon, consisting of approximately 437 acres at Fort Hood, Texas, 

for the purpose of permitting the City to improve arterial transportation routes in the vicinity of Fort Hood and to promote economic 

development in the area of the City and Fort Hood. 

(b) CONSIDERATION.—As consideration for the conveyance under 

subsection (a), the City shall convey to the Secretary of the Army all 

right, title, and interest of the City in and to one or more parcels 

of real property that are acceptable to the Secretary. The fair market 

value of the real property acquired by the Secretary under this subsection shall be at least equal to the fair market value of the real 

property conveyed under subsection (a), as determined by appraisals 

acceptable to the Secretary. 

(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be exchanged under this section 

shall be determined by surveys satisfactory to the Secretary of the 

Army. 

(d) PAYMENT OF COSTS OF CONVEYANCES.— 


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(1) PAYMENT REQUIRED.—The Secretary of the Army shall 

require the City to cover costs to be incurred by the Secretary, 

or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyances under this section, including survey costs related to the conveyances. If amounts are collected from the City in advance of the Secretary incurring the 

actual costs, and the amount collected exceeds the costs actually 

incurred by the Secretary to carry out the conveyances, the Secretary shall refund the excess amount to the City. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

under paragraph (1) as reimbursement for costs incurred by the 

Secretary to carry out the conveyances under this section shall 

be credited to the fund or account that was used to cover the 

costs incurred by the Secretary in carrying out the conveyances. 

Amounts so credited shall be merged with amounts in such 

fund or account and shall be available for the same purposes, 

and subject to the same conditions and limitations, as amounts 

in such fund or account. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 

Army may require such additional terms and conditions in connection with the conveyances under this section as the Secretary considers appropriate to protect the interests of the United States. 

SEC. 2828. LAND CONVEYANCE, P–36 WAREHOUSE, COLBERN UNITED 

STATES ARMY RESERVE CENTER, LAREDO, TEXAS. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 

convey, without consideration, to the Laredo Community College (in 

this section referred to as the ‘‘LCC’’) all right, title, and interest of 

the United States in and to a parcel of real property consisting of 

approximately 0.077 acres, including the approximately 725 sq. ft. 

Historic Building, P–36 Warehouse, and other improvements thereon, at Colbern United States Army Reserve Center, Laredo, Texas, 

for the purposes of educational use and historic preservation. 

(b) PAYMENT OF COSTS OF CONVEYANCE.— (1) PAYMENT REQUIRED.—The Secretary of the Army shall 

require the LCC to cover costs (except costs for environmental 

remediation of the property) to be incurred by the Secretary, or 

to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation, and 

any other administrative costs related to the conveyance. If 

amounts are collected from the LCC in advance of the Secretary 

incurring the actual costs, and the amount collected exceeds the 

costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the LCC. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursement under paragraph (1) shall be credited to the 

fund or account that was used to cover those costs incurred by 

the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, 

and shall be available for the same purposes, and subject to the 

same conditions and limitations, as amounts in such fund or 

account. 

(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the property to be conveyed under subsection (a) shall 

be determined by a survey satisfactory to the Secretary of the Army. 


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(d) REVERSIONARY INTEREST.— (1) REVERSION.—If the Secretary of the Army determines at 

any time that the property conveyed under subsection (a) is not 

being used in accordance with the purpose of the conveyance 

specified in subsection (a), all right, title, and interest in and 

to such property, including any improvements thereto, shall, at 

the option of the Secretary, revert to and become the property 

of the United States, and the United States shall have the right 

of immediate entry onto such property. A determination by the 

Secretary under this paragraph shall be made on the record 

after an opportunity for a hearing. 

(2) PAYMENT OF CONSIDERATION IN LIEU OF REVERSION.— In lieu of exercising the right of reversion retained under paragraph (1) with respect to the property conveyed under subsection 

(a), the Secretary may require the LCC to pay to the United 

States an amount equal to the fair market value of the property 

conveyed, as determined by the Secretary. 

(3) TREATMENT OF CASH CONSIDERATION.—Any cash payment received by the United States under paragraph (2) shall 

be deposited in the special account in the Treasury established 

under subsection (b) of section 572 of title 40, United States 

Code, and shall be available in accordance with paragraph 

(5)(B) of such subsection. 

(e) ADDITIONAL TERMS.—The Secretary of the Army may require 

such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to 

protect the interests of the United States. 

SEC. 2829. LAND CONVEYANCE, ST. GEORGE NATIONAL GUARD ARMORY, ST. GEORGE, UTAH. 

(a) LAND CONVEYANCE AUTHORIZED.—The Secretary of the Interior may convey, without consideration, to the State of Utah all 

right, title, and interest of the United States in and to a parcel of 

public land in St. George, Utah, comprising approximately 70 acres, 

as described in Public Land Order 6840 published in the Federal 

Register on March 29, 1991 (56 Fed. Reg. 13081), and containing 

the St. George National Guard Armory for the purpose of permitting 

the Utah National Guard to use the conveyed land for military purposes. 

(b) TERMINATION OF PRIOR ADMINISTRATIVE ACTION.—The Public Land Order described in subsection (a), which provided for a 20- 

year withdrawal of the public land described in the Public Land 

Order, is withdrawn upon conveyance of the land under this section. 

(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the property to be conveyed under this section shall 

be determined by a survey satisfactory to the Secretary of the Interior. 

(d) CONVEYANCE AGREEMENT.—The conveyance under this section shall be accomplished using a quitclaim deed or other legal instrument and upon terms and conditions mutually satisfactory to 

the Secretary of the Interior and the State of Utah, including such 

additional terms and conditions as the Secretary considers appropriate to protect the interests of the United States. 

(e) REVERSIONARY INTEREST.—If the Secretary of the Interior 

determines at any time that the property conveyed under subsection 

(a) is not being used in accordance with the purpose of the conveyVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 00772 Fmt 6659 Sfmt 6603 E:\HR\OC\HR840.XXX HR840

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ance specified in subsection (a), all right, title, and interest in and 

to such property, including any improvements thereto, shall, at the 

option of the Secretary, revert to and become the property of the 

United States, and the United States shall have the right of immediate entry onto such property. A determination by the Secretary 

under this paragraph shall be made on the record after an opportunity for a hearing. 

SEC. 2829A. LAND ACQUISITIONS, ARLINGTON COUNTY, VIRGINIA. 

(a) ACQUISITION AUTHORIZED.— (1) IN GENERAL.—The Secretary of the Army may acquire 

by purchase, exchange, donation, or by other means, including 

condemnation, which the Secretary determines is sufficient for 

the expansion of Arlington National Cemetery for purposes of 

ensuring maximization of interment sites and compatible use of 

adjacent properties, including any appropriate cemetery or memorial parking, all right, title, and interest in and to land— 

(A) from Arlington County (in this section referred to 

as the ‘‘County’’), one or more parcels of real property in the 

area known as the Southgate Road right-of-way, Columbia 

Pike right-of-way, and South Joyce Street right-of-way located in Arlington County, Virginia; and 

(B) from the Commonwealth of Virginia (in this section 

referred to as the ‘‘Commonwealth’’), one or more parcels of 

property in the area known as the Columbia Pike right-ofway, including the Washington Boulevard-Columbia Pike 

interchange, but excluding the Virginia Department of 

Transportation Maintenance and Operations Facility. 

(2) SELECTION OF PROPERTY FOR ACQUISITION.—The Memorandum of Understanding between the Department of the Army 

and Arlington County signed in January 2013 shall be used as 

a guide in determining the properties to be acquired under this 

section to expand Arlington National Cemetery to the maximum 

extent practicable. After consultation with the Commonwealth 

and the County, the Secretary shall determine the exact parcels 

to be acquired, and such determination shall be final. In selecting the properties to be acquired under paragraph (1), the Secretary shall seek— 

(A) to remove existing barriers to the expansion of Arlington National Cemetery north of Columbia Pike through 

a realignment of Southgate Road to the western boundary 

of the former Navy Annex site; and 

(B) to support the realignment and straightening of Columbia Pike and redesign of the Washington Boulevard-Columbia Pike interchange. 

(3) CONSIDERATION.—The Secretary is authorized to expend 

amounts up to fair market value consideration for the interests 

in land acquired under this subsection. 

(b) EXCHANGE AUTHORIZED.— 

(1) EXCHANGE.—In carrying out the acquisition authorized 

in subsection (a), in lieu of the consideration authorized under 

subsection (a)(3), the Secretary may convey through land exchange— 

(A) to the County, all right, title, and interest of the 

United States in and to one or more parcels of real property, together with any improvements thereon, located south 


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of current Columbia Pike and west of South Joyce Street in 

Arlington County, Virginia; 

(B) to the Commonwealth, all right, title, and interest 

of the United States in and to one or more parcels of property east of Joyce Street in Arlington County, Virginia, necessary for the realignment of Columbia Pike and the Washington Boulevard-Columbia Pike interchange, as well as for 

future improvements to Interstate 395 ramps; and 

(C) to either the County or the Commonwealth, other 

real property under control of the Secretary determined by 

the Secretary to be excess to the needs of the Army. 

(2) EXCHANGE VALUE.— (A) MINIMUM VALUE.—The Secretary shall obtain no 

less than fair market value consideration for any property 

conveyed under this subsection. 

(B) CASH EQUALIZATION.—Where the value of property 

to be exchanged is greater than the value of property to be 

acquired by the Secretary, the Secretary may accept cash 

equalization payments. 

(C) TREATMENT OF CASH CONSIDERATION RECEIVED.— Any cash payment received by the United States as consideration for the conveyance under subparagraph (B) shall be 

deposited in the special account in the Treasury established 

under subsection (b) of section 572 of title 40, United States 

Code, and shall be available in accordance with paragraph 

(5)(B) of such subsection or, in the case of conveyance of excess property located on a military installation closed under 

the Defense Base Closure and Realignment Act of 1990 

(part A of title XXIX of Public Law 101–510; 10 U.S.C. 

2687 note), shall be deposited in the special account established under section 2906 of such Act. 

(c) APPRAISALS.—The value of property to be acquired or conveyed under this section shall be determined by appraisals acceptable to the Secretary. 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be acquired or conveyed under 

this section shall be determined by surveys satisfactory to the Secretary, in consultation with the Commonwealth and the County 

where practicable. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

transactions authorized under this section as is considered appropriate to protect the interests of the United States. 

(f) REPEAL OF AUTHORITY.—Section 2841 of the Military Construction Authorization Act for Fiscal Year 2015 (division B of Public Law 113–291; 128 Stat. 3712) is repealed. 

SEC. 2829B. RELEASE OF RESTRICTIONS, RICHLAND INNOVATION CENTER, RICHLAND, WASHINGTON. 

(a) RELEASE AUTHORIZED.—The Secretary of Transportation, 

acting through the Maritime Administrator and in consultation 

with the Administrator of General Services, may, upon receipt of 

full consideration as provided in subsection (b), release all remaining right, title, and interest of the United States in and to a parcel 

of real property, including any improvements thereon, in Richland, 

Washington, consisting as of the date of the enactment of this Act 


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of approximately 71.5 acres and containing personal and real property, to the Port of Benton (hereafter in this section referred to as 

the ‘‘Port’’). 

(b) CONSIDERATION.— (1) CONSIDERATION REQUIRED.—As consideration for the release under subsection (a), the Port shall provide an amount 

that is acceptable to the Secretary of Transportation, whether by 

cash payment, in-kind consideration as described under paragraph (2), or a combination thereof, at such time as the Secretary may require. The Secretary may determine the level of 

acceptable consideration under this paragraph on the basis of 

the value of the restrictions released under subsection (a), but 

only if the value of such restrictions is determined without regard to any improvements made by the Port. 

(2) IN-KIND CONSIDERATION.—In-kind consideration provided by the Port under paragraph (1) may include the acquisition, construction, provision, improvement, maintenance, repair, 

or restoration (including environmental restoration), or combination thereof, of any facility or infrastructure under the jurisdiction of any office of the Federal Government. 

(3) TREATMENT OF CONSIDERATION RECEIVED.—Consideration in the form of cash payment received by the Secretary 

under paragraph (1) shall be deposited in the separate fund in 

the Treasury described in section 572(a)(1) of title 40, United 

States Code. 

(c) PAYMENT OF COST OF RELEASE.— (1) PAYMENT REQUIRED.—The Secretary of Transportation 

shall require the Port to cover costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by 

the Secretary, to carry out the release under subsection (a), including survey costs, costs for environmental documentation related to the release, and any other administrative costs related 

to the release. If amounts are collected from the Port in advance 

of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to 

carry out the release, the Secretary shall refund the excess 

amount to the Port. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursement under paragraph (1) shall be credited to the 

fund or account that was used to cover the costs incurred by the 

Secretary in carrying out the release under subsection (a) or, if 

the period of availability of obligations for that appropriation 

has expired, to the appropriations of fund that is currently 

available to the Secretary for the same purpose. Amounts so 

credited shall be merged with amounts in such fund or account 

and shall be available for the same purposes, and subject to the 

same conditions and limitations, as amounts in such fund or 

account. 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property which is the subject of the release 

under subsection (a) shall be determined by a survey satisfactory to 

the Secretary of Transportation. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of 

Transportation may require such additional terms and conditions 

in connection with the release under subsection (a) as the Secretary, 


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in consultation with the Administrator of General Services, considers appropriate to protect the interests of the United States. 

SEC. 2829C. MODIFICATION OF LAND CONVEYANCE, ROCKY MOUNTAIN 

ARSENAL NATIONAL WILDLIFE REFUGE. 

Section 5(d)(1) of the Rocky Mountain Arsenal National Wildlife Refuge Act of 1992 (Public Law 102–402; 16 U.S.C. 668dd note) 

is amended by adding at the end the following new subparagraph: 

‘‘(C)(i) Notwithstanding clause (i) of subparagraph (A), the 

restriction attached to any deed to any real property designated 

for disposal under this section that prohibits the use of the 

property for residential or industrial purposes may be modified 

or removed if a determination is made that the property will be 

protective of human health and the environment for the proposed use with an adequate margin of safety following the 

modification or removal of the restriction. 

‘‘(ii) The determination described in clause (i) shall be 

made after— 

‘‘(I) the performance of a risk assessment pursuant to 

the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); and 

‘‘(II) the completion of response actions that are necessary to protect human health and the environment to 

allow for the proposed use. 

‘‘(iii) The Secretary of the Army shall not be responsible or 

liable for any of the following: 

‘‘(I) The cost of the risk assessment performed under 

subclause (I) of clause (ii) or any response actions described 

in subclause (II) of clause (ii). 

‘‘(II) Any damages attributable to the use of property 

for residential or industrial purposes as the result of the 

modification or removal of a deed restriction pursuant to 

clause (i), or the costs of any actions taken in response to 

such damages.’’. 

SEC. 2829D. CLOSURE OF ST. MARYS AIRPORT. 

(a) RELEASE OF RESTRICTIONS.—Subject to subsection (b), the 

United States, acting through the Administrator of the Federal 

Aviation Administration, shall release the city of St. Marys, Georgia, from all restrictions, conditions, and limitations on the use, encumbrance, conveyance, and closure of the St. Marys Airport, to the 

extent such restrictions, conditions, and limitations are enforceable 

by the Administrator. 

(b) REQUIREMENTS FOR RELEASE OF RESTRICTIONS.—The Administrator shall execute the release under subsection (a) once all of 

the following occurs: 

(1) The Secretary of the Navy transfers to the Georgia Department of Transportation the amounts described in subsection 

(c) and requires as an enforceable condition on such transfer 

that all funds transferred shall be used only for airport development (as defined in section 47102 of title 49, United States 

Code) of a general aviation airport in Georgia, consistent with 

planning efforts conducted by the Administrator and the Georgia Department of Transportation. 

(2) The city of St. Marys, for consideration as provided for 

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trative jurisdiction of the Secretary, a restrictive use easement 

in the real property used for the St. Marys Airport, as determined acceptable by the Secretary, under such terms and conditions as the Secretary considers necessary to protect the interests of the United States and prohibiting the future use of such 

property for all aviation-related purposes and any other purposes deemed by the Secretary to be incompatible with the operations, functions, and missions of Naval Submarine Base, 

Kings Bay, Georgia. 

(3) The Secretary obtains an appraisal to determine the fair 

market value of the real property used for the St. Marys Airport 

in the manner described in subsection (c)(1). 

(4) The Administrator fulfills the obligations under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

seq.) in connection with the release under subsection (a). In carrying out such obligations— 

(A) the Administrator shall not assume or consider any 

potential or proposed future redevelopment of the current 

St. Marys airport property; 

(B) any potential new general aviation airport in Georgia shall be deemed to be not connected with the release 

noted in subsection (a) nor the closure of St. Marys Airport; 

and 

(C) any environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for 

a potential general aviation airport in Georgia shall be considered through an environmental review process separate 

and apart from the environmental review made a condition 

of release by this section. 

(c) TRANSFER OF AMOUNTS DESCRIBED.—The amounts described in this subsection are the following: 

(1) An amount equal to the fair market value of the real 

property of the St. Marys Airport, as determined by the Secretary and concurred in by the Administrator, based on an appraisal report and title documentation that— 

(A) is prepared or adopted by the Secretary, and concurred in by the Administrator, not more than 180 days 

prior to the transfer described in subsection (b)(1); and 

(B) meets all requirements of Federal law and the appraisal and documentation standards applicable to the acquisition and disposal of real property interests of the 

United States. 

(2) An amount equal to the unamortized portion of any 

Federal development grants (including grants available under 

a State block grant program established pursuant to section 

47128 of title 49, United States Code), other than used for the 

acquisition of land, paid to the city of St. Marys for use as the 

St. Marys Airport. 

(3) An amount equal to the airport revenues remaining in 

the airport account for the St. Marys Airport as of the date of 

the enactment of this Act and as otherwise due to or received 

by the city of St. Marys after such date of enactment pursuant 

to sections 47107(b) and 47133 of title 49, United States Code. 


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(d) AUTHORIZATION FOR TRANSFER OF FUNDS.—Using funds 

available to the Department of the Navy for operation and maintenance, the Secretary may pay the amounts described in subsection 

(c) to the Georgia Department of Transportation, conditioned as described in subsection (b)(1). 

(e) ADDITIONAL REQUIREMENTS.— 

(1) SURVEY.—The exact acreage and legal description of St. 

Marys Airport shall be determined by a survey satisfactory to 

the Secretary and concurred in by the Administrator. 

(2) PLANNING OF GENERAL AVIATION AIRPORT.—Any planning effort for the development of a new general aviation airport in southeast Georgia using the amounts described in subsection (c) shall be conducted in coordination with the Secretary, and shall ensure that any such airport does not encroach on the operations, functions, and missions of Naval Submarine Base, Kings Bay, Georgia. 

(f) RULE OF CONSTRUCTION.—Nothing in this section may be 

construed to limit the applicability of— 

(1) the requirements and processes under section 46319 of 

title 49, United States Code; 

(2) the requirements and processes under part 157 of title 

14, Code of Federal Regulations; or 

(3) the public notice requirements under section 47107(h)(2) 

of title 49, United States Code. 

SEC. 2829E. 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. 

(a) INCLUSION OF MARK CENTER CAMPUS UNDER PENTAGON

RESERVATION AUTHORITIES.— 

(1) DEFINITION OF PENTAGON RESERVATION.—Paragraph (1) 

of subsection (f) of section 2674 of title 10, United States Code, 

is amended to read as follows: 

‘‘(1) The term ‘Pentagon Reservation’ means the Pentagon, 

the Mark Center Campus, and the Raven Rock Mountain Complex.’’. 

(2) OTHER DEFINITIONS.—Such subsection is further 

amended by adding at the end the following new paragraphs: 

‘‘(3) The term ‘Pentagon’ means that area of land (consisting of approximately 227 acres) and improvements thereon, 

including parking areas, located in Arlington County, Virginia, 

containing the Pentagon Office Building and its supporting facilities. 

‘‘(4) The term ‘Mark Center Campus’ means that area of 

land (consisting of approximately 16 acres) and improvements 

thereon, including parking areas, located in Alexandria, Virginia, and known on the day before the date of the enactment 

of this paragraph as the Fort Belvoir Mark Center Campus. 

‘‘(5) The term ‘Raven Rock Mountain Complex’ means that 

area of land (consisting of approximately 720 acres) and improvements thereon, including parking areas, at the Raven 

Rock Mountain Complex and its supporting facilities located in 

Maryland and Pennsylvania.’’. 


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(3) CONFORMING AMENDMENT RELATING TO LAW ENFORCE- MENT AUTHORITY.—Subsection (b)(1) of such section is amended 

by inserting ‘‘for the Pentagon Reservation and’’ after ‘‘law enforcement and security functions’’. 

(4) CONFORMING AMENDMENT RELATING TO DEFINITIONS.— Subsection (g) of such section is repealed. 

(b) UPDATE TO REFERENCE TO SECRETARY OF DEFENSE AU- THORITY.—Subsection (a) of such section is amended— 

(1) by striking ‘‘Jurisdiction’’ and inserting ‘‘The Secretary 

of Defense has jurisdiction’’; and 

(2) by striking ‘‘is transferred to the Secretary of Defense’’. 

(c) REPEAL OF OBSOLETE REPORTING REQUIREMENT.—Such 

subsection is further amended— 

(1) by striking ‘‘(1)’’ after ‘‘(a)’’; and 

(2) by striking paragraphs (2) and (3). 

(d) SUBSECTION CAPTIONS.—Such section is further amended— 

(1) in subsection (a), as amended by subsection (c) of this 

section, by inserting ‘‘PENTAGON RESERVATION.—’’ after ‘‘(a)’’; 

(2) in subsection (b), by striking ‘‘(b)(1)’’ and inserting ‘‘(b) 

LAW ENFORCEMENT AUTHORITIES AND PERSONNEL.—(1)’’; 

(3) in subsection (c), by striking ‘‘(c)(1)’’ and inserting ‘‘(c) 

REGULATIONS AND ENFORCEMENT.—(1)’’; 

(4) in subsection (d), by inserting ‘‘AUTHORITY TO CHARGE

FOR PROVISION OF CERTAIN SERVICES AND FACILITIES.—’’ after 

‘‘(d)’’; 

(5) in subsection (e), by striking ‘‘(e)(1)’’ and inserting ‘‘(e) 

PENTAGON RESERVATION MAINTENANCE REVOLVING FUND.— 

(1)’’; and 

(6) in subsection (f), by inserting ‘‘DEFINITIONS.—’’ after 

‘‘(f)’’. 

SEC. 2829F. RETURN OF CERTAIN LANDS AT FORT WINGATE, NEW MEXICO, TO THE ORIGINAL INHABITANTS. 

(a) DIVISION AND TREATMENT OF LANDS OF FORMER FORT

WINGATE DEPOT ACTIVITY, NEW MEXICO, TO BENEFIT THE ZUNI

TRIBE AND NAVAJO NATION.— 

(1) IMMEDIATE TRUST ON BEHALF OF ZUNI TRIBE; EXCEPTION.—Subject to valid existing rights and to easements reserved pursuant to subsection (b), all right, title, and interest of 

the United States in and to the lands of Former Fort Wingate 

Depot Activity depicted in dark blue on the map titled ‘‘The Fort 

Wingate Depot Activity Negotiated Property Division April 

2016’’ (in this section referred to as the ‘‘Map’’) and transferred 

to the Secretary of the Interior are to be held in trust by the Secretary of the Interior for the Zuni Tribe as part of the Zuni Reservation, unless the Zuni Tribe otherwise elects under clause (ii) 

of paragraph (3)(C) to have the parcel conveyed to it in Restricted Fee Status. 

(2) IMMEDIATE TRUST ON BEHALF OF THE NAVAJO NATION; 

EXCEPTION.—Subject to valid existing rights and to easements 

reserved pursuant to subsection (b), all right, title, and interest 

of the United States in and to the lands of Former Fort Wingate 

Depot Activity depicted in dark green on the Map and transferred to the Secretary of the Interior are to be held in trust by 

the Secretary of the Interior for the Navajo Nation as part of 

the Navajo Reservation, unless the Navajo Nation otherwise 


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elects under clause (ii) of paragraph (3)(C) to have the parcel 

conveyed to it in Restricted Fee Status. 

(3) SUBSEQUENT TRANSFER AND TRUST; RESTRICTED FEE

STATUS ALTERNATIVE.— (A) TRANSFER UPON COMPLETION OF REMEDIATION.— Not later than 60 days after the date on which the Secretary of the Army, with the concurrence of the New Mexico 

Environment Department, notifies the Secretary of the Interior that remediation of a parcel of land of Former Fort 

Wingate Depot Activity has been completed consistent with 

subsection (c), the Secretary of the Army shall transfer administrative jurisdiction over the parcel to the Secretary of 

the Interior. 

(B) NOTIFICATION OF TRANSFER.—Not later than 30 

days after the date on which the Secretary of the Army 

transfers administrative jurisdiction over a parcel of land 

of Former Fort Wingate Depot Activity under subparagraph 

(A), the Secretary of the Interior shall notify the Zuni Tribe 

and Navajo Nation of the transfer of administrative jurisdiction over the parcel. 

(C) TRUST OR RESTRICTED FEE STATUS.— (i) TRUST.—Except as provided in clause (ii), the 

Secretary of the Interior shall hold each parcel of land 

of Former Fort Wingate Depot Activity transferred 

under subparagraph (A) in trust— 

(I) for the Zuni Tribe, in the case of land depicted in blue on the Map; or 

(II) for the Navajo Nation, in the case of land 

depicted in green on the Map. 

(ii) RESTRICTED FEE STATUS.—In lieu of having a 

parcel of land held in trust under clause (i), the Zuni 

Tribe, with respect to land depicted in blue on the 

Map, and the Navajo Nation, with respect to land depicted in green on the Map, may elect to have the Secretary of the Interior convey the parcel or any portion 

of the parcel to it in restricted fee status. 

(iii) NOTIFICATION OF ELECTION.—Not later than 

45 days after the date on which the Zuni Tribe or the 

Navajo Nation receives notice under subparagraph (B) 

of the transfer of administrative jurisdiction over a 

parcel of land of Former Fort Wingate Depot Activity, 

the Zuni Tribe or the Navajo Nation shall notify the 

Secretary of the Interior of an election under clause (ii) 

for conveyance of the parcel or any portion of the parcel 

in restricted fee status. 

(iv) CONVEYANCE.—As soon as practicable after receipt of a notice from the Zuni Tribe or the Navajo Nation under clause (iii), but in no case later than 6 

months after receipt of the notice, the Secretary of the 

Interior shall convey, in restricted fee status, the parcel 

of land of Former Fort Wingate Depot Activity covered 

by the notice to the Zuni Tribe or the Navajo Nation, 

as the case may be. 

(v) RESTRICTED FEE STATUS DEFINED.—For purposes of this section only, the term ‘‘restricted fee staVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 00780 Fmt 6659 Sfmt 6603 E:\HR\OC\HR840.XXX HR840

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tus’’, with respect to land conveyed under clause (iv), 

means that the land so conveyed— 

(I) shall be owned in fee by the Indian tribe to 

whom the land is conveyed; 

(II) shall be part of the Indian tribe’s Reservation and expressly made subject to the jurisdiction 

of the Indian Tribe; 

(III) shall not be sold by the Indian tribe without the consent of Congress; 

(IV) shall not be subject to taxation by a State 

or local government other than the government of 

the Indian tribe; and 

(V) shall not be subject to any provision of law 

providing for the review or approval by the Secretary of the Interior before an Indian tribe may 

use the land for any purpose, directly or through 

agreement with another party. 

(4) SURVEY AND BOUNDARY REQUIREMENTS.— 

(A) IN GENERAL.—The Secretary of the Interior shall— 

(i) provide for the survey of lands of Former Fort 

Wingate Depot Activity taken into trust for the Zuni 

Tribe or the Navajo Nation or conveyed in restricted fee 

status for the Zuni Tribe or the Navajo Nation under 

paragraph (1), (2), or (3); and 

(ii) establish legal boundaries based on the Map as 

parcels are taken into trust or conveyed in restricted fee 

status. 

(B) CONSULTATION.—Not later than 90 days after the 

date of the enactment of this section, the Secretary of the 

Interior shall consult with the Zuni Tribe and the Navajo 

Nation to determine their priorities regarding the order in 

which parcels should be surveyed and, to the greatest extent 

feasible, the Secretary shall follow these priorities. 

(5) RELATION TO CERTAIN REGULATIONS.—Part 151 of title 

25, Code of Federal Regulations, shall not apply to taking lands 

of Former Fort Wingate Depot Activity into trust under paragraph (1), (2), or (3). 

(6) FORT WINGATE LAUNCH COMPLEX LAND STATUS.—Upon 

certification by the Secretary of Defense that the area generally 

depicted as ‘‘Fort Wingate Launch Complex’’ on the Map is no 

longer required for military purposes and can be transferred to 

the Secretary of the Interior— 

(A) the areas generally depicted as ‘‘FWLC A’’ and 

‘‘FWLC B’’ on the Map shall be held in trust by the Secretary of the Interior for the Zuni Tribe in accordance with 

this subsection; and 

(B) the areas generally depicted as ‘‘FWLC C’’ and 

‘‘FWLC D’’ on the Map shall be held in trust by the Secretary of the Interior for the Navajo Nation in accordance 

with this subsection. 

(b) TEMPORARY RETENTION OF NECESSARY EASEMENTS AND ACCESS.— 

(1) TREATMENT OF EXISTING EASEMENTS, PERMIT RIGHTS, 

AND RIGHTS-OF-WAY.— 


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(A) IN GENERAL.—The lands of Former Fort Wingate 

Depot Activity held in trust or conveyed in restricted fee 

status pursuant to subsection (a) shall be held in trust with 

easements, permit rights, and rights-of-way, and access associated with such easements, permit rights, and rights-ofway, of any applicable utility service provider in existence 

or for which an application is pending for existing facilities 

at the time of the conveyance or change to trust status, including the right to upgrade applicable utility services recognized and preserved, for a period of 40 years beginning 

on the date of the conveyance or change to trust status and 

without the right of revocation during such period (except 

as provided in subparagraph (B)). 

(B) TERMINATION.—During the 40-year period referred 

to in subparagraph (A), an easement, permit right, or rightof-way recognized and preserved under subparagraph (A) 

shall terminate only— 

(i) on the relocation of an applicable utility service 

referred to in subparagraph (A), but only with respect 

to that portion of the utility facilities that are relocated; 

or 

(ii) with the consent of the holder of the easement, 

permit right, or right-of-way. 

(C) ADDITIONAL EASEMENTS.—During the 40-year period referred to in subparagraph (A), the Secretary of the 

Interior shall grant to a utility service provider, without 

consideration, such additional easements across lands held 

in trust or conveyed in restricted fee status pursuant to subsection (a) as the Secretary considers necessary to accommodate the relocation or reconnection of a utility service existing on the date of enactment of this section. 

(2) ACCESS FOR ENVIRONMENTAL RESPONSE ACTIONS.—The 

lands of Former Fort Wingate Depot Activity held in trust or 

conveyed in restricted fee status pursuant to subsection (a) shall 

be subject to reserved access by the United States as the Secretary of the Army and the Secretary of the Interior determine 

are reasonably required to permit access to lands of Former 

Fort Wingate Depot Activity for administrative and environmental response purposes. The Secretary of the Army shall provide to the governments of the Zuni Tribe and the Navajo Nation written copies of all access reservations under this subsection. 

(3) SHARED ACCESS.— 

(A) PARCEL 1 SHARED CULTURAL AND RELIGIOUS ACCESS.—In the case of the lands of Former Fort Wingate 

Depot Activity depicted as Parcel 1 on the Map, the lands 

shall be held in trust subject to a shared easement for cultural and religious purposes only. Both the Zuni Tribe and 

the Navajo Nation shall have unhindered access to their respective cultural and religious sites within Parcel 1. Within 

1 year after the date of the enactment of this section, the 

Zuni Tribe and the Navajo Nation shall exchange detailed 

information to document the existence of cultural and religious sites within Parcel 1 for the purpose of carrying out 


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this subparagraph. The information shall also be provided 

to the Secretary of the Interior. 

(B) OTHER SHARED ACCESS.—Subject to the written 

consent of both the Zuni Tribe and the Navajo Nation, the 

Secretary of the Interior may facilitate shared access to 

other lands held in trust or restricted fee status pursuant 

to subsection (a), including, but not limited to, religious 

and cultural sites. 

(4) I–40 FRONTAGE ROAD ENTRANCE.—The access road for 

the Former Fort Wingate Depot Activity, which originates at the 

frontage road for Interstate 40 and leads to the parcel of the 

Former Fort Wingate Depot Activity depicted as ‘‘administration area’’ on the Map, shall be held in common by the Zuni 

Tribe and Navajo Nation to provide for equal access to Former 

Fort Wingate Depot Activity. 

(5) COMPATIBILITY WITH DEFENSE ACTIVITIES.—The lands of 

Former Fort Wingate Depot Activity held in trust or conveyed 

in restricted fee status pursuant to subsection (a) shall be subject to reservations by the United States as the Secretary of Defense determines are reasonably required to permit access to 

lands of the Fort Wingate launch complex for administrative, 

test operations, and launch operations purposes. The Secretary 

of Defense shall provide the governments of the Zuni Tribe and 

the Navajo Nation written copies of all reservations under this 

paragraph. 

(c) ENVIRONMENTAL REMEDIATION.—Nothing in this section 

shall be construed as alleviating, altering, or affecting the responsibility of the United States for cleanup and remediation of Former 

Fort Wingate Depot Activity in accordance with the Comprehensive 

Environmental Response, Compensation, and Liability Act of 1980. 

(d) PROHIBITION ON GAMING.—Any real property of the Former 

Fort Wingate Depot Activity and all other real property subject to 

this section shall not be eligible, or used, for any gaming activity 

carried out under the Indian Gaming Regulatory Act (25 U.S.C. 

2701 et seq.). 

Subtitle D—Military Memorials, Monuments, and Museums 

SEC. 2831. CYBER CENTER FOR EDUCATION AND INNOVATION-HOME 

OF THE NATIONAL CRYPTOLOGIC MUSEUM. 

(a) AUTHORITY TO ESTABLISH AND OPERATE CENTER.—Chapter 

449 of title 10, United States Code, is amended by adding at the 

end the following new section: 

‘‘§ 4781. Cyber Center for Education and Innovation-Home of 

the National Cryptologic Museum 

‘‘(a) ESTABLISHMENT.—The Secretary of Defense may establish 

at a publicly accessible location at Fort George G. Meade the ‘Cyber 

Center for Education and Innovation-Home of the National 

Cryptologic Museum’ (in this section referred to as the ‘Center’). The 

Center may be used for the identification, curation, storage, and 

public viewing of materials relating to the activities of the National 

Security Agency, its predecessor or successor organizations, and the 

history of cryptology. The Center may contain meeting, conference, 

and classroom facilities that will be used to support such education, 


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training, public outreach, and other purposes as the Secretary considers appropriate. 

‘‘(b) DESIGN, CONSTRUCTION, AND OPERATION.—The Secretary 

may enter into an agreement with the National Cryptologic Museum 

Foundation (in this section referred to as the ‘Foundation’), a nonprofit organization, for the design, construction, and operation of 

the Center. 

‘‘(c) ACCEPTANCE AUTHORITY.— 

‘‘(1) ACCEPTANCE OF FACILITY.—If the Foundation constructs the Center pursuant to an agreement with the Foundation under subsection (b), upon satisfactory completion of the 

Center’s construction or any phase thereof, as determined by the 

Secretary, and upon full satisfaction by the Foundation of any 

other obligations pursuant to such agreement, the Secretary 

may accept the Center (or any phase thereof) from the Foundation, and all right, title, and interest in the Center or such 

phase shall vest in the United States. 

‘‘(2) ACCEPTANCE OF SERVICES.—Notwithstanding section 

1342 of title 31, the Secretary may accept services from the 

Foundation in connection with the design, construction, and operation of the Center. For purposes of this section and any other 

provision of law, employees or personnel of the Foundation 

shall not be considered to be employees of the United States. 

‘‘(d) FEES AND USER CHARGES.— 

‘‘(1) AUTHORITY TO ASSESS FEES AND USER CHARGES.—The 

Secretary may assess fees and user charges sufficient to cover 

the cost of the use of Center facilities and property, including 

rental, user, conference, and concession fees. 

‘‘(2) USE OF FUNDS.—Amounts received by the Secretary 

under paragraph (1) shall be deposited into the Fund established under subsection (e). 

‘‘(e) FUND.— 

‘‘(1) ESTABLISHMENT.—Upon the Secretary’s acceptance of 

the Center under subsection (c)(1), there is established in the 

Treasury a fund to be known as the Cyber Center for Education 

and Innovation-Home of the National Cryptologic Museum 

Fund (in this section referred to as the ‘Fund’). 

‘‘(2) CONTENTS.—The Fund shall consist of the following 

amounts: 

‘‘(A) Fees and user charges deposited by the Secretary 

under subsection (d). 

‘‘(B) Any other amounts received by the Secretary 

which are attributable to the operation of the Center. 

‘‘(3) USE OF FUND.—Amounts in the Fund shall be available to the Secretary for the benefit and operation of the Center, 

including the costs of operation and the acquisition of books, 

manuscripts, works of art, historical artifacts, drawings, plans, 

models, and condemned or obsolete combat materiel. 

‘‘(4) CONTINUING AVAILABILITY OF AMOUNTS.—Amounts in 

the Fund shall be available without fiscal year limitation.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item: 

‘‘4781. Cyber Center for Education and Innovation-Home of the National Cryptologic 

Museum.’’. 


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SEC. 2832. RENAMING SITE OF THE DAYTON AVIATION HERITAGE NATIONAL HISTORICAL PARK, OHIO. 

Section 101(b)(5) of the Dayton Aviation Heritage Preservation 

Act of 1992 (16 U.S.C. 410ww(b)(5)) is amended by striking ‘‘Aviation Center’’ and inserting ‘‘National Museum’’. 

SEC. 2833. WOMEN’S MILITARY SERVICE MEMORIALS AND MUSEUMS. 

(a) AUTHORIZATION.—The Secretary of Defense may provide not more than $5,000,000 in financial support for the acquisition, installation, and maintenance of exhibits, facilities, historical displays, and programs at military service memorials and museums 

that highlight the role of women in the military. The Secretary may 

enter into a contract with a nonprofit organization for the purpose 

of performing such acquisition, installation, and maintenance. 

(b) OFFSET.—Of the funds authorized to be appropriated by section 301 for operation and maintenance, Army, and available for 

the National Museum of the United States Army, not more than 

$5,000,000 shall be provided, at the discretion of the Secretary of 

Defense, to carry out activities under subsection (a). 

SEC. 2834. PETERSBURG NATIONAL BATTLEFIELD BOUNDARY MODIFICATION. 

(a) IN GENERAL.—The boundary of the Petersburg National 

Battlefield is modified to include the land and interests in land as 

generally depicted on the map titled ‘‘Petersburg National Battlefield Proposed Boundary Expansion’’, numbered 325/80,080, and 

dated June 2007/March 2016. The map shall be on file and available for public inspection in the appropriate offices of the National 

Park Service. 

(b) ACQUISITION OF PROPERTIES.— (1) AUTHORITY.—The Secretary of the Interior (referred to 

in this section as the ‘‘Secretary’’) is authorized to acquire the 

land and interests in land described in subsection (a) from willing sellers only, by donation, purchase with donated or appropriated funds, exchange, or transfer. 

(2) TECHNICAL CORRECTION.—Section 313(a) of the National Parks and Recreation Act of 1978 (Public Law 95–625; 

92 Stat. 3479) is amended by striking ‘‘twenty-one’’ and inserting ‘‘23’’. 

(c) ADMINISTRATION.—The Secretary shall administer any land 

or interests in land acquired under subsection (b) as part of the Petersburg National Battlefield in accordance with applicable laws 

and regulations. 

(d) ADMINISTRATIVE JURISDICTION TRANSFER.— 

(1) IN GENERAL.—There is transferred— 

(A) from the Secretary to the Secretary of the Army administrative jurisdiction over the approximately 1.170-acre 

parcel of land depicted as ‘‘Area to be transferred to Fort 

Lee Military Reservation’’ on the map described in paragraph (2); and 

(B) from the Secretary of the Army to the Secretary administrative jurisdiction over the approximately 1.171-acre 

parcel of land depicted as ‘‘Area to be transferred to Petersburg National Battlefield’’ on the map described in paragraph (2). 

(2) MAP.—The parcels of land described in paragraph (1) 

are depicted on the map titled ‘‘Petersburg National Battlefield 


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Proposed Transfer of Administrative Jurisdiction’’, numbered 

325/80,801A, dated May 2011/March 2016. The map shall be 

on file and available for public inspection in the appropriate offices of the National Park Service. 

(3) CONDITIONS OF TRANSFER.—The transfer of administrative jurisdiction under paragraph (1) is subject to the following 

conditions: 

(A) NO REIMBURSEMENT OR CONSIDERATION.—The 

transfer shall be without reimbursement or consideration. 

(B) MANAGEMENT.— 

(i) LAND TRANSFERRED TO THE SECRETARY OF THE

ARMY.—The land transferred to the Secretary of the 

Army under paragraph (1)(A) shall be excluded from 

the boundary of the Petersburg National Battlefield. 

(ii) LAND TRANSFERRED TO THE SECRETARY.—The 

land transferred to the Secretary under paragraph 

(1)(B)— 

(I) shall be included within the boundary of 

the Petersburg National Battlefield; and 

(II) shall be administered as part of Petersburg National Battlefield in accordance with applicable laws and regulations. 

Subtitle E—Designations and Other Matters 

SEC. 2841. DESIGNATION OF PORTION OF MOFFETT FEDERAL AIRFIELD, CALIFORNIA, AS MOFFETT AIR NATIONAL GUARD 

BASE. 

(a) DESIGNATION.—The 111-acre cantonment area at Moffett 

Federal Airfield, California, utilized by the 129th Rescue Wing of 

the California Air National Guard shall be known and designated 

as ‘‘Moffett Air National Guard Base’’. 

(b) REFERENCES.—Any reference in any law, regulation, map, 

document, paper, or other record of the United States to the cantonment area at Moffett Federal Airfield described in subsection (a) 

shall be considered to be a reference to Moffett Air National Guard 

Base. 

SEC. 2842. REDESIGNATION OF MIKE O’CALLAGHAN FEDERAL MEDICAL 

CENTER. 

Section 2867 of the Military Construction Authorization Act for 

Fiscal Year 1997 (division B of Public Law 104–201; 110 Stat. 

2806), as amended by section 8135(a) of the Department of Defense 

Appropriations Act, 1997 (section 101(b) of division A of the Omnibus Consolidated Appropriations Act, 1997 (Public Law 104–208; 

110 Stat. 3009–118)), and as amended by section 2862 of the Military Construction Authorization Act for Fiscal Year 2012 (division 

B of Public Law 112–81; 125 Stat. 1701), is further amended— 

(1) by striking ‘‘Mike O’Callaghan Federal Medical Center’’ 

each place it appears and inserting ‘‘Mike O’Callaghan Military 

Medical Center’’; and 

(2) in the heading, by striking ‘‘MIKE O’CALLAGHAN’’ and 

all that follows and inserting ‘‘MIKE O’CALLAGHAN MILITARY

MEDICAL CENTER.’’. 


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SEC. 2843. REPLENISHMENT OF SIERRA VISTA SUBWATERSHED REGIONAL AQUIFER, ARIZONA. 

The Secretary of the Army or the Secretary of the Interior may 

enter into agreements with the Cochise Conservation Recharge Network, Arizona, in support of water conservation, recharge, and reuse 

efforts for the regional aquifer identified under section 321(g) of the 

National Defense Authorization Act for Fiscal Year 2004 (Public 

Law 108–136; 117 Stat. 1439). 

SEC. 2844. LIMITED EXCEPTIONS TO RESTRICTION ON DEVELOPMENT 

OF PUBLIC INFRASTRUCTURE IN CONNECTION WITH REALIGNMENT OF MARINE CORPS FORCES IN ASIA-PACIFIC 

REGION. 

(a) REVISION.—Notwithstanding section 2821(b) of the Military 

Construction Authorization Act for Fiscal Year 2015 (division B of 

Public Law 113–291; 128 Stat. 3701), the Secretary of Defense may 

proceed with a public infrastructure project on Guam which is described in subsection (b) if— 

(1) the project was identified in the report prepared by the 

Secretary of Defense under section 2822(d)(2) of the Military 

Construction Authorization Act for Fiscal Year 2014 (division B 

of Public Law 113–66; 127 Stat. 1017); and 

(2) amounts have been appropriated or made available to 

be expended by the Department of Defense for the project. 

(b) PROJECTS DESCRIBED.—A project described in this subsection is any of the following: 

(1) A project intended to improve water and wastewater 

systems. 

(2) A project intended to improve curation of archeological 

and cultural artifacts. 

(c) REPEAL OF SUPERSEDED LAW.—Section 2821 of the Military 

Construction Authorization Act for Fiscal Year 2016 (division B of 

Public Law 114–92; 129 Stat. 1177) is repealed. 

SEC. 2845. DURATION OF WITHDRAWAL AND RESERVATION OF PUBLIC 

LAND, NAVAL AIR WEAPONS STATION CHINA LAKE, CALIFORNIA. 

Section 2979 of the Military Construction Authorization Act for 

Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 1047) 

is amended by striking ‘‘March 31, 2039’’ and inserting ‘‘March 31, 

2064’’. 

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. 

SEC. 2901. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

The Secretary of the Navy may acquire real property and carry 

out the military construction projects for the installations outside 

the United States, and in the amounts, set forth in the following 

table: 

NAVY: OUTSIDE THE UNITED STATES

Country Installation Amount 

Djibouti ............................... Camp Lemonier .................................................... $37,409,000 


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NAVY: OUTSIDE THE UNITED STATES—Continued 

Country Installation Amount 

Iceland ................................. Keflavik ................................................................. $19,600,000 

SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

The Secretary of the Air Force may acquire real property and 

carry out the military construction projects for the installations outside the United States, and in the amounts, set forth in the following table: 

AIR FORCE: OUTSIDE THE UNITED STATES

Country Installation Amount 

Bulgaria .............................. Graf Ignatievo ....................................................... $13,400,000 

Djibouti ............................... Chabelley Airfield ................................................. $10,500,000 

Estonia ................................ Amari Air Base ..................................................... $6,500,000 

Germany .............................. Spangdahlem Air Base ........................................ $18,700,000 

Lithuania ............................ Siauliai .................................................................. $3,000,000 

Poland ................................. Powidz Air Base ................................................... $4,100,000 

Lask Air Base ....................................................... $4,100,000 

Romania .............................. Campia Turzii ...................................................... $18,500,000 

SEC. 2903. AUTHORIZATION OF APPROPRIATIONS. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2016, for the military construction 

projects outside the United States authorized by this title as specified in the funding table in section 4602 and 4603. 

TITLE XXX—UTAH TEST AND TRAINING RANGE AND RELATED 

MATTERS 

Subtitle A—Authorization for Temporary Closure of Certain Public Land Adjacent 

to the Utah Test and Training Range 

Sec. 3001. Definitions. 

Sec. 3002. Memorandum of agreement. 

Sec. 3003. Temporary closures. 

Sec. 3004. Liability. 

Sec. 3005. Community resource advisory group. 

Sec. 3006. Savings clauses. 

Subtitle B—Bureau of Land Management Land Exchange With State of Utah 

Sec. 3011. Definitions. 

Sec. 3012. Exchange of Federal land and non-Federal land. 

Sec. 3013. Status and management of non-Federal land acquired by the United 

States. 

Sec. 3014. Hazardous substances. 

Subtitle A—Authorization for Temporary Closure of Certain 

Public Land Adjacent to the Utah Test and Training Range 

SEC. 3001. DEFINITIONS. 

In this subtitle: 

(1) BLM LAND.—The term ‘‘BLM land’’ means certain public land administered by the Bureau of Land Management in 

the State comprising approximately 703,621 acres, as generally 

depicted on the map entitled ‘‘Utah Test and Training Range 

Enhancement/West Desert Land Exchange’’ and dated July 21, 

2016. 


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(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(3) STATE.—The term ‘‘State’’ means the State of Utah. 

(4) UTAH TEST AND TRAINING RANGE.—The term ‘‘Utah Test 

and Training Range’’ means the portions of the military land 

and airspace operating area of the Utah Test and Training 

Area that are located in the State, including the Dugway Proving Ground. 

SEC. 3002. MEMORANDUM OF AGREEMENT. 

(a) MEMORANDUM OF AGREEMENT.— (1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of the Air 

Force shall enter into a memorandum of agreement to authorize 

the Secretary of the Air Force, in consultation with the Secretary, to impose limited closures of the BLM land for military 

operations and national security and public safety purposes, as 

provided in this subtitle. 

(2) DRAFT.— (A) IN GENERAL.—Not later than 180 days after the 

date of enactment of this Act, the Secretary and the Secretary of the Air Force shall complete a draft of the memorandum of agreement required under paragraph (1). 

(B) PUBLIC COMMENT PERIOD.—During the 30-day period beginning on the date on which the draft memorandum of agreement is completed under subparagraph 

(A), there shall be an opportunity for public comment on 

the draft memorandum of agreement, including an opportunity for the Utah Test and Training Range Community 

Resource Advisory Group established under section 3005 to 

provide comments on the draft memorandum of agreement. 

(3) MANAGEMENT BY SECRETARY.—The memorandum of 

agreement entered into under paragraph (1) shall provide that 

the Secretary shall continue to manage the BLM land in accordance with the Federal Land Policy and Management Act of 

1976 (43 U.S.C. 1701 et seq.) and applicable land use plans, 

while allowing for the temporary closure of the BLM land in accordance with this subtitle. 

(4) PERMITS AND RIGHTS-OF-WAY.— (A) IN GENERAL.—The Secretary shall consult with the 

Secretary of the Air Force regarding Utah Test and Training Range mission requirements before issuing new use permits or rights-of-way on the BLM land. 

(B) FRAMEWORK.—The Secretary and the Secretary of 

the Air Force shall establish within the memorandum of 

agreement entered into under paragraph (1) a framework 

agreed to by the Secretary and the Secretary of the Air 

Force for resolving any disagreement on the issuance of permits or rights-of-way on the BLM land. 

(5) TERMINATION.— 

(A) IN GENERAL.—The memorandum of agreement entered into under paragraph (1) shall be for a term to be determined by the Secretary and the Secretary of the Air 

Force, not to exceed 25 years. 

(B) EARLY TERMINATION.—The memorandum of agreement may be terminated before the date determined under 


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subparagraph (A) if the Secretary of the Air Force determines that the temporary closure of the BLM land is no 

longer necessary to fulfill Utah Test and Training Range 

mission requirements. 

(b) MAP.—The Secretary may correct any minor errors in the 

map described in section 3001(1). 

(c) LAND SAFETY.—If decontamination of the BLM land is necessary due to an action of the Air Force, the Secretary of the Air 

Force shall— 

(1) render the BLM land safe for public use; and 

(2) appropriately communicate the safety of the land to the 

Secretary on the date on which the BLM land is rendered safe 

for public use under paragraph (1). 

(d) CONSULTATION.—The Secretary shall consult with any federally recognized Indian tribe in the vicinity of the BLM land before 

entering into any agreement under this subtitle. 

(e) GRAZING.— 

(1) EFFECT.—Nothing in this subtitle affects the management of grazing on the BLM land. 

(2) CONTINUATION OF GRAZING MANAGEMENT.—The Secretary shall continue grazing management on the BLM land 

pursuant to the Federal Land Policy and Management Act of 

1976 (43 U.S.C. 1701 et seq.) and applicable resource management plans. 

(f) MEMORANDUM OF UNDERSTANDING ON EMERGENCY ACCESS

AND RESPONSE.—Nothing in this section precludes the continuation 

of the memorandum of understanding between the Department of 

the Interior and the Department of the Air Force with respect to 

emergency access and response, as in existence on the date of enactment of this Act. 

(g) WITHDRAWAL.—Subject to valid existing rights, the BLM 

land is withdrawn from all forms of appropriation under the public 

land laws, including the mining laws, the mineral leasing laws, 

and the geothermal leasing laws. 

SEC. 3003. TEMPORARY CLOSURES. 

(a) IN GENERAL.—If the Secretary of the Air Force determines 

that military operations (including operations relating to the fulfillment of the mission of the Utah Test and Training Range), public 

safety, or national security require the temporary closure to public 

use of any road, trail, or other portion of the BLM land, the Secretary of the Air Force may take such action as the Secretary of the 

Air Force, in consultation with the Secretary, determines necessary 

to carry out the temporary closure. 

(b) LIMITATIONS.—Any temporary closure under subsection (a)— 

(1) shall be limited to the minimum areas and periods that 

the Secretary of the Air Force determines are required to carry 

out a closure under this section; 

(2) shall not occur on a State or Federal holiday, unless notice is provided in accordance with subsection (c)(1)(B); 

(3) shall not occur on a Friday, Saturday, or Sunday, unless notice is provided in accordance with subsection (c)(1)(B); 

and 

(4)(A) if practicable, shall be for not longer than a 3-hour 

period per day; 


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(B) shall only be for longer than a 3-hour period per 

day— 

(i) for mission essential reasons; and 

(ii) as infrequently as practicable and in no case 

for more than 10 days per year; and 

(C) shall in no case be for longer than a 6-hour period 

per day. 

(c) NOTICE.— (1) IN GENERAL.—Except as provided in paragraph (2), the 

Secretary of the Air Force shall— 

(A) keep appropriate warning notices posted before and 

during any temporary closure; and 

(B) provide notice to the Secretary, public, and relevant 

stakeholders concerning the temporary closure— 

(i) at least 30 days before the date on which the 

temporary closure goes into effect; 

(ii) in the case of a closure during the period beginning on March 1 and ending on May 31, at least 60 

days before the date on which the closure goes into effect; or 

(iii) in the case of a closure described in paragraph 

(3) or (4) of subsection (b), at least 90 days before the 

date on which the closure goes into effect. 

(2) SPECIAL NOTIFICATION PROCEDURES.—In each case for 

which a mission-unique security requirement does not allow for 

the notifications described in paragraph (1)(B), the Secretary of 

the Air Force shall work with the Secretary to achieve a mutually agreeable timeline for notification. 

(d) MAXIMUM ANNUAL CLOSURES.—The total cumulative hours 

of temporary closures authorized under this section with respect to 

the BLM land shall not exceed 100 hours annually. 

(e) PROHIBITION ON CERTAIN TEMPORARY CLOSURES.—The 

northernmost area identified as ‘‘Newfoundland’s’’ on the map described in section 3001(1) shall not be subject to any temporary closure between August 21 and February 28, in accordance with the 

lawful hunting seasons of the State of Utah. 

(f) EMERGENCY GROUND RESPONSE.—A temporary closure of a 

portion of the BLM land shall not affect the conduct of emergency 

response activities on the BLM land during the temporary closure. 

(g) LIVESTOCK.—Livestock authorized by a Federal grazing permit shall be allowed to remain on the BLM land during a temporary closure of the BLM land under this section. 

(h) LAW ENFORCEMENT AND SECURITY.—The Secretary and the 

Secretary of the Air Force may enter into cooperative agreements 

with State and local law enforcement officials with respect to lawful 

procedures and protocols to be used in promoting public safety and 

operation security on or near the BLM land during noticed test and 

training periods. 

SEC. 3004. LIABILITY. 

The United States (including all departments, agencies, officers, 

and employees of the United States) shall be held harmless and 

shall not be liable for any injury or damage to any individual or 

property suffered in the course of any mining, mineral, or geothermal activity, or any other authorized nondefense-related activity, conducted on the BLM land. 


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SEC. 3005. COMMUNITY RESOURCE ADVISORY GROUP. 

(a) ESTABLISHMENT.—Not later than 90 days after the date of 

enactment of this Act, there shall be established the Utah Test and 

Training Range Community Resource Advisory Group (referred to 

in this section as the ‘‘Community Group’’) to provide regular and 

continuing input to the Secretary and the Secretary of the Air Force 

on matters involving public access to, use of, and overall management of the BLM land. 

(b) MEMBERSHIP.— 

(1) IN GENERAL.—The Secretary shall appoint members to 

the Community Group, including— 

(A) 1 representative of Indian tribes in the vicinity of 

the BLM land, to be nominated by a majority vote conducted among the Indian tribes in the vicinity of the BLM 

land; 

(B) not more than 1 county commissioner from each of 

Box Elder, Tooele, and Juab Counties, Utah; 

(C) 2 representatives of off-road and highway use, 

hunting, or other recreational users of the BLM land; 

(D) 2 representatives of livestock permittees on public 

land located within the BLM land; 

(E) 1 representative of the Utah Department of Agriculture and Food; and 

(F) not more than 3 representatives of State or Federal 

offices or agencies, or private groups or individuals, if the 

Secretary determines that such representatives would further the goals and objectives of the Community Group. 

(2) CHAIRPERSON.—The members described in paragraph 

(1) shall elect from among the members of the Community 

Group— 

(A) 1 member to serve as Chairperson of the Community Group; and 

(B) 1 member to serve as Vice-Chairperson of the Community Group. 

(3) AIR FORCE PERSONNEL.—The Secretary of the Air Force 

shall appoint appropriate operational and land management 

personnel of the Air Force to serve as a liaison to the Community Group. 

(c) CONDITIONS AND TERMS OF APPOINTMENT.— 

(1) IN GENERAL.—Each member of the Community Group 

shall serve voluntarily and without compensation. 

(2) TERM OF APPOINTMENT.— (A) IN GENERAL.—Each member of the Community 

Group shall be appointed for a term of 4 years. 

(B) ORIGINAL MEMBERS.—Notwithstanding subparagraph (A), the Secretary shall select 1⁄2 of the original members of the Community Group to serve for a term of 4 years 

and the other 1⁄2 of the original members of the Community 

Group to serve for a term of 2 years, to ensure the replacement of members shall be staggered from year to year. 

(C) REAPPOINTMENT AND REPLACEMENT.—The Secretary may reappoint or replace a member of the Community Group appointed under subsection (b)(1), if— 

(i) the term of the member has expired; 

(ii) the member has resigned; or 


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(iii) the position held by the member described in 

subparagraph (A) through (F) of paragraph (1) has 

changed to the extent that the ability of the member to 

represent the group or entity that the member represents has been significantly affected. 

(d) MEETINGS.— 

(1) IN GENERAL.—The Community Group shall meet not 

less than once per year, and at such other frequencies as determined by 5 or more of the members of the Community Group. 

(2) RESPONSIBILITIES OF COMMUNITY GROUP.—The Community Group shall be responsible for determining appropriate 

schedules for, details of, and actions for meetings of the Community Group. 

(3) NOTICE.—The Chairperson shall provide notice to each 

member of the Community Group not less than 10 business 

days before the date of a scheduled meeting. 

(4) EXEMPT FROM FEDERAL ADVISORY COMMITTEE ACT.—The 

Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 

to meetings of the Community Group. 

(e) RECOMMENDATIONS OF COMMUNITY GROUP.—The Secretary 

and Secretary of the Air Force, consistent with existing laws (including regulations), shall take under consideration recommendations 

from the Community Group. 

(f) TERMINATION OF AUTHORITY.— 

(1) IN GENERAL.—The Community Group shall terminate 

on the date that is seven years after the date of enactment of 

this Act. 

(2) EARLY TERMINATION.—The Secretary and the Community Group, acting jointly, may elect to terminate the Community Group before the date provided in subsection (a). 

SEC. 3006. SAVINGS CLAUSES. 

(a) EFFECT ON WEAPON IMPACT AREA.—Nothing in this subtitle 

expands the boundaries of the weapon impact area of the Utah Test 

and Training Range. 

(b) EFFECT ON SPECIAL USE AIRSPACE AND TRAINING

ROUTES.—Nothing in this subtitle precludes— 

(1) the designation of new units of special use airspace; or 

(2) the expansion of existing units of special use airspace. 

(c) EFFECT ON EXISTING MILITARY SPECIAL USE AIRSPACE

AGREEMENT.—Nothing in this subtitle limits or alters the Military 

Operating Areas of Airspace Use Agreement between the Federal 

Aviation Administration and the Air Force in effect on the date of 

enactment of this Act. 

(d) EFFECT ON EXISTING RIGHTS AND AGREEMENTS.—Except as 

otherwise provided in section 3003, nothing in this subtitle limits or 

alters any existing right or right of access to— 

(1) the Knolls Special Recreation Management Area; or 

(2)(A) the Bureau of Land Management Community Pits 

Central Grayback and South Grayback; and 

(B) any other county or community pit located within close 

proximity to the BLM land. 

(e) INTERSTATE 80.—Nothing in this subtitle authorizes any additional authority or right to the Secretary or the Secretary of the 

Air Force to temporarily close Interstate 80. 


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(f) EFFECT ON LIMITATION ON AMENDMENTS TO CERTAIN INDIVIDUAL RESOURCE MANAGEMENT PLANS.—Nothing in this subtitle 

affects the limitation established under section 2815(d) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 

106–65; 113 Stat. 852). 

(g) EFFECT ON PREVIOUS MEMORANDUM OF UNDERSTANDING.— 

Nothing in this subtitle affects the memorandum of understanding 

entered into by the Air Force, the Bureau of Land Management, the 

Utah Department of Natural Resources, and the Utah Division of 

Wildlife Resources relating to the reestablishment of bighorn sheep 

in the Newfoundland Mountains and signed by the parties to the 

memorandum of understanding during the period beginning on 

January 24, 2000, and ending on February 4, 2000. 

(h) EFFECT ON FEDERALLY RECOGNIZED INDIAN TRIBES.—Nothing in this subtitle alters any right reserved by treaty or Federal law 

for a Federally recognized Indian tribe for tribal use. 

(i) PAYMENTS IN LIEU OF TAXES.—Nothing in this subtitle diminishes, enhances, or otherwise affects any other right or entitlement of the counties in which the BLM land is situated to payments 

in lieu of taxes based on the BLM land, under section 6901 of title 

31, United States Code. 

(j) WILDLIFE IMPROVEMENTS.—The Secretary and the Utah Division of Wildlife Resources shall continue the management of wildlife improvements, including guzzlers, in existence as of the date of 

enactment of this Act on the BLM land. 

Subtitle B—Bureau of Land Management Land Exchange 

With State of Utah 

SEC. 3011. DEFINITIONS. 

In this subtitle: 

(1) EXCHANGE MAP.—The term ‘‘Exchange Map’’ means the 

map prepared by the Bureau of Land Management entitled 

‘‘Utah Test and Training Range Enhancement/West Desert 

Land Exchange’’ and dated Jule 21, 2016. 

(2) FEDERAL LAND.—The term ‘‘Federal land’’ means the 

Bureau of Land Management land located in Box Elder, Millard, Juab, Tooele, and Beaver Counties, Utah, that is identified on the Exchange Map as ‘‘BLM Lands Proposed for Transfer to State Trust Lands’’. 

(3) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’ 

means the land owned by the State in Box Elder, Tooele, and 

Juab Counties, Utah, that is identified on the Exchange Map 

as— 

(A) ‘‘State Trust Land Proposed for Transfer to BLM’’; 

and 

(B) ‘‘State Trust Minerals Proposed for Transfer to 

BLM’’. 

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(5) STATE.—The term ‘‘State’’ means the State of Utah, acting through the School and Institutional Trust Lands Administration. 


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SEC. 3012. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL LAND. 

(a) IN GENERAL.—If the State offers to convey to the United 

States title to the non-Federal land, the Secretary shall— 

(1) accept the offer; and 

(2) on receipt of all right, title, and interest in and to the 

non-Federal land, convey to the State (or a designee) all right, 

title, and interest of the United States in and to the Federal 

land. 

(b) APPLICABLE LAW.— 

(1) IN GENERAL.—The land exchange shall be subject to section 206 of the Federal Land Policy and Management Act of 

1976 (43 U.S.C. 1716) and other applicable law. 

(2) EFFECT OF STUDY.—The Secretary shall carry out the 

land exchange under this subtitle notwithstanding section 

2815(d) of the National Defense Authorization Act for Fiscal 

Year 2000 (Public Law 106–65; 113 Stat. 852). 

(3) LAND USE PLANNING.—The Secretary shall not be required to undertake any additional land use planning under 

section 202 of the Federal Land Policy and Management Act of 

1976 (43 U.S.C. 1712) before the conveyance of the Federal land 

under this subtitle. 

(c) VALID EXISTING RIGHTS.—The exchange authorized under 

subsection (a) shall be subject to valid existing rights. 

(d) TITLE APPROVAL.—Title to the Federal land and non-Federal land to be exchanged under this subtitle shall be in a format 

acceptable to the Secretary and the State. 

(e) APPRAISALS.— 

(1) IN GENERAL.—The value of the Federal land and the 

non-Federal land to be exchanged under this subtitle shall be 

determined by appraisals conducted by 1 or more independent 

and qualified appraisers. 

(2) STATE APPRAISER.—The Secretary and the State may 

agree to use an independent and qualified appraiser retained by 

the State, with the consent of the Secretary. 

(3) APPLICABLE LAW.—The appraisals under paragraph (1) 

shall be conducted in accordance with nationally recognized appraisal standards, including, as appropriate, the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice. 

(4) MINERALS.— 

(A) MINERAL REPORTS.—The appraisals under paragraph (1) may take into account mineral and technical reports provided by the Secretary and the State in the evaluation of minerals in the Federal land and non-Federal land. 

(B) MINING CLAIMS.—Federal land that is encumbered 

by a mining or millsite claim located under sections 2318 

through 2352 of the Revised Statutes (commonly known as 

the ‘‘Mining Law of 1872’’) (30 U.S.C. 21 et seq.) shall be 

appraised in accordance with standard appraisal practices, 

including, as appropriate, the Uniform Appraisal Standards for Federal Land Acquisition. 

(C) VALIDITY EXAMINATION.—Nothing in this subtitle 

requires the Secretary to conduct a mineral examination for 

any mining claim on the Federal land. 


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(5) APPROVAL.—An appraisal conducted under paragraph 

(1) shall be submitted to the Secretary and the State for approval. 

(6) DURATION.—An appraisal conducted under paragraph 

(1) shall remain valid for 3 years after the date on which the 

appraisal is approved by the Secretary and the State. 

(7) COST OF APPRAISAL.— (A) IN GENERAL.—The cost of an appraisal conducted 

under paragraph (1) shall be paid equally by the Secretary 

and the State. 

(B) REIMBURSEMENT BY SECRETARY.—If the State retains an appraiser in accordance with paragraph (2), the 

Secretary shall reimburse the State in an amount equal to 

50 percent of the costs incurred by the State. 

(f) CONVEYANCE OF TITLE.—It is the intent of Congress that the 

land exchange authorized under this subtitle shall be completed not 

later than 1 year after the date of final approval by the Secretary 

and the State of the appraisals conducted under subsection (e). 

(g) PUBLIC INSPECTION AND NOTICE.— 

(1) PUBLIC INSPECTION.—At least 30 days before the date of 

conveyance of the Federal land and non-Federal land, all final 

appraisals and appraisal reviews for the Federal land and nonFederal land to be exchanged under this subtitle shall be available for public review at the office of the State Director of the 

Bureau of Land Management in the State. 

(2) NOTICE.—The Secretary or the State, as applicable, 

shall publish in a newspaper of general circulation in Salt Lake 

County, Utah, a notice that the appraisals conducted under 

subsection (e) are available for public inspection. 

(h) CONSULTATION WITH INDIAN TRIBES.—The Secretary shall 

consult with any federally recognized Indian tribe in the vicinity of 

the Federal land and non-Federal land to be exchanged under this 

subtitle before the completion of the land exchange. 

(i) EQUAL VALUE EXCHANGE.— 

(1) IN GENERAL.—The value of the Federal land and nonFederal land to be exchanged under this subtitle— 

(A) shall be equal; or 

(B) shall be made equal in accordance with paragraph 

(2). 

(2) EQUALIZATION.— 

(A) SURPLUS OF FEDERAL LAND.— 

(i) IN GENERAL.—If the value of the Federal land 

exceeds the value of the non-Federal land, the value of 

the Federal land and non-Federal land shall be equalized by the State conveying to the Secretary, as necessary to equalize the value of the Federal land and 

non-Federal land— 

(I) State trust land parcel 1, as described in 

the assessment entitled ‘‘Bureau of Land Management Environmental Assessment UT–100–06–EA’’, 

numbered UTU–82090, and dated March 2008; or 

(II) State trust land located within any of the 

wilderness areas or national conservation areas in 

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agement Act of 2009 (Public Law 111–11; 123 Stat. 

1075). 

(ii) ORDER OF CONVEYANCES.—Any non-Federal 

land required to be conveyed to the Secretary under 

clause (i) shall be conveyed until the value of the Federal land and non-Federal land is equalized. 

(B) SURPLUS OF NON-FEDERAL LAND.—If the value of 

the non-Federal land exceeds the value of the Federal land, 

the value of the Federal land and the non-Federal land 

shall be equalized— 

(i) by the Secretary making a cash equalization 

payment to the State, in accordance with section 206(b) 

of the Federal Land Policy and Management Act of 

1976 (43 U.S.C. 1716(b)); or 

(ii) by removing non-Federal land from the exchange. 

(j) GRAZING PERMITS.— 

(1) IN GENERAL.—If the Federal land or non-Federal land 

exchanged under this subtitle is subject to a lease, permit, or 

contract for the grazing of domestic livestock in effect on the 

date of acquisition, the Secretary and the State shall allow the 

grazing to continue for the remainder of the term of the lease, 

permit, or contract, subject to the related terms and conditions 

of user agreements, including permitted stocking rates, grazing 

fee levels, access rights, and ownership and use of range improvements. 

(2) RENEWAL.—To the extent allowed by Federal or State 

law, on expiration of any grazing lease, permit, or contract described in paragraph (1), the holder of the lease, permit, or contract shall be entitled to a preference right to renew the lease, 

permit, or contract. 

(3) CANCELLATION.— 

(A) IN GENERAL.—Nothing in this subtitle prevents the 

Secretary or the State from canceling or modifying a grazing permit, lease, or contract if the Federal land or nonFederal land subject to the permit, lease, or contract is 

sold, conveyed, transferred, or leased for non-grazing purposes by the Secretary or the State. 

(B) LIMITATION.—Except to the extent reasonably necessary to accommodate surface operations in support of 

mineral development, the Secretary or the State shall not 

cancel or modify a grazing permit, lease, or contract because the land subject to the permit, lease, or contract has 

been leased for mineral development. 

(4) BASE PROPERTIES.—If non-Federal land conveyed by the 

State under this subtitle is used by a grazing permittee or lessee 

to meet the base property requirements for a Federal grazing 

permit or lease, the land shall continue to qualify as a base 

property for— 

(A) the remaining term of the lease or permit; and 

(B) the term of any renewal or extension of the lease or 

permit. 

(k) WITHDRAWAL OF FEDERAL LAND FROM MINERAL ENTRY

PRIOR TO EXCHANGE.—Subject to valid existing rights, the Federal 

land to be conveyed to the State under this subtitle is withdrawn 


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from mineral location, entry, and patent under the mining laws 

pending conveyance of the Federal land to the State. 

SEC. 3013. STATUS AND MANAGEMENT OF NON-FEDERAL LAND ACQUIRED BY THE UNITED STATES. 

(a) IN GENERAL.—On conveyance to the United States under 

this subtitle, the non-Federal land shall be managed by the Secretary in accordance with the Federal Land Policy and Management 

Act of 1976 (43 U.S.C. 1701 et seq.) and applicable land use plans. 

(b) NON-FEDERAL LAND WITHIN CEDAR MOUNTAINS WILDERNESS.—On conveyance to the Secretary under this subtitle, the nonFederal land located within the Cedar Mountains Wilderness shall, 

in accordance with section 206(c) of the Federal Land Policy Act of 

1976 (43 U.S.C. 1716(c)), be added to, and administered as part of, 

the Cedar Mountains Wilderness. 

(c) NON-FEDERAL LAND WITHIN WILDERNESS AREAS OR NATIONAL CONSERVATION AREAS.—On conveyance to the Secretary 

under this subtitle, non-Federal land located in a national wilderness area or national conservation area shall be managed in accordance with the applicable provisions of subtitle O of title I of the Omnibus Public Land Management Act of 2009 (Public Law 111–11). 

SEC. 3014. HAZARDOUS SUBSTANCES. 

(a) COSTS.—Except as provided in subsection (b), the costs of remedial actions relating to hazardous substances on land acquired 

under this subtitle shall be paid by those entities responsible for the 

costs under applicable law. 

(b) REMEDIATION OF PRIOR TESTING AND TRAINING ACTIVITY.— 

The Secretary of the Air Force shall bear all costs of remediation 

required as a result of the previous testing of military weapons systems and the training of military forces on non-Federal land to be 

conveyed to the United States under this subtitle. 

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 

AUTHORIZATIONS AND OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY 

PROGRAMS 

Subtitle A—National Security Programs and 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. Independent acquisition project reviews of capital assets acquisition 

projects. 

Sec. 3112. Protection of certain nuclear facilities and assets from unmanned aircraft. 

Sec. 3113. Common financial reporting system for the nuclear security enterprise. 

Sec. 3114. Rough estimate of total life cycle cost of tank waste cleanup at Hanford 

Nuclear Reservation. 

Sec. 3115. Annual certification of shipments to Waste Isolation Pilot Plant. 

Sec. 3116. Disposition of weapons-usable plutonium. 

Sec. 3117. Design basis threat. 

Sec. 3118. Industry best practices in operations at National Nuclear Security Administration facilities and sites. 

Sec. 3119. Pilot program on unavailability for overhead costs of amounts specified 

for laboratory-directed research and development. 

Sec. 3120. Research and development of advanced naval nuclear fuel system based 

on low-enriched uranium. 


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Sec. 3121. Increase in certain limitations applicable to funds for conceptual and 

construction design of the Department of Energy. 

Sec. 3122. Prohibition on availability of funds for programs in Russian Federation. 

Sec. 3123. Limitation on availability of funds for Federal salaries and expenses. 

Sec. 3124. Limitation on availability of funds for defense environmental cleanup 

program direction. 

Sec. 3125. Limitation on availability of funds for acceleration of nuclear weapons 

dismantlement. 

Subtitle C—Plans and Reports 

Sec. 3131. Independent assessment of technology development under defense environmental cleanup program. 

Sec. 3132. Updated plan for verification and monitoring of proliferation of nuclear 

weapons and fissile material. 

Sec. 3133. Report on the use of highly-enriched uranium for naval reactors. 

Sec. 3134. Analysis of approaches for supplemental treatment of low-activity waste 

at Hanford Nuclear Reservation. 

Sec. 3135. Clarification of annual report and certification on status of security of 

atomic energy defense facilities. 

Sec. 3136. Report on service support contracts and authority for appointment of certain personnel. 

Sec. 3137. Elimination of certain reporting requirements. 

Sec. 3138. Report on United States nuclear deterrence. 

Subtitle A—National Security Programs and Authorizations 

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby authorized to be appropriated to the Department of Energy for fiscal 

year 2017 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table 

in section 4701. 

(b) AUTHORIZATION OF NEW PLANT PROJECTS.—From funds referred to in subsection (a) that are available for carrying out plant 

projects, the Secretary of Energy may carry out new plant projects 

for the National Nuclear Security Administration as follows: 

Project 17–D–630, Expand Electrical Distribution System, 

Lawrence Livermore National Laboratory, Livermore, California, $25,000,000. 

Project 17–D–640, U1a Complex Enhancements Project, Nevada National Security Site, Mercury, Nevada, $11,500,000. 

Project 17–D–911, BL Fire System Upgrade, Bettis Atomic 

Power Laboratory, West Mifflin, Pennsylvania, $1,400,000. 

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby authorized to be appropriated to the Department of Energy for fiscal 

year 2017 for defense environmental cleanup activities in carrying 

out programs as specified in the funding table in section 4701. 

(b) AUTHORIZATION OF NEW PLANT PROJECTS.—From funds referred to in subsection (a) that are available for carrying out plant 

projects, the Secretary of Energy may carry out, for defense environmental cleanup activities, the following new plant project: 

Project 17–D–401, Saltstone Disposal Unit #7, Savannah 

River Site, Aiken, South Carolina, $9,729,000. 

SEC. 3103. OTHER DEFENSE ACTIVITIES. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2017 for other defense activities in 

carrying out programs as specified in the funding table in section 

4701. 


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SEC. 3104. NUCLEAR ENERGY. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2017 for nuclear energy as specified 

in the funding table in section 4701. 

Subtitle B—Program Authorizations, Restrictions, and 

Limitations 

SEC. 3111. INDEPENDENT ACQUISITION PROJECT REVIEWS OF CAPITAL ASSETS ACQUISITION PROJECTS. 

(a) IN GENERAL.—Subtitle C of title XLVII of the Atomic Energy 

Defense Act (50 U.S.C. 2772) is amended by inserting after section 

4732 the following new section: 

‘‘SEC. 4733. INDEPENDENT ACQUISITION PROJECT REVIEWS OF CAPITAL ASSETS ACQUISITION PROJECTS. 

‘‘(a) REVIEWS.—The appropriate head shall ensure that an independent entity conducts reviews of each capital assets acquisition 

project as the project moves toward the approval of each of critical 

decision 0, critical decision 1, and critical decision 2 in the acquisition process. 

‘‘(b) PRE-CRITICAL DECISION 1 REVIEWS.—In addition to any 

other matters, with respect to each review of a capital assets acquisition project under subsection (a) that has not reached critical decision 1 approval in the acquisition process, such review shall include— 

‘‘(1) a review using best practices of the analysis of alternatives for the project; and 

‘‘(2) identification of any deficiencies in such analysis of alternatives for the appropriate head to address. 

‘‘(c) INDEPENDENT ENTITIES.—The appropriate head shall ensure that each review of a capital assets acquisition project under 

subsection (a) is conducted by an independent entity with the appropriate expertise with respect to the project and the stage in the acquisition process of the project. 

‘‘(d) DEFINITIONS.—In this section: 

‘‘(1) The term ‘acquisition process’ means the acquisition 

process for a project, as defined in Department of Energy Order 

413.3B (relating to project management and project management for the acquisition of capital assets), or a successor order. 

‘‘(2) The term ‘appropriate head’ means— 

‘‘(A) the Administrator, with respect to capital assets 

acquisition projects of the Administration; and 

‘‘(B) the Assistant Secretary of Energy for Environmental Management, with respect to capital assets acquisition projects of the Office of Environmental Management. 

‘‘(3) The term ‘capital assets acquisition project’ means a 

project— 

‘‘(A) the total project cost of which is more than 

$500,000,000; and 

‘‘(B) that is covered by Department of Energy Order 

413.3, or a successor order, for the acquisition of capital assets for atomic energy defense activities.’’. 

(b) CLERICAL AMENDMENT.—The table of contents for such Act 

is amended by inserting after the item relating to section 4732 the 

following new item: 


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‘‘Sec. 4733. Independent acquisition project reviews of capital assets acquisition 

projects.’’. 

SEC. 3112. PROTECTION OF CERTAIN NUCLEAR FACILITIES AND ASSETS FROM UNMANNED AIRCRAFT. 

(a) IN GENERAL.—Subtitle A of title XLV of the Atomic Energy 

Defense Act (50 U.S.C. 2651 et seq.) is amended by adding at the 

end the following new section: 

‘‘SEC. 4510. PROTECTION OF CERTAIN NUCLEAR FACILITIES AND ASSETS FROM UNMANNED AIRCRAFT. 

‘‘(a) AUTHORITY.—Notwithstanding any provision of title 18, 

United States Code, the Secretary of Energy may take such actions 

described in subsection (b)(1) that are necessary to mitigate the 

threat (as defined by the Secretary of Energy, in consultation with 

the Secretary of Transportation) that an unmanned aircraft system 

or unmanned aircraft poses to the safety or security of a covered facility or asset. 

‘‘(b) ACTIONS DESCRIBED.—(1) The actions described in this 

paragraph are the following: 

‘‘(A) Detect, identify, monitor, and track the unmanned aircraft system or unmanned aircraft, without prior consent, including by means of intercept or other access of a wire, oral, or 

electronic communication used to control the unmanned aircraft 

system or unmanned aircraft. 

‘‘(B) Warn the operator of the unmanned aircraft system or 

unmanned aircraft, including by passive or active, and direct 

or indirect physical, electronic, radio, and electromagnetic 

means. 

‘‘(C) Disrupt control of the unmanned aircraft system or unmanned aircraft, without prior consent, including by disabling 

the unmanned aircraft system or unmanned aircraft by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications used to control the unmanned 

aircraft system or unmanned aircraft. 

‘‘(D) Seize or exercise control of the unmanned aircraft system or unmanned aircraft. 

‘‘(E) Seize or otherwise confiscate the unmanned aircraft 

system or unmanned aircraft. 

‘‘(F) Use reasonable force to disable, damage, or destroy the 

unmanned aircraft system or unmanned aircraft. 

‘‘(2) The Secretary of Energy shall develop the actions described 

in paragraph (1) in coordination with the Secretary of Transportation. 

‘‘(c) FORFEITURE.—Any unmanned aircraft system or unmanned 

aircraft described in subsection (a) that is seized by the Secretary 

of Energy is subject to forfeiture to the United States. 

‘‘(d) REGULATIONS.—The Secretary of Energy and the Secretary 

of Transportation may prescribe regulations and shall issue guidance in the respective areas of each Secretary to carry out this section. 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) The term ‘covered facility or asset’ means any facility 

or asset that is— 

‘‘(A) identified by the Secretary of Energy for purposes 

of this section; 


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‘‘(B) located in the United States (including the territories and possessions of the United States); and 

‘‘(C) owned by the United States or contracted to the 

United States, to store or use special nuclear material. 

‘‘(2) The terms ‘unmanned aircraft’ and ‘unmanned aircraft 

system’ have the meanings given those terms in section 331 of 

the FAA Modernization and Reform Act of 2012 (Public Law 

112–95; 49 U.S.C. 40101 note).’’. 

(b) CLERICAL AMENDMENT.—The table of contents for such Act 

is amended by inserting after the item relating to section 4509 the 

following new item: 

‘‘Sec. 4510. Protection of certain nuclear facilities and assets from unmanned aircraft.’’. 

SEC. 3113. COMMON FINANCIAL REPORTING SYSTEM FOR THE NUCLEAR SECURITY ENTERPRISE. 

(a) IN GENERAL.—By not later than four years after the date of 

the enactment of this Act, the Administrator for Nuclear Security 

shall, in consultation with the National Nuclear Security Administration Council established by section 4102(b) of the Atomic Energy 

Defense Act (50 U.S.C. 2512(b)), complete, to the extent practicable, 

the implementation of a common financial reporting system for the 

nuclear security enterprise. 

(b) ELEMENTS.—The common financial reporting system implemented pursuant to subsection (a) shall include the following: 

(1) Common data reporting requirements for work performed using funds of the National Nuclear Security Administration, including reporting of financial data by standardized 

labor categories, labor hours, functional elements, and cost elements. 

(2) A common work breakdown structure for the Administration that aligns contractor work breakdown structures with 

the budget structure of the Administration. 

(3) Definitions and methodologies for identifying and reporting costs for programs of records and base capabilities 

within the Administration. 

(4) A capability to leverage, where appropriate, the Defense 

Cost Analysis Resource Center of the Office of Cost Assessment 

and Program Evaluation of the Department of Defense using 

historical costing data by the Administration. 

(c) REPORTS.— 

(1) IN GENERAL.—Not later than March 1, 2017, and annually thereafter, the Administrator shall, in consultation with the 

National Nuclear Security Administration Council, submit to 

the congressional defense committees a report on progress of the 

Administration toward implementing a common financial reporting system for the nuclear security enterprise as required by 

subsection (a). 

(2) REPORT.—Each report under this subsection shall include the following: 

(A) A summary of activities, accomplishments, challenges, benefits, and costs related to the implementation of 

a common financial reporting system for the nuclear security enterprise during the year preceding the year in which 

such report is submitted. 


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(B) A summary of planned activities in connection with 

the implementation of a common financial reporting system 

for the nuclear security enterprise in the year in which such 

report is submitted. 

(C) A description of any anticipated modifications to 

the schedule for implementing a common financial reporting system for the nuclear security enterprise, including an 

update on possible risks, challenges, and costs related to 

such implementation. 

(3) TERMINATION.—No report is required under this subsection after the completion of the implementation of a common 

financial reporting system for the nuclear security enterprise. 

(d) NUCLEAR SECURITY ENTERPRISE DEFINED.—In this section, 

the term ‘‘nuclear security enterprise’’ has the meaning given that 

term in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 

2501). 

SEC. 3114. ROUGH ESTIMATE OF TOTAL LIFE CYCLE COST OF TANK 

WASTE CLEANUP AT HANFORD NUCLEAR RESERVATION. 

(a) IN GENERAL.—Not later than two years after the date of the 

enactment of this Act, the Secretary of Energy shall submit to the 

congressional defense committees a rough estimate of the total life 

cycle cost of the cleanup of tank waste at Hanford Nuclear Reservation, Richland, Washington. 

(b) ELEMENTS.—The rough estimate of the total life cycle cost 

required by subsection (a) shall include cost estimates for the following: 

(1) The Waste Treatment and Immobilization Plant, assuming a hot start occurs in 2033 and initial plant operations commence in 2036. 

(2) Operations of the Waste Treatment and Immobilization 

Plant, assuming operations continue through 2061. 

(3) Tank waste management and treatment, assuming operations of the Waste Treatment and Immobilization Plant continue through 2061. 

(4) Anticipated increases in the volume of waste in the double shell tanks resulting from tank waste management activities. 

(5) High-level waste canister temporary storage and preparation for permanent disposal. 

(6) Any additional facilities, including additional evaporative capacity, that may be needed to treat tank waste at Hanford Nuclear Reservation. 

(c) COST ESTIMATING BEST PRACTICES.—To the maximum extent practicable, the rough estimate of the total life cycle cost required by subsection (a) shall be developed in accordance with the 

cost estimating best practices of the Government Accountability Office. 

(d) SUBMISSION OF ADDITIONAL INDEPENDENT COST ESTIMATES.—The Secretary shall submit to the congressional defense 

committees, as part of the rough estimate of the total life cycle cost 

required by subsection (a), any other independent cost estimates for 

the Waste Treatment and Immobilization Plant or related facilities 

conducted before the date on which the rough estimate of the total 

life cycle cost is required to be submitted under that subsection. 


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SEC. 3115. ANNUAL CERTIFICATION OF SHIPMENTS TO WASTE ISOLATION PILOT PLANT. 

(a) IN GENERAL.—In order to ensure that waste shipments to 

the Waste Isolation Pilot Plant, Carlsbad, New Mexico (in this section referred to as ‘‘WIPP’’) are packaged and handled properly to 

prevent the release of radiation or contamination above regulatory 

limits, the Secretary of Energy shall submit to the congressional defense committees, not later than February 1 of each year during the 

five-year period beginning on the date of the enactment of this Act, 

a written certification that— 

(1) the Secretary knew of the contents of such shipments 

during the 12-month period preceding the date of the certification and has ensured that the Secretary will know of the contents of such shipments planned during the 12-month period 

following the date of the certification; and 

(2) such shipments made during the 12-month period preceding the date of the certification were sufficiently safe and secure for transportation and disposal and the Secretary has ensured that such shipments planned during the 12-month period 

following the date of the certification will be sufficiently safe 

and secure for transportation and disposal. 

(b) ADDITIONAL ASSURANCES.—The Secretary shall submit to 

the congressional defense committees, with the certification required 

by subsection (a), assurances that— 

(1) the Carlsbad Field Office of the Department of Energy 

has certified that— 

(A) the contents of each shipment of waste that arrived 

at WIPP during 12-month period preceding the date of the 

certification met the criteria for accepting waste at WIPP; 

and 

(B) the Office will ensure that the waste destined for 

WIPP during the 12-month period following the date of the 

certification is packaged according to the criteria for accepting waste at WIPP; 

(2) the Assistant Secretary of Energy for Environmental 

Management has reviewed and accepted the certification of the 

Carlsbad Field Office under paragraph (1); and 

(3) the Administrator for Nuclear Security has ensured that 

waste destined for WIPP that was packaged at facilities of the 

National Nuclear Security Administration during the 12-month 

period preceding the date of the certification, and waste 

planned to be packaged at such facilities during the 12-month 

period following the date of the certification, and for which the 

Administration is responsible, meets the criteria for accepting 

waste at WIPP. 

SEC. 3116. DISPOSITION OF WEAPONS-USABLE PLUTONIUM. 

(a) CONSTRUCTION AND PROJECT SUPPORT ACTIVITIES AT MOX 

FACILITY.— 

(1) IN GENERAL.—Using funds described in paragraph (2), 

the Secretary of Energy shall carry out construction and project 

support activities relating to the MOX facility. 

(2) FUNDS DESCRIBED.—The funds described in this paragraph are the following: 

(A) Funds authorized to be appropriated by this Act or 

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tional Nuclear Security Administration for the MOX facility for construction and project support activities. 

(B) Funds authorized to be appropriated for a fiscal 

year prior to fiscal year 2017 for the National Nuclear Security Administration for the MOX facility for construction 

and project support activities that are unobligated as of the 

date of the enactment of this Act. 

(b) ASSESSMENT OF THE MOX FACILITY CONTRACT BY OWNER’S

AGENT.— 

(1) ARRANGEMENT WITH OWNER’S AGENT.—Not later than 

30 days after the date of the enactment of this Act, the Secretary 

of Energy shall enter into an arrangement pursuant to sections 

1535 and 1536 of title 31, United States Code, with the Chief 

of Engineers to act as an owner’s agent with respect to preparing the report required by paragraph (2). 

(2) REPORT OF OWNER’S AGENT.— 

(A) IN GENERAL.—The Chief of Engineers shall prepare 

a report on the contract for the construction, management 

and operations of the MOX facility, as in effect on the date 

of the enactment of this Act, that includes the following: 

(i) An assessment of the contractual, technical, and 

managerial risks for the Department of Energy and the 

contractor. 

(ii) An assessment of what elements of the contract 

can be changed to— 

(I) a fixed price provision; 

(II) a fixed price incentive fee provision; or 

(III) another contractual mechanism designed 

to minimize risk to the Department of Energy 

while reducing cost. 

(iii) An assessment of the options under clause (ii), 

including milestones, cost, schedules, and any damage 

fees for those options. 

(iv) Recommendations on changes to the contract, 

based on the assessments described in clauses (i), (ii), 

and (iii), to reduce risk and cost to the Department of 

Energy while preserving a fair and reasonable contract. 

(v) For each element of the contract that the Chief 

of Engineers does not recommend be changed pursuant 

to clause (iv), an assessment of the risks and costs associated with that element and a description of why 

that element is not appropriate for the provision types 

described in clause (ii). 

(B) CONSULTATIONS.—In preparing the report required 

by subparagraph (A), the Chief of Engineers shall consult 

with the Secretary, the contractor referred to in subparagraph (A)(i), and other knowledgeable parties, as the Chief 

of Engineers considers appropriate. 

(C) SUBMISSION TO SECRETARY.—Not later than 30 

days after entering into the arrangement under paragraph 

(1), the Chief of Engineers shall submit to the Secretary the 

report required by subparagraph (A). 

(3) SUBMISSIONS BY DEPARTMENT OF ENERGY.—Not later 

than 60 days after receiving the report required by paragraph 


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(2), the Secretary shall transmit to the congressional defense 

committees and the Comptroller General of the United States— 

(A) the report; 

(B) any comments of the Secretary with respect to the 

report; 

(C) a determination of whether the contractor referred 

to in paragraph (2)(A)(i) will or will not agree to the revisions to the contract recommended by the Chief of Engineers and offered by the Secretary to the contractor; 

(D) if the contractor will not agree to such revisions, a 

description of the reasons given for not agreeing to such revisions; and 

(E) any other materials relating to the potential modification of the contract that the Secretary considers appropriate. 

(4) BRIEFING BY GOVERNMENT ACCOUNTABILITY OFFICE.— 

Not later than 30 days after receiving the report and other matters under paragraph (3), the Comptroller General of the United 

States shall brief the congressional defense committees on the 

actions taken by the Secretary under this subsection, to be followed by a written report not later than 120 days after the 

briefing is provided to Congress. 

(c) DEFINITIONS.—In this section: 

(1) MOX FACILITY.—The term ‘‘MOX facility’’ means the 

mixed-oxide fuel fabrication facility at the Savannah River Site, 

Aiken, South Carolina. 

(2) PROJECT SUPPORT ACTIVITIES.—The term ‘‘project support activities’’ means activities that support the design, longlead equipment procurement, and site preparation of the MOX 

facility. 

SEC. 3117. DESIGN BASIS THREAT. 

(a) UPDATE TO ORDER.—Not later than 30 days after the date 

of the enactment of this Act, the Secretary of Energy shall update 

Department of Energy Order 470.3B relating to the design basis 

threat for protecting nuclear weapons, special nuclear material, and 

other critical assets in the custody of the Department of Energy. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the intelligence community (as defined in section 3(4) of 

the National Security Act of 1947 (50 U.S.C. 3003(4))) should 

promulgate regular, biannual updates to the Nuclear Security 

Threat Capabilities Assessment to better inform nuclear security 

postures within the Department of Defense and the Department 

of Energy; 

(2) the Department of Defense and the Department of Energy should closely, and in real-time, track and assess national, 

regional, and local threats to the defense nuclear facilities of the 

respective Departments; and 

(3) the Department of Defense and the Department of Energy should regularly review assessments and other input provided by activities described in paragraphs (1) and (2) and adjust security postures accordingly. 


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SEC. 3118. INDUSTRY BEST PRACTICES IN OPERATIONS AT NATIONAL 

NUCLEAR SECURITY ADMINISTRATION FACILITIES AND 

SITES. 

(a) COMMITTEE ON INDUSTRY BEST PRACTICES IN OPERATIONS.—The Administrator for Nuclear Security shall establish 

within the National Nuclear Security Administration a committee 

(in this section referred to as the ‘‘committee’’) to identify and oversee the implementation of best practices of industry in the operations of the facilities and sites of the Administration for the purposes of— 

(1) improving mission performance and effectiveness; 

(2) lowering costs and administrative burdens; and 

(3) also both— 

(A) maintaining or reducing risks; and 

(B) preserving and protecting health, safety, and security. 

(b) MEMBERSHIP.—The committee shall be composed of personnel of the Administration assigned by the Administrator to the 

committee as follows: 

(1) The Principal Deputy Administrator for Nuclear Security, who shall serve as chair of the committee. 

(2) Government personnel representing the headquarters of 

the Administration. 

(3) Government personnel representing offices of facilities 

and sites of the Administration. 

(4) Contractor personnel representing the national security 

laboratories and the nuclear weapons production facilities (as 

those terms are defined in section 4002 of the Atomic Energy 

Defense Act (50 U.S.C. 2501)). 

(5) Such other personnel as the Administrator considers appropriate. 

(c) DUTIES.—The duties of the committee shall include the following: 

(1) To identify and oversee the implementation of best practices of industry in the operations of the facilities and sites of 

the Administration for the purposes described in subsection (a). 

(2) To conduct surveys of the facilities and sites of the Administration in order to assess the adoption, implementation, 

and use by such facilities and sites of best practices of industry 

described in subsection (a). 

(3) To carry out such other activities consistent with the duties of the committee under this subsection as the Administrator 

may specify for purposes of this section. 

(d) ANNUAL REPORT.— 

(1) IN GENERAL.—Not later than 60 days after the date on 

which the budget of the President for a fiscal year after fiscal 

year 2017 is submitted to Congress pursuant to section 1105(a) 

of title 31, United States Code, the Administrator shall submit 

to the appropriate congressional committees a report on the activities of the committee under this section during the preceding 

calendar year. 

(2) ELEMENTS.—Each report under this subsection shall include, for the calendar year covered by such report, the following: 

(A) A description of the activities of the committee. 


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(B) The results of the surveys undertaken pursuant to 

subsection (c)(2). 

(C) As a result of the surveys, recommendations for 

modifications to the scope or applicability of regulations 

and orders of the Department of Energy to particular facilities and sites of the Administration in order to implement 

best practices of industry in the operation of such facilities 

and sites, including— 

(i) a list of the facilities and sites at which such 

regulations and orders could be so modified; and 

(ii) for each such facility and site, the manner in 

which the scope or applicability of such regulations 

and orders could be so modified. 

(D) An assessment of the progress of the Administration in implementing best practices of industry in the operations of the facilities and sites of the Administration. 

(E) An estimate of the costs to be saved as a result of 

the best practices of industry implemented by the Administration at the facilities and sites of the Administration, set 

forth by fiscal year. 

(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 

In this subsection, the term ‘‘appropriate congressional committees’’ means— 

(A) the congressional defense committees; and 

(B) the Committee on Energy and Natural Resources of 

the Senate and the Committee on Energy and Commerce of 

the House of Representatives. 

(e) TERMINATION.—The committee shall terminate after the submittal under subsection (d) of the report required by that subsection 

that covers 2021. 

SEC. 3119. PILOT PROGRAM ON UNAVAILABILITY FOR OVERHEAD 

COSTS OF AMOUNTS SPECIFIED FOR LABORATORY-DIRECTED RESEARCH AND DEVELOPMENT. 

(a) IN GENERAL.—The Secretary of Energy shall establish a 

pilot program under which each national security laboratory (as defined in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 

2501)) is prohibited from using funds described in subsection (b) to 

cover the costs of general and administrative overhead for the laboratory. 

(b) FUNDS DESCRIBED.—The funds described in this subsection 

are funds made available for a national security laboratory under 

section 4811(c) of the Atomic Energy Defense Act (50 U.S.C. 2791(c)) 

for laboratory-directed research and development. 

(c) DURATION.—The pilot program required by subsection (a) 

shall— 

(1) take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act; and 

(2) terminate on the date that is three years after the day 

described in paragraph (1). 

(d) REPORT REQUIRED.—Before the termination under subsection (c)(2) of the pilot program required by subsection (a), the Administrator for Nuclear Security shall submit to the congressional 

defense committees a report that assesses the costs, benefits, risks, 

and other effects of the pilot program. 


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SEC. 3120. RESEARCH AND DEVELOPMENT OF ADVANCED NAVAL NUCLEAR FUEL SYSTEM BASED ON LOW-ENRICHED URANIUM. 

(a) PROHIBITION.—Except as provided in subsection (b), none of 

the funds authorized to be appropriated by this Act or otherwise 

made available for fiscal year 2017 for the Department of Energy 

may be obligated or expended to plan or carry out research and development of an advanced naval nuclear fuel system based on lowenriched uranium. 

(b) EXCEPTION.—Of the funds authorized to be appropriated by 

this Act or otherwise made available for fiscal year 2017 for defense 

nuclear nonproliferation, as specified in the funding table in division D, not more than $5,000,000 shall be made available to the 

Deputy Administrator for Naval Reactors of the National Nuclear 

Security Administration for initial planning and early research and 

development of an advanced naval nuclear fuel system based on 

low-enriched uranium. 

(c) BUDGET MATTERS.—Section 3118 of the National Defense 

Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 

Stat. 1196) is amended— 

(1) in subsection (c), by striking paragraph (2) and inserting the following new paragraph: 

‘‘(2) BUDGET REQUESTS.—If the Secretaries determine under 

paragraph (1) that research and development of an advanced 

naval nuclear fuel system based on low-enriched uranium 

should continue, the Secretaries shall ensure that each budget 

of the President submitted to Congress under section 1105(a) of 

title 31, United States Code, for fiscal year 2018 and each fiscal 

year thereafter in which such research and development is carried out includes in the budget line item for the ‘Defense Nuclear Nonproliferation’ account amounts necessary to carry out 

the conceptual plan under subsection (b).’’; and 

(2) in subsection (d), by striking ‘‘for material management 

and minimization’’. 

SEC. 3121. INCREASE IN CERTAIN LIMITATIONS APPLICABLE TO 

FUNDS FOR CONCEPTUAL AND CONSTRUCTION DESIGN 

OF THE DEPARTMENT OF ENERGY. 

(a) REQUESTS FOR CONCEPTUAL DESIGN FUNDS.—Subsection 

(a)(2) of section 4706 of the Atomic Energy Defense Act (50 U.S.C. 

2746) is amended by striking ‘‘$3,000,000’’ and inserting 

‘‘$5,000,000’’. 

(b) CONSTRUCTION DESIGN.—Subsection (b) of such section is 

amended by striking ‘‘$1,000,000’’ each place it appears and inserting ‘‘$2,000,000’’. 

SEC. 3122. PROHIBITION ON AVAILABILITY OF FUNDS FOR PROGRAMS 

IN RUSSIAN FEDERATION. 

(a) PROHIBITION.— 

(1) IN GENERAL.—None of the funds described in paragraph 

(2) may be obligated or expended to enter into a contract with, 

or otherwise provide assistance to, the Russian Federation. 

(2) FUNDS DESCRIBED.—The funds described in this paragraph are the following: 

(A) Funds authorized to be appropriated by this Act or 

otherwise made available for fiscal year 2017 for atomic energy defense activities. 


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(B) Funds authorized to be appropriated or otherwise 

made available for a fiscal year prior to fiscal year 2017 for 

atomic energy defense activities that are unobligated or unexpended as of the date of the enactment of this Act. 

(b) WAIVER.—The Secretary of Energy, without delegation, may 

waive the prohibition in subsection (a)(1) only if— 

(1) the Secretary determines, in writing, that a nuclear-related threat arising in the Russian Federation must be addressed urgently and it is necessary to waive the prohibition to 

address that threat; 

(2) the Secretary of State and the Secretary of Defense concur in the determination under paragraph (1); 

(3) the Secretary of Energy submits to the appropriate congressional committees a report containing— 

(A) a notification that the waiver is in the national security interest of the United States; 

(B) justification for the waiver, including the determination under paragraph (1); and 

(C) a description of the activities to be carried out pursuant to the waiver, including the expected cost and timeframe for such activities; and 

(4) a period of 15 days elapses following the date on which 

the Secretary submits the report under paragraph (3). 

(c) EXCEPTION.—The prohibition under subsection (a)(1) and 

the requirements under subsection (b) to waive that prohibition 

shall not apply to an amount, not to exceed $3,000,000, that the Secretary may make available for the Department of Energy Russian 

Health Studies Program. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ means 

the following: 

(1) The congressional defense committees. 

(2) The Committee on Foreign Relations of the Senate and 

the Committee on Foreign Affairs of the House of Representatives. 

SEC. 3123. LIMITATION ON AVAILABILITY OF FUNDS FOR FEDERAL 

SALARIES AND EXPENSES. 

(a) IN GENERAL.—Of the funds authorized to be appropriated by 

this Act or otherwise made available for fiscal year 2017 for the National Nuclear Security Administration for defense-related Federal 

salaries and expenses, not more than 90 percent may be obligated 

or expended until the date on which the Secretary of Energy submits 

to the congressional defense committees and the congressional intelligence committees the following: 

(1) The updated plan on the designing and building of prototypes of nuclear weapons that is required— 

(A) by paragraph (2) of section 4509(a) of the Atomic 

Energy Defense Act (50 U.S.C. 2660(a)), to be developed by 

not later than the date on which the budget of the President 

for fiscal year 2018 is submitted to Congress; and 

(B) by paragraph (3)(B) of such section, to be submitted 

to the congressional defense committees and the congressional intelligence committees. 

(2) A description of the determination of the Secretary 

under paragraph (4)(B) of such section with respect to the manVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 00810 Fmt 6659 Sfmt 6603 E:\HR\OC\HR840.XXX HR840

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ner in which the designing and building of prototypes of nuclear weapons is carried out under such updated plan. 

(b) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In 

this section, the term ‘‘congressional intelligence committees’’ means 

the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives. 

SEC. 3124. LIMITATION ON AVAILABILITY OF FUNDS FOR DEFENSE ENVIRONMENTAL CLEANUP PROGRAM DIRECTION. 

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for defense environmental 

cleanup for program direction, not more than 90 percent may be obligated or expended until the date on which the Secretary of Energy 

submits to Congress the future-years defense environmental cleanup 

plan required to be submitted during 2017 under section 4402A of 

the Atomic Energy Defense Act (50 U.S.C. 2582a). 

SEC. 3125. LIMITATION ON AVAILABILITY OF FUNDS FOR ACCELERATION OF NUCLEAR WEAPONS DISMANTLEMENT. 

(a) LIMITATION ON MAXIMUM AMOUNT FOR DISMANTLEMENT.— Of the funds authorized to be appropriated by this Act or otherwise 

made available for any of fiscal years 2017 through 2021 for the 

National Nuclear Security Administration, not more than 

$56,000,000 may be obligated or expended in each such fiscal year 

to carry out the nuclear weapons dismantlement and disposition activities of the Administration. 

(b) LIMITATION ON ACCELERATION OF DISMANTLEMENT ACTIVI- TIES.—Except as provided by subsection (c), none of the funds authorized to be appropriated by this Act or otherwise made available 

for any of fiscal years 2017 through 2021 for the National Nuclear 

Security Administration may be obligated or expended to accelerate 

the nuclear weapons dismantlement activities of the United States 

to a rate that exceeds the rate described in the Stockpile Stewardship and Management Plan schedule. 

(c) EXCEPTION.—The limitation in subsection (b) shall not apply 

to the following: 

(1) The dismantlement of a nuclear weapon not covered by 

the Stockpile Stewardship and Management Plan schedule if 

the Administrator for Nuclear Security certifies, in writing, to 

the congressional defense committees that— 

(A) the components of the nuclear weapon are directly 

required for the purposes of a current life extension program; or 

(B) such dismantlement is necessary to conduct maintenance or surveillance of the nuclear weapons stockpile or to 

ensure the safety or reliability of the nuclear weapons stockpile. 

(2) The dismantlement of a nuclear weapon if the President 

certifies, in writing, to the congressional defense committees 

that— 

(A) such dismantlement is being carried out pursuant 

to a nuclear arms reduction treaty or similar international 

agreement that requires such dismantlement; and 

(B) such treaty or similar international agreement— 

(i) has entered into force after the date of the enactment of this Act; and 


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(ii) was approved— 

(I) with the advice and consent of the Senate 

pursuant to clause 2 of section 2 of Article II of the 

Constitution of the United States after the date of 

the enactment of this Act; or 

(II) by an Act of Congress, as described in section 303(b) of the Arms Control and Disarmament 

Act (22 U.S.C. 2573(b)). 

(d) STOCKPILE STEWARDSHIP AND MANAGEMENT PLAN SCHED- ULE DEFINED.—In this section, the term ‘‘Stockpile Stewardship and 

Management Plan schedule’’ means the schedule described in table 

2–7 of the annex of the report titled ‘‘Fiscal Year 2016 Stockpile 

Stewardship and Management Plan’’ submitted in March 2015 by 

the Administrator for Nuclear Security to the congressional defense 

committees under section 4203(b)(2) of the Atomic Energy Defense 

Act (50 U.S.C. 2523(b)(2)). 

Subtitle C—Plans and Reports 

SEC. 3131. INDEPENDENT ASSESSMENT OF TECHNOLOGY DEVELOPMENT UNDER DEFENSE ENVIRONMENTAL CLEANUP PROGRAM. 

(a) ASSESSMENT.—Not later than 60 days after the date of the 

enactment of this Act, the Secretary of Energy shall seek to enter 

into an agreement with the National Academy of Sciences to conduct an independent assessment of the technology development efforts of the defense environmental cleanup program of the Department of Energy. 

(b) ELEMENTS.—The assessment under subsection (a) shall include the following: 

(1) A review of the technology development efforts of the defense environmental cleanup program of the Department of Energy, including an assessment of the process by which the Secretary identifies and chooses technologies to pursue under the 

program. 

(2) A comprehensive review and assessment of technologies 

or alternative approaches to defense environmental cleanup efforts that could— 

(A) reduce the long-term costs of such efforts; 

(B) accelerate schedules for carrying out such efforts; 

(C) mitigate uncertainties, vulnerabilities, or risks relating to such efforts; or 

(D) otherwise significantly improve the defense environmental cleanup program. 

(c) SUBMISSION.—Not later than the date that is 18 months 

after the date of the enactment of this Act, the National Academy 

of Sciences shall submit to the congressional defense committees 

and the Secretary a report on the assessment under subsection (a). 

SEC. 3132. UPDATED PLAN FOR VERIFICATION AND MONITORING OF 

PROLIFERATION OF NUCLEAR WEAPONS AND FISSILE MATERIAL. 

(a) UPDATED PLAN.— 

(1) TRANSMISSION.—Not later than 90 days after the date 

of the enactment of this Act, the President shall transmit to the 

appropriate congressional committees a comprehensive and detailed update to the plan developed under section 3133(a) of the 


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Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense 

Authorization Act for Fiscal Year 2015 (Public Law 113–291; 

128 Stat. 3896) with respect to verification and monitoring relating to the potential proliferation of nuclear weapons, components of such weapons, and fissile material. 

(2) FORM.—The updated plan under paragraph (1) shall be 

transmitted in unclassified form, but may include a classified 

annex. 

(b) LIMITATION.—Of the funds authorized to be appropriated by 

this Act or otherwise made available for fiscal year 2017 for the Department of Defense for supporting the Executive Office of the President, $10,000,000 may not be obligated or expended until the date 

on which the President transmits to the appropriate congressional 

committees the updated plan under subsection (a)(1). 

(c) BRIEFING.—Not later than 30 days after the date of the enactment of this Act, the President shall provide to the Committees 

on Armed Services of the Senate and House of Representatives (and 

any other appropriate congressional committee upon request) an interim briefing on the updated plan under subsection (a)(1). 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ means 

the following: 

(1) The congressional defense committees. 

(2) The Select Committee on Intelligence of the Senate and 

the Permanent Select Committee on Intelligence of the House of 

Representatives. 

(3) The Committee on Foreign Relations of the Senate and 

the Committee on Foreign Affairs of the House of Representatives. 

(4) The Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland 

Security of the House of Representatives. 

(5) The Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. 

SEC. 3133. REPORT ON THE USE OF HIGHLY-ENRICHED URANIUM FOR 

NAVAL REACTORS. 

(a) REPORT.—Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of Defense, the Secretary of Energy, and 

the Secretary of State, shall, in accordance with the protection of 

sources and methods, submit to the appropriate congressional committees a report that includes the following: 

(1) An assessment on the current and anticipated intentions 

of countries producing or using highly-enriched uranium in 

naval reactors or considering the development of naval reactors. 

(2) An evaluation of the security measures each country 

producing or using highly-enriched uranium in naval reactors 

has in place. 

(3) An evaluation of the potential effects on nuclear nonproliferation efforts and the naval reactor programs and related 

actions of other countries if the United States pursued the development of an advanced low-enriched uranium fuel for certain United States naval reactors as described in the report of 

the Director of Naval Reactors to Congress, dated July 2016 


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and entitled ‘‘Conceptual Research and Development Plan for 

Low-Enriched Uranium Naval Fuel’’. 

(4) Such other information or updates as the Director of 

National Intelligence, the Secretary of Defense, the Secretary of 

Energy, and the Secretary of State consider appropriate. 

(b) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the congressional defense committees; 

(2) the Select Committee on Intelligence of the Senate and 

the Permanent Select Committee on Intelligence of the House of 

Representatives; and 

(3) the Committee on Foreign Relations of the Senate and 

the Committee on Foreign Affairs of the House of Representatives. 

SEC. 3134. ANALYSIS OF APPROACHES FOR SUPPLEMENTAL TREATMENT OF LOW-ACTIVITY WASTE AT HANFORD NUCLEAR 

RESERVATION. 

(a) IN GENERAL.—Not later than 60 days after the date of the 

enactment of this Act, the Secretary of Energy shall enter into an 

arrangement with a federally funded research and development center to conduct an analysis of approaches for treating the portion of 

low-activity waste at the Hanford Nuclear Reservation, Richland, 

Washington, that, as of such date of enactment, is intended for supplemental treatment. 

(b) ELEMENTS.—The analysis required by subsection (a) shall 

include the following: 

(1) An analysis of, at a minimum, the following approaches 

for treating the low-activity waste described in subsection (a): 

(A) Further processing of the low-activity waste to remove long-lived radioactive constituents, particularly technetium-99 and iodine-129, for immobilization with highlevel waste. 

(B) Vitrification, grouting, and steam reforming, and 

other alternative approaches identified by the Department 

of Energy for immobilizing the low-activity waste. 

(2) An analysis of the following: 

(A) The risks of the approaches described in paragraph 

(1) relating to treatment and final disposition. 

(B) The benefits and costs of such approaches. 

(C) Anticipated schedules for such approaches, including the time needed to complete necessary construction and 

to begin treatment operations. 

(D) The compliance of such approaches with applicable 

technical standards associated with and contained in regulations prescribed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 

(42 U.S.C. 9601 et seq.), the Solid Waste Disposal Act (42 

U.S.C. 6901 et seq.) (commonly referred to as the ‘‘Resource 

Conservation and Recovery Act of 1976’’), the Federal Water 

Pollution Control Act (33 U.S.C. 1251 et seq.) (commonly 

referred to as the ‘‘Clean Water Act’’), and the Clean Air Act 

(42 U.S.C. 7401 et seq.). 


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(E) Any obstacles that would inhibit the ability of the 

Department of Energy to pursue such approaches. 

(c) REVIEW OF ANALYSIS.— (1) IN GENERAL.—Concurrent with entering into an arrangement with a federally funded research and development 

center under subsection (a), the Secretary shall enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine to conduct a review of the analysis conducted 

by the federally funded research and development center. 

(2) METHOD OF REVIEW.—The review required by paragraph (1) shall be conducted concurrent with the analysis required by subsection (a), and in a manner that is parallel to 

that analysis, so that the results of the review may be used to 

improve the quality of the analysis. 

(3) PUBLIC REVIEW.—In conducting the review required 

paragraph (1), the National Academies of Sciences, Engineering, and Medicine shall provide an opportunity for public comment, with sufficient notice, to inform and improve the quality 

of the review. 

(d) CONSULTATION WITH STATE.—Prior to the submission in accordance with subsection (e)(2) of the analysis required by subsection (a) and the review of the analysis required by subsection (c), 

the federally funded research and development center and the National Academies of Sciences, Engineering, and Medicine shall provide to the State of Washington— 

(1) the analysis and review in draft form; and 

(2) an opportunity to comment on the analysis and review 

for a period of not less than 60 days. 

(e) SUBMISSION TO CONGRESS.— 

(1) BRIEFINGS ON PROGRESS.—Not later than 180 days 

after the date of the enactment of this Act, and every 180 days 

thereafter until the materials described in paragraph (2) are 

submitted in accordance with that paragraph, the Secretary 

shall provide to the congressional defense committees a briefing 

on the progress being made on the analysis required by subsection (a) and the review of the analysis required by subsection 

(c). 

(2) COMPLETED ANALYSIS AND REVIEW.—Not later than two 

years after the date of the enactment of this Act, the Secretary 

shall submit to the congressional defense committees the analysis required by subsection (a), the review of the analysis required by subsection (c), any comments of the State of Washington under subsection (d)(2), and any comments of the Secretary on the analysis or the review of the analysis. 

(f) LIMITATIONS.— 

(1) SECRETARY OF ENERGY.—This section does not conflict 

with or impair the obligation of the Secretary to comply with 

any requirement of— 

(A) the amended consent decree in Washington v. 

Moniz, No. 2:08-CV-5085-RMP (E.D. Wash.); or 

(B) the Hanford Federal Facility Agreement and Consent Order. 

(2) STATE OF WASHINGTON.—This section does not conflict 

with or impair the regulatory authority of the State of Washington under the Solid Waste Disposal Act (42 U.S.C. 6901 et 


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seq.) (commonly referred to as the ‘‘Resource Conservation and 

Recovery Act of 1976’’) and any corresponding State law. 

SEC. 3135. CLARIFICATION OF ANNUAL REPORT AND CERTIFICATION 

ON STATUS OF SECURITY OF ATOMIC ENERGY DEFENSE 

FACILITIES. 

Section 4506(b)(1)(B) of the Atomic Energy Defense Act (50 

U.S.C. 2657(b)(1)(B)) is amended to read as follows: 

‘‘(B) written certification that such facilities are secure and 

that the security measures at such facilities meet the security 

standards and requirements of the Department of Energy.’’. 

SEC. 3136. REPORT ON SERVICE SUPPORT CONTRACTS AND AUTHORITY FOR APPOINTMENT OF CERTAIN PERSONNEL. 

(a) ANNUAL REPORT ON SERVICE SUPPORT CONTRACTS.—Section 3241A(f) of the National Nuclear Security Administration Act 

(50 U.S.C. 2441a(f)) is amended by adding at the end the following 

new paragraph: 

‘‘(5) With respect to each contract identified under paragraph (2)— 

‘‘(A) the cost of the contract; and 

‘‘(B) identification of the program or program direction 

accounts that support the contract.’’. 

(b) EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN

PERSONNEL.—Section 4601(c)(1) of the Atomic Energy Defense Act 

(50 U.S.C. 2701(c)(1)) is amended by striking ‘‘2016’’ and inserting 

‘‘2020’’. 

SEC. 3137. ELIMINATION OF CERTAIN REPORTING REQUIREMENTS. 

(a) REPORTS ON PLAN TO PROTECT AGAINST INADVERTENT RELEASE OF RESTRICTED DATA AND FORMERLY RESTRICTED DATA.— 

Section 4522 of the Atomic Energy Defense Act (50 U.S.C. 2672) is 

amended— 

(1) by striking subsection (e); and 

(2) by redesignating subsection (f) as subsection (e). 

(b) GAO REPORT ON PROGRAM ON SCIENTIFIC ENGAGEMENT

FOR NONPROLIFERATION.—Section 3122 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 50 

U.S.C. 2571 note) is amended— 

(1) in subsection (b)(1), by striking ‘‘, and to the Comptroller General of the United States,’’; 

(2) by striking subsection (e); and 

(3) by redesignating subsections (f) and (g) as subsections 

(e) and (f), respectively. 

(c) GAO STUDY ON ADEQUACY OF BUDGET REQUESTS WITH RESPECT TO MODERNIZATION AND REFURBISHMENT OF NUCLEAR

WEAPONS STOCKPILE.—Section 3255 of the National Nuclear Security Administration Act (50 U.S.C. 2455) is amended— 

(1) by redesignating subsection (b) as subsection (c); and 

(2) by inserting after subsection (a) the following new subsection (b): 

‘‘(b) TEMPORARY SUSPENSION.—The requirements of subsection 

(a) shall not apply with respect to the nuclear security budget materials submitted for fiscal year 2018 or 2019.’’. 

(d) STRATEGY ON RISKS TO NONPROLIFERATION CAUSED BY ADDITIVE MANUFACTURING.—Section 3139(b) of the National Defense 


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Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 

Stat. 1215; 50 U.S.C. 2367 note) is amended to read as follows: 

‘‘(b) BRIEFINGS.— ‘‘(1) IN GENERAL.—Not later than March 31, 2016, and annually thereafter through 2019, the President shall provide to 

the appropriate congressional committees a briefing on the 

strategy developed under subsection (a). 

‘‘(2) INTERIM BRIEFINGS.—In addition to the briefings required by paragraph (1), the President shall provide to the appropriate congressional committees a notification or briefing if 

there is a development in additive manufacture technology, or 

increased use of additive manufacture technology, that could 

pose an increased risk to the United States from nuclear proliferation.’’. 

SEC. 3138. REPORT ON UNITED STATES NUCLEAR DETERRENCE. 

(a) IN GENERAL.—Not later than 15 days after the date of the 

enactment of this Act, the Secretary of Energy shall, consistent with 

the protection of sources and methods, submit to the appropriate 

congressional committees the full, unredacted report, and any related materials, titled ‘‘U.S. Nuclear Deterrence in the Coming Decades’’, dated August 15, 2014. 

(b) COVER LETTER.—The Secretary may submit to the appropriate congressional committees, with the report submitted under 

subsection (a), a cover letter containing any views or perspectives of 

the Secretary on the report or related matters. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the congressional defense committees; and 

(2) the Select Committee on Intelligence of the Senate and 

the Permanent Select Committee on Intelligence of the House of 

Representatives. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

SEC. 3201. AUTHORIZATION. 

There are authorized to be appropriated for fiscal year 2017, 

$31,000,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 

U.S.C. 2286 et seq.). 

TITLE XXXIV—NAVAL PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

(a) AMOUNT.—There are hereby authorized to be appropriated 

to the Secretary of Energy $14,950,000 for fiscal year 2017 for the 

purpose of carrying out activities under chapter 641 of title 10, 

United States Code, relating to the naval petroleum reserves. 

(b) PERIOD OF AVAILABILITY.—Funds appropriated pursuant to 

the authorization of appropriations in subsection (a) shall remain 

available until expended. 

TITLE XXXV—MARITIME MATTERS 

Subtitle A—Maritime Administration, Coast Guard, and Shipping Matters 

Sec. 3501. Authorization of the Maritime Administration. 


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Sec. 3502. Authority to extend certain age restrictions relating to vessels in the Maritime Security Fleet. 

Sec. 3503. Corrections to provisions enacted by Coast Guard Authorization Acts. 

Sec. 3504. Status of National Defense Reserve Fleet vessels. 

Sec. 3505. NDRF national security multi-mission vessel. 

Sec. 3506. Superintendent of United States Merchant Marine Academy. 

Sec. 3507. Use of National Defense Reserve Fleet scrapping proceeds. 

Sec. 3508. Floating dry docks. 

Sec. 3509. Transportation worker identification credentials for individuals undergoing separation, discharge, or release from the Armed Forces. 

Sec. 3510. Actions to address sexual harassment and sexual assault at the United 

States Merchant Marine Academy. 

Sec. 3511. Sexual assault response coordinators and sexual assault victim advocates. 

Sec. 3512. Report from the Department of Transportation Inspector General. 

Sec. 3513. Sexual assault prevention and response working group. 

Sec. 3514. Sea Year compliance. 

Sec. 3515. State maritime academy physical standards and reporting. 

Sec. 3516. Appointments. 

Sec. 3517. Maritime workforce working group. 

Sec. 3518. Maritime extreme weather task force. 

Sec. 3519. Workforce plans and onboarding policies. 

Sec. 3520. Drug and alcohol policy. 

Sec. 3521. Vessel transfers. 

Sec. 3522. Clarifying amendment; continuation boards. 

Sec. 3523. Polar icebreaker recapitalization plan. 

Sec. 3524. GAO report on icebreaking capability in United States. 

Subtitle B—Pribilof Islands Transition Completion 

Sec. 3531. Short title. 

Sec. 3532. Conveyance of property. 

Sec. 3533. Transfer, use, and disposal of tract 43. 

Subtitle C—Sexual Harassment and Assault Prevention at the National Oceanic and 

Atmospheric Administration 

Sec. 3541. Actions to address sexual harassment at National Oceanic and Atmospheric Administration. 

Sec. 3542. Actions to address sexual assault at National Oceanic and Atmospheric 

Administration. 

Sec. 3543. Rights of the victim of a sexual assault. 

Sec. 3544. Change of station. 

Sec. 3545. Applicability of policies to crews of vessels secured by National Oceanic 

and Atmospheric Administration under contract. 

Sec. 3546. Annual report on sexual assaults in the National Oceanic and Atmospheric Administration. 

Sec. 3547. Sexual assault defined. 

Subtitle A—Maritime Administration, Coast Guard, and 

Shipping Matters 

SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION. 

There are authorized to be appropriated to the Department of 

Transportation for fiscal year 2017, to be available without fiscal 

year limitation if so provided in appropriations Acts, for programs 

associated with maintaining the United States merchant marine, 

the following amounts: 

(1) For expenses necessary for operations of the United 

States Merchant Marine Academy, $99,902,000, of which— 

(A) $74,851,000 shall be for Academy operations; and 

(B) $25,051,000 shall remain available until expended 

for capital asset management at the Academy. 

(2) For expenses necessary to support the State maritime 

academies, $29,550,000, of which— 


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(A) $2,400,000 shall remain available until September 

30, 2018, for the Student Incentive Program; (B) $3,000,000 shall remain available until expended 

for direct payments to such academies; (C) $22,000,000 shall remain available until expended 

for maintenance and repair of State maritime academy 

training vessels; (D) $1,800,000 shall remain available until expended 

for training ship fuel assistance; and (E) $350,000 shall remain available until expended for 

expenses to improve the monitoring of the service obligations of graduates. 

(3) For expenses necessary to support the National Security Multi-Mission Vessel Program, $36,000,000, which shall remain available until expended. 

(4) For expenses necessary to support Maritime Administra- tion operations and programs, $58,694,000. 

(5) For expenses necessary to dispose of vessels in the Na- tional Defense Reserve Fleet, $20,000,000, which shall remain 

available until expended. 

(6) For expenses necessary to maintain and preserve a 

United States flag merchant marine to serve the national security needs of the United States under chapter 531 of title 46, 

United States Code, $299,997,000. 

(7) For expenses necessary to provide assistance for small 

shipyards and maritime communities under section 54101 of 

title 46, United States Code, $30,000,000, of which— 

(A) $5,000,000 shall remain available until expended 

for training grants; and 

(B) $25,000,000 shall remain available until expended 

for capital and related improvements. 

(8) For administrative expenses associated with the program authorized by chapter 537 of title 46, United States Code, 

$3,000,000, which shall remain available until expended. 

SEC. 3502. AUTHORITY TO EXTEND CERTAIN AGE RESTRICTIONS RELATING TO VESSELS IN THE MARITIME SECURITY FLEET. 

(a) AUTHORITY.— 

(1) IN GENERAL.—Section 53102 of title 46, United States 

Code, is amended by adding at the end the following: 

‘‘(g) AUTHORITY TO EXTEND MAXIMUM SERVICE AGE FOR VESSEL.—The Secretary of Defense, in conjunction with the Secretary of 

Transportation, may, for a particular participating fleet vessel, treat 

the ages specified in section 53101(5)(A)(ii) and section 53106(c)(3) 

as increased by up to 5 years if the Secretaries jointly determine 

that it is in the national interest to do so.’’. 

(2) CONFORMING AMENDMENT.—The heading of subsection 

(f) of such section is amended to read as follows: ‘‘AUTHORITY

TO WAIVE AGE RESTRICTION FOR ELIGIBILITY OF A VESSEL TO

BE INCLUDED IN FLEET.—’’. 

(b) REPEAL OF REDUNDANT AGE LIMITATION.—Section 

53106(c)(3) of such title is amended— 

(1) in subparagraph (A), by striking ‘‘or (C);’’ and inserting 

‘‘; or’’; 

(2) in subparagraph (B), by striking ‘‘; or’’ and inserting a 

period; and 


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(3) by striking subparagraph (C). 

SEC. 3503. CORRECTIONS TO PROVISIONS ENACTED BY COAST GUARD 

AUTHORIZATION ACTS. 

(a) SHORT TITLE CORRECTION.—The Coast Guard Authorization Act of 2015 (Public Law 114–120) is amended by striking 

‘‘Coast Guard Authorization Act of 2015’’ each place it appears (including in quoted material) and inserting ‘‘Coast Guard Authorization Act of 2016’’. 

(b) TITLE 46, UNITED STATES CODE.— 

(1) EXAM REVIEW.—Section 7510(c) of title 46, United 

States Code, is amended— 

(A) in paragraph (1)(D), by striking ‘‘engine’’ and inserting ‘‘engineer’’; and 

(B) in paragraph (9), by inserting a period after ‘‘App’’. 

(2) VESSEL CERTIFICATION.—Section 4503(f)(2) of title 46, 

United States Code, is amended by striking ‘‘, that’’ and inserting ‘‘, then’’. 

(c) PROVISIONS RELATING TO THE PRIBILOF ISLANDS.—Section 

521 of the Coast Guard Authorization Act of 2016 (Public Law 114– 

120), as amended by subsection (a), is amended by striking ‘‘2015’’ 

and inserting ‘‘2016’’. 

(d) TITLE 14, UNITED STATES CODE.— 

(1) REDISTRIBUTION OF AUTHORIZATIONS OF APPROPRIATIONS.—Section 2702 of title 14, United States Code, is amended— 

(A) in paragraph (1)(B), by striking ‘‘$6,981,036,000’’ and inserting ‘‘$6,986,815,000’’; and (B) in paragraph (3)(B), by striking ‘‘$140,016,000’’ and inserting ‘‘$134,237,000’’. 

(2) CLERICAL AMENDMENT.—The analysis at the beginning 

of part III of title 14, United States Code, is amended by striking the period at the end of the item relating to chapter 29. 

(e) EFFECTIVE DATE.—The amendments made by this section 

shall take effect as if included in the enactment of Public Law 114– 

120. 

SEC. 3504. STATUS OF NATIONAL DEFENSE RESERVE FLEET VESSELS. 

Section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. 

4405) is amended— 

(1) in subsection (a), by adding at the end the following: 

‘‘Vessels in the National Defense Reserve Fleet, including vessels 

loaned to State maritime academies, shall be considered public 

vessels of the United States.’’; and 

(2) by adding at the end the following: 

‘‘(g) VESSEL STATUS.—A vessel in the National Defense Reserve 

Fleet determined by the Maritime Administration to be of insufficient value to remain in the National Defense Reserve Fleet shall remain a vessel within the meaning of that term in section 3 of title 

1, United States Code, and subject to the rights and responsibilities 

of a vessel under admiralty law at least until such time as the vessel is delivered to a dismantling facility or is disposed of otherwise 

from the National Defense Reserve Fleet.’’. 

SEC. 3505. NDRF NATIONAL SECURITY MULTI-MISSION VESSEL. 

(a) IN GENERAL.—The Secretary of Transportation, in consultation with the Chief of Naval Operations and the Commandant of 


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the Coast Guard, shall ensure that the Maritime Administrator 

takes all necessary actions— 

(1) to complete the design of a national security multi-mission vessel for the National Defense Reserve Fleet to allow for 

the construction of such vessel to begin in fiscal year 2018; and 

(2) subject to the availability of appropriations, to have an 

entity enter into a contract for the construction of such vessel 

in accordance with this section. 

(b) USE OF VESSEL.—A vessel constructed pursuant to this section shall be for use— 

(1) as a training vessel that can be provided to State maritime academies under section 51504(b) of title 46, United States 

Code; and 

(2) in conducting humanitarian assistance, disaster response, domestic and foreign emergency contingency operations, 

and other authorized uses of vessels of the National Defense Reserve Fleet. 

(c) CONSTRUCTION AND DOCUMENTATION REQUIREMENTS.—A 

vessel constructed pursuant to this section shall meet the requirements for and be issued a certificate of documentation and a coastwise endorsement under chapter 121 of title 46, United States Code. 

(d) DESIGN STANDARDS AND CONSTRUCTION PRACTICES.—Subject to subsection (c), a vessel constructed pursuant to this section 

shall be constructed using commercial design standards and commercial construction practices that are consistent with the best interests of the Federal Government. 

(e) CONSULTATION WITH OTHER FEDERAL ENTITIES.—The Maritime Administrator may consult and coordinate with the Secretary 

of the Navy regarding the vessel described in subsection (a) and activities associated with such vessel. 

(f) CONTRACTING.—The Maritime Administrator shall provide 

for an entity other than the Maritime Administration to contract for 

the construction of the vessel described in subsection (a). 

(g) REPEAL OF PLAN APPROVAL REQUIREMENT.—Section 

109(j)(3) of title 49, United States Code, is repealed. 

SEC. 3506. SUPERINTENDENT OF UNITED STATES MERCHANT MARINE 

ACADEMY. 

(a) IN GENERAL.—Section 51301 of title 46, United States Code, 

is amended by adding at the end the following: 

‘‘(c) SUPERINTENDENT.— 

‘‘(1) IN GENERAL.—The immediate command of the United 

States Merchant Marine Academy shall be in the Superintendent of the Academy, subject to the direction of the Maritime Administrator under the general supervision of the Secretary of Transportation. 

‘‘(2) APPOINTMENT.—The Secretary of Transportation shall 

appoint as the Superintendent— 

‘‘(A) an individual who has— 

‘‘(i) attained a general or flag officer rank in the 

Navy, Army, Air Force, Marine Corps, Coast Guard, or 

National Oceanic and Atmospheric Administration; 

and 

‘‘(ii) served at sea in any rank; 

‘‘(B) an individual who has— 


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‘‘(i)(I) served at sea in the Navy, Army, Air Force, 

Marine Corps, Coast Guard, or National Oceanic and 

Atmospheric Administration; or 

‘‘(II) held a valid Coast Guard merchant mariner 

credential; and 

‘‘(ii) demonstrated exemplary leadership in the 

education of individuals in the Armed Forces or United 

States merchant marine; or 

‘‘(C) if a qualified individual described in subparagraph (A) or (B) does not apply for the position, an individual who has— 

‘‘(i) attained the grade of captain or above in the 

Navy, Coast Guard, or National Oceanic and Atmospheric Administration or colonel or above in the Army, 

Air Force, or Marine Corps; and 

‘‘(ii) served at sea in any grade. 

‘‘(3) RULE OF CONSTRUCTION.—Notwithstanding paragraph 

(2), the Secretary of Transportation may appoint an individual 

who is the best qualified candidate, even if such individual does 

not fully meet the criteria described in paragraph (2).’’. 

(b) SAVINGS CLAUSE.—Nothing in this section may be construed 

to require any change to the current leadership of the United States 

Merchant Marine Academy. 

SEC. 3507. USE OF NATIONAL DEFENSE RESERVE FLEET SCRAPPING 

PROCEEDS. 

(a) FUNDING ALLOCATION.—Section 308704 of title 54, United 

States Code, is amended— 

(1) in subsection (a)(1), by amending subparagraph (C) to 

read as follows: 

‘‘(C) The remainder shall be available to the Secretary 

to carry out the Program, as provided in subsection (b).’’; 

and 

(2) in subsection (b), by amending paragraph (1) to read as 

follows: 

‘‘(1) ALLOCATION.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B) and paragraph (2), of the amounts available each fiscal 

year for the Program under subsection (a)(1)(C)— 

‘‘(i) 50 percent shall be used for grants under section 308703(b); and 

‘‘(ii) 50 percent shall be used for grants under section 308703(c). 

‘‘(B) SET ASIDE.— 

‘‘(i) IN GENERAL.—Not less than 25 percent of the 

amounts available each fiscal year for the Program 

under subsection (a)(1)(C) shall be used for the preservation and presentation to the public of the maritime 

heritage property of the Maritime Administration. 

‘‘(ii) DIRECT TRANSFERS.—The Secretary may provide amounts used for the preservation and presentation to the public of the maritime heritage property 

of the Maritime Administration through direct transfers to the Maritime Administration. 

‘‘(iii) WAIVER.—The Maritime Administrator may 

waive the application of clause (i) for any fiscal year.’’. 


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(b) CONFORMING AMENDMENT.—Section 308703(c)(1) of title 54, 

United States Code, is amended by striking ‘‘under section 

308704(b)(1)(B)’’ and inserting ‘‘under section 308704(b)(1)(A)’’. 

(c) REPORTING REQUIREMENT.—Section 308703(j) of title 54, 

United States Code, is amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘Congress’’ and inserting ‘‘the Committee on Commerce, Science, and 

Transportation of the Senate, the Committee on Energy and 

Natural Resources of the Senate, the Committee on Natural Resources of the House of Representatives, the Committee on 

Armed Services of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of 

Representatives’’; 

(2) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively; 

(3) by inserting before paragraph (2), as redesignated, the 

following: 

‘‘(1) the total number of grant applications submitted and 

approved under the Program in the period covered by the report;’’; and 

(4) in paragraph (2), as redesignated, by inserting ‘‘detailed’’ before ‘‘description’’. 

(d) ANNUAL REPORT BY THE MARITIME ADMINISTRATION.— 

(1) IN GENERAL.—Not later than January 1 of each year, 

the Maritime Administrator shall submit to the Committee on 

Commerce, Science, and Transportation of the Senate and the 

Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives a report on the management of the Ship Disposal program of the 

Maritime Administration. 

(2) CONTENTS.—Each report under paragraph (1) shall include— 

(A) the total amount of funds, attributable to the Ship 

Disposal program of the Maritime Administration, credited 

in the most recently completed fiscal year to— 

(i) the Vessel Operations Revolving Fund established by section 50301(a) of title 46, United States 

Code; and 

(ii) any other account; 

(B) the balance of funds available at the end of that 

fiscal year in— 

(i) the Vessel Operations Revolving Fund; and 

(ii) any other account for which a credited amount 

was included under subparagraph (A)(ii); 

(C) a detailed description of the funds credited to and 

distributions from the Vessel Operations Revolving Fund in 

that fiscal year; and 

(D) a summary of each maritime heritage project selected by the Maritime Administrator, for preservation and 

presentation to the public of the Maritime Administration’s 

maritime heritage property, for which funds from the Vessel 

Operations Revolving Fund were expended in that fiscal 

year. 

(e) ASSESSMENTS BY THE MARITIME ADMINISTRATION.— 


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(1) IN GENERAL.—Not later than 1 year after the date of the 

enactment of this Act, and biennially thereafter, the Maritime 

Administrator shall complete an assessment of the Ship Disposal program of the Maritime Administration. 

(2) CONTENTS.—Each assessment under paragraph (1) 

shall include— 

(A) an inventory of each vessel, subject to a disposal 

agreement or a memorandum of agreement with another 

Federal agency relating to the disposal of the vessel, for 

which the Maritime Administration is acting as the disposal agency, including— 

(i) the age of the vessel; and 

(ii) the name of the Federal agency that has or had 

custody over the vessel prior to any disposal agreement 

or memorandum of agreement with the Maritime Administration; 

(B) an inventory of each vessel of a Federal agency that 

may meet the criteria for the Maritime Administration to 

act as the disposal agency, including— 

(i) the age of the vessel; 

(ii) the name of the applicable Federal agency; and 

(iii) whether the vessel is expected to be declared 

obsolete and dismantled in the next 5 years; 

(C) a plan to serve as the disposal agency, as appropriate, for the vessels described in subparagraph (B); 

(D) a plan for the timely distribution of the proceeds 

that the Maritime Administration currently has in ship disposal accounts; 

(E) a projection of future distributions of such proceeds; 

and 

(F) any other assessment related to the Ship Disposal 

program that the Maritime Administrator determines appropriate. 

(3) INCLUSION IN THE ANNUAL REPORT.—A detailed description of the results of each assessment under paragraph (1) shall 

be included in the annual report under subsection (d) for the 

year in which the assessment was completed. 

(f) CESSATION OF EFFECTIVENESS.—Subsections (d) and (e) of 

this section shall cease to be effective on the date that is 5 years and 

1 day after the date of the enactment of this Act. 

SEC. 3508. FLOATING DRY DOCKS. 

Section 55122 of title 46, United States Code, is amended— 

(1) by redesignating subsection (b) as subsection (c); and 

(2) by inserting after subsection (a) the following: 

‘‘(b) DRY DOCKS FOR CONSTRUCTION OF CERTAIN NAVAL VESSELS.— 

‘‘(1) IN GENERAL.—In applying subsection (a) to a floating 

dry dock used for the construction of naval vessels in a shipyard located in the United States, the ownership and operation 

requirement in paragraph (1)(B) of that subsection shall be 

treated as satisfied and ‘December 19, 2017’ shall be substituted 

for the date referred to in paragraph (1)(C) of that subsection 

if the Secretary of the Navy determines that— 

‘‘(A) such dry dock is necessary for the timely completion of such construction; and 


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‘‘(B) such dry dock— 

‘‘(i) is owned and operated by— 

‘‘(I) a shipyard located in the United States 

that is an eligible owner specified under section 

12103(b); or 

‘‘(II) an affiliate of such a shipyard; or 

‘‘(ii) is— 

‘‘(I) owned by the State in which the shipyard 

is located or a political subdivision of that State; 

and 

‘‘(II) operated by a shipyard located in the 

United States that is an eligible owner specified 

under section 12103(b). 

‘‘(2) NOTICE TO CONGRESS.—Not later than 30 days after 

making a determination under paragraph (1), the Secretary of 

the Navy shall notify the Committee on Armed Services and the 

Committee on Transportation and Infrastructure of the House 

of Representatives and the Committee on Armed Services and 

the Committee on Commerce, Science, and Transportation of 

the Senate of such determination.’’. 

SEC. 3509. TRANSPORTATION WORKER IDENTIFICATION CREDENTIALS 

FOR INDIVIDUALS UNDERGOING SEPARATION, DISCHARGE, OR RELEASE FROM THE ARMED FORCES. 

(a) IN GENERAL.—Section 70105 of title 46, United States Code, 

is amended— 

(1) in subsection (b)(2), by striking ‘‘and’’ after the semicolon at the end of subparagraph (F), by redesignating subparagraph (G) as subparagraph (H), and by inserting after subparagraph (F) the following: 

‘‘(G) a member of the Armed Forces who— 

‘‘(i) is undergoing separation, discharge, or release 

from the Armed Forces under honorable conditions; 

‘‘(ii) applies for a transportation security card; and 

‘‘(iii) is otherwise eligible for such a card; and’’; and 

(2) by amending subsection (j) to read as follows: 

‘‘(j) PRIORITY PROCESSING FOR SEPARATING SERVICE MEM- BERS.—(1) The Secretary and the Secretary of Defense shall enter 

into a memorandum of understanding regarding the submission 

and processing of applications for transportation security cards 

under subsection (b)(2)(G). 

‘‘(2) Not later than 30 days after the submission of such an application by an individual who is eligible to submit such an application, the Secretary shall process and approve or deny the application unless an appeal or waiver applies or further application documentation is necessary.’’. 

(b) DEADLINE FOR MEMORANDUM.—The Secretary of the department in which the Coast Guard is operating and the Secretary of 

Defense shall enter into the memorandum of understanding required by the amendment made by subsection (a)(2) by not later 

than 180 days after the date of the enactment of this Act. 

(c) APPLICATION OF PROCESSING DEADLINE.—Section 70105(j)(2) 

of title 46, United States Code, as amended by this section, shall 

apply to applications for transportation security cards submitted 

after the expiration of the 180-day period beginning on the date of 

the enactment of this Act. 


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(d) REPORTS.— (1) INITIAL REPORT.— (A) REQUIREMENT.—Not later than 1 year after the 

date of the enactment of this Act, the Secretary of Defense 

and the Secretary of Homeland Security shall jointly submit a report described in subparagraph (B) to the Committee on Armed Services, the Committee on Commerce, 

Science, and Transportation, and the Committee on Homeland Security and Governmental Affairs of the Senate and 

the Committee on Armed Services, the Committee on Homeland Security, and the Committee on Transportation and 

Infrastructure of the House of Representatives. 

(B) CONTENTS.—The report under subparagraph (A) 

shall include the following: 

(i) The memorandum of understanding required by 

section 70105(j)(1) of title 46, United States Code, as 

amended by this section. 

(ii) The number of individuals eligible to apply for 

a transportation security card under section 

70105(b)(2)(G) of title 46, United States Code, as 

amended by this section, the number of such individuals who applied for such a card, and the number of 

such individuals who have been issued such a card, as 

of the date of the report. 

(iii) If the Secretary failed to process and approve 

or deny any applications received from individuals eligible to apply for such a card under such section before 

the deadline specified in section 70105(j)(2) of such 

title, as amended by this section, a description of the 

reasons for the failure and of the actions being taken 

to assure that future applications are processed and 

issued or denied within such deadline. 

(2) SUBSEQUENT REPORT.—Not later than 2 years after the 

date of enactment of this Act, the Secretary of Defense and the 

Secretary of Homeland Security shall jointly submit a report to 

such Committees containing the information described in 

clauses (ii) and (iii) of paragraph (1)(B). 

SEC. 3510. ACTIONS TO ADDRESS SEXUAL HARASSMENT AND SEXUAL 

ASSAULT AT THE UNITED STATES MERCHANT MARINE 

ACADEMY. 

(a) POLICY.—Chapter 513 of title 46, United States Code, is 

amended by adding at the end the following: 

‘‘§ 51318. Policy on sexual harassment and sexual assault 

‘‘(a) REQUIRED POLICY.— 

‘‘(1) IN GENERAL.—The Secretary of Transportation shall 

direct the Superintendent of the United States Merchant Marine 

Academy to prescribe a policy on sexual harassment and sexual 

assault applicable to the cadets and other personnel of the 

Academy. 

‘‘(2) MATTERS TO BE SPECIFIED IN POLICY.—The policy on 

sexual harassment and sexual assault prescribed under this 

subsection shall include— 

‘‘(A) a program to promote awareness of the incidence 

of rape, acquaintance rape, and other sexual offenses of a 


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criminal nature that involve cadets or other Academy personnel; 

‘‘(B) procedures that a cadet or other Academy personnel should follow in the case of an occurrence of sexual 

harassment or sexual assault, including— 

‘‘(i) specifying the person or persons to whom an 

alleged occurrence of sexual harassment or sexual assault should be reported by the victim and the options 

for confidential reporting; 

‘‘(ii) specifying any other person whom the victim 

should contact; and 

‘‘(iii) procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault; 

‘‘(C) a procedure for disciplinary action in cases of alleged criminal sexual assault involving a cadet or other 

Academy personnel; 

‘‘(D) any other sanction authorized to be imposed in a 

substantiated case of sexual harassment or sexual assault 

involving a cadet or other Academy personnel in rape, acquaintance rape, or any other criminal sexual offense, 

whether forcible or nonforcible; 

‘‘(E) procedures through which— 

‘‘(i) questions regarding sexual harassment or sexual assault can be confidentially asked and confidentially answered; 

‘‘(ii) victims can report incidents of sexual assault 

confidentially; and 

‘‘(iii) the privacy of victims of sexual harassment 

and sexual assault will be protected; and 

‘‘(F) required training on the policy for all cadets and 

other Academy personnel, including the specific training required for personnel who process allegations of sexual harassment or sexual assault involving Academy personnel. 

‘‘(3) AVAILABILITY OF POLICY.—The Secretary shall ensure 

that the policy developed under this subsection is available to— 

‘‘(A) all cadets and employees of the Academy; and 

‘‘(B) the public. 

‘‘(4) CONSULTATION AND ASSISTANCE.—In developing the 

policy under this subsection, the Secretary may consult with or 

receive assistance from such Federal, State, local, and national 

organizations and subject matter experts as the Secretary considers appropriate. 

‘‘(b) DEVELOPMENT PROGRAM.— 

‘‘(1) IN GENERAL.—The Secretary shall ensure that the development program of the Academy includes a section that— 

‘‘(A) describes the relationship between honor, respect, 

and character development and the prevention of sexual 

harassment and sexual assault at the Academy; 

‘‘(B) includes a brief history of the problem of sexual 

harassment and sexual assault in the merchant marine, in 

the Armed Forces, and at the Academy; and 

‘‘(C) includes information relating to reporting sexual 

harassment and sexual assault, victims’ rights, and dismissal for offenders. 


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‘‘(2) MINIMUM TRAINING REQUIREMENTS.—The Superintendent shall ensure that all cadets receive training on the 

sexual harassment and sexual assault prevention and response 

sections of the development program of the Academy, as described in paragraph (1), as follows: 

‘‘(A) An initial training session, which shall occur not 

later than 7 days after a cadet’s initial arrival at the Academy. 

‘‘(B) Additional training sessions, which shall occur biannually following the cadet’s initial training session until 

the cadet graduates or leaves the Academy. 

‘‘(c) ANNUAL ASSESSMENT.— 

‘‘(1) IN GENERAL.—The Secretary, in cooperation with the 

Superintendent, shall conduct an assessment at the Academy, 

during each Academy program year, to determine the effectiveness of the policies, procedures, and training program of the 

Academy with respect to sexual harassment and sexual assault 

involving cadets or other Academy personnel. 

‘‘(2) BIENNIAL SURVEY.—For each assessment of the Academy under paragraph (1) during an Academy program year 

that begins in an odd-numbered calendar year, the Secretary 

shall conduct a survey of cadets and other Academy personnel— 

‘‘(A) to measure— 

‘‘(i) the incidence, during that program year, of sexual harassment and sexual assault events involving cadets or other Academy personnel, on or off the Academy 

campus, that have been reported to officials of the 

Academy; and 

‘‘(ii) the incidence, during that program year, of 

sexual harassment and sexual assault events involving 

cadets or other Academy personnel, on or off the Academy campus, that have not been reported to officials of 

the Academy; and 

‘‘(B) to assess the perceptions of cadets and other Academy personnel on— 

‘‘(i) the policies, procedures, and training programs 

of the Academy on sexual harassment and sexual assault involving cadets or other Academy personnel; 

‘‘(ii) the enforcement of the policies described in 

clause (i); 

‘‘(iii) the incidence of sexual harassment and sexual assault involving cadets or other Academy personnel; and 

‘‘(iv) any other issues relating to sexual harassment 

and sexual assault involving cadets or other Academy 

personnel. 

‘‘(3) FOCUS GROUPS FOR YEARS WHEN SURVEY NOT RE- QUIRED.—In any year in which the Secretary is not required to 

conduct the survey described in paragraph (2), the Secretary 

shall conduct focus groups at the Academy for the purposes of 

ascertaining information relating to sexual assault and sexual 

harassment issues at the Academy. 

‘‘(d) ANNUAL REPORT.— 

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vides information about sexual harassment and sexual assault 

involving cadets or other Academy personnel. 

‘‘(2) CONTENTS.—Each report submitted under paragraph 

(1) shall include, for the Academy program year covered by the 

report— 

‘‘(A) the number of sexual assaults, rapes, and other 

sexual offenses involving cadets or other Academy personnel 

that have been reported to Academy officials; 

‘‘(B) the number of the reported cases described in subparagraph (A) that have been substantiated; 

‘‘(C) the policies, procedures, and training implemented 

by the Superintendent and the leadership of the Academy 

in response to incidents of sexual harassment and sexual 

assault involving cadets and other Academy personnel; and 

‘‘(D) a plan for the actions that will be taken in the following Academy program year regarding prevention of, and 

response to, incidents of sexual harassment and sexual assault involving cadets and other Academy personnel. 

‘‘(3) SURVEY AND FOCUS GROUP RESULTS.— 

‘‘(A) SURVEY RESULTS.—Each report under paragraph 

(1) for an Academy program year that begins in an oddnumbered calendar year shall include the results of the 

survey conducted in that program year under subsection 

(c)(2). 

‘‘(B) FOCUS GROUP RESULTS.—Each report under paragraph (1) for an Academy program year in which the Secretary is not required to conduct the survey described in 

subsection (c)(2) shall include the results of the focus group 

conducted in that program year under subsection (c)(3). 

‘‘(4) REPORTING REQUIREMENT.— 

‘‘(A) BY THE SUPERINTENDENT.—For each incident of 

sexual harassment or sexual assault reported to the Superintendent, the Superintendent shall provide to the Secretary 

and the Board of Visitors of the Academy a report that includes— 

‘‘(i) the facts surrounding the incident, except for 

any details that would reveal the identities of the people involved; and 

‘‘(ii) the Academy’s response to the incident. 

‘‘(B) BY THE SECRETARY.—The Secretary shall submit a 

copy of each report received under subparagraph (A) and 

the Secretary’s comments on the report to the Committee on 

Commerce, Science, and Transportation of the Senate and 

the Committee on Transportation and Infrastructure of the 

House of Representatives.’’. 

(b) CLERICAL AMENDMENT.—The table of sections for chapter 

513 of title 46, United States Code, is amended by adding at the 

end the following: 

‘‘51318. Policy on sexual harassment and sexual assault.’’. 

SEC. 3511. SEXUAL ASSAULT RESPONSE COORDINATORS AND SEXUAL 

ASSAULT VICTIM ADVOCATES. 

(a) COORDINATORS AND ADVOCATES.—Chapter 513 of title 46, 

United States Code, as amended by this Act, is further amended by 

adding at the end the following: 


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‘‘§ 51319. Sexual assault response coordinators and sexual assault victim advocates 

‘‘(a) SEXUAL ASSAULT RESPONSE COORDINATORS.—The United 

States Merchant Marine Academy shall employ or contract with at 

least 1 full-time sexual assault response coordinator who shall reside at or near the Academy. The Secretary of Transportation may 

assign additional full-time or part-time sexual assault response coordinators at the Academy as necessary. 

‘‘(b) VOLUNTEER SEXUAL ASSAULT VICTIM ADVOCATES.— ‘‘(1) IN GENERAL.—The Secretary, acting through the Superintendent of the Academy, shall designate from among volunteers 1 or more permanent employees of the Academy to serve 

as advocates for victims of sexual assaults involving cadets of 

the Academy or other Academy personnel. 

‘‘(2) TRAINING; OTHER DUTIES.—Each victim advocate designated under this subsection shall— 

‘‘(A) have or receive training in matters relating to sexual assault and the comprehensive policy developed under 

section 51318; and 

‘‘(B) serve as a victim advocate voluntarily, in addition 

to the individual’s other duties as an employee of the Academy. 

‘‘(3) PRIMARY DUTIES.—While performing the duties of a 

victim advocate under this subsection, a designated employee 

shall— 

‘‘(A) support victims of sexual assault by informing 

them of the rights and resources available to them as victims; 

‘‘(B) identify additional resources to ensure the safety of 

victims of sexual assault; and 

‘‘(C) connect victims of sexual assault to companions, 

as described in paragraph (4). 

‘‘(4) COMPANIONS.— ‘‘(A) IN GENERAL.—At least 1 victim advocate designated under this subsection, or a sexual assault response 

coordinator designated under subsection (a), while performing the duties of a victim advocate, shall act as a companion to a victim described in paragraph (1) in navigating 

investigative, medical, mental, and emotional health, and 

recovery processes relating to sexual assault. 

‘‘(B) ALTERNATE VICTIM ADVOCATES.—If requested by 

the victim, an alternate victim advocate shall be designated 

under this subsection to act as a companion to the victim, 

as described in subparagraph (A). 

‘‘(5) HOTLINE.—The Secretary shall establish a 24-hour hotline through which the victim of a sexual assault described in 

paragraph (1) can receive victim support services. 

‘‘(6) FORMAL RELATIONSHIPS WITH OTHER ENTITIES.—The 

Secretary may enter into formal relationships with other entities to make available additional victim advocates or to implement paragraphs (3), (4), and (5).’’. 

(b) CLERICAL AMENDMENT.—The table of sections for chapter 

513 of title 46, United States Code, as amended by this Act, is further amended by adding at the end the following: 

‘‘51319. Sexual assault response coordinators and sexual assault victim advocates.’’. 


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SEC. 3512. REPORT FROM THE DEPARTMENT OF TRANSPORTATION INSPECTOR GENERAL. 

(a) IN GENERAL.—Not later than March 31, 2018, the Inspector 

General of the Department of Transportation shall submit to the 

Committee on Commerce, Science, and Transportation of the Senate 

and the Committee on Transportation and Infrastructure of the 

House of Representatives a report that describes the effectiveness of 

the sexual harassment and sexual assault prevention and response 

program at the United States Merchant Marine Academy. 

(b) CONTENTS.—The report required under subsection (a) 

shall— 

(1) assess progress toward addressing any outstanding recommendations; 

(2) include any recommendations to reduce the number of 

sexual assaults involving members of the Academy, whether a 

member is the victim, the alleged assailant, or both; and 

(3) include any recommendations to improve the response of 

the Department and the Academy to reports of sexual assaults 

involving members of the Academy, whether a member is the 

victim, a member is the alleged assailant, or both. 

(c) EXPERTISE.—In compiling the report required under this section, the Inspector General shall— 

(1) include on the inspection teams acting under the direction of the Inspector General at least 1 member with expertise 

and knowledge of sexual assault prevention and response policies; or 

(2) consult with subject matter experts in the prevention of 

and response to sexual assaults. 

SEC. 3513. SEXUAL ASSAULT PREVENTION AND RESPONSE WORKING 

GROUP. 

(a) IN GENERAL.—Not later than 21 days after the date of the 

enactment of this Act, the Maritime Administrator shall convene a 

working group to examine methods to improve the prevention of, 

and response to, any sexual harassment, sexual assault, or other inappropriate conduct, as well as methods to improve the shipboard 

climate, that occurs during a cadet’s Sea Year experience with the 

United States Merchant Marine Academy. 

(b) MEMBERSHIP.—The working group shall be composed of 

members designated by the Maritime Administrator as follows: 

(1) A representative of the Maritime Administration, who 

shall serve as the chair of the working group. 

(2) The Superintendent of the Academy (or the Superintendent’s designee). 

(3) A sexual assault response coordinator appointed under 

section 51319 of title 46, United States Code, as added by this 

Act. 

(4) A subject matter expert from the Coast Guard. 

(5) A subject matter expert from the Military Sealift Command. 

(6) A subject matter expert from the National Oceanic and 

Atmospheric Administration. 

(7) At least 1 representative from each State maritime academy. 

(8) At least 1 representative from each private contracting 

party participating in the maritime security program. 


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(9) At least 1 representative from each nonprofit labor organization representing a class or craft of employees employed on 

vessels in the Maritime Security Fleet. 

(10) At least 2 representatives from approved maritime 

training institutions. 

(11) At least 1 representative from companies that— 

(A) participate in sea training of Academy cadets; and 

(B) do not participate in the maritime security program. 

(12) Such additional individuals as the Maritime Administrator may designate. 

(c) NO QUORUM REQUIREMENT.—The chair may convene the 

working group without all members present. 

(d) RESPONSIBILITIES.—The working group shall— 

(1) evaluate options that could promote a climate of honor 

and respect, and a culture that is intolerant of sexual harassment, sexual assault, or other inappropriate conduct and those 

who commit it, with operators of vessels of the United States; 

(2) raise awareness of sexual harassment, sexual assault, or 

other inappropriate conduct with operators of vessels of the 

United States; 

(3) assess options that could be implemented by the operators of vessels of the United States that would remove any barriers to the reporting of sexual harassment, sexual assault, or 

other inappropriate conduct that occurs during a cadet’s Sea 

Year experience and protect the victim’s confidentiality; 

(4) assess a potential program or policy to improve the prevention of, and response to, incidents of sexual harassment, sexual assault, or other inappropriate conduct; 

(5) assess a potential program or policy requiring crews to 

complete a sexual harassment and sexual assault prevention 

and response training program before the cadet’s Sea Year that 

includes— 

(A) fostering a shipboard climate— 

(i) that does not tolerate sexual harassment, sexual 

assault, or other inappropriate conduct; 

(ii) in which persons assigned to vessel crews are 

encouraged to intervene to prevent such potential incidents; and 

(iii) that encourages victims to report any incident 

of sexual harassment, sexual assault, or other inappropriate conduct; and 

(B) promoting an understanding of the needs of, and 

the resources available to, a victim after an incident of sexual harassment, sexual assault, or other inappropriate conduct; 

(6) assess all other feasible changes to Sea Year training at 

the Academy, and corresponding changes to curricula, to improve prevention of and response to incidents of sexual harassment, sexual assault, and other inappropriate conduct; and 

(7) assess how vessel operators could ensure the confidentiality of a report of sexual harassment, sexual assault, or other 

inappropriate conduct in order to protect the victim and prevent 

retribution. 


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(e) REPORT.—Not later than 9 months after the date of the enactment of this Act, the working group shall submit to the Committee on Commerce, Science, and Transportation of the Senate and 

the Committee on Transportation and Infrastructure of the House of 

Representatives a report that includes— 

(1) recommendations on each of the working group’s responsibilities described in subsection (d); 

(2) a description of the trade-offs, opportunities, and challenges associated with the recommendations described in paragraph (1); 

(3) a description of administrative actions taken as result 

of the recommendations described in paragraph (1); and 

(4) any other information the working group determines appropriate. 

SEC. 3514. SEA YEAR COMPLIANCE. 

Not later than 90 days after the date of the enactment of this 

Act, the Maritime Administrator, in consultation with operators of 

commercial vessels of the United States, shall establish— 

(1) criteria that vessel operators must meet in order to participate in the Sea Year program of the United States Merchant 

Marine Academy that addresses sexual harassment, sexual assault, and other inappropriate conduct; and 

(2) a process for verifying compliance with the criteria. 

SEC. 3515. STATE MARITIME ACADEMY PHYSICAL STANDARDS AND REPORTING. 

Section 51506 of title 46, United States Code, is amended— 

(1) in subsection (a)— 

(A) in the matter preceding paragraph (1), by striking 

‘‘must’’ and inserting ‘‘shall’’; 

(B) in paragraph (2), by striking ‘‘and’’ at the end; 

(C) in paragraph (3), by striking the period at the end 

and inserting ‘‘; and’’; and 

(D) by adding at the end the following: 

‘‘(4) agree that any individual enrolled at such State maritime academy in a merchant marine officer preparation program— 

‘‘(A) shall, not later than 9 months after such individual’s date of enrollment, pass an examination in form and 

substance satisfactory to the Secretary that demonstrates 

that such individual meets the medical and physical requirements— 

‘‘(i) required for the issuance of an original license 

under section 7101; or 

‘‘(ii) set by the Coast Guard for issuing merchant 

mariners’ documentation under section 7302, with no 

limit to the individual’s operational authority; 

‘‘(B) following passage of the examination under subparagraph (A), shall continue to meet the requirements described in subparagraph (A) throughout the remainder of 

the individual’s enrollment at the State maritime academy; 

and 

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ferred to a program other than a merchant marine officer 

preparation program, or otherwise appropriately 

disenrolled from such State maritime academy, until the 

individual demonstrates to the Secretary that the individual meets such requirements.’’; and 

(2) by adding at the end the following: 

‘‘(c) SECRETARIAL WAIVER AUTHORITY.—The Secretary may 

modify or waive any of the terms set forth in subsection (a)(4) with 

respect to any individual or State maritime academy.’’. 

SEC. 3516. APPOINTMENTS. 

(a) IN GENERAL.—Section 51303 of title 46, United States Code, 

is amended by striking ‘‘40’’ and inserting ‘‘50’’. 

(b) CLASS PROFILES.— 

(1) IN GENERAL.—Not later than August 31 of each year, 

the Superintendent of the United States Merchant Marine 

Academy shall post on the Academy’s public website a profile 

of each class at the Academy. 

(2) CONTENTS.—Each profile posted under paragraph (1) 

shall include, for the incoming class of the Academy and for the 

4 classes that preceded that class at the Academy, the number 

and percentage of students by— 

(A) State; 

(B) country; 

(C) gender; 

(D) race and ethnicity; and 

(E) prior military service. 

SEC. 3517. MARITIME WORKFORCE WORKING GROUP. 

(a) IN GENERAL.—Not later than 120 days after the date of the 

enactment of this Act, the Maritime Administrator, in consultation 

with the Coast Guard Merchant Marine Personnel Advisory Committee and the Committee on the Marine Transportation System, 

shall convene a working group to examine and assess the size of the 

pool of United States citizen mariners necessary to support the 

United States flag fleet in times of national emergency. 

(b) MEMBERSHIP.—The Maritime Administrator shall designate 

individuals to serve as members of the working group convened 

under subsection (a). The working group shall include, at a minimum, at least 1 representative from each of— 

(1) the Maritime Administration, who shall serve as chairperson of the working group; 

(2) the United States Merchant Marine Academy; 

(3) the Coast Guard; 

(4) the Military Sealift Command; 

(5) the Navy; 

(6) the State maritime academies; 

(7) a nonprofit labor organization representing a class of licensed employees who are employed on vessels operating in the 

United States flag fleet; 

(8) a nonprofit labor organization representing a class of 

unlicensed employees who are employed on vessels operating in 

the United States flag fleet; 

(9) the pool of owners of vessels operating in the United 

States flag fleet, or their private contracting parties, that are 

primarily operating in coastwise trades; and 


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(10) the pool of owners of vessels operating in the United 

States flag fleet, or their private contracting parties, that are 

primarily operating in international transportation. 

(c) NO QUORUM REQUIREMENT.—The Maritime Administrator 

may convene the working group virtually and without all members 

present. 

(d) RESPONSIBILITIES.—The working group shall— 

(1) identify the number of United States citizen mariners— 

(A) in total; 

(B) that have a valid Coast Guard merchant mariner 

credential with the necessary endorsements for service on 

unlimited tonnage vessels that are subject to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended; 

(C) that are involved in Federal programs that support 

the United States merchant marine and the United States 

flag fleet; 

(D) that are available to crew the United States flag 

fleet and the surge sealift fleet in times of a national emergency; 

(E) that are full-time mariners; 

(F) that have sailed in the prior 18 months; 

(G) that are primarily operating in noncontiguous or 

coastwise trades; and 

(H) that are merchant mariner credentialed officers in 

the United States Navy Reserve; 

(2) assess the impact on the United States merchant marine 

and United States Merchant Marine Academy if graduates from 

State maritime academies and the United States Merchant Marine Academy were assigned to, or required to fulfill, certain 

maritime positions based on the overall needs of the United 

States merchant marine; 

(3) assess the Coast Guard Merchant Mariner Licensing 

and Documentation System and its accessibility and value to 

the Maritime Administration for the purposes of evaluating the 

pool of United States citizen mariners; and 

(4) make recommendations to enhance the availability and 

quality of interagency data, including data from the United 

States Transportation Command, the Coast Guard, the Navy, 

and the Bureau of Transportation Statistics, for use by the 

Maritime Administration for evaluating the pool of United 

States citizen mariners. 

(e) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation shall submit a report to the Committee on Commerce, Science, and Transportation of 

the Senate, the Committee on Armed Services of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives that contains the results of the 

study conducted under this section, including— 

(1) the number of United States citizen mariners identified 

for each category described in subparagraphs (A) through (H) 

of subsection (d)(1); 

(2) the results of the assessments conducted under paragraphs (2) and (3) of subsection (d); and 

(3) the recommendations made under subsection (d)(4). 


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(f) INCLUSION OF MERCHANT MARINE-CREDENTIALED OFFICERS

IN THE NAVY RESERVE.—For the purposes of this section, the term 

‘‘United States citizen mariners’’ includes, but is not limited to, officers in the United States Navy Reserve who are holders of merchant 

mariner credentials, as determined by the Secretary of the Navy. 

(g) SUNSET.—The Maritime Administrator may disband the 

working group upon submission of the report under subsection (e). 

SEC. 3518. MARITIME EXTREME WEATHER TASK FORCE. 

(a) ESTABLISHMENT OF TASK FORCE.—Not later than 15 days 

after the date of the enactment of this Act, the Secretary of Transportation shall establish a task force to analyze the impact of extreme weather events, such as in the maritime environment (referred 

to in this section as the ‘‘Task Force’’). 

(b) MEMBERSHIP.—The Task Force shall be composed of— 

(1) the Secretary or the Secretary’s designee; and 

(2) a representative of— 

(A) the Coast Guard; 

(B) the National Oceanic and Atmospheric Administration; and 

(C) such other Federal agency or independent commission as the Secretary considers appropriate. 

(c) REPORT.— 

(1) IN GENERAL.—Except as provided in paragraph (4), not 

later than 180 days after the date it is established under subsection (a), the Task Force shall submit to the Committee on 

Commerce, Science, and Transportation of the Senate and the 

Committee on Transportation and Infrastructure of the House 

of Representatives a report on the analysis under subsection (a). 

(2) CONTENTS.—The report under paragraph (1) shall include— 

(A) an identification of available weather prediction, 

monitoring, and routing technology resources; 

(B) an identification of industry best practices relating 

to response to, and prevention of marine casualties from, 

extreme weather events; 

(C) a description of how the resources described in subparagraph (A) are used in the various maritime sectors, including by passenger and cargo vessels; 

(D) recommendations for improving maritime response 

operations to extreme weather events and preventing marine casualties from extreme weather events, such as promoting the use of risk communications and the technologies 

identified under subparagraph (A); and 

(E) recommendations for any legislative or regulatory 

actions for improving maritime response operations to extreme weather events and preventing marine casualties 

from extreme weather events. 

(3) PUBLICATION.—The Secretary shall make the report 

under paragraph (1) and any notification under paragraph (4) 

publicly accessible in an electronic format. 

(4) IMMINENT THREATS.—The Task Force shall immediately 

notify the Secretary of any finding or recommendations that 

could protect the safety of an individual on a vessel from an imminent threat of extreme weather. 


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SEC. 3519. WORKFORCE PLANS AND ONBOARDING POLICIES. 

(a) WORKFORCE PLANS.—Not later than 9 months after the date 

of the enactment of this Act, the Maritime Administrator shall review the Maritime Administration’s workforce plans, including its 

Strategic Human Capital Plan and Leadership Succession Plan, 

and fully implement competency models for mission-critical occupations, including— 

(1) leadership positions; 

(2) human resources positions; and 

(3) transportation specialist positions. 

(b) ONBOARDING POLICIES.—Not later than 9 months after the 

date of the enactment of this Act, the Maritime Administrator 

shall— 

(1) review the Maritime Administration’s policies related to 

new hire orientation, training, and misconduct; 

(2) align the onboarding policies and procedures at headquarters and the field offices to ensure consistent implementation and provision of critical information across the Maritime 

Administration; and 

(3) update the Maritime Administration’s training policies 

and training systems to include controls that ensure that all 

completed training is tracked in a standardized training repository. 

(c) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Maritime Administrator shall submit a report 

to the Committee on Commerce, Science, and Transportation of the 

Senate and the Committee on Armed Services and the Committee on 

Transportation and Infrastructure of the House of Representatives 

that describes the Maritime Administration’s compliance with the 

requirements under this section. 

SEC. 3520. DRUG AND ALCOHOL POLICY. 

(a) REVIEW.—Not later than 9 months after the date of the enactment of this Act, the Maritime Administrator shall— 

(1) review the Maritime Administration’s drug and alcohol 

policies, procedures, and training practices; 

(2) ensure that all fleet managers have received training on 

the Department of Transportation’s drug and alcohol policy, including the testing procedures used by the Department and the 

Maritime Administration in cases of reasonable suspicion; and 

(3) institute a system for tracking all drug and alcohol policy training conducted under paragraph (2) in a standardized 

training repository. 

(b) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Maritime Administrator shall submit a report 

to the Committee on Commerce, Science, and Transportation of the 

Senate and the Committee on Armed Services and the Committee on 

Transportation and Infrastructure of the House of Representatives 

that describes the Maritime Administration’s compliance with the 

requirements under this section. 

SEC. 3521. VESSEL TRANSFERS. 

Not later than 9 months after the date of the enactment of this 

Act, the Maritime Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and 

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tation and Infrastructure of the House of Representatives that describes the Maritime Administration policies and procedures for vessel transfer, including— 

(1) a summary of the actions taken to update the Vessel 

Transfer Office procedures manual to reflect the current range 

of program responsibilities and processes; and 

(2) a copy of the updated Vessel Transfer Office procedures 

to process vessel transfer applications. 

SEC. 3522. CLARIFYING AMENDMENT; CONTINUATION BOARDS. 

Section 290(a) of title 14, United States Code, is amended by 

striking ‘‘five officers serving in the grade of vice admiral’’ and inserting ‘‘5 officers (other than the Commandant) serving in the 

grade of admiral or vice admiral’’. 

SEC. 3523. POLAR ICEBREAKER RECAPITALIZATION PLAN. 

(a) REQUIREMENT.—Not later than 120 days after the date of 

the enactment of this Act, the Secretary, in consultation with the 

Secretary of the Navy, shall submit to the appropriate committees 

of Congress a detailed recapitalization plan to address the 2013 Department of Homeland Security Mission Need Statement with respect to icebreaking. 

(b) CONTENTS.—The plan required under subsection (a) shall— 

(1) detail the number of heavy and medium polar icebreakers required to meet Coast Guard statutory missions in 

the polar regions; 

(2) identify the vessel specifications, capabilities, systems, 

equipment, and other details required for the design of heavy 

polar icebreakers capable of fulfilling the mission requirements 

of the Coast Guard and the Navy, and the requirements of other 

agencies and departments of the United States, as the Secretary 

determines appropriate; 

(3) list the specific appropriations required for the acquisition of each icebreaker, for each fiscal year, until the full fleet 

is recapitalized; 

(4) describe the potential savings of serial acquisition for 

new polar class icebreakers, including specific schedule and acquisition requirements needed to realize such savings; 

(5) describe any polar icebreaking capacity gaps that may 

arise based on the current fleet and current procurement outlook; and 

(6) describe any additional polar icebreaking capability 

gaps that may arise due to any further delay in procurement 

schedules. 

(c) DEFINITIONS.—In this section, the following definitions 

apply: 

(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term 

‘‘appropriate committees of Congress’’ means the Committee on 

Commerce, Science, and Transportation of the Senate and the 

Committee on Transportation and Infrastructure of the House 

of Representatives. 

(2) SECRETARY.—Except as otherwise specifically provided, 

the term ‘‘Secretary’’ means the Secretary of the department in 

which the Coast Guard is operating. 


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SEC. 3524. GAO REPORT ON ICEBREAKING CAPABILITY IN UNITED 

STATES. 

(a) REQUIREMENT.—Not later than 180 days after the date of 

the enactment of this Act, the Comptroller General of the United 

States shall submit to the appropriate committees of Congress a report on the current state of the United States Federal icebreaking 

fleet. 

(b) CONTENTS.—The report required under subsection (a) shall 

include— 

(1) an analysis of the icebreaking assets in operation in the 

United States and a description of the missions completed by 

such assets; 

(2) an analysis of how such assets and the capabilities of 

such assets are consistent, or inconsistent, with the icebreaking 

mission requirements described in the 2013 Department of 

Homeland Security Mission Need Statement, the Naval Operations Concept 2010, and other military and civilian governmental missions in the United States; 

(3) an analysis of the gaps in icebreaking capability of the 

United States based on the expected service life of the fleet of 

United States icebreaking assets; 

(4) a list of countries that are allies of the United States 

that have the icebreaking capacity to exercise missions during 

any identified gap in United States icebreaking capacity; and 

(5) a description of the policy, financial, and other barriers 

that have prevented timely recapitalization of the Coast Guard 

icebreaking fleet and recommendations to overcome such barriers, including potential international fee-based models used to 

compensate governments for icebreaking escorts or maintenance 

of maritime routes. 

(c) APPROPRIATE COMMITTEES OF CONGRESS.—In this section, 

the term ‘‘appropriate committees of Congress’’ means the Committee 

on Commerce, Science, and Transportation of the Senate and the 

Committee on Transportation and Infrastructure of the House of 

Representatives. 

Subtitle B—Pribilof Islands Transition Completion 

SEC. 3531. SHORT TITLE. 

This subtitle may be cited as the ‘‘Pribilof Islands Transition 

Completion Amendments Act of 2016’’. 

SEC. 3532. CONVEYANCE OF PROPERTY. 

(a) CONVEYANCE.—Subsection (a) of section 522 of the Pribilof 

Island Transition Completion Act of 2016 (Public Law 114–120, as 

amended by this Act) is amended to read as follows: 

‘‘(a) CONVEYANCE.—In partial settlement of land claims under 

the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), 

and not later than 30 days after the date of enactment of the 

Pribilof Islands Transition Completion Amendments Act of 2016, 

the Secretary of Commerce shall, notwithstanding section 105(a) of 

the Pribilof Islands Transition Act (16 U.S.C. 1161 note; Public 

Law 106–562), convey to the Alaska Native Village Corporation for 

St. Paul Island all right, title, and interest of the United States in 

and to the following property, including improvements on such 

property: 


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‘‘(1) Lots 4, 5, and 6A, Block 18, Tract A, U.S. Survey 4943, 

Alaska, the plat of which was Officially Filed on January 20, 

2004, aggregating 13,006 square feet (0.30 acres). 

‘‘(2) T. 35 S., R. 131 W., Seward Meridian, Alaska, Tract 

39, the plat of which was Officially Filed on May 14, 1986, containing 0.90 acres.’’. 

(b) CONFORMING AMENDMENTS; EASEMENT.—Section 522 of 

such Act, as amended by subsection (a), is further amended— 

(1) by striking subsection (b); 

(2) by redesignating subsection (c) as subsection (b); and 

(3) by adding at the end the following: 

‘‘(c) EASEMENT.—As part of the conveyance under subsection (a), 

the Secretary of Commerce, in cooperation with the Alaska Native 

Village Corporation for St. Paul Island, shall provide an easement 

to the Secretary of Transportation to maintain a non-directional 

beacon on the property described in subsection (a)(2).’’. 

SEC. 3533. TRANSFER, USE, AND DISPOSAL OF TRACT 43. 

(a) IN GENERAL.—Section 524 of the Pribilof Island Transition 

Completion Act of 2016 (Public Law 114–120, as amended by this 

Act) is amended to read as follows: 

‘‘SEC. 524. TRANSFER, USE, AND DISPOSAL OF TRACT 43. 

‘‘(a) TRANSFER.—Not later than 30 days after the date of the enactment of the Pribilof Islands Transition Completion Amendments 

Act of 2016, the Secretary of Commerce shall— 

‘‘(1) terminate the license; and 

‘‘(2) transfer tract 43 to the Secretary of the department in 

which the Coast Guard is operating. 

‘‘(b) DETERMINATION, TRANSFER, AND CONVEYANCE.— 

‘‘(1) IN GENERAL.—Not later than the end of the 90-day period beginning on the date of the transfer required under subsection (a)(2), the Secretary shall submit to the Committee on 

Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a determination of— 

‘‘(A) lands and improvements in tract 43 that are not 

necessary to carry out Coast Guard communications and 

search and rescue activities; and 

‘‘(B) the smallest practicable tract enclosing lands and 

improvements in tract 43 that are necessary to carry out 

such communications and activities. 

‘‘(2) SURVEYS, MAPS, DESCRIPTIONS, AND PLAN.— 

‘‘(A) LANDS AND IMPROVEMENTS NOT NECESSARY TO

COAST GUARD ACTIVITIES.—The determination under paragraph (1)(A) shall include a metes-and-bounds survey, 

map, and legal description of the lands and improvements 

to which the determination applies. Such survey, map, and 

legal description shall have the same force and effect as if 

included in this section, except that the Secretary may correct clerical and typographical errors in the survey, map, 

and legal description. 

‘‘(B) LANDS AND IMPROVEMENTS NECESSARY TO COAST

GUARD ACTIVITIES.—The determination under paragraph 

(1)(B) shall include with respect to the lands and improvements to which the determination applies— 


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‘‘(i) a metes-and-bounds survey, map, and legal description of such lands and improvements, which shall 

have the same force and effect as if included in this 

section, except that the Secretary may correct clerical 

and typographical errors in the survey, map, and legal 

description; 

‘‘(ii) a description of Coast Guard actual use and 

occupancy of such lands and improvements intended to 

occur within 3 years after the date of the enactment of 

the Pribilof Islands Transition Completion Amendments Act of 2016; and 

‘‘(iii) a plan to maintain existing facilities in useable condition, or demolish or replace those facilities, 

including a cost estimate for carrying out such plan. 

‘‘(3) CONVEYANCE.—In partial settlement of land claims 

under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 

et seq.), and not later than 60 days after the submission of the 

determination under paragraph (1)(A), the Secretary shall convey to the Alaska Native Village Corporation for St. Paul Island 

all right, title, and interest of the United States in and to the 

land and improvements depicted on the metes-and-bounds survey, map, and legal description of the lands and improvements 

to which the determination under paragraph (1)(A) applies. 

‘‘(4) FAILURE TO PROVIDE DETERMINATION.—If a determination under paragraph (1) is not provided within the period specified in that paragraph, in partial settlement of land claims 

under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 

et seq.) the Secretary shall, by not later than 30 days after the 

end of that period, convey all right, title, and interest of the 

United States in and to tract 43 to the Alaska Native Village 

Corporation for St. Paul Island. 

‘‘(5) FAILURE TO IMPLEMENT USE AND OCCUPANCY.—If the 

use and occupancy described in paragraph (2)(B)(ii) have not 

been fully implemented within 5 years after the date of enactment of the Pribilof Islands Transition Completion Amendments Act of 2016, in partial settlement of land claims under 

the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 

seq.) the Secretary shall convey to the Alaska Native Village 

Corporation for St. Paul Island all right, title, and interest of 

the United States in and to such portions of the lands and improvements to which the determination under paragraph (1)(B) 

applies and for which such implementation has not occurred. 

‘‘(c) FURTHER DETERMINATION AND CONVEYANCE.— 

‘‘(1) IN GENERAL.—Not later than 5 years after the date of 

the enactment of the Pribilof Islands Transition Completion 

Amendments Act of 2016, and not less than once every 5 years 

thereafter, the Secretary shall— 

‘‘(A) review the determination made under subsection 

(b)(1)(B); and 

‘‘(B) determine if the lands and improvements to which 

the determination applies are in excess of the smallest practicable tract enclosing the lands and improvements needed 

to carry out Coast Guard missions. 


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‘‘(2) REPORT OF DETERMINATION.—When a determination is 

made under paragraph (1), the Secretary shall report the determination to— 

‘‘(A) the Committee on Transportation and Infrastructure of the House of Representatives; 

‘‘(B) the Committee on Commerce, Science, and Transportation of the Senate; and 

‘‘(C) the Alaska Native Village Corporation for St. Paul 

Island. 

‘‘(3) ELECTION TO RECEIVE.—Not later than 60 days after 

the date it receives a determination under paragraph (1), the 

Alaska Native Village Corporation for St. Paul Island shall notify the Secretary in writing whether the Alaska Native Village 

Corporation elects to receive all right, title, and interest of the 

United States in and to any lands and improvements or a portion of any lands and improvements determined to be in excess 

of those needed to carry out Coast Guard missions in partial 

settlement of land claims under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). 

‘‘(4) CONVEYANCE.—If such Alaska Native Village Corporation provides notice under paragraph (3) that the Alaska Native 

Village Corporation elects to receive all right, title, and interest 

of the United States in and to any lands and improvements or 

a portion of any lands and improvements, in partial settlement 

of land claims under the Alaska Native Claims Settlement Act 

(43 U.S.C. 1601 et seq.) the Secretary shall convey all right, 

title, and interest of the United States in and to the lands and 

improvements or portion thereof to such Alaska Native Village 

Corporation. 

‘‘(5) OTHER DISPOSAL.—If such Alaska Native Village Corporation does not provide notice under paragraph (3) that the 

Alaska Native Village Corporation elects to receive all right, 

title, and interest of the United States in and to any lands and 

improvements or a portion of any lands and improvements, the 

Secretary may dispose of the lands and improvements in accordance with other applicable law. 

‘‘(d) CERCLA NOT AFFECTED.—No transfer or conveyance of 

property under this section shall be construed to affect or limit the 

application of section 120(h) of the Comprehensive Environmental 

Response, Compensation, and Liability Act of 1980 (42 U.S.C. 

9620(h)). 

‘‘(e) REPORTS.— 

‘‘(1) REMEDIATION OF CONTAMINATED SOIL.—Not later than 

2 years after the date of the enactment of the Pribilof Islands 

Transition Completion Amendments Act of 2016 and not less 

than once every 2 years thereafter, the Secretary shall submit 

to the Committee on Transportation and Infrastructure of the 

House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate a report on— 

‘‘(A) efforts taken to remediate contaminated soils on 

tract 43 and tract 39; and 

‘‘(B) a schedule for the completion of remediation of 

contaminated soils on tract 43 and tract 39. 

‘‘(2) NUMBER OF COAST GUARD PERSONNEL WHO CARRIED

OUT COAST GUARD MISSIONS.—On the 15th day of each month, 


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the Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of 

Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a notice detailing the number of 

Coast Guard personnel who carried out Coast Guard missions 

on tract 43 during the previous month and what Coast Guard 

missions were carried out by such personnel. 

‘‘(f) REDUNDANT CAPABILITY.— ‘‘(1) RULE OF CONSTRUCTION.—Except as provided in paragraph (2), section 681 of title 14, United States Code, shall not 

be construed to prohibit any conveyance of lands or improvements under this subtitle or any actions that involve the dismantling or disposal of infrastructure that supported the 

former LORAN system that are associated with the conveyance 

of lands or improvements under this subtitle. 

‘‘(2) REDUNDANT CAPABILITY.—If, within the 5-year period 

beginning on the date of the enactment of the Pribilof Islands 

Transition Completion Amendments Act of 2016, the Secretary 

determines that communication equipment, including towers, 

antennae, and transmitters, on property conveyed in accordance 

with this subtitle is subsequently required to provide a positioning, navigation, and timing system to provide redundant 

capability in the event GPS signals are disrupted, the Secretary 

may— 

‘‘(A) operate, maintain, keep, locate, inspect, repair, 

and replace such equipment; and 

‘‘(B) in carrying out the activities described in subparagraph (A), enter, at any time, a facility without notice, to 

the extent that it is not possible to provide advance notice, 

for as long as such equipment is needed to provide such capability. 

‘‘(g) FEDERAL USE.—In addition to entry under subsection 

(f)(2)(B), the Secretary may enter property conveyed in accordance 

with this subtitle for purposes of environmental compliance and remediation after providing advance notice to the property owner to 

the extent that it is possible to provide such notice. 

‘‘(h) HIGH FREQUENCY COMMUNICATIONS.— ‘‘(1) RESTRICTION.—Except as provided in paragraph (2), 

on property contained within the boundaries of tract 43 as in 

effect on the date of enactment of the Pribilof Islands Transition 

Completion Amendments Act of 2016, no person may operate or 

maintain— 

‘‘(A) radio frequency transmitting equipment that produces a signal that exceeds 5 microvolts per meter field intensity, other than such equipment that was in use on the 

site before the date of the enactment of such Act; or 

‘‘(B) electric welding equipment, electric generating 

equipment, a diathermy machine, electric motors of any 

kind having greater than 5 horsepower, or any other machinery, engine, or equipment that causes any electromagnetic interference. 

‘‘(2) EXCEPTION.—A person may engage in operations or 

maintenance otherwise prohibited by paragraph (1) with the 

concurrence of the Secretary. 

‘‘(i) DEFINITIONS.—For purposes of this section: 


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‘‘(1) LICENSE.—The term ‘license’ means the agreement 

dated January 9, 2006, entitled ‘License Agreement Between 

The Department of Homeland Security, United States Coast 

Guard, and The Department of Commerce, National Oceanic 

and Atmospheric Administration’. 

‘‘(2) TRACT 39.—The term ‘tract 39’ means T. 35 S., R. 131 

W., Seward Meridian, Alaska, Tract 39, the plat of which was 

Officially Filed on May 14, 1986, containing 0.90 acres. 

‘‘(3) TRACT 43.—The term ‘tract 43’ means T. 35 S., R. 131 

W., Seward Meridian, Alaska, Tract 43, the plat of which was 

Officially Filed on May 14, 1986, containing 84.88 acres, and 

any improvements on such tract. 

‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary 

of the department in which the Coast Guard is operating.’’. 

(b) CHARGEABILITY FOR LANDS CONVEYED.—The Secretary of 

the Interior shall charge against the remaining entitlement of the 

Alaska Native Village Corporation for St. Paul Island under the 

Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) any 

conveyance of land to such corporation under this subtitle, including the amendments made by this subtitle. 

(c) CLERICAL AMENDMENT.—The table of contents in section 2 

of the Coast Guard Authorization Act of 2016 (Public Law 114–120, 

as amended by this Act) is amended by striking the item relating 

to section 524 and inserting the following: 

‘‘Sec. 524. Transfer, use, and disposal of tract 43.’’. 

(d) CONFORMING AMENDMENTS.—Section 105 of the Pribilof Islands Transition Act (16 U.S.C. 1161 note; Public Law 106–562) is 

amended— 

(1) in subsection (e)(1), by striking ‘‘or section 522 of the 

Pribilof Island Transition Completion Act of 2015’’ and inserting ‘‘or section 522 of the Pribilof Island Transition Completion 

Act of 2016, or transferred to the Secretary of the department 

in which the Coast Guard is operating under section 524 of 

such Act,’’; and 

(2) in subsection (f)(1), by striking ‘‘and not transferred’’ 

and inserting ‘‘and not transferred to the Secretary of the department in which the Coast Guard is operating under section 

524 of the Pribilof Island Transition Completion Act of 2016 

or’’. 

(e) SAVINGS CLAUSE.—The Memorandum of Understanding 

among the Tanadgusix Corporation, St. Paul Island, Alaska, the 

Tanaq Corporation, St. George Island, Alaska, and the National 

Marine Fisheries Service of the National Oceanic and Atmospheric 

Administration of the Department of Commerce, dated December 22, 

1976, regarding Pribilof Islands Land Selections and the establishment and operation of a Joint Management Board, shall remain in 

effect with respect to land selections and conveyances until all obligations for conveyances under that agreement have been met, and 

the obligation to maintain a Joint Management Board remains in 

effect. 


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Subtitle C—Sexual Harassment and Assault Prevention at 

the National Oceanic and Atmospheric Administration 

SEC. 3541. ACTIONS TO ADDRESS SEXUAL HARASSMENT AT NATIONAL 

OCEANIC AND ATMOSPHERIC ADMINISTRATION. 

(a) REQUIRED POLICY.—Not later than 1 year after the date of 

the enactment of this Act, the Secretary of Commerce shall, acting 

through the Under Secretary for Oceans and Atmosphere, develop a 

policy on the prevention of and response to sexual harassment involving employees of the National Oceanic and Atmospheric Administration, members of the commissioned officer corps of the Administration, and individuals who work with or conduct business on behalf of the Administration. 

(b) MATTERS TO BE SPECIFIED IN POLICY.—The policy developed under subsection (a) shall include— 

(1) establishment of a program to promote awareness of the 

incidence of sexual harassment; 

(2) clear procedures an individual should follow in the case 

of an occurrence of sexual harassment, including— 

(A) a specification of the person or persons to whom an 

alleged occurrence of sexual harassment should be reported 

by an individual and options for confidential reporting, including— 

(i) options and contact information for after-hours 

contact; and 

(ii) a procedure for obtaining assistance and reporting sexual harassment while working in a remote 

scientific field camp, at sea, or in another field status; 

and 

(B) a specification of any other person whom the victim 

should contact; 

(3) establishment of a mechanism by which— 

(A) questions regarding sexual harassment can be confidentially asked and confidentially answered; and 

(B) incidents of sexual harassment can be confidentially reported; and 

(4) a prohibition on retaliation and consequences for retaliatory actions. 

(c) CONSULTATION AND ASSISTANCE.—In developing the policy 

required by subsection (a), the Secretary may consult or receive assistance from such State, local, and national organizations and subject matter experts as the Secretary considers appropriate. 

(d) AVAILABILITY OF POLICY.—The Secretary shall ensure that 

the policy developed under subsection (a) is available to— 

(1) all employees of the Administration and members of the 

commissioned officer corps of the Administration, including 

those employees and members who conduct field work for the 

Administration; and 

(2) the public. 

(e) GEOGRAPHIC DISTRIBUTION OF EQUAL EMPLOYMENT OPPOR- TUNITY PERSONNEL.—The Secretary shall designate out of existing 

staff at least 1 employee of the Administration who is tasked with 

handling matters relating to equal employment opportunity or sexual harassment at each marine and aviation center of the Administration. 

(f) QUARTERLY REPORTS.— 


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(1) IN GENERAL.—Not less frequently than 4 times each 

year, the Director of the Civil Rights Office of the Administration shall submit to the Under Secretary a report on sexual harassment in the Administration. 

(2) CONTENTS.—Each report submitted under paragraph 

(1) shall include the following: 

(A) The number of sexual harassment cases, both actionable and non-actionable, involving individuals covered 

by the policy developed under subsection (a). 

(B) The number of open actionable sexual harassment 

cases and how long the cases have been open. 

(C) Such trends or region-specific issues as the Director 

may have discovered with respect to sexual harassment in 

the Administration. 

(D) Such recommendations as the Director may have 

with respect to sexual harassment in the Administration. 

SEC. 3542. ACTIONS TO ADDRESS SEXUAL ASSAULT AT NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. 

(a) COMPREHENSIVE POLICY ON PREVENTION OF AND RESPONSE

TO SEXUAL ASSAULTS.—Not later than 1 year after the date of the 

enactment of this Act, the Secretary of Commerce shall, acting 

through the Under Secretary for Oceans and Atmosphere, develop a 

comprehensive policy on the prevention of and response to sexual assaults involving employees of the National Oceanic and Atmospheric 

Administration, members of the commissioned officer corps of the 

Administration, and individuals who work with or conduct business 

on behalf of the Administration. 

(b) ELEMENTS OF COMPREHENSIVE POLICY.—The comprehensive 

policy developed under subsection (a) shall, at minimum, address 

the following matters: 

(1) Prevention measures. 

(2) Education and training on prevention and response. 

(3) A list of support resources an individual may use in the 

occurrence of sexual assault, including— 

(A) options and contact information for after-hours contact; and 

(B) a procedure for obtaining assistance and reporting 

sexual assault while working in a remote scientific field 

camp, at sea, or in another field status. 

(4) Easy and ready availability of information described in 

paragraph (3). 

(5) Establishing a mechanism by which— 

(A) questions regarding sexual assault can be confidentially asked and confidentially answered; and 

(B) incidents of sexual assault can be confidentially reported. 

(6) Protocols for the investigation of complaints by command and law enforcement personnel. 

(7) Prohibiting retaliation and consequences for retaliatory 

actions against someone who reports a sexual assault. 

(8) Oversight by the Under Secretary of administrative and 

disciplinary actions in response to substantiated incidents of 

sexual assault. 


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(9) Victim advocacy, including establishment of and the responsibilities and training requirements for victim advocates as 

described in subsection (c). 

(10) Availability of resources for victims of sexual assault 

within other Federal agencies and State, local, and national organizations. 

(c) VICTIM ADVOCACY.— 

(1) IN GENERAL.—The Secretary, acting through the Under 

Secretary, shall establish victim advocates to advocate for victims of sexual assaults involving employees of the Administration, members of the commissioned officer corps of the Administration, and individuals who work with or conduct business on 

behalf of the Administration. 

(2) VICTIM ADVOCATES.—For purposes of this subsection, a 

victim advocate is an existing permanent employee of the Administration who— 

(A) is trained in matters relating to sexual assault and 

the comprehensive policy developed under subsection (a); 

and 

(B) serves as a victim advocate voluntarily and in addition to the employee’s other duties as an employee of the 

Administration. 

(3) PRIMARY DUTIES.—The primary duties of a victim advocate established under paragraph (1) shall include the following: 

(A) Supporting victims of sexual assault and informing 

them of their rights and the resources available to them as 

victims. 

(B) Acting as a companion in navigating investigative, 

medical, mental and emotional health, and recovery processes relating to sexual assault. 

(C) Helping to identify resources to ensure the safety of 

victims of sexual assault. 

(4) LOCATION.—The Secretary shall ensure that at least 1 

victim advocate established under paragraph (1) is stationed— 

(A) in each region in which the Administration conducts operations; and 

(B) in each marine and aviation center of the Administration. 

(5) HOTLINE.— 

(A) IN GENERAL.—In carrying out this subsection, the 

Secretary shall provide a telephone number at which a victim of a sexual assault can contact a victim advocate. 

(B) 24-HOUR ACCESS.—The Secretary shall ensure that 

the telephone number established under subparagraph (A) 

is monitored at all times. 

(C) PARTNERSHIP.—The Secretary shall, where possible, use established hotlines for purposes of this paragraph. 

(6) FORMAL RELATIONSHIPS WITH OTHER ENTITIES.—The 

Secretary may enter into formal relationships with other entities to make available additional victim advocates. 

(d) AVAILABILITY OF POLICY.—The Secretary shall ensure that 

the policy developed under subsection (a) is available to— 


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(1) all employees of the Administration and members of the 

commissioned officer corps of the Administration, including 

those employees and members who conduct field work for the 

Administration; and 

(2) the public. 

(e) CONSULTATION AND ASSISTANCE.—In developing the policy 

required by subsection (a), the Secretary may consult or receive assistance from such State, local, and national organizations and subject matter experts as the Secretary considers appropriate. 

SEC. 3543. RIGHTS OF THE VICTIM OF A SEXUAL ASSAULT. 

A victim of a sexual assault covered by the comprehensive policy 

developed under section 3542(a) has the right to be reasonably protected from the accused. 

SEC. 3544. CHANGE OF STATION. 

(a) CHANGE OF STATION, UNIT TRANSFER, OR CHANGE OF WORK

LOCATION OF VICTIMS.— 

(1) TIMELY CONSIDERATION AND ACTION UPON REQUEST.— 

The Secretary of Commerce, acting through the Under Secretary 

for Oceans and Atmosphere, shall— 

(A) in the case of a member of the commissioned officer 

corps of the National Oceanic and Atmospheric Administration who was a victim of a sexual assault, in order to 

reduce the possibility of retaliation or further sexual assault, provide for timely determination and action on an 

application submitted by the victim for consideration of a 

change of station or unit transfer of the victim; and 

(B) in the case of an employee of the Administration 

who was a victim of a sexual assault, to the degree practicable and in order to reduce the possibility of retaliation 

against the employee for reporting the sexual assault, accommodate a request for a change of work location of the 

victim. 

(2) PROCEDURES.— 

(A) PERIOD FOR APPROVAL AND DISAPPROVAL.—The Secretary, acting through the Under Secretary, shall ensure 

that an application or request submitted under paragraph 

(1) for a change of station, unit transfer, or change of work 

location is approved or denied within 72 hours of the submission of the application or request. 

(B) REVIEW.—If an application or request submitted 

under paragraph (1) by a victim of a sexual assault for a 

change of station, unit transfer, or change of work location 

of the victim is denied— 

(i) the victim may request the Secretary to review 

the denial; and 

(ii) the Secretary, acting through the Under Secretary, shall, not later than 72 hours after receiving 

such request, affirm or overturn the denial. 

(b) CHANGE OF STATION, UNIT TRANSFER, AND CHANGE OF

WORK LOCATION OF ALLEGED PERPETRATORS.— (1) IN GENERAL.—The Secretary, acting through the Under 

Secretary, shall develop a policy for the protection of victims of 

sexual assault described in subsection (a)(1) by providing the 

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tion, unit transfer, or change of work location, as the case may 

be, if the alleged perpetrator is a member of the commissioned 

officer corps of the Administration or an employee of the Administration. 

(2) POLICY REQUIREMENTS.—The policy required by paragraph (1) shall include the following: 

(A) A means to control access to the victim. 

(B) Due process for the victim and the alleged perpetrator. 

(c) REGULATIONS.— 

(1) IN GENERAL.—The Secretary shall promulgate regulations to carry out this section. 

(2) CONSISTENCY.—When practicable, the Secretary shall 

make regulations promulgated under this section consistent 

with similar regulations promulgated by the Secretary of Defense. 

SEC. 3545. APPLICABILITY OF POLICIES TO CREWS OF VESSELS SECURED BY NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION UNDER CONTRACT. 

The Under Secretary for Oceans and Atmosphere shall ensure 

that each contract into which the Under Secretary enters for the use 

of a vessel by the National Oceanic and Atmospheric Administration that covers the crew of the vessel, if any, shall include as a condition of the contract a provision that subjects such crew to the policy developed under section 3541(a) and the comprehensive policy 

developed under section 3542(a). 

SEC. 3546. ANNUAL REPORT ON SEXUAL ASSAULTS IN THE NATIONAL 

OCEANIC AND ATMOSPHERIC ADMINISTRATION. 

(a) IN GENERAL.—Not later than January 15 of each year, the 

Secretary of Commerce shall submit to the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee on 

Natural Resources of the House of Representatives a report on the 

sexual assaults involving employees of the National Oceanic and Atmospheric Administration, members of the commissioned officer 

corps of the Administration, and individuals who work with or conduct business on behalf of the Administration. 

(b) CONTENTS.—Each report submitted under subsection (a) 

shall include, with respect to the previous calendar year, the following: 

(1) The number of alleged sexual assaults involving employees, members, and individuals described in subsection (a). 

(2) A synopsis of each case and the disciplinary action 

taken, if any, in each case. 

(3) The policies, procedures, and processes implemented by 

the Secretary, and any updates or revisions to such policies, 

procedures, and processes. 

(4) A summary of the reports received by the Under Secretary for Oceans and Atmosphere under section 3541(f). 

(c) PRIVACY PROTECTION.—In preparing and submitting a report under subsection (a), the Secretary shall ensure that no individual involved in an alleged sexual assault can be identified by the 

contents of the report. 


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SEC. 3547. SEXUAL ASSAULT DEFINED. 

In this subtitle, the term ‘‘sexual assault’’ shall have the meaning given such term in section 40002(a) of the Violence Against 

Women Act of 1994 (42 U.S.C. 13925(a)). 

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. 

Sec. 4103. Procurement for overseas contingency operations for base requirements. 

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. 

Sec. 4203. Research, development, test, and evaluation for overseas contingency operations for base requirements. 

TITLE XLIII—OPERATION AND MAINTENANCE 

Sec. 4301. Operation and maintenance. 

Sec. 4302. Operation and maintenance for overseas contingency operations. 

Sec. 4303. Operation and maintenance for overseas contingency operations for base 

requirements. 

TITLE XLIV—MILITARY PERSONNEL 

Sec. 4401. Military personnel. 

Sec. 4402. Military personnel for overseas contingency operations. 

Sec. 4403. Military personnel for overseas contingency operations for base requirements. 

TITLE XLV—OTHER AUTHORIZATIONS 

Sec. 4501. Other authorizations. 

Sec. 4502. Other authorizations for overseas contingency operations. 

Sec. 4503. Other authorizations for overseas contingency operations for base requirements. 

TITLE XLVI—MILITARY CONSTRUCTION 

Sec. 4601. Military construction. 

Sec. 4602. Military construction for overseas contingency operations. 

Sec. 4603. Military construction for overseas contingency operations for base requirements. 

TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

Sec. 4701. Department of Energy national security programs. 

SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES. 

(a) IN GENERAL.—Whenever a funding table in this division 

specifies a dollar amount authorized for a project, program, or activity, the obligation and expenditure of the specified dollar amount 

for the project, program, or activity is hereby authorized, subject to 

the availability of appropriations. 

(b) MERIT-BASED DECISIONS.—A decision to commit, obligate, 

or expend funds with or to a specific entity on the basis of a dollar 

amount authorized pursuant to subsection (a) shall— 

(1) be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 

10, United States Code, or on competitive procedures; and 

(2) comply with other applicable provisions of law. 

(c) RELATIONSHIP TO TRANSFER AND PROGRAMMING AUTHORITY.—An amount specified in the funding tables in this division 

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programming authority provided by another provision of this Act or 

by other law. The transfer or reprogramming of an amount specified 

in such funding tables shall not count against a ceiling on such 

transfers or reprogrammings under section 1001 or section 1522 of 

this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts. 

(d) APPLICABILITY TO CLASSIFIED ANNEX.—This section applies 

to any classified annex that accompanies this Act. 

(e) ORAL AND WRITTEN COMMUNICATIONS.—No oral or written 

communication concerning any amount specified in the funding tables in this division shall supersede the requirements of this section. 

TITLE XLI—PROCUREMENT 

SEC. 4101. PROCUREMENT. 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

AIRCRAFT PROCUREMENT, ARMY 

FIXED WING 

001 UTILITY F/W AIRCRAFT ......................................... 57,529 57,529 

003 MQ–1 UAV ................................................................... 55,388 55,388 

ROTARY 

006 AH–64 APACHE BLOCK IIIA REMAN .................... 803,084 803,084 

007 ADVANCE PROCUREMENT (CY) ........................ 185,160 185,160 

008 UH–60 BLACKHAWK M MODEL (MYP) ................. 755,146 755,146 

009 ADVANCE PROCUREMENT (CY) ........................ 174,107 174,107 

010 UH–60 BLACK HAWK A AND L MODELS ............. 46,173 46,173 

011 CH–47 HELICOPTER ................................................ 556,257 556,257 

012 ADVANCE PROCUREMENT (CY) ........................ 8,707 8,707 

MODIFICATION OF AIRCRAFT 

013 MQ–1 PAYLOAD (MIP) .............................................. 43,735 43,735 

015 MULTI SENSOR ABN RECON (MIP) ..................... 94,527 94,527 

016 AH–64 MODS .............................................................. 137,883 137,883 

017 CH–47 CARGO HELICOPTER MODS (MYP) ......... 102,943 102,943 

018 GRCS SEMA MODS (MIP) ........................................ 4,055 4,055 

019 ARL SEMA MODS (MIP) ........................................... 6,793 6,793 

020 EMARSS SEMA MODS (MIP) .................................. 13,197 13,197 

021 UTILITY/CARGO AIRPLANE MODS ..................... 17,526 17,526 

022 UTILITY HELICOPTER MODS ............................... 10,807 10,807 

023 NETWORK AND MISSION PLAN ........................... 74,752 74,752 

024 COMMS, NAV SURVEILLANCE .............................. 69,960 69,960 

025 GATM ROLLUP .......................................................... 45,302 45,302 

026 RQ–7 UAV MODS ....................................................... 71,169 71,169 

027 UAS MODS ................................................................. 21,804 21,804 

GROUND SUPPORT AVIONICS 

028 AIRCRAFT SURVIVABILITY EQUIPMENT ........... 67,377 67,377 

029 SURVIVABILITY CM ................................................. 9,565 9,565 

030 CMWS .......................................................................... 41,626 41,626 

OTHER SUPPORT 

032 AVIONICS SUPPORT EQUIPMENT ....................... 7,007 7,007 

033 COMMON GROUND EQUIPMENT ......................... 48,234 48,234 

034 AIRCREW INTEGRATED SYSTEMS ...................... 30,297 30,297 

035 AIR TRAFFIC CONTROL .......................................... 50,405 50,405 

036 INDUSTRIAL FACILITIES ....................................... 1,217 1,217 

037 LAUNCHER, 2.75 ROCKET ...................................... 3,055 3,055 

TOTAL AIRCRAFT PROCUREMENT, 

ARMY.

3,614,787 3,614,787 

MISSILE PROCUREMENT, ARMY 

SURFACE-TO-AIR MISSILE SYSTEM 

001 LOWER TIER AIR AND MISSILE DEFENSE 

(AMD).

126,470 126,470 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

002 MSE MISSILE ............................................................ 423,201 423,201 

003 ADVANCE PROCUREMENT (CY) ........................ 19,319 19,319 

AIR-TO-SURFACE MISSILE SYSTEM 

004 HELLFIRE SYS SUMMARY ..................................... 42,013 42,013 

005 JOINT AIR-TO-GROUND MSLS (JAGM) ............... 64,751 64,751 

006 ADVANCE PROCUREMENT (CY) ........................ 37,100 37,100 

ANTI-TANK/ASSAULT MISSILE SYS 

007 JAVELIN (AAWS-M) SYSTEM SUMMARY ............ 73,508 72,904 

Engineering services cost growth ........................ [–604 ] 

008 TOW 2 SYSTEM SUMMARY .................................... 64,922 64,922 

009 ADVANCE PROCUREMENT (CY) ........................ 19,949 10,716 

Advance procurement cost growth ....................... [–9,233 ] 

010 GUIDED MLRS ROCKET (GMLRS) ........................ 172,088 172,088 

011 MLRS REDUCED RANGE PRACTICE ROCKETS 

(RRPR).

18,004 18,004 

MODIFICATIONS 

013 PATRIOT MODS ......................................................... 197,107 197,107 

014 ATACMS MODS ......................................................... 150,043 150,043 

015 GMLRS MOD .............................................................. 395 395 

017 AVENGER MODS ....................................................... 33,606 33,606 

018 ITAS/TOW MODS ...................................................... 383 383 

019 MLRS MODS .............................................................. 34,704 34,704 

020 HIMARS MODIFICATIONS ...................................... 1,847 1,847 

SPARES AND REPAIR PARTS 

021 SPARES AND REPAIR PARTS ................................ 34,487 34,487 

SUPPORT EQUIPMENT & FACILITIES 

022 AIR DEFENSE TARGETS ......................................... 4,915 4,915 

024 PRODUCTION BASE SUPPORT ............................. 1,154 1,154 

TOTAL MISSILE PROCUREMENT, 

ARMY.

1,519,966 1,510,129 

PROCUREMENT OF W&TCV, ARMY 

TRACKED COMBAT VEHICLES 

001 STRYKER VEHICLE .................................................. 71,680 71,680 

MODIFICATION OF TRACKED COMBAT VEHICLES 

002 STRYKER (MOD) ....................................................... 74,348 74,348 

003 STRYKER UPGRADE ................................................ 444,561 433,561 

Early to need ........................................................ [–11,000 ] 

005 BRADLEY PROGRAM (MOD) ................................... 276,433 273,333 

Excess program management growth ................. [–3,100 ] 

006 HOWITZER, MED SP FT 155MM M109A6 (MOD) 63,138 63,138 

007 PALADIN INTEGRATED MANAGEMENT (PIM) .. 469,305 469,305 

008 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES).91,963 91,963 

009 ASSAULT BRIDGE (MOD) ........................................ 3,465 3,465 

010 ASSAULT BREACHER VEHICLE ........................... 2,928 2,928 

011 M88 FOV MODS ......................................................... 8,685 8,685 

012 JOINT ASSAULT BRIDGE ....................................... 64,752 64,752 

013 M1 ABRAMS TANK (MOD) ....................................... 480,166 480,166 

014 ABRAMS UPGRADE PROGRAM ............................. 100,000 

Realign APS Unit Set Requirements from OCO [100,000 ] 

WEAPONS & OTHER COMBAT VEHICLES 

016 INTEGRATED AIR BURST WEAPON SYSTEM 

FAMILY.

9,764 9,764 

017 MORTAR SYSTEMS .................................................. 8,332 8,332 

018 XM320 GRENADE LAUNCHER MODULE (GLM) 3,062 3,062 

019 COMPACT SEMI-AUTOMATIC SNIPER SYSTEM 992 992 

020 CARBINE ..................................................................... 40,493 40,493 

021 COMMON REMOTELY OPERATED WEAPONS 

STATION.

25,164 25,164 

MOD OF WEAPONS AND OTHER COMBAT 

VEH 

022 MK–19 GRENADE MACHINE GUN MODS ............ 4,959 4,959 


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(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

023 M777 MODS ................................................................ 11,913 11,913 

024 M4 CARBINE MODS ................................................. 29,752 29,752 

025 M2 50 CAL MACHINE GUN MODS ........................ 48,582 48,582 

026 M249 SAW MACHINE GUN MODS ......................... 1,179 1,179 

027 M240 MEDIUM MACHINE GUN MODS ................. 1,784 1,784 

028 SNIPER RIFLES MODIFICATIONS ........................ 971 971 

029 M119 MODIFICATIONS ............................................ 6,045 6,045 

030 MORTAR MODIFICATION ....................................... 12,118 12,118 

031 MODIFICATIONS LESS THAN $5.0M (WOCVWTCV).3,157 3,157 

SUPPORT EQUIPMENT & FACILITIES 

032 ITEMS LESS THAN $5.0M (WOCV-WTCV) ............ 2,331 2,331 

035 SMALL ARMS EQUIPMENT (SOLDIER ENH 

PROG).

3,155 3,155 

TOTAL PROCUREMENT OF W&TCV, 

ARMY.

2,265,177 2,351,077 

PROCUREMENT OF AMMUNITION, ARMY 

SMALL/MEDIUM CAL AMMUNITION 

001 CTG, 5.56MM, ALL TYPES ....................................... 40,296 40,296 

002 CTG, 7.62MM, ALL TYPES ....................................... 39,237 39,237 

003 CTG, HANDGUN, ALL TYPES ................................. 5,193 5,193 

004 CTG, .50 CAL, ALL TYPES ....................................... 46,693 46,693 

005 CTG, 20MM, ALL TYPES .......................................... 7,000 7,000 

006 CTG, 25MM, ALL TYPES .......................................... 7,753 6,453 

Program reduction ............................................... [–1,300 ] 

007 CTG, 30MM, ALL TYPES .......................................... 47,000 47,000 

008 CTG, 40MM, ALL TYPES .......................................... 118,178 111,824 

Early to need ........................................................ [–6,354 ] 

MORTAR AMMUNITION 

009 60MM MORTAR, ALL TYPES .................................. 69,784 69,784 

010 81MM MORTAR, ALL TYPES .................................. 36,125 36,125 

011 120MM MORTAR, ALL TYPES ................................ 69,133 69,133 

TANK AMMUNITION 

012 CARTRIDGES, TANK, 105MM AND 120MM, ALL 

TYPES.

120,668 117,868 

Early to need ........................................................ [–2,800 ] 

ARTILLERY AMMUNITION 

013 ARTILLERY CARTRIDGES, 75MM & 105MM, 

ALL TYPES.

64,800 61,300 

75mm blanks early to need .................................. [–3,500 ] 

014 ARTILLERY PROJECTILE, 155MM, ALL TYPES 109,515 109,515 

015 PROJ 155MM EXTENDED RANGE M982 .............. 39,200 39,200 

016 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL.70,881 70,881 

ROCKETS 

019 SHOULDER LAUNCHED MUNITIONS, ALL 

TYPES.

38,000 38,000 

020 ROCKET, HYDRA 70, ALL TYPES .......................... 87,213 87,213 

OTHER AMMUNITION 

021 CAD/PAD, ALL TYPES ............................................. 4,914 4,914 

022 DEMOLITION MUNITIONS, ALL TYPES .............. 6,380 6,380 

023 GRENADES, ALL TYPES .......................................... 22,760 22,760 

024 SIGNALS, ALL TYPES .............................................. 10,666 10,666 

025 SIMULATORS, ALL TYPES ..................................... 7,412 7,412 

MISCELLANEOUS 

026 AMMO COMPONENTS, ALL TYPES ...................... 12,726 12,726 

027 NON-LETHAL AMMUNITION, ALL TYPES .......... 6,100 5,900 

Early to need ........................................................ [–200 ] 

028 ITEMS LESS THAN $5 MILLION (AMMO) ............ 10,006 9,506 

Early to need ........................................................ [–500 ] 

029 AMMUNITION PECULIAR EQUIPMENT .............. 17,275 13,575 

Early to need ........................................................ [–3,700 ] 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

030 FIRST DESTINATION TRANSPORTATION 

(AMMO).

14,951 14,951 

PRODUCTION BASE SUPPORT 

032 INDUSTRIAL FACILITIES ....................................... 222,269 242,269 

Program increase ................................................. [20,000 ] 

033 CONVENTIONAL MUNITIONS DEMILITARIZATION.157,383 157,383 

034 ARMS INITIATIVE .................................................... 3,646 3,646 

TOTAL PROCUREMENT OF AMMUNITION, ARMY.1,513,157 1,514,803 

OTHER PROCUREMENT, ARMY 

TACTICAL VEHICLES 

001 TACTICAL TRAILERS/DOLLY SETS .................... 3,733 3,733 

002 SEMITRAILERS, FLATBED: .................................... 3,716 3,716 

003 HI MOB MULTI-PURP WHLD VEH (HMMWV) ..... 50,000 

HMMWV M997A3 ambulance recapitalization 

for Active Component.

[50,000 ] 

004 GROUND MOBILITY VEHICLES (GMV) ................ 4,907 4,907 

006 JOINT LIGHT TACTICAL VEHICLE ...................... 587,514 587,514 

007 TRUCK, DUMP, 20T (CCE) ....................................... 3,927 3,927 

008 FAMILY OF MEDIUM TACTICAL VEH (FMTV) ... 53,293 53,293 

009 FIRETRUCKS & ASSOCIATED FIREFIGHTING 

EQUIP.

7,460 7,460 

010 FAMILY OF HEAVY TACTICAL VEHICLES 

(FHTV).

39,564 39,564 

011 PLS ESP ...................................................................... 11,856 11,856 

013 TACTICAL WHEELED VEHICLE PROTECTION 

KITS.

49,751 49,751 

014 MODIFICATION OF IN SVC EQUIP ....................... 64,000 54,000 

Program reduction ............................................... [–10,000 ] 

015 MINE-RESISTANT AMBUSH-PROTECTED 

(MRAP) MODS.

10,611 10,611 

NON-TACTICAL VEHICLES 

016 HEAVY ARMORED SEDAN ...................................... 394 394 

018 NONTACTICAL VEHICLES, OTHER ...................... 1,755 1,755 

COMM—JOINT COMMUNICATIONS 

019 WIN-T—GROUND FORCES TACTICAL NETWORK.427,598 427,598 

020 SIGNAL MODERNIZATION PROGRAM ................ 58,250 58,250 

021 JOINT INCIDENT SITE COMMUNICATIONS 

CAPABILITY.

5,749 5,749 

022 JCSE EQUIPMENT (USREDCOM) .......................... 5,068 5,068 

COMM—SATELLITE COMMUNICATIONS 

023 DEFENSE ENTERPRISE WIDEBAND SATCOM 

SYSTEMS.

143,805 143,805 

024 TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS.36,580 36,580 

025 SHF TERM .................................................................. 1,985 1,985 

027 SMART-T (SPACE) ..................................................... 9,165 9,165 

COMM—C3 SYSTEM 

031 ARMY GLOBAL CMD & CONTROL SYS (AGCCS) 2,530 2,530 

COMM—COMBAT COMMUNICATIONS 

033 HANDHELD MANPACK SMALL FORM FIT 

(HMS).

273,645 273,645 

034 MID-TIER NETWORKING VEHICULAR RADIO 

(MNVR).

25,017 25,017 

035 RADIO TERMINAL SET, MIDS LVT(2) .................. 12,326 12,326 

037 TRACTOR DESK ........................................................ 2,034 2,034 

038 TRACTOR RIDE ......................................................... 2,334 2,334 

039 SPIDER APLA REMOTE CONTROL UNIT ............ 1,985 1,985 

040 SPIDER FAMILY OF NETWORKED MUNITIONS 

INCR.

10,796 10,796 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

042 TACTICAL COMMUNICATIONS AND PROTECTIVE SYSTEM.3,607 3,607 

043 UNIFIED COMMAND SUITE ................................... 14,295 14,295 

045 FAMILY OF MED COMM FOR COMBAT CASUALTY CARE.19,893 19,893 

COMM—INTELLIGENCE COMM 

047 CI AUTOMATION ARCHITECTURE ....................... 1,388 1,388 

048 ARMY CA/MISO GPF EQUIPMENT ....................... 5,494 5,494 

INFORMATION SECURITY 

049 FAMILY OF BIOMETRICS ....................................... 2,978 2,978 

051 COMMUNICATIONS SECURITY (COMSEC) ........ 131,356 131,356 

052 DEFENSIVE CYBER OPERATIONS ....................... 15,132 15,132 

COMM—LONG HAUL COMMUNICATIONS 

053 BASE SUPPORT COMMUNICATIONS ................... 27,452 27,452 

COMM—BASE COMMUNICATIONS 

054 INFORMATION SYSTEMS ....................................... 122,055 122,055 

055 EMERGENCY MANAGEMENT MODERNIZATION PROGRAM.4,286 4,286 

056 INSTALLATION INFO INFRASTRUCTURE MOD 

PROGRAM.

131,794 131,794 

ELECT EQUIP—TACT INT REL ACT (TIARA) 

059 JTT/CIBS-M ............................................................... 5,337 5,337 

062 DCGS-A (MIP) ............................................................. 242,514 217,814 

Program reduction ............................................... [–24,700 ] 

063 JOINT TACTICAL GROUND STATION (JTAGS) 4,417 4,417 

064 TROJAN (MIP) ........................................................... 17,455 17,455 

065 MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) ........ 44,965 44,965 

066 CI HUMINT AUTO REPRTING AND 

COLL(CHARCS).

7,658 7,658 

067 CLOSE ACCESS TARGET RECONNAISSANCE 

(CATR).

7,970 7,970 

068 MACHINE FOREIGN LANGUAGE TRANSLATION SYSTEM-M.545 545 

ELECT EQUIP—ELECTRONIC WARFARE 

(EW) 

070 LIGHTWEIGHT COUNTER MORTAR RADAR ...... 74,038 68,453 

Unit cost growth ................................................... [–5,585 ] 

071 EW PLANNING & MANAGEMENT TOOLS 

(EWPMT).

3,235 3,235 

072 AIR VIGILANCE (AV) ................................................ 733 733 

074 FAMILY OF PERSISTENT SURVEILLANCE 

CAPABILITIE.

1,740 1,740 

075 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES.455 455 

076 CI MODERNIZATION ............................................... 176 176 

ELECT EQUIP—TACTICAL SURV. (TAC 

SURV) 

077 SENTINEL MODS ...................................................... 40,171 40,171 

078 NIGHT VISION DEVICES ........................................ 163,029 163,029 

079 SMALL TACTICAL OPTICAL RIFLE MOUNTED 

MLRF.

15,885 15,885 

080 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS.48,427 48,427 

081 FAMILY OF WEAPON SIGHTS (FWS) .................... 55,536 55,536 

082 ARTILLERY ACCURACY EQUIP ............................. 4,187 4,187 

085 JOINT BATTLE COMMAND—PLATFORM (JBCP).137,501 137,501 

086 JOINT EFFECTS TARGETING SYSTEM (JETS) 50,726 50,726 

087 MOD OF IN-SVC EQUIP (LLDR) ............................. 28,058 28,058 

088 COMPUTER BALLISTICS: LHMBC XM32 ............. 5,924 5,924 

089 MORTAR FIRE CONTROL SYSTEM ...................... 22,331 22,331 

090 COUNTERFIRE RADARS ......................................... 314,509 281,509 

Unit cost savings .................................................. [–33,000 ] 

ELECT EQUIP—TACTICAL C2 SYSTEMS 


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(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

091 FIRE SUPPORT C2 FAMILY .................................... 8,660 8,660 

092 AIR & MSL DEFENSE PLANNING & CONTROL 

SYS.

54,376 54,376 

093 IAMD BATTLE COMMAND SYSTEM ..................... 204,969 204,969 

094 LIFE CYCLE SOFTWARE SUPPORT (LCSS) ........ 4,718 4,718 

095 NETWORK MANAGEMENT INITIALIZATION 

AND SERVICE.

11,063 11,063 

096 MANEUVER CONTROL SYSTEM (MCS) ............... 151,318 151,318 

097 GLOBAL COMBAT SUPPORT SYSTEM-ARMY 

(GCSS-A).

155,660 155,660 

098 INTEGRATED PERSONNEL AND PAY SYSTEMARMY (IPP.4,214 4,214 

099 RECONNAISSANCE AND SURVEYING INSTRUMENT SET.

16,185 16,185 

100 MOD OF IN-SVC EQUIPMENT (ENFIRE) ............. 1,565 1,565 

ELECT EQUIP—AUTOMATION 

101 ARMY TRAINING MODERNIZATION .................... 17,693 17,693 

102 AUTOMATED DATA PROCESSING EQUIP .......... 107,960 107,960 

103 GENERAL FUND ENTERPRISE BUSINESS SYSTEMS FAM.6,416 6,416 

104 HIGH PERF COMPUTING MOD PGM (HPCMP) .. 58,614 58,614 

105 CONTRACT WRITING SYSTEM .............................. 986 986 

106 RESERVE COMPONENT AUTOMATION SYS 

(RCAS).

23,828 23,828 

ELECT EQUIP—AUDIO VISUAL SYS (A/V) 

107 TACTICAL DIGITAL MEDIA .................................... 1,191 1,191 

108 ITEMS LESS THAN $5M (SURVEYING EQUIPMENT).1,995 1,995 

ELECT EQUIP—SUPPORT 

109 PRODUCTION BASE SUPPORT (C-E) ................... 403 403 

CLASSIFIED PROGRAMS 

110A CLASSIFIED PROGRAMS ........................................ 4,436 4,436 

CHEMICAL DEFENSIVE EQUIPMENT 

111 PROTECTIVE SYSTEMS .......................................... 2,966 2,966 

112 FAMILY OF NON-LETHAL EQUIPMENT (FNLE) 9,795 9,795 

114 CBRN DEFENSE ........................................................ 17,922 17,922 

BRIDGING EQUIPMENT 

115 TACTICAL BRIDGING .............................................. 13,553 13,553 

116 TACTICAL BRIDGE, FLOAT-RIBBON .................... 25,244 25,244 

117 BRIDGE SUPPLEMENTAL SET .............................. 983 983 

118 COMMON BRIDGE TRANSPORTER (CBT) 

RECAP.

25,176 25,176 

ENGINEER (NON-CONSTRUCTION) EQUIPMENT 

119 GRND STANDOFF MINE DETECTN SYSM 

(GSTAMIDS).

39,350 39,350 

120 AREA MINE DETECTION SYSTEM (AMDS) ........ 10,500 10,500 

121 HUSKY MOUNTED DETECTION SYSTEM 

(HMDS).

274 274 

122 ROBOTIC COMBAT SUPPORT SYSTEM (RCSS) 2,951 2,951 

123 EOD ROBOTICS SYSTEMS RECAPITALIZATION 1,949 1,949 

124 ROBOTICS AND APPLIQUE SYSTEMS ................. 5,203 5,203 

125 EXPLOSIVE ORDNANCE DISPOSAL EQPMT 

(EOD EQPMT).

5,570 5,570 

126 REMOTE DEMOLITION SYSTEMS ........................ 6,238 6,238 

127 < $5M, COUNTERMINE EQUIPMENT ................... 836 836 

128 FAMILY OF BOATS AND MOTORS ........................ 3,171 3,171 

COMBAT SERVICE SUPPORT EQUIPMENT 

129 HEATERS AND ECU’S .............................................. 18,707 18,707 

130 SOLDIER ENHANCEMENT ..................................... 2,112 2,112 

131 PERSONNEL RECOVERY SUPPORT SYSTEM 

(PRSS).

10,856 10,856 

132 GROUND SOLDIER SYSTEM .................................. 32,419 32,419 

133 MOBILE SOLDIER POWER ..................................... 30,014 30,014 


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Line Item FY 2017 

Request 

Conference 

Authorized 

135 FIELD FEEDING EQUIPMENT ............................... 12,544 12,544 

136 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM.18,509 18,509 

137 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS.29,384 29,384 

PETROLEUM EQUIPMENT 

139 QUALITY SURVEILLANCE EQUIPMENT ............. 4,487 4,487 

140 DISTRIBUTION SYSTEMS, PETROLEUM & 

WATER.

42,656 35,656 

Program decrease ................................................. [–7,000 ] 

MEDICAL EQUIPMENT 

141 COMBAT SUPPORT MEDICAL ............................... 59,761 59,761 

MAINTENANCE EQUIPMENT 

142 MOBILE MAINTENANCE EQUIPMENT SYSTEMS.35,694 32,194 

Program reduction ............................................... [–3,500 ] 

143 ITEMS LESS THAN $5.0M (MAINT EQ) ................ 2,716 2,716 

CONSTRUCTION EQUIPMENT 

144 GRADER, ROAD MTZD, HVY, 6X4 (CCE) .............. 1,742 1,742 

145 SCRAPERS, EARTHMOVING .................................. 26,233 26,233 

147 HYDRAULIC EXCAVATOR ....................................... 1,123 1,123 

149 ALL TERRAIN CRANES ........................................... 65,285 65,285 

151 HIGH MOBILITY ENGINEER EXCAVATOR 

(HMEE).

1,743 1,743 

152 ENHANCED RAPID AIRFIELD CONSTRUCTION 

CAPAP.

2,779 2,779 

154 CONST EQUIP ESP ................................................... 26,712 22,212 

Program reduction ............................................... [–4,500 ] 

155 ITEMS LESS THAN $5.0M (CONST EQUIP) ......... 6,649 6,649 

RAIL FLOAT CONTAINERIZATION EQUIPMENT 

156 ARMY WATERCRAFT ESP ....................................... 21,860 21,860 

157 ITEMS LESS THAN $5.0M (FLOAT/RAIL) ........... 1,967 1,967 

GENERATORS 

158 GENERATORS AND ASSOCIATED EQUIP ........... 113,266 113,266 

159 TACTICAL ELECTRIC POWER RECAPITALIZATION.7,867 7,867 

MATERIAL HANDLING EQUIPMENT 

160 FAMILY OF FORKLIFTS .......................................... 2,307 2,307 

TRAINING EQUIPMENT 

161 COMBAT TRAINING CENTERS SUPPORT .......... 75,359 75,359 

162 TRAINING DEVICES, NONSYSTEM ...................... 253,050 253,050 

163 CLOSE COMBAT TACTICAL TRAINER ................. 48,271 48,271 

164 AVIATION COMBINED ARMS TACTICAL 

TRAINER.

40,000 40,000 

165 GAMING TECHNOLOGY IN SUPPORT OF ARMY 

TRAINING.

11,543 11,543 

TEST MEASURE AND DIG EQUIPMENT 

(TMD) 

166 CALIBRATION SETS EQUIPMENT ........................ 4,963 4,963 

167 INTEGRATED FAMILY OF TEST EQUIPMENT 

(IFTE).

29,781 29,781 

168 TEST EQUIPMENT MODERNIZATION (TEMOD) 6,342 6,342 

OTHER SUPPORT EQUIPMENT 

169 M25 STABILIZED BINOCULAR .............................. 3,149 3,149 

170 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT.18,003 18,003 

171 PHYSICAL SECURITY SYSTEMS (OPA3) ............. 44,082 44,082 

172 BASE LEVEL COMMON EQUIPMENT .................. 2,168 2,168 

173 MODIFICATION OF IN-SVC EQUIPMENT (OPA– 

3).

67,367 67,367 

174 PRODUCTION BASE SUPPORT (OTH) .................. 1,528 1,528 

175 SPECIAL EQUIPMENT FOR USER TESTING ...... 8,289 8,289 

177 TRACTOR YARD ........................................................ 6,888 6,888 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

OPA2 

179 INITIAL SPARES—C&E ........................................... 27,243 27,243 

TOTAL OTHER PROCUREMENT, ARMY 5,873,949 5,835,664 

AIRCRAFT PROCUREMENT, NAVY 

COMBAT AIRCRAFT 

003 JOINT STRIKE FIGHTER CV .................................. 890,650 890,650 

004 ADVANCE PROCUREMENT (CY) ........................ 80,908 80,908 

005 JSF STOVL ................................................................. 2,037,768 2,037,768 

006 ADVANCE PROCUREMENT (CY) ........................ 233,648 233,648 

007 CH–53K (HEAVY LIFT) ............................................. 348,615 348,615 

008 ADVANCE PROCUREMENT (CY) ........................ 88,365 88,365 

009 V–22 (MEDIUM LIFT) ............................................... 1,264,134 1,249,134 

Support cost growth ............................................. [–15,000 ] 

010 ADVANCE PROCUREMENT (CY) ........................ 19,674 19,674 

011 H–1 UPGRADES (UH–1Y/AH–1Z) ........................... 759,778 756,586 

Airframe unit cost growth ................................... [–3,192 ] 

012 ADVANCE PROCUREMENT (CY) ........................ 57,232 57,232 

014 MH–60R (MYP) ........................................................... 61,177 53,177 

Line shutdown costs—early to need .................... [–8,000 ] 

016 P–8A POSEIDON ........................................................ 1,940,238 1,863,238 

Airfrane unit cost growth .................................... [–77,000 ] 

017 ADVANCE PROCUREMENT (CY) ........................ 123,140 123,140 

018 E–2D ADV HAWKEYE ............................................... 916,483 916,483 

019 ADVANCE PROCUREMENT (CY) ........................ 125,042 125,042 

TRAINER AIRCRAFT 

020 JPATS .......................................................................... 5,849 5,849 

OTHER AIRCRAFT 

021 KC–130J ....................................................................... 128,870 128,870 

022 ADVANCE PROCUREMENT (CY) ........................ 24,848 24,848 

023 MQ–4 TRITON ............................................................ 409,005 396,125 

Unit cost savings .................................................. [–12,880 ] 

024 ADVANCE PROCUREMENT (CY) ........................ 55,652 55,652 

025 MQ–8 UAV ................................................................... 72,435 72,435 

MODIFICATION OF AIRCRAFT 

029 AEA SYSTEMS ........................................................... 51,900 51,900 

030 AV–8 SERIES .............................................................. 60,818 60,818 

031 ADVERSARY ............................................................... 5,191 5,191 

032 F–18 SERIES .............................................................. 1,023,492 986,192 

Unobligated balances ........................................... [–37,300 ] 

034 H–53 SERIES .............................................................. 46,095 46,095 

035 SH–60 SERIES ........................................................... 108,328 108,328 

036 H–1 SERIES ................................................................ 46,333 46,333 

037 EP–3 SERIES .............................................................. 14,681 14,681 

038 P–3 SERIES ................................................................ 2,781 2,781 

039 E–2 SERIES ................................................................ 32,949 32,949 

040 TRAINER A/C SERIES ............................................. 13,199 13,199 

041 C–2A ............................................................................. 19,066 19,066 

042 C–130 SERIES ............................................................ 61,788 59,788 

Training equipment unjustified growth (OSIP 

022–07).

[–2,000 ] 

043 FEWSG ........................................................................ 618 618 

044 CARGO/TRANSPORT A/C SERIES ....................... 9,822 9,822 

045 E–6 SERIES ................................................................ 222,077 222,077 

046 EXECUTIVE HELICOPTERS SERIES .................... 66,835 66,835 

047 SPECIAL PROJECT AIRCRAFT .............................. 16,497 16,497 

048 T–45 SERIES .............................................................. 114,887 114,887 

049 POWER PLANT CHANGES ...................................... 16,893 14,893 

Excess support growth ......................................... [–2,000 ] 

050 JPATS SERIES ........................................................... 17,401 17,401 

051 COMMON ECM EQUIPMENT ................................. 143,773 143,773 

052 COMMON AVIONICS CHANGES ............................ 164,839 164,839 

053 COMMON DEFENSIVE WEAPON SYSTEM .......... 4,403 4,403 

054 ID SYSTEMS .............................................................. 45,768 45,768 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

055 P–8 SERIES ................................................................ 18,836 18,836 

056 MAGTF EW FOR AVIATION .................................... 5,676 5,676 

057 MQ–8 SERIES ............................................................. 19,003 19,003 

058 RQ–7 SERIES ............................................................. 3,534 3,534 

059 V–22 (TILT/ROTOR ACFT) OSPREY ...................... 141,545 141,545 

060 F–35 STOVL SERIES ................................................. 34,928 34,928 

061 F–35 CV SERIES ........................................................ 26,004 26,004 

062 QRC .............................................................................. 5,476 5,476 

AIRCRAFT SPARES AND REPAIR PARTS 

063 SPARES AND REPAIR PARTS ................................ 1,407,626 1,407,626 

AIRCRAFT SUPPORT EQUIP & FACILITIES 

064 COMMON GROUND EQUIPMENT ......................... 390,103 390,103 

065 AIRCRAFT INDUSTRIAL FACILITIES .................. 23,194 23,194 

066 WAR CONSUMABLES ............................................... 40,613 40,613 

067 OTHER PRODUCTION CHARGES .......................... 860 860 

068 SPECIAL SUPPORT EQUIPMENT ......................... 36,282 36,282 

069 FIRST DESTINATION TRANSPORTATION .......... 1,523 1,523 

TOTAL AIRCRAFT PROCUREMENT, 

NAVY.

14,109,148 13,951,776 

WEAPONS PROCUREMENT, NAVY 

MODIFICATION OF MISSILES 

001 TRIDENT II MODS .................................................... 1,103,086 1,103,086 

SUPPORT EQUIPMENT & FACILITIES 

002 MISSILE INDUSTRIAL FACILITIES ...................... 6,776 6,776 

STRATEGIC MISSILES 

003 TOMAHAWK ............................................................... 186,905 179,905 

Tomahawk unit cost growth ................................ [–7,000 ] 

TACTICAL MISSILES 

004 AMRAAM ..................................................................... 204,697 197,447 

Unit cost growth ................................................... [–7,250 ] 

005 SIDEWINDER ............................................................. 70,912 70,912 

006 JSOW ........................................................................... 2,232 2,232 

007 STANDARD MISSILE ............................................... 501,212 497,968 

Diminishing manufacturing sources excess 

growth.

[–3,244 ] 

008 RAM ............................................................................. 71,557 71,557 

009 JOINT AIR GROUND MISSILE (JAGM) ................ 26,200 21,922 

Unit cost savings .................................................. [–4,278 ] 

012 STAND OFF PRECISION GUIDED MUNITIONS 

(SOPGM).

3,316 3,316 

013 AERIAL TARGETS ..................................................... 137,484 137,484 

014 OTHER MISSILE SUPPORT .................................... 3,248 3,248 

015 LRASM ......................................................................... 29,643 29,643 

MODIFICATION OF MISSILES 

016 ESSM ........................................................................... 52,935 52,935 

018 HARM MODS .............................................................. 178,213 178,213 

019 STANDARD MISSILES MODS ................................ 8,164 8,164 

SUPPORT EQUIPMENT & FACILITIES 

020 WEAPONS INDUSTRIAL FACILITIES ................... 1,964 1,964 

021 FLEET SATELLITE COMM FOLLOW-ON ............. 36,723 36,723 

ORDNANCE SUPPORT EQUIPMENT 

022 ORDNANCE SUPPORT EQUIPMENT .................... 59,096 59,096 

TORPEDOES AND RELATED EQUIP 

023 SSTD ............................................................................ 5,910 5,910 

024 MK–48 TORPEDO ...................................................... 44,537 44,537 

025 ASW TARGETS ........................................................... 9,302 9,302 

MOD OF TORPEDOES AND RELATED EQUIP 

026 MK–54 TORPEDO MODS .......................................... 98,092 98,092 

027 MK–48 TORPEDO ADCAP MODS ............................ 46,139 46,139 

028 QUICKSTRIKE MINE ................................................ 1,236 1,236 

SUPPORT EQUIPMENT 

029 TORPEDO SUPPORT EQUIPMENT ....................... 60,061 60,061 

030 ASW RANGE SUPPORT ............................................ 3,706 3,706 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

DESTINATION TRANSPORTATION 

031 FIRST DESTINATION TRANSPORTATION .......... 3,804 3,804 

GUNS AND GUN MOUNTS 

032 SMALL ARMS AND WEAPONS ............................... 18,002 18,002 

MODIFICATION OF GUNS AND GUN 

MOUNTS 

033 CIWS MODS ................................................................ 50,900 50,900 

034 COAST GUARD WEAPONS ...................................... 25,295 25,295 

035 GUN MOUNT MODS ................................................. 77,003 77,003 

036 LCS MODULE WEAPONS ........................................ 2,776 2,776 

038 AIRBORNE MINE NEUTRALIZATION SYSTEMS 15,753 15,753 

SPARES AND REPAIR PARTS 

040 SPARES AND REPAIR PARTS ................................ 62,383 62,383 

TOTAL WEAPONS PROCUREMENT, 

NAVY.

3,209,262 3,187,490 

PROCUREMENT OF AMMO, NAVY & MC 

NAVY AMMUNITION 

001 GENERAL PURPOSE BOMBS ................................. 91,659 91,659 

002 AIRBORNE ROCKETS, ALL TYPES ....................... 65,759 65,759 

003 MACHINE GUN AMMUNITION .............................. 8,152 8,152 

004 PRACTICE BOMBS .................................................... 41,873 41,873 

005 CARTRIDGES & CART ACTUATED DEVICES ..... 54,002 54,002 

006 AIR EXPENDABLE COUNTERMEASURES .......... 57,034 57,034 

007 JATOS .......................................................................... 2,735 2,735 

009 5 INCH/54 GUN AMMUNITION ............................. 19,220 19,220 

010 INTERMEDIATE CALIBER GUN AMMUNITION 30,196 30,196 

011 OTHER SHIP GUN AMMUNITION ......................... 39,009 39,009 

012 SMALL ARMS & LANDING PARTY AMMO .......... 46,727 46,727 

013 PYROTECHNIC AND DEMOLITION ...................... 9,806 9,806 

014 AMMUNITION LESS THAN $5 MILLION ............. 2,900 2,900 

MARINE CORPS AMMUNITION 

015 SMALL ARMS AMMUNITION ................................. 27,958 27,958 

017 40 MM, ALL TYPES ................................................... 14,758 14,758 

018 60MM, ALL TYPES .................................................... 992 992 

020 120MM, ALL TYPES .................................................. 16,757 12,157 

120mm early to need ............................................ [–4,600 ] 

021 GRENADES, ALL TYPES .......................................... 972 972 

022 ROCKETS, ALL TYPES ............................................. 14,186 14,186 

023 ARTILLERY, ALL TYPES ......................................... 68,656 68,656 

024 DEMOLITION MUNITIONS, ALL TYPES .............. 1,700 1,700 

025 FUZE, ALL TYPES ..................................................... 26,088 26,088 

027 AMMO MODERNIZATION ....................................... 14,660 14,660 

028 ITEMS LESS THAN $5 MILLION ........................... 8,569 6,069 

Early to need ........................................................ [–2,500 ] 

TOTAL PROCUREMENT OF AMMO, 

NAVY & MC.

664,368 657,268 

SHIPBUILDING AND CONVERSION, NAVY 

FLEET BALLISTIC MISSILE SHIPS 

001 OHIO REPLACEMENT SUBMARINE ADVANCE 

PROCUREMENT.

773,138 773,138 

OTHER WARSHIPS 

002 CARRIER REPLACEMENT PROGRAM .................. 1,291,783 1,291,783 

003 ADVANCE PROCUREMENT (CY) ........................ 1,370,784 1,370,784 

004 VIRGINIA CLASS SUBMARINE .............................. 3,187,985 3,187,985 

005 ADVANCE PROCUREMENT (CY) ........................ 1,767,234 1,852,234 

Long-lead Time Materiel Orders for Virginia 

Class.

[85,000 ] 

006 CVN REFUELING OVERHAULS ............................. 1,743,220 1,743,220 

007 ADVANCE PROCUREMENT (CY) ........................ 248,599 248,599 

008 DDG 1000 .................................................................... 271,756 271,756 

009 DDG–51 ........................................................................ 3,211,292 3,261,092 

Fund additional FY16 destroyer ......................... [49,800 ] 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

011 LITTORAL COMBAT SHIP ....................................... 1,125,625 1,097,625 

Unjustified growth ............................................... [–28,000 ] 

AMPHIBIOUS SHIPS 

012A AMPHIBIOUS SHIP REPLACEMENT LX(R) ......... 440,000 

Procurement of LPD–29 or LX (R) ...................... [440,000 ] 

016 LHA REPLACEMENT ................................................ 1,623,024 1,623,024 

AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST 

020 ADVANCE PROCUREMENT (CY) ........................ 73,079 73,079 

022 MOORED TRAINING SHIP ...................................... 624,527 624,527 

025 OUTFITTING .............................................................. 666,158 645,054 

Outfitting and post delivery funds early to need [–21,104 ] 

026 SHIP TO SHORE CONNECTOR .............................. 128,067 128,067 

027 SERVICE CRAFT ....................................................... 65,192 65,192 

028 LCAC SLEP ................................................................. 1,774 1,774 

029 YP CRAFT MAINTENANCE/ROH/SLEP .............. 21,363 21,363 

030 COMPLETION OF PY SHIPBUILDING PROGRAMS.160,274 160,274 

TOTAL SHIPBUILDING AND CONVERSION, NAVY.18,354,874 18,880,570 

OTHER PROCUREMENT, NAVY 

SHIP PROPULSION EQUIPMENT 

003 SURFACE POWER EQUIPMENT ............................ 15,514 15,514 

004 HYBRID ELECTRIC DRIVE (HED) ......................... 40,132 39,282 

Installation early to need ..................................... [–850 ] 

GENERATORS 

005 SURFACE COMBATANT HM&E ............................. 29,974 29,974 

NAVIGATION EQUIPMENT 

006 OTHER NAVIGATION EQUIPMENT ...................... 63,942 63,942 

OTHER SHIPBOARD EQUIPMENT 

008 SUB PERISCOPE, IMAGING AND SUPT EQUIP 

PROG.

136,421 136,421 

009 DDG MOD ................................................................... 367,766 367,766 

010 FIREFIGHTING EQUIPMENT ................................. 14,743 14,743 

011 COMMAND AND CONTROL SWITCHBOARD ...... 2,140 2,140 

012 LHA/LHD MIDLIFE .................................................. 24,939 24,939 

014 POLLUTION CONTROL EQUIPMENT ................... 20,191 19,342 

HF062 lightering systems unit cost growth ........ [–849 ] 

015 SUBMARINE SUPPORT EQUIPMENT .................. 8,995 8,995 

016 VIRGINIA CLASS SUPPORT EQUIPMENT ........... 66,838 66,838 

017 LCS CLASS SUPPORT EQUIPMENT ..................... 54,823 54,823 

018 SUBMARINE BATTERIES ....................................... 23,359 23,359 

019 LPD CLASS SUPPORT EQUIPMENT ..................... 40,321 40,321 

020 DDG 1000 CLASS SUPPORT EQUIPMENT ........... 33,404 33,404 

021 STRATEGIC PLATFORM SUPPORT EQUIP ......... 15,836 15,836 

022 DSSP EQUIPMENT ................................................... 806 806 

024 LCAC ............................................................................ 3,090 3,090 

025 UNDERWATER EOD PROGRAMS .......................... 24,350 24,350 

026 ITEMS LESS THAN $5 MILLION ........................... 88,719 86,899 

LSD boat davit kit cost growth ........................... [–993 ] 

Propellers and shafts unit cost growth ............... [–827 ] 

027 CHEMICAL WARFARE DETECTORS ..................... 2,873 2,873 

028 SUBMARINE LIFE SUPPORT SYSTEM ................ 6,043 6,043 

REACTOR PLANT EQUIPMENT 

030 REACTOR COMPONENTS ....................................... 342,158 342,158 

OCEAN ENGINEERING 

031 DIVING AND SALVAGE EQUIPMENT ................... 8,973 8,973 

SMALL BOATS 

032 STANDARD BOATS ................................................... 43,684 43,684 

PRODUCTION FACILITIES EQUIPMENT 

034 OPERATING FORCES IPE ....................................... 75,421 75,421 

OTHER SHIP SUPPORT 

035 NUCLEAR ALTERATIONS ....................................... 172,718 172,718 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

036 LCS COMMON MISSION MODULES EQUIPMENT.27,840 17,840 

RMMV program restructure ................................ [–10,000 ] 

037 LCS MCM MISSION MODULES ............................. 57,146 57,146 

038 LCS ASW MISSION MODULES .............................. 31,952 21,952 

Early to need ........................................................ [–10,000 ] 

039 LCS SUW MISSION MODULES .............................. 22,466 21,064 

MK–46 gun weapon system contract delays ....... [–1,402 ] 

LOGISTIC SUPPORT 

041 LSD MIDLIFE ............................................................. 10,813 10,813 

SHIP SONARS 

042 SPQ–9B RADAR .......................................................... 14,363 14,363 

043 AN/SQQ–89 SURF ASW COMBAT SYSTEM ......... 90,029 90,029 

045 SSN ACOUSTIC EQUIPMENT ................................ 248,765 248,765 

046 UNDERSEA WARFARE SUPPORT EQUIPMENT 7,163 7,163 

ASW ELECTRONIC EQUIPMENT 

048 SUBMARINE ACOUSTIC WARFARE SYSTEM ..... 21,291 21,291 

049 SSTD ............................................................................ 6,893 6,893 

050 FIXED SURVEILLANCE SYSTEM .......................... 145,701 145,701 

051 SURTASS .................................................................... 36,136 36,136 

ELECTRONIC WARFARE EQUIPMENT 

053 AN/SLQ–32 ................................................................. 274,892 266,641 

Block 3 excess support .......................................... [–4,270 ] 

Block 3T excess support ....................................... [–1,000 ] 

Block 3T installation prior year carryover ......... [–2,981 ] 

RECONNAISSANCE EQUIPMENT 

054 SHIPBOARD IW EXPLOIT ....................................... 170,733 170,733 

055 AUTOMATED IDENTIFICATION SYSTEM (AIS) 958 958 

OTHER SHIP ELECTRONIC EQUIPMENT 

057 COOPERATIVE ENGAGEMENT CAPABILITY ...... 22,034 22,034 

059 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS).12,336 12,336 

060 ATDLS ......................................................................... 30,105 30,105 

061 NAVY COMMAND AND CONTROL SYSTEM 

(NCCS).

4,556 4,556 

062 MINESWEEPING SYSTEM REPLACEMENT ........ 56,675 32,198 

Ahead of need ....................................................... [–24,477 ] 

063 SHALLOW WATER MCM .......................................... 8,875 8,875 

064 NAVSTAR GPS RECEIVERS (SPACE) .................... 12,752 12,752 

065 AMERICAN FORCES RADIO AND TV SERVICE 4,577 4,577 

066 STRATEGIC PLATFORM SUPPORT EQUIP ......... 8,972 8,972 

AVIATION ELECTRONIC EQUIPMENT 

069 ASHORE ATC EQUIPMENT .................................... 75,068 75,068 

070 AFLOAT ATC EQUIPMENT ..................................... 33,484 33,484 

076 ID SYSTEMS .............................................................. 22,177 22,177 

077 NAVAL MISSION PLANNING SYSTEMS .............. 14,273 14,273 

OTHER SHORE ELECTRONIC EQUIPMENT 

080 TACTICAL/MOBILE C4I SYSTEMS ....................... 27,927 27,927 

081 DCGS-N ....................................................................... 12,676 12,676 

082 CANES ......................................................................... 212,030 212,030 

083 RADIAC ....................................................................... 8,092 8,092 

084 CANES-INTELL ......................................................... 36,013 36,013 

085 GPETE ......................................................................... 6,428 6,428 

087 INTEG COMBAT SYSTEM TEST FACILITY ......... 8,376 8,376 

088 EMI CONTROL INSTRUMENTATION ................... 3,971 3,971 

089 ITEMS LESS THAN $5 MILLION ........................... 58,721 58,721 

SHIPBOARD COMMUNICATIONS 

090 SHIPBOARD TACTICAL COMMUNICATIONS ..... 17,366 17,366 

091 SHIP COMMUNICATIONS AUTOMATION ........... 102,479 102,479 

092 COMMUNICATIONS ITEMS UNDER $5M ............ 10,403 10,403 

SUBMARINE COMMUNICATIONS 

093 SUBMARINE BROADCAST SUPPORT ................... 34,151 34,151 

094 SUBMARINE COMMUNICATION EQUIPMENT .. 64,529 64,529 

SATELLITE COMMUNICATIONS 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

095 SATELLITE COMMUNICATIONS SYSTEMS ....... 14,414 14,414 

096 NAVY MULTIBAND TERMINAL (NMT) ................. 38,365 38,365 

SHORE COMMUNICATIONS 

097 JCS COMMUNICATIONS EQUIPMENT ................ 4,156 4,156 

CRYPTOGRAPHIC EQUIPMENT 

099 INFO SYSTEMS SECURITY PROGRAM (ISSP) .... 85,694 85,694 

100 MIO INTEL EXPLOITATION TEAM ....................... 920 920 

CRYPTOLOGIC EQUIPMENT 

101 CRYPTOLOGIC COMMUNICATIONS EQUIP ....... 21,098 21,098 

OTHER ELECTRONIC SUPPORT 

102 COAST GUARD EQUIPMENT ................................. 32,291 32,291 

SONOBUOYS 

103 SONOBUOYS—ALL TYPES ..................................... 162,588 159,541 

Excess unit cost growth ........................................ [–3,047 ] 

AIRCRAFT SUPPORT EQUIPMENT 

104 WEAPONS RANGE SUPPORT EQUIPMENT ........ 58,116 58,116 

105 AIRCRAFT SUPPORT EQUIPMENT ....................... 120,324 120,324 

106 METEOROLOGICAL EQUIPMENT ......................... 29,253 29,253 

107 DCRS/DPL .................................................................. 632 632 

108 AIRBORNE MINE COUNTERMEASURES ............ 29,097 29,097 

109 AVIATION SUPPORT EQUIPMENT ....................... 39,099 39,099 

SHIP GUN SYSTEM EQUIPMENT 

110 SHIP GUN SYSTEMS EQUIPMENT ....................... 6,191 6,191 

SHIP MISSILE SYSTEMS EQUIPMENT 

111 SHIP MISSILE SUPPORT EQUIPMENT ............... 320,446 310,946 

Program execution ................................................ [–9,500 ] 

112 TOMAHAWK SUPPORT EQUIPMENT ................... 71,046 71,046 

FBM SUPPORT EQUIPMENT 

113 STRATEGIC MISSILE SYSTEMS EQUIP .............. 215,138 215,138 

ASW SUPPORT EQUIPMENT 

114 SSN COMBAT CONTROL SYSTEMS ..................... 130,715 130,715 

115 ASW SUPPORT EQUIPMENT .................................. 26,431 26,431 

OTHER ORDNANCE SUPPORT EQUIPMENT 

116 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ....... 11,821 11,821 

117 ITEMS LESS THAN $5 MILLION ........................... 6,243 6,243 

OTHER EXPENDABLE ORDNANCE 

118 SUBMARINE TRAINING DEVICE MODS .............. 48,020 48,020 

120 SURFACE TRAINING EQUIPMENT ....................... 97,514 94,979 

Unjustified growth ............................................... [–2,535 ] 

CIVIL ENGINEERING SUPPORT EQUIPMENT 

121 PASSENGER CARRYING VEHICLES .................... 8,853 8,853 

122 GENERAL PURPOSE TRUCKS ............................... 4,928 4,928 

123 CONSTRUCTION & MAINTENANCE EQUIP ....... 18,527 18,527 

124 FIRE FIGHTING EQUIPMENT ............................... 13,569 13,569 

125 TACTICAL VEHICLES .............................................. 14,917 14,917 

126 AMPHIBIOUS EQUIPMENT .................................... 7,676 7,676 

127 POLLUTION CONTROL EQUIPMENT ................... 2,321 2,321 

128 ITEMS UNDER $5 MILLION ................................... 12,459 12,459 

129 PHYSICAL SECURITY VEHICLES ......................... 1,095 1,095 

SUPPLY SUPPORT EQUIPMENT 

131 SUPPLY EQUIPMENT .............................................. 16,023 16,023 

133 FIRST DESTINATION TRANSPORTATION .......... 5,115 5,115 

134 SPECIAL PURPOSE SUPPLY SYSTEMS ............... 295,471 295,471 

TRAINING DEVICES 

136 TRAINING AND EDUCATION EQUIPMENT ........ 9,504 9,504 

COMMAND SUPPORT EQUIPMENT 

137 COMMAND SUPPORT EQUIPMENT ..................... 37,180 29,980 

CNIC building control systems unjustified request.[–7,200 ] 

139 MEDICAL SUPPORT EQUIPMENT ........................ 4,128 4,128 

141 NAVAL MIP SUPPORT EQUIPMENT .................... 1,925 1,925 

142 OPERATING FORCES SUPPORT EQUIPMENT ... 4,777 4,777 

143 C4ISR EQUIPMENT .................................................. 9,073 9,073 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

144 ENVIRONMENTAL SUPPORT EQUIPMENT ........ 21,107 21,107 

145 PHYSICAL SECURITY EQUIPMENT ..................... 100,906 100,906 

146 ENTERPRISE INFORMATION TECHNOLOGY .... 67,544 67,544 

OTHER 

150 NEXT GENERATION ENTERPRISE SERVICE .... 98,216 98,216 

CLASSIFIED PROGRAMS 

150A CLASSIFIED PROGRAMS ........................................ 9,915 9,915 

SPARES AND REPAIR PARTS 

151 SPARES AND REPAIR PARTS ................................ 199,660 199,660 

TOTAL OTHER PROCUREMENT, NAVY 6,338,861 6,258,930 

PROCUREMENT, MARINE CORPS 

TRACKED COMBAT VEHICLES 

001 AAV7A1 PIP ................................................................ 73,785 71,785 

Production engineering support excess growth .. [–2,000 ] 

002 LAV PIP ....................................................................... 53,423 53,423 

ARTILLERY AND OTHER WEAPONS 

003 EXPEDITIONARY FIRE SUPPORT SYSTEM ........ 3,360 3,360 

004 155MM LIGHTWEIGHT TOWED HOWITZER ....... 3,318 3,318 

005 HIGH MOBILITY ARTILLERY ROCKET SYSTEM 33,725 33,725 

006 WEAPONS AND COMBAT VEHICLES UNDER $5 

MILLION.

8,181 8,181 

OTHER SUPPORT 

007 MODIFICATION KITS ............................................... 15,250 15,250 

GUIDED MISSILES 

009 GROUND BASED AIR DEFENSE ........................... 9,170 9,170 

010 JAVELIN ..................................................................... 1,009 1,009 

011 FOLLOW ON TO SMAW ............................................ 24,666 24,666 

012 ANTI-ARMOR WEAPONS SYSTEM-HEAVY 

(AAWS-H).

17,080 17,080 

COMMAND AND CONTROL SYSTEMS 

015 COMMON AVIATION COMMAND AND CONTROL SYSTEM (C.47,312 47,312 

REPAIR AND TEST EQUIPMENT 

016 REPAIR AND TEST EQUIPMENT .......................... 16,469 16,469 

COMMAND AND CONTROL SYSTEM (NONTEL) 

019 ITEMS UNDER $5 MILLION (COMM & ELEC) .... 7,433 7,433 

020 AIR OPERATIONS C2 SYSTEMS ............................ 15,917 15,917 

RADAR + EQUIPMENT (NON-TEL) 

021 RADAR SYSTEMS ..................................................... 17,772 17,772 

022 GROUND/AIR TASK ORIENTED RADAR (G/ 

ATOR).

123,758 123,758 

023 RQ–21 UAS .................................................................. 80,217 80,217 

INTELL/COMM EQUIPMENT (NON-TEL) 

024 GCSS-MC ..................................................................... 1,089 1,089 

025 FIRE SUPPORT SYSTEM ......................................... 13,258 13,258 

026 INTELLIGENCE SUPPORT EQUIPMENT ............. 56,379 56,379 

029 RQ–11 UAV ................................................................. 1,976 1,976 

031 DCGS-MC .................................................................... 1,149 1,149 

032 UAS PAYLOADS ......................................................... 2,971 2,971 

OTHER SUPPORT (NON-TEL) 

034 NEXT GENERATION ENTERPRISE NETWORK 

(NGEN).

76,302 76,302 

035 COMMON COMPUTER RESOURCES .................... 41,802 39,477 

Prior year carryover ............................................. [–2,325 ] 

036 COMMAND POST SYSTEMS ................................... 90,924 90,924 

037 RADIO SYSTEMS ...................................................... 43,714 43,714 

038 COMM SWITCHING & CONTROL SYSTEMS ....... 66,383 66,383 

039 COMM & ELEC INFRASTRUCTURE SUPPORT .. 30,229 30,229 

CLASSIFIED PROGRAMS 

039A CLASSIFIED PROGRAMS ........................................ 2,738 2,738 

ADMINISTRATIVE VEHICLES 

041 COMMERCIAL CARGO VEHICLES ........................ 88,312 88,312 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

TACTICAL VEHICLES 

043 MOTOR TRANSPORT MODIFICATIONS ............... 13,292 13,292 

045 JOINT LIGHT TACTICAL VEHICLE ...................... 113,230 113,230 

046 FAMILY OF TACTICAL TRAILERS ........................ 2,691 2,691 

ENGINEER AND OTHER EQUIPMENT 

048 ENVIRONMENTAL CONTROL EQUIP ASSORT .. 18 18 

050 TACTICAL FUEL SYSTEMS .................................... 78 78 

051 POWER EQUIPMENT ASSORTED ......................... 17,973 17,973 

052 AMPHIBIOUS SUPPORT EQUIPMENT ................. 7,371 7,371 

053 EOD SYSTEMS .......................................................... 14,021 14,021 

MATERIALS HANDLING EQUIPMENT 

054 PHYSICAL SECURITY EQUIPMENT ..................... 31,523 31,523 

GENERAL PROPERTY 

058 TRAINING DEVICES ................................................ 33,658 33,658 

060 FAMILY OF CONSTRUCTION EQUIPMENT ........ 21,315 21,315 

061 FAMILY OF INTERNALLY TRANSPORTABLE 

VEH (ITV).

9,654 9,654 

OTHER SUPPORT 

062 ITEMS LESS THAN $5 MILLION ........................... 6,026 6,026 

SPARES AND REPAIR PARTS 

064 SPARES AND REPAIR PARTS ................................ 22,848 22,848 

TOTAL PROCUREMENT, MARINE 

CORPS.

1,362,769 1,358,444 

AIRCRAFT PROCUREMENT, AIR FORCE 

TACTICAL FORCES 

001 F–35 .............................................................................. 4,401,894 4,188,894 

Program efficiencies ............................................. [–213,000 ] 

002 ADVANCE PROCUREMENT (CY) ........................ 404,500 404,500 

TACTICAL AIRLIFT 

003 KC–46A TANKER ....................................................... 2,884,591 2,884,591 

OTHER AIRLIFT 

004 C–130J ......................................................................... 145,655 145,655 

006 HC–130J ...................................................................... 317,576 317,576 

007 ADVANCE PROCUREMENT (CY) ........................ 20,000 20,000 

008 MC–130J ...................................................................... 548,358 548,358 

009 ADVANCE PROCUREMENT (CY) ........................ 50,000 50,000 

HELICOPTERS 

010 UH–1N REPLACEMENT ........................................... 18,337 18,337 

MISSION SUPPORT AIRCRAFT 

012 CIVIL AIR PATROL A/C ........................................... 2,637 2,637 

OTHER AIRCRAFT 

013 TARGET DRONES ..................................................... 114,656 114,656 

014 RQ–4 ............................................................................. 12,966 12,966 

015 MQ–9 ............................................................................ 122,522 122,522 

STRATEGIC AIRCRAFT 

016 B–2A ............................................................................. 46,729 46,729 

017 B–1B ............................................................................. 116,319 116,319 

018 B–52 .............................................................................. 109,020 109,020 

TACTICAL AIRCRAFT 

020 A–10 .............................................................................. 1,289 1,289 

021 F–15 .............................................................................. 105,685 105,685 

022 F–16 .............................................................................. 97,331 114,331 

Active missile warning system ............................ [12,000 ] 

Anti-jam global positioning system (GPS) upgrade.[5,000 ] 

023 F–22A ........................................................................... 163,008 163,008 

024 F–35 MODIFICATIONS ............................................. 175,811 175,811 

025 INCREMENT 3.2B ..................................................... 76,410 76,410 

026 ADVANCE PROCUREMENT (CY) ........................ 2,000 2,000 

AIRLIFT AIRCRAFT 

027 C–5 ................................................................................ 24,192 24,192 

029 C–17A ........................................................................... 21,555 21,555 

030 C–21 .............................................................................. 5,439 5,439 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

031 C–32A ........................................................................... 35,235 35,235 

032 C–37A ........................................................................... 5,004 5,004 

TRAINER AIRCRAFT 

033 GLIDER MODS ........................................................... 394 394 

034 T–6 ................................................................................ 12,765 12,765 

035 T–1 ................................................................................ 25,073 17,073 

Production schedule slip ...................................... [–8,000 ] 

036 T–38 .............................................................................. 45,090 45,090 

OTHER AIRCRAFT 

037 U–2 MODS ................................................................... 36,074 36,074 

038 KC–10A (ATCA) ........................................................... 4,570 4,570 

039 C–12 .............................................................................. 1,995 1,995 

040 VC–25A MOD .............................................................. 102,670 102,670 

041 C–40 .............................................................................. 13,984 13,984 

042 C–130 ............................................................................ 9,168 81,668 

8–Bladed Propellers ............................................. [16,000 ] 

Electronic Propeller Control Systems .................. [13,500 ] 

In-flight Propeller Balancing System Certification.[1,500 ] 

T56 3.5 Engine Upgrade Kits .............................. [41,500 ] 

043 C–130J MODS ............................................................. 89,424 89,424 

044 C–135 ............................................................................ 64,161 64,161 

045 COMPASS CALL MODS ............................................ 130,257 59,857 

Compass Call Program Restructure ................... [–70,400 ] 

046 RC–135 ......................................................................... 211,438 211,438 

047 E–3 ................................................................................ 82,786 82,786 

048 E–4 ................................................................................ 53,348 53,348 

049 E–8 ................................................................................ 6,244 6,244 

050 AIRBORNE WARNING AND CONTROL SYSTEM 223,427 223,427 

051 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS.4,673 4,673 

052 H–1 ............................................................................... 9,007 9,007 

054 H–60 ............................................................................. 91,357 91,357 

055 RQ–4 MODS ................................................................ 32,045 32,045 

056 HC/MC–130 MODIFICATIONS ................................ 30,767 30,767 

057 OTHER AIRCRAFT .................................................... 33,886 33,886 

059 MQ–9 MODS ............................................................... 141,929 141,929 

060 CV–22 MODS .............................................................. 63,395 63,395 

AIRCRAFT SPARES AND REPAIR PARTS 

061 INITIAL SPARES/REPAIR PARTS ......................... 686,491 673,291 

Compass Call Program Restructure ................... [–13,200 ] 

COMMON SUPPORT EQUIPMENT 

062 AIRCRAFT REPLACEMENT SUPPORT EQUIP .... 121,935 121,935 

POST PRODUCTION SUPPORT 

063 B–2A ............................................................................. 154 154 

064 B–2A ............................................................................. 43,330 43,330 

065 B–52 .............................................................................. 28,125 28,125 

066 C–17A ........................................................................... 23,559 23,559 

069 F–15 .............................................................................. 2,980 2,980 

070 F–16 .............................................................................. 15,155 39,955 

Additional mission trainers ................................. [24,800 ] 

071 F–22A ........................................................................... 48,505 48,505 

074 RQ–4 POST PRODUCTION CHARGES ................... 99 99 

INDUSTRIAL PREPAREDNESS 

075 INDUSTRIAL RESPONSIVENESS .......................... 14,126 14,126 

WAR CONSUMABLES 

076 WAR CONSUMABLES ............................................... 120,036 120,036 

OTHER PRODUCTION CHARGES 

077 OTHER PRODUCTION CHARGES .......................... 1,252,824 1,252,824 

CLASSIFIED PROGRAMS 

077A CLASSIFIED PROGRAMS ........................................ 16,952 119,952 

Compass Call Program Restructure ................... [103,000 ] 

TOTAL AIRCRAFT PROCUREMENT, 

AIR FORCE.

13,922,917 13,835,617 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

MISSILE PROCUREMENT, AIR FORCE 

MISSILE REPLACEMENT EQUIPMENT—BALLISTIC 

001 MISSILE REPLACEMENT EQ-BALLISTIC ........... 70,247 70,247 

TACTICAL 

002 JOINT AIR-SURFACE STANDOFF MISSILE ........ 431,645 431,645 

003 LRASM0 ....................................................................... 59,511 59,511 

004 SIDEWINDER (AIM–9X) ............................................ 127,438 127,438 

005 AMRAAM ..................................................................... 350,144 339,392 

Pricing adjustment ............................................... [–10,752 ] 

006 PREDATOR HELLFIRE MISSILE ........................... 33,955 33,955 

007 SMALL DIAMETER BOMB ...................................... 92,361 92,361 

INDUSTRIAL FACILITIES 

008 INDUSTR’L PREPAREDNS/POL PREVENTION .. 977 977 

CLASS IV 

009 ICBM FUZE MOD ...................................................... 17,095 17,095 

010 MM III MODIFICATIONS ......................................... 68,692 68,692 

011 AGM–65D MAVERICK ............................................... 282 282 

013 AIR LAUNCH CRUISE MISSILE (ALCM) .............. 21,762 21,762 

014 SMALL DIAMETER BOMB ...................................... 15,349 15,349 

MISSILE SPARES AND REPAIR PARTS 

015 INITIAL SPARES/REPAIR PARTS ......................... 81,607 81,607 

SPECIAL PROGRAMS 

030 SPECIAL UPDATE PROGRAMS .............................. 46,125 46,125 

CLASSIFIED PROGRAMS 

030A CLASSIFIED PROGRAMS ........................................ 1,009,431 1,009,431 

TOTAL MISSILE PROCUREMENT, AIR 

FORCE.

2,426,621 2,415,869 

SPACE PROCUREMENT, AIR FORCE 

SPACE PROGRAMS 

001 ADVANCED EHF ....................................................... 645,569 645,569 

002 AF SATELLITE COMM SYSTEM ............................ 42,375 42,375 

003 COUNTERSPACE SYSTEMS ................................... 26,984 26,984 

004 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS.88,963 88,963 

005 WIDEBAND GAPFILLER SATELLITES(SPACE) .. 86,272 86,272 

006 GPS III SPACE SEGMENT ....................................... 34,059 34,059 

007 GLOBAL POSTIONING (SPACE) ............................. 2,169 2,169 

008 SPACEBORNE EQUIP (COMSEC) .......................... 46,708 46,708 

009 GLOBAL POSITIONING (SPACE) ........................... 13,171 10,271 

Excess to Need ...................................................... [–2,900 ] 

010 MILSATCOM .............................................................. 41,799 41,799 

011 EVOLVED EXPENDABLE LAUNCH CAPABILITY 768,586 742,586 

Early to need ........................................................ [–26,000 ] 

012 EVOLVED EXPENDABLE LAUNCH VEH(SPACE) 737,853 536,853 

Early to need ........................................................ [–201,000 ] 

013 SBIR HIGH (SPACE) ................................................. 362,504 362,504 

014 NUDET DETECTION SYSTEM ............................... 4,395 4,395 

015 SPACE MODS ............................................................. 8,642 8,642 

016 SPACELIFT RANGE SYSTEM SPACE ................... 123,088 123,088 

SSPARES 

017 INITIAL SPARES/REPAIR PARTS ......................... 22,606 22,606 

TOTAL SPACE PROCUREMENT, AIR 

FORCE.

3,055,743 2,825,843 

PROCUREMENT OF AMMUNITION, AIR 

FORCE 

ROCKETS 

001 ROCKETS .................................................................... 18,734 18,734 

CARTRIDGES 

002 CARTRIDGES ............................................................. 220,237 220,237 

BOMBS 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

003 PRACTICE BOMBS .................................................... 97,106 97,106 

004 GENERAL PURPOSE BOMBS ................................. 581,561 581,561 

005 MASSIVE ORDNANCE PENETRATOR (MOP) ...... 3,600 3,600 

006 JOINT DIRECT ATTACK MUNITION .................... 303,988 297,988 

Pricing adjustment for increased quantity ......... [–6,000 ] 

OTHER ITEMS 

007 CAD/PAD .................................................................... 38,890 38,890 

008 EXPLOSIVE ORDNANCE DISPOSAL (EOD) ......... 5,714 5,714 

009 SPARES AND REPAIR PARTS ................................ 740 740 

010 MODIFICATIONS ...................................................... 573 573 

011 ITEMS LESS THAN $5 MILLION ........................... 5,156 5,156 

FLARES 

012 FLARES ....................................................................... 134,709 134,709 

FUZES 

013 FUZES ......................................................................... 229,252 229,252 

SMALL ARMS 

014 SMALL ARMS ............................................................. 37,459 37,459 

TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE.1,677,719 1,671,719 

OTHER PROCUREMENT, AIR FORCE 

PASSENGER CARRYING VEHICLES 

001 PASSENGER CARRYING VEHICLES .................... 14,437 14,437 

CARGO AND UTILITY VEHICLES 

002 MEDIUM TACTICAL VEHICLE ............................... 24,812 24,812 

003 CAP VEHICLES .......................................................... 984 984 

004 ITEMS LESS THAN $5 MILLION ........................... 11,191 11,191 

SPECIAL PURPOSE VEHICLES 

005 SECURITY AND TACTICAL VEHICLES ................ 5,361 5,361 

006 ITEMS LESS THAN $5 MILLION ........................... 4,623 4,623 

FIRE FIGHTING EQUIPMENT 

007 FIRE FIGHTING/CRASH RESCUE VEHICLES ... 12,451 12,451 

MATERIALS HANDLING EQUIPMENT 

008 ITEMS LESS THAN $5 MILLION ........................... 18,114 18,114 

BASE MAINTENANCE SUPPORT 

009 RUNWAY SNOW REMOV & CLEANING EQUIP .. 2,310 2,310 

010 ITEMS LESS THAN $5 MILLION ........................... 46,868 46,868 

COMM SECURITY EQUIPMENT(COMSEC) 

012 COMSEC EQUIPMENT ............................................. 72,359 72,359 

INTELLIGENCE PROGRAMS 

014 INTELLIGENCE TRAINING EQUIPMENT ........... 6,982 6,982 

015 INTELLIGENCE COMM EQUIPMENT ................... 30,504 30,504 

ELECTRONICS PROGRAMS 

016 AIR TRAFFIC CONTROL & LANDING SYS .......... 55,803 55,803 

017 NATIONAL AIRSPACE SYSTEM ............................. 2,673 2,673 

018 BATTLE CONTROL SYSTEM—FIXED ................... 5,677 5,677 

019 THEATER AIR CONTROL SYS IMPROVEMENTS 1,163 1,163 

020 WEATHER OBSERVATION FORECAST ................ 21,667 21,667 

021 STRATEGIC COMMAND AND CONTROL ............. 39,803 39,803 

022 CHEYENNE MOUNTAIN COMPLEX ...................... 24,618 24,618 

023 MISSION PLANNING SYSTEMS ............................ 15,868 15,868 

025 INTEGRATED STRAT PLAN & ANALY NETWORK (ISPAN).9,331 9,331 

SPCL COMM-ELECTRONICS PROJECTS 

026 GENERAL INFORMATION TECHNOLOGY .......... 41,779 41,779 

027 AF GLOBAL COMMAND & CONTROL SYS .......... 15,729 15,729 

028 MOBILITY COMMAND AND CONTROL ................ 9,814 9,814 

029 AIR FORCE PHYSICAL SECURITY SYSTEM ....... 99,460 99,460 

030 COMBAT TRAINING RANGES ................................ 34,850 34,850 

031 MINIMUM ESSENTIAL EMERGENCY COMM N 198,925 198,925 

032 WIDE AREA SURVEILLANCE (WAS) ..................... 6,943 6,943 

033 C3 COUNTERMEASURES ........................................ 19,580 19,580 

034 GCSS-AF FOS ............................................................. 1,743 1,743 

036 THEATER BATTLE MGT C2 SYSTEM ................... 9,659 9,659 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

037 AIR & SPACE OPERATIONS CTR-WPN SYS ........ 15,474 15,474 

038 AIR OPERATIONS CENTER (AOC) 10.2 ................ 30,623 15,323 

Fielding ................................................................. [–15,300 ] 

AIR FORCE COMMUNICATIONS 

039 INFORMATION TRANSPORT SYSTEMS .............. 40,043 40,043 

040 AFNET ......................................................................... 146,897 146,897 

041 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE).5,182 5,182 

042 USCENTCOM ............................................................. 13,418 13,418 

ORGANIZATION AND BASE 

052 TACTICAL C-E EQUIPMENT .................................. 109,836 109,836 

053 RADIO EQUIPMENT ................................................. 16,266 16,266 

054 CCTV/AUDIOVISUAL EQUIPMENT ...................... 7,449 7,449 

055 BASE COMM INFRASTRUCTURE ......................... 109,215 109,215 

MODIFICATIONS 

056 COMM ELECT MODS ............................................... 65,700 65,700 

PERSONAL SAFETY & RESCUE EQUIP 

058 ITEMS LESS THAN $5 MILLION ........................... 54,416 54,416 

DEPOT PLANT+MTRLS HANDLING EQ 

059 MECHANIZED MATERIAL HANDLING EQUIP ... 7,344 7,344 

BASE SUPPORT EQUIPMENT 

060 BASE PROCURED EQUIPMENT ............................ 6,852 6,852 

063 MOBILITY EQUIPMENT .......................................... 8,146 8,146 

064 ITEMS LESS THAN $5 MILLION ........................... 28,427 28,427 

SPECIAL SUPPORT PROJECTS 

066 DARP RC135 ............................................................... 25,287 25,287 

067 DCGS-AF ..................................................................... 169,201 169,201 

069 SPECIAL UPDATE PROGRAM ................................ 576,710 576,710 

CLASSIFIED PROGRAMS 

070A CLASSIFIED PROGRAMS ........................................ 15,119,705 15,119,705 

SPARES AND REPAIR PARTS 

072 SPARES AND REPAIR PARTS ................................ 15,784 15,784 

TOTAL OTHER PROCUREMENT, AIR 

FORCE.

17,438,056 17,422,756 

PROCUREMENT, DEFENSE-WIDE 

MAJOR EQUIPMENT, WHS 

037 MAJOR EQUIPMENT, OSD ..................................... 29,211 29,211 

MAJOR EQUIPMENT, NSA 

036 INFORMATION SYSTEMS SECURITY PROGRAM (ISSP).4,399 4,399 

MAJOR EQUIPMENT, WHS 

040 MAJOR EQUIPMENT, WHS ..................................... 24,979 24,979 

MAJOR EQUIPMENT, DISA 

006 INFORMATION SYSTEMS SECURITY .................. 21,347 21,347 

007 TELEPORT PROGRAM ............................................. 50,597 50,597 

008 ITEMS LESS THAN $5 MILLION ........................... 10,420 10,420 

009 NET CENTRIC ENTERPRISE SERVICES (NCES) 1,634 1,634 

010 DEFENSE INFORMATION SYSTEM NETWORK 87,235 87,235 

011 CYBER SECURITY INITIATIVE .............................. 4,528 4,528 

012 WHITE HOUSE COMMUNICATION AGENCY ...... 36,846 36,846 

013 SENIOR LEADERSHIP ENTERPRISE ................... 599,391 599,391 

015 JOINT REGIONAL SECURITY STACKS (JRSS) .. 150,221 150,221 

MAJOR EQUIPMENT, DLA 

017 MAJOR EQUIPMENT ................................................ 2,055 2,055 

MAJOR EQUIPMENT, DSS 

020 MAJOR EQUIPMENT ................................................ 1,057 1,057 

MAJOR EQUIPMENT, DCAA 

001 ITEMS LESS THAN $5 MILLION ........................... 2,964 2,964 

MAJOR EQUIPMENT, TJS 

038 MAJOR EQUIPMENT, TJS ...................................... 7,988 7,988 

MAJOR EQUIPMENT, MISSILE DEFENSE 

AGENCY 

023 THAAD ......................................................................... 369,608 369,608 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

024 AEGIS BMD ................................................................ 463,801 528,801 

Increasing BMD capability for Aegis Ships ....... [65,000 ] 

025 BMDS AN/TPY–2 RADARS ...................................... 5,503 5,503 

026 ARROW UPPER TIER ............................................... 120,000 

Increase for Arrow 3 Coproduction subject to 

Title XVI.

[120,000 ] 

027 DAVID’S SLING ......................................................... 150,000 

Increase for DSWS Coproduction subject to 

Title XVI.

[150,000 ] 

028 AEGIS ASHORE PHASE III ..................................... 57,493 57,493 

029 IRON DOME ............................................................... 42,000 62,000 

Increase for Coproduction of Iron Dome Tamir 

Interceptors subject to Title XVI.

[20,000 ] 

030 AEGIS BMD HARDWARE AND SOFTWARE ......... 50,098 50,098 

MAJOR EQUIPMENT, DHRA 

003 PERSONNEL ADMINISTRATION ........................... 14,232 14,232 

MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION AGENCY 

021 VEHICLES .................................................................. 200 200 

022 OTHER MAJOR EQUIPMENT ................................. 6,437 6,437 

MAJOR EQUIPMENT, DODEA 

019 AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS.288 288 

MAJOR EQUIPMENT, DCMA 

002 MAJOR EQUIPMENT ................................................ 92 92 

MAJOR EQUIPMENT, DMACT 

018 MAJOR EQUIPMENT ................................................ 8,060 8,060 

CLASSIFIED PROGRAMS 

040A CLASSIFIED PROGRAMS ........................................ 568,864 568,864 

AVIATION PROGRAMS 

042 ROTARY WING UPGRADES AND 

SUSTAINMENT.

150,396 150,396 

043 UNMANNED ISR ....................................................... 21,190 21,190 

045 NON-STANDARD AVIATION ................................... 4,905 4,905 

046 U–28 ............................................................................. 3,970 3,970 

047 MH–47 CHINOOK ...................................................... 25,022 25,022 

049 CV–22 MODIFICATION ............................................. 19,008 19,008 

051 MQ–9 UNMANNED AERIAL VEHICLE .................. 10,598 10,598 

053 PRECISION STRIKE PACKAGE .............................. 213,122 200,072 

SOCOM requested transfer .................................. [–13,050 ] 

054 AC/MC–130J ............................................................... 73,548 86,598 

SOCOM requested transfer .................................. [13,050 ] 

055 C–130 MODIFICATIONS ........................................... 32,970 32,970 

SHIPBUILDING 

056 UNDERWATER SYSTEMS ....................................... 37,098 37,098 

AMMUNITION PROGRAMS 

057 ORDNANCE ITEMS <$5M ........................................ 105,267 105,267 

OTHER PROCUREMENT PROGRAMS 

058 INTELLIGENCE SYSTEMS ..................................... 79,963 79,963 

059 DISTRIBUTED COMMON GROUND/SURFACE 

SYSTEMS.

13,432 13,432 

060 OTHER ITEMS <$5M ................................................ 66,436 66,436 

061 COMBATANT CRAFT SYSTEMS ............................ 55,820 55,820 

062 SPECIAL PROGRAMS ............................................... 107,432 107,432 

063 TACTICAL VEHICLES .............................................. 67,849 67,849 

064 WARRIOR SYSTEMS <$5M ...................................... 245,781 245,781 

065 COMBAT MISSION REQUIREMENTS ................... 19,566 19,566 

066 GLOBAL VIDEO SURVEILLANCE ACTIVITIES ... 3,437 3,437 

067 OPERATIONAL ENHANCEMENTS INTELLIGENCE.17,299 17,299 

069 OPERATIONAL ENHANCEMENTS ........................ 219,945 219,945 

CBDP 

070 CHEMICAL BIOLOGICAL SITUATIONAL 

AWARENESS.

148,203 148,203 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

071 CB PROTECTION & HAZARD MITIGATION ........ 161,113 161,113 

TOTAL PROCUREMENT, DEFENSEWIDE.4,524,918 4,879,918 

JOINT URGENT OPERATIONAL NEEDS 

FUND 

JOINT URGENT OPERATIONAL NEEDS 

FUND 

001 JOINT URGENT OPERATIONAL NEEDS FUND 99,300 0 

Program decrease ................................................. [–99,300 ] 

TOTAL JOINT URGENT OPERATIONAL 

NEEDS FUND.

99,300 0 

NATIONAL GUARD AND RESERVE EQUIPMENT 

UNDISTRIBUTED 

007 MISCELLANEOUS EQUIPMENT ............................ 250,000 

Program increase ................................................. [250,000 ] 

TOTAL NATIONAL GUARD AND RESERVE EQUIPMENT.250,000 

TOTAL PROCUREMENT ............................. 101,971,592 102,422,660 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS. 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

AIRCRAFT PROCUREMENT, ARMY 

MODIFICATION OF AIRCRAFT 

015 MULTI SENSOR ABN RECON (MIP) ..................... 21,400 21,400 

020 EMARSS SEMA MODS (MIP) .................................. 42,700 42,700 

026 RQ–7 UAV MODS ....................................................... 1,775 1,775 

027 UAS MODS ................................................................. 4,420 4,420 

GROUND SUPPORT AVIONICS 

030 CMWS .......................................................................... 56,115 56,115 

031 CIRCM ......................................................................... 108,721 108,721 

TOTAL AIRCRAFT PROCUREMENT, 

ARMY.

235,131 235,131 

MISSILE PROCUREMENT, ARMY 

AIR-TO-SURFACE MISSILE SYSTEM 

004 HELLFIRE SYS SUMMARY ..................................... 305,830 305,830 

ANTI-TANK/ASSAULT MISSILE SYS 

007 JAVELIN (AAWS-M) SYSTEM SUMMARY ............ 15,567 15,567 

008 TOW 2 SYSTEM SUMMARY .................................... 80,652 80,652 

010 GUIDED MLRS ROCKET (GMLRS) ........................ 75,991 75,991 

012 LETHAL MINIATURE AERIAL MISSILE SYSTEM (LMAMS.51,277 51,277 

TOTAL MISSILE PROCUREMENT, 

ARMY.

529,317 529,317 

PROCUREMENT OF W&TCV, ARMY 

MODIFICATION OF TRACKED COMBAT VEHICLES 

007 PALADIN INTEGRATED MANAGEMENT (PIM) .. 125,184 125,184 

009 ASSAULT BRIDGE (MOD) ........................................ 5,950 5,950 

014 ABRAMS UPGRADE PROGRAM ............................. 72,000 

Army requested realignment (ERI) ..................... [172,000 ] 

Realign APS Unit Set Requirements to Base ..... [–100,000 ] 


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SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

WEAPONS & OTHER COMBAT VEHICLES 

017 MORTAR SYSTEMS .................................................. 22,410 22,410 

SUPPORT EQUIPMENT & FACILITIES 

036 BRADLEY PROGRAM ............................................... 72,800 

Army requested realignment (ERI) ..................... [72,800 ] 

TOTAL PROCUREMENT OF W&TCV, 

ARMY.

153,544 298,344 

PROCUREMENT OF AMMUNITION, ARMY 

SMALL/MEDIUM CAL AMMUNITION 

002 CTG, 7.62MM, ALL TYPES ....................................... 9,642 9,642 

004 CTG, .50 CAL, ALL TYPES ....................................... 6,607 6,607 

005 CTG, 20MM, ALL TYPES .......................................... 1,077 1,077 

006 CTG, 25MM, ALL TYPES .......................................... 28,534 28,534 

007 CTG, 30MM, ALL TYPES .......................................... 20,000 20,000 

008 CTG, 40MM, ALL TYPES .......................................... 7,423 7,423 

MORTAR AMMUNITION 

009 60MM MORTAR, ALL TYPES .................................. 10,000 10,000 

010 81MM MORTAR, ALL TYPES .................................. 2,677 2,677 

TANK AMMUNITION 

012 CARTRIDGES, TANK, 105MM AND 120MM, ALL 

TYPES.

8,999 8,999 

ARTILLERY AMMUNITION 

014 ARTILLERY PROJECTILE, 155MM, ALL TYPES 30,348 30,348 

015 PROJ 155MM EXTENDED RANGE M982 .............. 140 140 

016 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL.29,655 29,655 

MINES 

017 MINES & CLEARING CHARGES, ALL TYPES ..... 16,866 16,866 

NETWORKED MUNITIONS 

018 SPIDER NETWORK MUNITIONS, ALL TYPES .... 10,353 10,353 

ROCKETS 

019 SHOULDER LAUNCHED MUNITIONS, ALL 

TYPES.

63,210 63,210 

020 ROCKET, HYDRA 70, ALL TYPES .......................... 42,851 42,851 

OTHER AMMUNITION 

022 DEMOLITION MUNITIONS, ALL TYPES .............. 6,373 6,373 

023 GRENADES, ALL TYPES .......................................... 4,143 4,143 

024 SIGNALS, ALL TYPES .............................................. 1,852 1,852 

MISCELLANEOUS 

027 NON-LETHAL AMMUNITION, ALL TYPES .......... 773 773 

TOTAL PROCUREMENT OF AMMUNITION, ARMY.301,523 301,523 

OTHER PROCUREMENT, ARMY 

TACTICAL VEHICLES 

002 SEMITRAILERS, FLATBED: .................................... 4,180 4,180 

008 FAMILY OF MEDIUM TACTICAL VEH (FMTV) ... 147,476 147,476 

010 FAMILY OF HEAVY TACTICAL VEHICLES 

(FHTV).

6,122 6,122 

011 PLS ESP ...................................................................... 106,358 106,358 

012 HVY EXPANDED MOBILE TACTICAL TRUCK 

EXT SERV.

203,766 203,766 

013 TACTICAL WHEELED VEHICLE PROTECTION 

KITS.

101,154 101,154 

014 MODIFICATION OF IN SVC EQUIP ....................... 155,456 155,456 

COMM—JOINT COMMUNICATIONS 

019 WIN-T—GROUND FORCES TACTICAL NETWORK.9,572 9,572 

COMM—SATELLITE COMMUNICATIONS 

025 SHF TERM .................................................................. 24,000 24,000 

COMM—INTELLIGENCE COMM 

047 CI AUTOMATION ARCHITECTURE ....................... 1,550 1,550 

INFORMATION SECURITY 


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SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

051 COMMUNICATIONS SECURITY (COMSEC) ........ 1,928 1,928 

052 DEFENSIVE CYBER OPERATIONS ....................... 26,500 26,500 

COMM—BASE COMMUNICATIONS 

056 INSTALLATION INFO INFRASTRUCTURE MOD 

PROGRAM.

20,510 20,510 

ELECT EQUIP—TACT INT REL ACT (TIARA) 

062 DCGS-A (MIP) ............................................................. 33,032 33,032 

064 TROJAN (MIP) ........................................................... 3,305 3,305 

066 CI HUMINT AUTO REPRTING AND 

COLL(CHARCS).

7,233 7,233 

069 BIOMETRIC TACTICAL COLLECTION DEVICES 

(MIP).

5,670 5,670 

ELECT EQUIP—ELECTRONIC WARFARE 

(EW) 

070 LIGHTWEIGHT COUNTER MORTAR RADAR ...... 25,892 25,892 

074 FAMILY OF PERSISTENT SURVEILLANCE 

CAPABILITIE.

11,610 11,610 

075 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES.23,890 23,890 

ELECT EQUIP—TACTICAL SURV. (TAC 

SURV) 

080 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS.76,270 76,270 

089 MORTAR FIRE CONTROL SYSTEM ...................... 2,572 2,572 

ELECT EQUIP—TACTICAL C2 SYSTEMS 

092 AIR & MSL DEFENSE PLANNING & CONTROL 

SYS.

69,958 69,958 

ELECT EQUIP—AUTOMATION 

102 AUTOMATED DATA PROCESSING EQUIP .......... 9,900 9,900 

ELECT EQUIP—AUDIO VISUAL SYS (A/V) 

108 ITEMS LESS THAN $5M (SURVEYING EQUIPMENT).96 96 

CHEMICAL DEFENSIVE EQUIPMENT 

114 CBRN DEFENSE ........................................................ 1,841 1,841 

BRIDGING EQUIPMENT 

115 TACTICAL BRIDGING .............................................. 26,000 26,000 

ENGINEER (NON-CONSTRUCTION) EQUIPMENT 

124 ROBOTICS AND APPLIQUE SYSTEMS ................. 268 268 

128 FAMILY OF BOATS AND MOTORS ........................ 280 280 

COMBAT SERVICE SUPPORT EQUIPMENT 

129 HEATERS AND ECU’S .............................................. 894 894 

134 FORCE PROVIDER .................................................... 53,800 53,800 

135 FIELD FEEDING EQUIPMENT ............................... 2,665 2,665 

136 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM.2,400 2,400 

137 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS.9,789 9,789 

138 ITEMS LESS THAN $5M (ENG SPT) ...................... 300 300 

PETROLEUM EQUIPMENT 

139 QUALITY SURVEILLANCE EQUIPMENT ............. 4,800 4,800 

140 DISTRIBUTION SYSTEMS, PETROLEUM & 

WATER.

78,240 78,240 

MEDICAL EQUIPMENT 

141 COMBAT SUPPORT MEDICAL ............................... 5,763 5,763 

MAINTENANCE EQUIPMENT 

142 MOBILE MAINTENANCE EQUIPMENT SYSTEMS.

1,609 1,609 

143 ITEMS LESS THAN $5.0M (MAINT EQ) ................ 145 145 

CONSTRUCTION EQUIPMENT 

144 GRADER, ROAD MTZD, HVY, 6X4 (CCE) .............. 3,047 3,047 

148 TRACTOR, FULL TRACKED .................................... 4,426 4,426 

151 HIGH MOBILITY ENGINEER EXCAVATOR 

(HMEE).

2,900 2,900 


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SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

155 ITEMS LESS THAN $5.0M (CONST EQUIP) ......... 96 96 

GENERATORS 

158 GENERATORS AND ASSOCIATED EQUIP ........... 21,861 21,861 

MATERIAL HANDLING EQUIPMENT 

160 FAMILY OF FORKLIFTS .......................................... 846 846 

TEST MEASURE AND DIG EQUIPMENT 

(TMD) 

168 TEST EQUIPMENT MODERNIZATION (TEMOD) 1,140 1,140 

OTHER SUPPORT EQUIPMENT 

170 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT.8,500 8,500 

TOTAL OTHER PROCUREMENT, ARMY 1,309,610 1,309,610 

JOINT IMPROVISED-THREAT DEFEAT FUND 

NETWORK ATTACK 

001 RAPID ACQUISITION AND THREAT RESPONSE 332,000 332,000 

STAFF AND INFRASTRUCTURE 

002 MISSION ENABLERS ............................................... 62,800 62,800 

TOTAL JOINT IMPROVISED-THREAT 

DEFEAT FUND.

394,800 394,800 

AIRCRAFT PROCUREMENT, NAVY 

COMBAT AIRCRAFT 

002 F/A–18E/F (FIGHTER) HORNET ........................... 184,912 184,912 

OTHER AIRCRAFT 

026 STUASL0 UAV ............................................................ 70,000 70,000 

MODIFICATION OF AIRCRAFT 

037 EP–3 SERIES .............................................................. 7,505 7,505 

047 SPECIAL PROJECT AIRCRAFT .............................. 14,869 14,869 

051 COMMON ECM EQUIPMENT ................................. 70,780 70,780 

059 V–22 (TILT/ROTOR ACFT) OSPREY ...................... 8,740 8,740 

AIRCRAFT SPARES AND REPAIR PARTS 

063 SPARES AND REPAIR PARTS ................................ 1,500 1,500 

AIRCRAFT SUPPORT EQUIP & FACILITIES 

065 AIRCRAFT INDUSTRIAL FACILITIES .................. 524 524 

TOTAL AIRCRAFT PROCUREMENT, 

NAVY.

358,830 358,830 

WEAPONS PROCUREMENT, NAVY 

TACTICAL MISSILES 

010 HELLFIRE .................................................................. 8,600 8,600 

TOTAL WEAPONS PROCUREMENT, 

NAVY.

8,600 8,600 

PROCUREMENT OF AMMO, NAVY & MC 

NAVY AMMUNITION 

001 GENERAL PURPOSE BOMBS ................................. 40,366 40,366 

002 AIRBORNE ROCKETS, ALL TYPES ....................... 8,860 8,860 

006 AIR EXPENDABLE COUNTERMEASURES .......... 7,060 7,060 

013 PYROTECHNIC AND DEMOLITION ...................... 1,122 1,122 

014 AMMUNITION LESS THAN $5 MILLION ............. 3,495 3,495 

MARINE CORPS AMMUNITION 

015 SMALL ARMS AMMUNITION ................................. 1,205 1,205 

017 40 MM, ALL TYPES ................................................... 539 539 

018 60MM, ALL TYPES .................................................... 909 909 

020 120MM, ALL TYPES .................................................. 530 530 

022 ROCKETS, ALL TYPES ............................................. 469 469 

023 ARTILLERY, ALL TYPES ......................................... 1,196 1,196 

024 DEMOLITION MUNITIONS, ALL TYPES .............. 261 261 

025 FUZE, ALL TYPES ..................................................... 217 217 

TOTAL PROCUREMENT OF AMMO, 

NAVY & MC.

66,229 66,229 

OTHER PROCUREMENT, NAVY 


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SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

OTHER SHORE ELECTRONIC EQUIPMENT 

081 DCGS-N ....................................................................... 12,000 12,000 

OTHER ORDNANCE SUPPORT EQUIPMENT 

116 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ....... 40,000 40,000 

CIVIL ENGINEERING SUPPORT EQUIPMENT 

124 FIRE FIGHTING EQUIPMENT ............................... 630 630 

SUPPLY SUPPORT EQUIPMENT 

133 FIRST DESTINATION TRANSPORTATION .......... 25 25 

COMMAND SUPPORT EQUIPMENT 

137 COMMAND SUPPORT EQUIPMENT ..................... 10,562 10,562 

139 MEDICAL SUPPORT EQUIPMENT ........................ 5,000 5,000 

CLASSIFIED PROGRAMS 

150A CLASSIFIED PROGRAMS ........................................ 1,660 1,660 

TOTAL OTHER PROCUREMENT, NAVY 69,877 69,877 

PROCUREMENT, MARINE CORPS 

ARTILLERY AND OTHER WEAPONS 

006 WEAPONS AND COMBAT VEHICLES UNDER $5 

MILLION.

572 572 

GUIDED MISSILES 

010 JAVELIN ..................................................................... 1,606 1,606 

OTHER SUPPORT (TEL) 

018 MODIFICATION KITS ............................................... 2,600 2,600 

COMMAND AND CONTROL SYSTEM (NONTEL) 

019 ITEMS UNDER $5 MILLION (COMM & ELEC) .... 2,200 2,200 

INTELL/COMM EQUIPMENT (NON-TEL) 

026 INTELLIGENCE SUPPORT EQUIPMENT ............. 20,981 20,981 

029 RQ–11 UAV ................................................................. 3,817 3,817 

OTHER SUPPORT (NON-TEL) 

035 COMMON COMPUTER RESOURCES .................... 2,600 2,600 

037 RADIO SYSTEMS ...................................................... 9,563 9,563 

ENGINEER AND OTHER EQUIPMENT 

053 EOD SYSTEMS .......................................................... 75,000 75,000 

TOTAL PROCUREMENT, MARINE 

CORPS.

118,939 118,939 

AIRCRAFT PROCUREMENT, AIR FORCE 

OTHER AIRLIFT 

004 C–130J ......................................................................... 73,000 73,000 

OTHER AIRCRAFT 

015 MQ–9 ............................................................................ 273,600 186,600 

Air Force requested transfer to line 61 for 

spares.

[–87,000 ] 

STRATEGIC AIRCRAFT 

019 LARGE AIRCRAFT INFRARED COUNTERMEASURES.135,801 135,801 

TACTICAL AIRCRAFT 

020 A–10 .............................................................................. 23,850 23,850 

OTHER AIRCRAFT 

047 E–3 ................................................................................ 6,600 6,600 

056 HC/MC–130 MODIFICATIONS ................................ 13,550 13,550 

057 OTHER AIRCRAFT .................................................... 7,500 7,500 

059 MQ–9 MODS ............................................................... 112,068 112,068 

AIRCRAFT SPARES AND REPAIR PARTS 

061 INITIAL SPARES/REPAIR PARTS ......................... 25,600 87,000 

Air Force requested transfer from line 15 for 

spares.

[87,000 ] 

Compass Call Program Restructure ................... [–25,600 ] 

OTHER PRODUCTION CHARGES 

077 OTHER PRODUCTION CHARGES .......................... 8,400 8,400 

TOTAL AIRCRAFT PROCUREMENT, 

AIR FORCE.

679,969 654,369 


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SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

MISSILE PROCUREMENT, AIR FORCE 

TACTICAL 

006 PREDATOR HELLFIRE MISSILE ........................... 145,125 145,125 

CLASS IV 

011 AGM–65D MAVERICK ............................................... 9,720 9,720 

TOTAL MISSILE PROCUREMENT, AIR 

FORCE.

154,845 154,845 

PROCUREMENT OF AMMUNITION, AIR 

FORCE 

CARTRIDGES 

002 CARTRIDGES ............................................................. 9,830 9,830 

BOMBS 

004 GENERAL PURPOSE BOMBS ................................. 7,921 7,921 

006 JOINT DIRECT ATTACK MUNITION .................... 140,126 130,876 

Pricing adjustment ............................................... [–9,250 ] 

FLARES 

012 FLARES ....................................................................... 6,531 6,531 

TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE.164,408 155,158 

OTHER PROCUREMENT, AIR FORCE 

PASSENGER CARRYING VEHICLES 

001 PASSENGER CARRYING VEHICLES .................... 2,003 2,003 

CARGO AND UTILITY VEHICLES 

002 MEDIUM TACTICAL VEHICLE ............................... 9,066 9,066 

004 ITEMS LESS THAN $5 MILLION ........................... 12,264 12,264 

SPECIAL PURPOSE VEHICLES 

006 ITEMS LESS THAN $5 MILLION ........................... 16,789 16,789 

FIRE FIGHTING EQUIPMENT 

007 FIRE FIGHTING/CRASH RESCUE VEHICLES ... 48,590 48,590 

MATERIALS HANDLING EQUIPMENT 

008 ITEMS LESS THAN $5 MILLION ........................... 2,366 2,366 

BASE MAINTENANCE SUPPORT 

009 RUNWAY SNOW REMOV & CLEANING EQUIP .. 6,468 6,468 

010 ITEMS LESS THAN $5 MILLION ........................... 9,271 9,271 

ELECTRONICS PROGRAMS 

016 AIR TRAFFIC CONTROL & LANDING SYS .......... 42,650 42,650 

SPCL COMM-ELECTRONICS PROJECTS 

029 AIR FORCE PHYSICAL SECURITY SYSTEM ....... 7,500 7,500 

033 C3 COUNTERMEASURES ........................................ 620 620 

ORGANIZATION AND BASE 

052 TACTICAL C-E EQUIPMENT .................................. 8,100 8,100 

MODIFICATIONS 

056 COMM ELECT MODS ............................................... 3,800 3,800 

BASE SUPPORT EQUIPMENT 

061 ENGINEERING AND EOD EQUIPMENT ............... 53,900 53,900 

SPECIAL SUPPORT PROJECTS 

067 DCGS-AF ..................................................................... 800 800 

CLASSIFIED PROGRAMS 

070A CLASSIFIED PROGRAMS ........................................ 3,609,978 3,609,978 

TOTAL OTHER PROCUREMENT, AIR 

FORCE.

3,834,165 3,834,165 

PROCUREMENT, DEFENSE-WIDE 

MAJOR EQUIPMENT, DISA 

007 TELEPORT PROGRAM ............................................. 1,900 1,900 

CLASSIFIED PROGRAMS 

040A CLASSIFIED PROGRAMS ........................................ 32,482 32,482 

AVIATION PROGRAMS 

041 MC–12 .......................................................................... 5,000 5,000 

043 UNMANNED ISR ....................................................... 11,880 11,880 

046 U–28 ............................................................................. 38,283 38,283 


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SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

AMMUNITION PROGRAMS 

057 ORDNANCE ITEMS <$5M ........................................ 52,504 52,504 

OTHER PROCUREMENT PROGRAMS 

058 INTELLIGENCE SYSTEMS ..................................... 22,000 22,000 

060 OTHER ITEMS <$5M ................................................ 11,580 11,580 

062 SPECIAL PROGRAMS ............................................... 13,549 13,549 

063 TACTICAL VEHICLES .............................................. 3,200 3,200 

069 OPERATIONAL ENHANCEMENTS ........................ 42,056 22,806 

Classified adjustment .......................................... [–19,250 ] 

TOTAL PROCUREMENT, DEFENSEWIDE.234,434 215,184 

TOTAL PROCUREMENT ............................. 8,614,221 8,704,921 

SEC. 4103. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS. 

SEC. 4103. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS FOR 

BASE REQUIREMENTS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

AIRCRAFT PROCUREMENT, ARMY 

ROTARY 

006 AH–64 APACHE BLOCK IIIA REMAN .................... 78,040 78,040 

TOTAL AIRCRAFT PROCUREMENT, 

ARMY.

78,040 78,040 

MISSILE PROCUREMENT, ARMY 

AIR-TO-SURFACE MISSILE SYSTEM 

004 HELLFIRE SYS SUMMARY ..................................... 150,000 150,000 

ANTI-TANK/ASSAULT MISSILE SYS 

007 JAVELIN (AAWS-M) SYSTEM SUMMARY ............ 104,200 

Army unfunded requirement ............................... [104,200 ] 

010 GUIDED MLRS ROCKET (GMLRS) ........................ 76,000 

Army unfunded requirement ............................... [76,000 ] 

MODIFICATIONS 

014 ATACMS MODS ......................................................... 15,900 

Army unfunded requirement ............................... [15,900 ] 

TOTAL MISSILE PROCUREMENT, 

ARMY.

150,000 346,100 

PROCUREMENT OF AMMUNITION, ARMY 

SMALL/MEDIUM CAL AMMUNITION 

001 CTG, 5.56MM, ALL TYPES ....................................... 4,000 

Army unfunded requirement ............................... [4,000 ] 

002 CTG, 7.62MM, ALL TYPES ....................................... 14,000 

Army unfunded requirement ............................... [14,000 ] 

003 CTG, HANDGUN, ALL TYPES ................................. 9,000 

Army unfunded requirement ............................... [9,000 ] 

004 CTG, .50 CAL, ALL TYPES ....................................... 20,000 

Army unfunded requirement ............................... [20,000 ] 

005 CTG, 20MM, ALL TYPES .......................................... 14,000 

Army unfunded requirement ............................... [14,000 ] 

007 CTG, 30MM, ALL TYPES .......................................... 8,200 

Army unfunded requirement ............................... [8,200 ] 

MORTAR AMMUNITION 

011 120MM MORTAR, ALL TYPES ................................ 30,000 

Army unfunded requirement ............................... [30,000 ] 

TANK AMMUNITION 

012 CARTRIDGES, TANK, 105MM AND 120MM, ALL 

TYPES.

35,000 


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SEC. 4103. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS FOR 

BASE REQUIREMENTS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

Army unfunded requirement ............................... [35,000 ] 

ARTILLERY AMMUNITION 

015 PROJ 155MM EXTENDED RANGE M982 .............. 23,500 

Army unfunded requirement ............................... [23,500 ] 

016 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL.10,000 

Army unfunded requirement ............................... [10,000 ] 

ROCKETS 

019 SHOULDER LAUNCHED MUNITIONS, ALL 

TYPES.

30,000 

Army unfunded requirement ............................... [30,000 ] 

020 ROCKET, HYDRA 70, ALL TYPES .......................... 42,500 

Army unfunded requirement ............................... [27,500 ] 

Army unfunded requirement- guided hydra 

rockets.

[15,000 ] 

TOTAL PROCUREMENT OF AMMUNITION, ARMY.240,200 

OTHER PROCUREMENT, ARMY 

TACTICAL VEHICLES 

008 FAMILY OF MEDIUM TACTICAL VEH (FMTV) ... 152,000 152,000 

GENERATORS 

158 GENERATORS AND ASSOCIATED EQUIP ........... 9,900 9,900 

TOTAL OTHER PROCUREMENT, ARMY 161,900 161,900 

JOINT IMPROVISED-THREAT DEFEAT FUND 

NETWORK ATTACK 

001 RAPID ACQUISITION AND THREAT RESPONSE 113,272 113,272 

TOTAL JOINT IMPROVISED-THREAT 

DEFEAT FUND.

113,272 113,272 

AIRCRAFT PROCUREMENT, NAVY 

MODIFICATION OF AIRCRAFT 

035 SH–60 SERIES ........................................................... 3,000 3,000 

036 H–1 SERIES ................................................................ 3,740 3,740 

051 COMMON ECM EQUIPMENT ................................. 27,460 27,460 

TOTAL AIRCRAFT PROCUREMENT, 

NAVY.

34,200 34,200 

WEAPONS PROCUREMENT, NAVY 

STRATEGIC MISSILES 

003 TOMAHAWK ............................................................... 84,200 

Scope Increase ...................................................... [84,200 ] 

TACTICAL MISSILES 

005 SIDEWINDER ............................................................. 33,000 

Navy unfunded requirement ................................ [33,000 ] 

TOTAL WEAPONS PROCUREMENT, 

NAVY.

117,200 

PROCUREMENT OF AMMO, NAVY & MC 

NAVY AMMUNITION 

001 GENERAL PURPOSE BOMBS ................................. 58,000 

Navy unfunded requirement—JDAM components.[58,000 ] 

MARINE CORPS AMMUNITION 

023 ARTILLERY, ALL TYPES ......................................... 19,200 

Marine Corps unfunded requirement- GMLRS 

AW munitions.

[19,200 ] 

TOTAL PROCUREMENT OF AMMO, 

NAVY & MC.

77,200 

OTHER PROCUREMENT, NAVY 

OTHER ORDNANCE SUPPORT EQUIPMENT 


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SEC. 4103. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS FOR 

BASE REQUIREMENTS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

116 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ....... 59,329 59,329 

TOTAL OTHER PROCUREMENT, NAVY 59,329 59,329 

AIRCRAFT PROCUREMENT, AIR FORCE 

OTHER AIRCRAFT 

015 MQ–9 ............................................................................ 179,430 179,430 

TOTAL AIRCRAFT PROCUREMENT, 

AIR FORCE.

179,430 179,430 

MISSILE PROCUREMENT, AIR FORCE 

TACTICAL 

007 SMALL DIAMETER BOMB ...................................... 167,800 167,800 

CLASS IV 

011 AGM–65D MAVERICK ............................................... 16,900 16,900 

TOTAL MISSILE PROCUREMENT, AIR 

FORCE.

184,700 184,700 

PROCUREMENT OF AMMUNITION, AIR 

FORCE 

ROCKETS 

001 ROCKETS .................................................................... 60,000 60,000 

BOMBS 

006 JOINT DIRECT ATTACK MUNITION .................... 263,000 263,000 

TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE.323,000 323,000 

PROCUREMENT, DEFENSE-WIDE 

MAJOR EQUIPMENT, DISA 

007 TELEPORT PROGRAM ............................................. 2,000 2,000 

016 DEFENSE INFORMATION SYSTEMS NETWORK 2,000 2,000 

TOTAL PROCUREMENT, DEFENSEWIDE.4,000 4,000 

TOTAL PROCUREMENT ............................. 1,287,871 1,918,571 

TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND 

EVALUATION 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

RESEARCH, DEVELOPMENT, TEST & EVAL, 

ARMY 

BASIC RESEARCH 

001 0601101A IN-HOUSE LABORATORY INDEPENDENT RESEARCH.12,381 12,381 

002 0601102A DEFENSE RESEARCH SCIENCES ............................. 253,116 253,116 

003 0601103A UNIVERSITY RESEARCH INITIATIVES ................... 69,166 69,166 

004 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS.94,280 94,280 

SUBTOTAL BASIC RESEARCH ............................ 428,943 428,943 

APPLIED RESEARCH 

005 0602105A MATERIALS TECHNOLOGY ........................................ 31,533 37,033 

Ground vehicle coating system ................................ [5,500 ] 

006 0602120A SENSORS AND ELECTRONIC SURVIVABILITY ..... 36,109 38,109 

Program increase ...................................................... [2,000 ] 

007 0602122A TRACTOR HIP ................................................................ 6,995 6,995 

008 0602211A AVIATION TECHNOLOGY ............................................ 65,914 65,914 


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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

009 0602270A ELECTRONIC WARFARE TECHNOLOGY ................. 25,466 25,466 

010 0602303A MISSILE TECHNOLOGY .............................................. 44,313 44,313 

011 0602307A ADVANCED WEAPONS TECHNOLOGY ..................... 28,803 28,803 

012 0602308A ADVANCED CONCEPTS AND SIMULATION ............ 27,688 27,688 

013 0602601A COMBAT VEHICLE AND AUTOMOTIVE TECHNOLOGY.67,959 67,959 

014 0602618A BALLISTICS TECHNOLOGY ........................................ 85,436 85,436 

015 0602622A CHEMICAL, SMOKE AND EQUIPMENT DEFEATING TECHNOLOGY.3,923 3,923 

016 0602623A JOINT SERVICE SMALL ARMS PROGRAM ............. 5,545 5,545 

017 0602624A WEAPONS AND MUNITIONS TECHNOLOGY .......... 53,581 53,581 

018 0602705A ELECTRONICS AND ELECTRONIC DEVICES ......... 56,322 56,322 

019 0602709A NIGHT VISION TECHNOLOGY ................................... 36,079 36,079 

020 0602712A COUNTERMINE SYSTEMS .......................................... 26,497 26,497 

021 0602716A HUMAN FACTORS ENGINEERING TECHNOLOGY 23,671 23,671 

022 0602720A ENVIRONMENTAL QUALITY TECHNOLOGY .......... 22,151 22,151 

023 0602782A COMMAND, CONTROL, COMMUNICATIONS 

TECHNOLOGY.

37,803 37,803 

024 0602783A COMPUTER AND SOFTWARE TECHNOLOGY ......... 13,811 13,811 

025 0602784A MILITARY ENGINEERING TECHNOLOGY .............. 67,416 67,416 

026 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY.26,045 26,045 

027 0602786A WARFIGHTER TECHNOLOGY .................................... 37,403 42,403 

Program Increase ...................................................... [5,000 ] 

028 0602787A MEDICAL TECHNOLOGY ............................................ 77,111 77,111 

SUBTOTAL APPLIED RESEARCH ....................... 907,574 920,074 

ADVANCED TECHNOLOGY DEVELOPMENT 

029 0603001A WARFIGHTER ADVANCED TECHNOLOGY .............. 38,831 38,831 

030 0603002A MEDICAL ADVANCED TECHNOLOGY ...................... 68,365 68,365 

031 0603003A AVIATION ADVANCED TECHNOLOGY ..................... 94,280 94,280 

032 0603004A WEAPONS AND MUNITIONS ADVANCED TECHNOLOGY.68,714 68,714 

033 0603005A COMBAT VEHICLE AND AUTOMOTIVE ADVANCED TECHNOLOGY.122,132 152,132 

Emerging requirement .............................................. [30,000 ] 

034 0603006A SPACE APPLICATION ADVANCED TECHNOLOGY 3,904 3,904 

035 0603007A MANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY.14,417 14,417 

037 0603009A TRACTOR HIKE ............................................................. 8,074 21,374 

Classified adjustment ............................................... [13,300 ] 

038 0603015A NEXT GENERATION TRAINING & SIMULATION 

SYSTEMS.

18,969 18,969 

039 0603020A TRACTOR ROSE ............................................................ 11,910 11,910 

040 0603125A COMBATING TERRORISM—TECHNOLOGY DEVELOPMENT.27,686 27,686 

041 0603130A TRACTOR NAIL .............................................................. 2,340 2,340 

042 0603131A TRACTOR EGGS ............................................................ 2,470 2,470 

043 0603270A ELECTRONIC WARFARE TECHNOLOGY ................. 27,893 27,893 

044 0603313A MISSILE AND ROCKET ADVANCED TECHNOLOGY.52,190 52,190 

045 0603322A TRACTOR CAGE ............................................................ 11,107 11,107 

046 0603461A HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM.177,190 179,190 

Program increase ...................................................... [2,000 ] 

047 0603606A LANDMINE WARFARE AND BARRIER ADVANCED 

TECHNOLOGY.

17,451 17,451 

048 0603607A JOINT SERVICE SMALL ARMS PROGRAM ............. 5,839 5,839 

049 0603710A NIGHT VISION ADVANCED TECHNOLOGY ............ 44,468 44,468 

050 0603728A ENVIRONMENTAL QUALITY TECHNOLOGY DEMONSTRATIONS.11,137 11,137 

051 0603734A MILITARY ENGINEERING ADVANCED TECHNOLOGY.20,684 20,684 

052 0603772A ADVANCED TACTICAL COMPUTER SCIENCE 

AND SENSOR TECHNOLOGY.

44,239 44,239 

053 0603794A C3 ADVANCED TECHNOLOGY ................................... 35,775 35,775 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.930,065 975,365 

ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES 

054 0603305A ARMY MISSLE DEFENSE SYSTEMS INTEGRATION.9,433 9,433 


srobinson on DSK5SPTVN1PROD with HEARING
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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

055 0603308A ARMY SPACE SYSTEMS INTEGRATION .................. 23,056 23,056 

056 0603619A LANDMINE WARFARE AND BARRIER—ADV DEV 72,117 72,117 

057 0603627A SMOKE, OBSCURANT AND TARGET DEFEATING 

SYS-ADV DEV.

28,244 28,244 

058 0603639A TANK AND MEDIUM CALIBER AMMUNITION ....... 40,096 40,096 

059 0603747A SOLDIER SUPPORT AND SURVIVABILITY ............. 10,506 10,506 

060 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV.15,730 15,730 

061 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT.10,321 10,321 

062 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY— 

DEM/VAL.

7,785 7,785 

063 0603790A NATO RESEARCH AND DEVELOPMENT ................. 2,300 2,300 

064 0603801A AVIATION—ADV DEV ................................................... 10,014 10,014 

065 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV 

DEV.

20,834 20,834 

066 0603807A MEDICAL SYSTEMS—ADV DEV ................................. 33,503 33,503 

067 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT.31,120 40,520 

Accelerate small arms improvement ........................ [9,400 ] 

068 0604100A ANALYSIS OF ALTERNATIVES .................................. 6,608 6,608 

069 0604114A LOWER TIER AIR MISSILE DEFENSE (LTAMD) 

SENSOR.

35,132 35,132 

070 0604115A TECHNOLOGY MATURATION INITIATIVES ........... 70,047 61,038 

Excess growth ............................................................ [–9,009 ] 

071 0604120A ASSURED POSITIONING, NAVIGATION AND TIMING (PNT).83,279 83,279 

073 0305251A CYBERSPACE OPERATIONS FORCES AND 

FORCE SUPPORT.

40,510 30,510 

Inadequate justification ........................................... [–10,000 ] 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.550,635 541,026 

SYSTEM DEVELOPMENT & DEMONSTRATION 

074 0604201A AIRCRAFT AVIONICS ................................................... 83,248 83,248 

075 0604270A ELECTRONIC WARFARE DEVELOPMENT ............... 34,642 34,642 

077 0604290A MID-TIER NETWORKING VEHICULAR RADIO 

(MNVR).

12,172 12,172 

078 0604321A ALL SOURCE ANALYSIS SYSTEM ............................. 3,958 3,958 

079 0604328A TRACTOR CAGE ............................................................ 12,525 12,525 

080 0604601A INFANTRY SUPPORT WEAPONS ............................... 66,943 66,943 

082 0604611A JAVELIN .......................................................................... 20,011 20,011 

083 0604622A FAMILY OF HEAVY TACTICAL VEHICLES .............. 11,429 11,429 

084 0604633A AIR TRAFFIC CONTROL .............................................. 3,421 3,421 

085 0604641A TACTICAL UNMANNED GROUND VEHICLE 

(TUGV).

39,282 39,282 

086 0604642A LIGHT TACTICAL WHEELED VEHICLES ................. 494 494 

087 0604645A ARMORED SYSTEMS MODERNIZATION (ASM)— 

ENG DEV.

9,678 9,678 

088 0604710A NIGHT VISION SYSTEMS—ENG DEV ...................... 84,519 84,519 

089 0604713A COMBAT FEEDING, CLOTHING, AND EQUIPMENT.2,054 2,054 

090 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV ..... 30,774 30,774 

091 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV.53,332 61,332 

Program increase- all digital radar technology for 

CRAM.

[8,000 ] 

092 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT.17,887 17,887 

093 0604746A AUTOMATIC TEST EQUIPMENT DEVELOPMENT 8,813 8,813 

094 0604760A DISTRIBUTIVE INTERACTIVE SIMULATIONS 

(DIS)—ENG DEV.

10,487 10,487 

095 0604780A COMBINED ARMS TACTICAL TRAINER (CATT) 

CORE.

15,068 15,068 

096 0604798A BRIGADE ANALYSIS, INTEGRATION AND EVALUATION.89,716 89,716 

097 0604802A WEAPONS AND MUNITIONS—ENG DEV ................. 80,365 80,365 

098 0604804A LOGISTICS AND ENGINEER EQUIPMENT—ENG 

DEV.

75,098 86,198 

Program Increase- next generation signature management.[11,100 ] 

099 0604805A COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—ENG DEV.4,245 4,245 


srobinson on DSK5SPTVN1PROD with HEARING
840 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

100 0604807A MEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE EQUIPMENT—ENG DEV.41,124 41,124 

101 0604808A LANDMINE WARFARE/BARRIER—ENG DEV ......... 39,630 39,630 

102 0604818A ARMY TACTICAL COMMAND & CONTROL HARDWARE & SOFTWARE.205,590 205,590 

103 0604820A RADAR DEVELOPMENT .............................................. 15,983 15,983 

104 0604822A GENERAL FUND ENTERPRISE BUSINESS SYSTEM (GFEBS).6,805 6,805 

105 0604823A FIREFINDER .................................................................. 9,235 9,235 

106 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL ............. 12,393 12,393 

107 0604854A ARTILLERY SYSTEMS—EMD ..................................... 1,756 1,756 

108 0605013A INFORMATION TECHNOLOGY DEVELOPMENT .... 74,236 74,236 

109 0605018A INTEGRATED PERSONNEL AND PAY SYSTEMARMY (IPPS-A).155,584 144,584 

Unjustified growth .................................................... [–11,000 ] 

110 0605028A ARMORED MULTI-PURPOSE VEHICLE (AMPV) ..... 184,221 184,221 

111 0605029A INTEGRATED GROUND SECURITY SURVEILLANCE RESPONSE CAPABILITY (IGSSR-C).4,980 4,980 

112 0605030A JOINT TACTICAL NETWORK CENTER (JTNC) ....... 15,041 15,041 

113 0605031A JOINT TACTICAL NETWORK (JTN) .......................... 16,014 16,014 

114 0605032A TRACTOR TIRE .............................................................. 27,254 27,254 

115 0605033A GROUND-BASED OPERATIONAL SURVEILLANCE 

SYSTEM—EXPEDITIONARY (GBOSS-E).

5,032 5,032 

116 0605034A TACTICAL SECURITY SYSTEM (TSS) ....................... 2,904 2,904 

117 0605035A COMMON INFRARED COUNTERMEASURES 

(CIRCM).

96,977 96,977 

118 0605036A COMBATING WEAPONS OF MASS DESTRUCTION 

(CWMD).

2,089 2,089 

119 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT ........... 33,836 33,836 

120 0605042A TACTICAL NETWORK RADIO SYSTEMS (LOWTIER).18,824 18,824 

121 0605047A CONTRACT WRITING SYSTEM .................................. 20,663 20,663 

122 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT ......... 41,133 41,133 

123 0605052A INDIRECT FIRE PROTECTION CAPABILITY INC 

2—BLOCK 1.

83,995 83,995 

125 0605380A AMF JOINT TACTICAL RADIO SYSTEM (JTRS) ..... 5,028 5,028 

126 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) .............. 42,972 42,972 

128 0605457A ARMY INTEGRATED AIR AND MISSILE DEFENSE 

(AIAMD).

252,811 252,811 

131 0605766A NATIONAL CAPABILITIES INTEGRATION (MIP) ... 4,955 4,955 

132 0605812A JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND MANUFACTURING DEVELOPMENT PH.

11,530 11,530 

133 0605830A AVIATION GROUND SUPPORT EQUIPMENT ......... 2,142 2,142 

134 0210609A PALADIN INTEGRATED MANAGEMENT (PIM) ...... 41,498 41,498 

135 0303032A TROJAN—RH12 ............................................................. 4,273 4,273 

136 0304270A ELECTRONIC WARFARE DEVELOPMENT ............... 14,425 14,425 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.2,265,094 2,273,194 

RDT&E MANAGEMENT SUPPORT 

137 0604256A THREAT SIMULATOR DEVELOPMENT .................... 25,675 25,675 

138 0604258A TARGET SYSTEMS DEVELOPMENT ......................... 19,122 19,122 

139 0604759A MAJOR T&E INVESTMENT ........................................ 84,777 84,777 

140 0605103A RAND ARROYO CENTER ............................................. 20,658 20,658 

141 0605301A ARMY KWAJALEIN ATOLL .......................................... 236,648 236,648 

142 0605326A CONCEPTS EXPERIMENTATION PROGRAM .......... 25,596 25,596 

144 0605601A ARMY TEST RANGES AND FACILITIES ................... 293,748 293,748 

145 0605602A ARMY TECHNICAL TEST INSTRUMENTATION 

AND TARGETS.

52,404 52,404 

146 0605604A SURVIVABILITY/LETHALITY ANALYSIS ................ 38,571 38,571 

147 0605606A AIRCRAFT CERTIFICATION ....................................... 4,665 4,665 

148 0605702A METEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES.6,925 6,925 

149 0605706A MATERIEL SYSTEMS ANALYSIS ............................... 21,677 21,677 

150 0605709A EXPLOITATION OF FOREIGN ITEMS ....................... 12,415 12,415 

151 0605712A SUPPORT OF OPERATIONAL TESTING ................... 49,684 49,684 

152 0605716A ARMY EVALUATION CENTER .................................... 55,905 55,905 

153 0605718A ARMY MODELING & SIM X-CMD COLLABORATION & INTEG.7,959 7,959 

154 0605801A PROGRAMWIDE ACTIVITIES ...................................... 51,822 51,822 

155 0605803A TECHNICAL INFORMATION ACTIVITIES ................ 33,323 33,323 


srobinson on DSK5SPTVN1PROD with HEARING
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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

156 0605805A MUNITIONS STANDARDIZATION, EFFECTIVENESS AND SAFETY.40,545 40,545 

157 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY 

MGMT SUPPORT.

2,130 2,130 

158 0605898A MANAGEMENT HQ—R&D ........................................... 49,885 49,885 

159 0303260A DEFENSE MILITARY DECEPTION INITIATIVE ...... 2,000 2,000 

SUBTOTAL RDT&E MANAGEMENT SUPPORT 1,136,134 1,136,134 

OPERATIONAL SYSTEMS DEVELOPMENT 

161 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM ......... 9,663 9,663 

162 0603813A TRACTOR PULL ............................................................. 3,960 3,960 

163 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT ................ 3,638 3,638 

164 0607131A WEAPONS AND MUNITIONS PRODUCT IMPROVEMENT PROGRAMS.14,517 14,517 

165 0607133A TRACTOR SMOKE ......................................................... 4,479 4,479 

166 0607134A LONG RANGE PRECISION FIRES (LRPF) ................ 39,275 39,275 

167 0607135A APACHE PRODUCT IMPROVEMENT PROGRAM .... 66,441 66,441 

168 0607136A BLACKHAWK PRODUCT IMPROVEMENT PROGRAM.46,765 46,765 

169 0607137A CHINOOK PRODUCT IMPROVEMENT PROGRAM 91,848 91,848 

170 0607138A FIXED WING PRODUCT IMPROVEMENT PROGRAM.796 796 

171 0607139A IMPROVED TURBINE ENGINE PROGRAM .............. 126,105 126,105 

172 0607140A EMERGING TECHNOLOGIES FROM NIE ................ 2,369 2,369 

173 0607141A LOGISTICS AUTOMATION .......................................... 4,563 4,563 

174 0607665A FAMILY OF BIOMETRICS ............................................ 12,098 12,098 

175 0607865A PATRIOT PRODUCT IMPROVEMENT ....................... 49,482 49,482 

176 0202429A AEROSTAT JOINT PROJECT—COCOM EXERCISE 45,482 2,482 

Program reduction .................................................... [–43,000 ] 

178 0203728A JOINT AUTOMATED DEEP OPERATION COORDINATION SYSTEM (JADOCS).30,455 30,455 

179 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS .. 316,857 316,857 

180 0203740A MANEUVER CONTROL SYSTEM ............................... 4,031 4,031 

181 0203744A AIRCRAFT MODIFICATIONS/PRODUCT IMPROVEMENT PROGRAMS.35,793 35,793 

182 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM.259 259 

183 0203758A DIGITIZATION ............................................................... 6,483 6,483 

184 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM.5,122 5,122 

185 0203802A OTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS.7,491 7,491 

186 0203808A TRACTOR CARD ............................................................ 20,333 20,333 

188 0205410A MATERIALS HANDLING EQUIPMENT ..................... 124 124 

190 0205456A LOWER TIER AIR AND MISSILE DEFENSE (AMD) 

SYSTEM.

69,417 69,417 

191 0205778A GUIDED MULTIPLE-LAUNCH ROCKET SYSTEM 

(GMLRS).

22,044 22,044 

192 0208053A JOINT TACTICAL GROUND SYSTEM ....................... 12,649 12,649 

194 0303028A SECURITY AND INTELLIGENCE ACTIVITIES ........ 11,619 11,619 

195 0303140A INFORMATION SYSTEMS SECURITY PROGRAM .. 38,280 38,280 

196 0303141A GLOBAL COMBAT SUPPORT SYSTEM ..................... 27,223 27,223 

197 0303142A SATCOM GROUND ENVIRONMENT (SPACE) ......... 18,815 18,815 

198 0303150A WWMCCS/GLOBAL COMMAND AND CONTROL 

SYSTEM.

4,718 4,718 

202 0305204A TACTICAL UNMANNED AERIAL VEHICLES ........... 8,218 8,218 

203 0305206A AIRBORNE RECONNAISSANCE SYSTEMS .............. 11,799 11,799 

204 0305208A DISTRIBUTED COMMON GROUND/SURFACE 

SYSTEMS.

32,284 32,284 

205 0305219A MQ–1C GRAY EAGLE UAS ........................................... 13,470 13,470 

206 0305232A RQ–11 UAV ...................................................................... 1,613 1,613 

207 0305233A RQ–7 UAV ........................................................................ 4,597 4,597 

209 0310349A WIN-T INCREMENT 2—INITIAL NETWORKING ..... 4,867 4,867 

210 0708045A END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES.62,287 62,287 

210A 9999999999 CLASSIFIED PROGRAMS ............................................ 4,625 4,625 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.1,296,954 1,253,954 

TOTAL RESEARCH, DEVELOPMENT, 

TEST & EVAL, ARMY.

7,515,399 7,528,690 


srobinson on DSK5SPTVN1PROD with HEARING
842 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

RESEARCH, DEVELOPMENT, TEST & EVAL, 

NAVY 

BASIC RESEARCH 

001 0601103N UNIVERSITY RESEARCH INITIATIVES ................... 101,714 121,714 

Program increase ...................................................... [20,000 ] 

002 0601152N IN-HOUSE LABORATORY INDEPENDENT RESEARCH.18,508 18,508 

003 0601153N DEFENSE RESEARCH SCIENCES ............................. 422,748 422,748 

SUBTOTAL BASIC RESEARCH ............................ 542,970 562,970 

APPLIED RESEARCH 

004 0602114N POWER PROJECTION APPLIED RESEARCH .......... 41,371 41,371 

005 0602123N FORCE PROTECTION APPLIED RESEARCH ........... 158,745 158,745 

006 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY 51,590 51,590 

007 0602235N COMMON PICTURE APPLIED RESEARCH .............. 41,185 41,185 

008 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH.45,467 45,467 

009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH.118,941 118,941 

010 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED 

RESEARCH.

42,618 72,618 

Service Life Extension Program—AGOR ................ [30,000 ] 

011 0602651M JOINT NON-LETHAL WEAPONS APPLIED RESEARCH.6,327 6,327 

012 0602747N UNDERSEA WARFARE APPLIED RESEARCH ......... 126,313 126,313 

013 0602750N FUTURE NAVAL CAPABILITIES APPLIED RESEARCH.165,103 165,103 

014 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED 

RESEARCH.

33,916 33,916 

015 0602898N SCIENCE AND TECHNOLOGY MANAGEMENT— 

ONR HEADQUARTERS.

29,575 29,575 

SUBTOTAL APPLIED RESEARCH ....................... 861,151 891,151 

ADVANCED TECHNOLOGY DEVELOPMENT 

016 0603114N POWER PROJECTION ADVANCED TECHNOLOGY 96,406 96,406 

017 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY 48,438 48,438 

018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED 

TECHNOLOGY.

26,421 26,421 

019 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD).140,416 140,416 

020 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY 

DEVELOPMENT.

13,117 13,117 

021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED 

TECHNOLOGY DEVELOPMENT.

249,092 247,092 

Capable manpower, and power and energy ............ [–2,000 ] 

022 0603680N MANUFACTURING TECHNOLOGY PROGRAM ....... 56,712 56,712 

023 0603729N WARFIGHTER PROTECTION ADVANCED TECHNOLOGY.4,789 4,789 

024 0603747N UNDERSEA WARFARE ADVANCED TECHNOLOGY 25,880 25,880 

025 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS.60,550 60,550 

026 0603782N MINE AND EXPEDITIONARY WARFARE ADVANCED TECHNOLOGY.15,167 15,167 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.736,988 734,988 

ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES 

027 0603207N AIR/OCEAN TACTICAL APPLICATIONS .................. 48,536 48,536 

028 0603216N AVIATION SURVIVABILITY ........................................ 5,239 5,239 

030 0603251N AIRCRAFT SYSTEMS .................................................... 1,519 1,519 

031 0603254N ASW SYSTEMS DEVELOPMENT ................................ 7,041 7,041 

032 0603261N TACTICAL AIRBORNE RECONNAISSANCE ............. 3,274 3,274 

033 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY .... 57,034 15,496 

Rapid prototype development excess growth ........... [–30,267 ] 

Unmanned rapid prototype development excess 

growth.

[–11,271 ] 

034 0603502N SURFACE AND SHALLOW WATER MINE COUNTERMEASURES.165,775 143,548 

Excess prior year funds ............................................ [–1,500 ] 

LDUUV product development excess growth .......... [–13,800 ] 

USV with AQS–20 product development excess 

growth.

[–5,750 ] 


srobinson on DSK5SPTVN1PROD with HEARING
843 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

USV with AQS–20 support excess growth .............. [–1,177 ] 

035 0603506N SURFACE SHIP TORPEDO DEFENSE ...................... 87,066 87,066 

036 0603512N CARRIER SYSTEMS DEVELOPMENT ....................... 7,605 7,605 

037 0603525N PILOT FISH .................................................................... 132,068 132,068 

038 0603527N RETRACT LARCH .......................................................... 14,546 14,546 

039 0603536N RETRACT JUNIPER ...................................................... 115,435 115,435 

040 0603542N RADIOLOGICAL CONTROL ......................................... 702 702 

041 0603553N SURFACE ASW ............................................................... 1,081 1,081 

042 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT.100,565 100,565 

043 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS ....... 8,782 8,782 

044 0603563N SHIP CONCEPT ADVANCED DESIGN ....................... 14,590 14,590 

045 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY 

STUDIES.

15,805 15,805 

046 0603570N ADVANCED NUCLEAR POWER SYSTEMS ............... 453,313 453,313 

047 0603573N ADVANCED SURFACE MACHINERY SYSTEMS ..... 36,655 36,655 

048 0603576N CHALK EAGLE ............................................................... 367,016 367,016 

049 0603581N LITTORAL COMBAT SHIP (LCS) ................................ 51,630 51,630 

050 0603582N COMBAT SYSTEM INTEGRATION ............................. 23,530 23,530 

051 0603595N OHIO REPLACEMENT .................................................. 700,811 700,811 

052 0603596N LCS MISSION MODULES ............................................ 160,058 129,187 

Program Restructure ................................................ [–30,871 ] 

053 0603597N AUTOMATED TEST AND ANALYSIS ......................... 8,000 

Program increase ...................................................... [8,000 ] 

054 0603599N FRIGATE DEVELOPMENT ........................................... 84,900 84,900 

055 0603609N CONVENTIONAL MUNITIONS ................................... 8,342 8,342 

056 0603611M MARINE CORPS ASSAULT VEHICLES ..................... 158,682 138,762 

Product development prior year carryover .............. [–19,920 ] 

057 0603635M MARINE CORPS GROUND COMBAT/SUPPORT 

SYSTEM.

1,303 1,303 

058 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT.46,911 46,911 

060 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT.4,556 4,556 

061 0603721N ENVIRONMENTAL PROTECTION .............................. 20,343 20,343 

062 0603724N NAVY ENERGY PROGRAM .......................................... 52,479 52,479 

063 0603725N FACILITIES IMPROVEMENT ...................................... 5,458 5,458 

064 0603734N CHALK CORAL ............................................................... 245,860 245,860 

065 0603739N NAVY LOGISTIC PRODUCTIVITY .............................. 3,089 3,089 

066 0603746N RETRACT MAPLE .......................................................... 323,526 323,526 

067 0603748N LINK PLUMERIA ........................................................... 318,497 318,497 

068 0603751N RETRACT ELM ............................................................... 52,834 52,834 

069 0603764N LINK EVERGREEN ........................................................ 48,116 48,116 

070 0603787N SPECIAL PROCESSES .................................................. 13,619 13,619 

071 0603790N NATO RESEARCH AND DEVELOPMENT ................. 9,867 9,867 

072 0603795N LAND ATTACK TECHNOLOGY ................................... 6,015 6,015 

073 0603851M JOINT NON-LETHAL WEAPONS TESTING ............. 27,904 27,904 

074 0603860N JOINT PRECISION APPROACH AND LANDING 

SYSTEMS—DEM/VAL.

104,144 102,722 

UCLASS test support unjustified request ............... [–1,422 ] 

075 0603925N DIRECTED ENERGY AND ELECTRIC WEAPON 

SYSTEMS.

32,700 32,700 

076 0604112N GERALD R. FORD CLASS NUCLEAR AIRCRAFT 

CARRIER (CVN 78—80).

70,528 70,528 

077 0604122N REMOTE MINEHUNTING SYSTEM (RMS) ............... 3,001 3,001 

078 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM).34,920 34,920 

080 0604292N MH-XX .............................................................................. 1,620 1,620 

081 0604454N LX (R) ............................................................................... 6,354 6,354 

082 0604536N ADVANCED UNDERSEA PROTOTYPING ................. 78,589 44,189 

Ahead of need ............................................................ [–34,400 ] 

084 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT 

PROGRAM.

9,910 9,910 

085 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINEERING SUPPORT.23,971 23,971 

086 0604786N OFFENSIVE ANTI-SURFACE WARFARE WEAPON 

DEVELOPMENT.

252,409 250,371 

Increment II early to need ........................................ [–2,038 ] 

087 0605812M JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND MANUFACTURING DEVELOPMENT PH.

23,197 23,197 

088 0303354N ASW SYSTEMS DEVELOPMENT—MIP ..................... 9,110 9,110 

089 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP .... 437 437 


srobinson on DSK5SPTVN1PROD with HEARING
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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.4,662,867 4,518,451 

SYSTEM DEVELOPMENT & DEMONSTRATION 

090 0603208N TRAINING SYSTEM AIRCRAFT .................................. 19,938 19,938 

091 0604212N OTHER HELO DEVELOPMENT .................................. 6,268 6,268 

092 0604214N AV–8B AIRCRAFT—ENG DEV ..................................... 33,664 33,664 

093 0604215N STANDARDS DEVELOPMENT .................................... 1,300 1,300 

094 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT.5,275 5,275 

095 0604218N AIR/OCEAN EQUIPMENT ENGINEERING .............. 3,875 3,875 

096 0604221N P–3 MODERNIZATION PROGRAM ............................. 1,909 1,909 

097 0604230N WARFARE SUPPORT SYSTEM ................................... 13,237 13,237 

098 0604231N TACTICAL COMMAND SYSTEM ................................. 36,323 36,323 

099 0604234N ADVANCED HAWKEYE ................................................. 363,792 363,792 

100 0604245N H–1 UPGRADES ............................................................. 27,441 27,441 

101 0604261N ACOUSTIC SEARCH SENSORS .................................. 34,525 34,525 

102 0604262N V–22A ............................................................................... 174,423 157,698 

Hardware development airframe excess growth ..... [–8,474 ] 

Refueling system development excess growth .......... [–8,251 ] 

103 0604264N AIR CREW SYSTEMS DEVELOPMENT ..................... 13,577 13,577 

104 0604269N EA–18 ............................................................................... 116,761 116,761 

105 0604270N ELECTRONIC WARFARE DEVELOPMENT ............... 48,766 48,766 

106 0604273N EXECUTIVE HELO DEVELOPMENT ......................... 338,357 338,357 

107 0604274N NEXT GENERATION JAMMER (NGJ) ....................... 577,822 577,822 

108 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRSNAVY).2,365 2,365 

109 0604282N NEXT GENERATION JAMMER (NGJ) INCREMENT 

II.

52,065 42,065 

Program growth ........................................................ [–10,000 ] 

110 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGINEERING.282,764 282,764 

111 0604311N LPD–17 CLASS SYSTEMS INTEGRATION ................ 580 580 

112 0604329N SMALL DIAMETER BOMB (SDB) ............................... 97,622 97,622 

113 0604366N STANDARD MISSILE IMPROVEMENTS ................... 120,561 120,561 

114 0604373N AIRBORNE MCM ........................................................... 45,622 45,622 

116 0604378N NAVAL INTEGRATED FIRE CONTROL— 

COUNTER AIR SYSTEMS ENGINEERING.

25,750 25,750 

118 0604501N ADVANCED ABOVE WATER SENSORS ..................... 85,868 85,868 

119 0604503N SSN–688 AND TRIDENT MODERNIZATION ............ 117,476 117,476 

120 0604504N AIR CONTROL ................................................................ 47,404 47,404 

121 0604512N SHIPBOARD AVIATION SYSTEMS ............................ 112,158 112,158 

122 0604518N COMBAT INFORMATION CENTER CONVERSION 6,283 6,283 

123 0604522N AIR AND MISSILE DEFENSE RADAR (AMDR) SYSTEM.144,395 144,395 

124 0604558N NEW DESIGN SSN ........................................................ 113,013 113,013 

125 0604562N SUBMARINE TACTICAL WARFARE SYSTEM .......... 43,160 43,160 

126 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE T&E ........... 65,002 85,002 

CVN Design ............................................................... [20,000 ] 

127 0604574N NAVY TACTICAL COMPUTER RESOURCES ............ 3,098 3,098 

128 0604580N VIRGINIA PAYLOAD MODULE (VPM) ....................... 97,920 97,920 

129 0604601N MINE DEVELOPMENT ................................................. 10,490 10,490 

130 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT ............ 20,178 20,178 

131 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT.7,369 7,369 

132 0604703N PERSONNEL, TRAINING, SIMULATION, AND 

HUMAN FACTORS.

4,995 4,995 

133 0604727N JOINT STANDOFF WEAPON SYSTEMS ................... 412 412 

134 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) ....... 134,619 134,619 

135 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) ....... 114,475 105,475 

Program Execution ................................................... [–9,000 ] 

136 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) 114,211 111,211 

Decoy development effort unjustified growth .......... [–3,000 ] 

137 0604761N INTELLIGENCE ENGINEERING ................................ 11,029 11,029 

138 0604771N MEDICAL DEVELOPMENT .......................................... 9,220 9,220 

139 0604777N NAVIGATION/ID SYSTEM .......................................... 42,723 42,723 

140 0604800M JOINT STRIKE FIGHTER (JSF)—EMD ..................... 531,426 531,426 

141 0604800N JOINT STRIKE FIGHTER (JSF)—EMD ..................... 528,716 528,716 

142 0604810M JOINT STRIKE FIGHTER FOLLOW ON DEVELOPMENT—MARINE CORPS.74,227 71,977 

Follow-on development excess funds ....................... [–2,250 ] 

143 0604810N JOINT STRIKE FIGHTER FOLLOW ON DEVELOPMENT—NAVY.63,387 61,137 


srobinson on DSK5SPTVN1PROD with HEARING
845 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

Follow-on development excess funds ....................... [–2,250 ] 

144 0605013M INFORMATION TECHNOLOGY DEVELOPMENT .... 4,856 4,856 

145 0605013N INFORMATION TECHNOLOGY DEVELOPMENT .... 97,066 97,066 

146 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT ................ 2,500 2,500 

147 0605212N CH–53K RDTE ................................................................. 404,810 373,297 

Program delay .......................................................... [–31,513 ] 

148 0605215N MISSION PLANNING .................................................... 33,570 33,570 

149 0605217N COMMON AVIONICS .................................................... 51,599 51,599 

150 0605220N SHIP TO SHORE CONNECTOR (SSC) ....................... 11,088 11,088 

151 0605327N T-AO (X) ........................................................................... 1,095 1,095 

152 0605414N MQ-XX .............................................................................. 89,000 77,000 

Excess Obligation ..................................................... [–12,000 ] 

153 0605450N JOINT AIR-TO-GROUND MISSILE (JAGM) .............. 17,880 17,880 

154 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) ..... 59,126 59,126 

155 0605504N MULTI-MISSION MARITIME (MMA) INCREMENT 

III.

182,220 152,220 

Program execution .................................................... [–30,000 ] 

156 0204202N DDG–1000 ........................................................................ 45,642 45,642 

159 0304231N TACTICAL COMMAND SYSTEM—MIP ...................... 676 676 

160 0304785N TACTICAL CRYPTOLOGIC SYSTEMS ....................... 36,747 36,747 

161 0305124N SPECIAL APPLICATIONS PROGRAM ........................ 35,002 35,002 

162 0306250M CYBER OPERATIONS TECHNOLOGY DEVELOPMENT.4,942 4,942 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.6,025,655 5,928,917 

MANAGEMENT SUPPORT 

163 0604256N THREAT SIMULATOR DEVELOPMENT .................... 16,633 16,633 

164 0604258N TARGET SYSTEMS DEVELOPMENT ......................... 36,662 36,662 

165 0604759N MAJOR T&E INVESTMENT ........................................ 42,109 42,109 

166 0605126N JOINT THEATER AIR AND MISSILE DEFENSE 

ORGANIZATION.

2,998 2,998 

167 0605152N STUDIES AND ANALYSIS SUPPORT—NAVY .......... 3,931 3,931 

168 0605154N CENTER FOR NAVAL ANALYSES .............................. 46,634 46,634 

169 0605285N NEXT GENERATION FIGHTER .................................. 1,200 1,200 

171 0605804N TECHNICAL INFORMATION SERVICES .................. 903 903 

172 0605853N MANAGEMENT, TECHNICAL & INTERNATIONAL 

SUPPORT.

87,077 87,077 

173 0605856N STRATEGIC TECHNICAL SUPPORT ......................... 3,597 3,597 

174 0605861N RDT&E SCIENCE AND TECHNOLOGY MANAGEMENT.62,811 62,811 

175 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT ................. 106,093 106,093 

176 0605864N TEST AND EVALUATION SUPPORT ......................... 349,146 349,146 

177 0605865N OPERATIONAL TEST AND EVALUATION CAPABILITY.18,160 18,160 

178 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW) 

SUPPORT.

9,658 9,658 

179 0605867N SEW SURVEILLANCE/RECONNAISSANCE SUPPORT.6,500 6,500 

180 0605873M MARINE CORPS PROGRAM WIDE SUPPORT .......... 22,247 22,247 

181 0605898N MANAGEMENT HQ—R&D ........................................... 16,254 16,254 

182 0606355N WARFARE INNOVATION MANAGEMENT ................ 21,123 21,123 

SUBTOTAL MANAGEMENT SUPPORT .............. 853,736 853,736 

OPERATIONAL SYSTEMS DEVELOPMENT 

188 0607658N COOPERATIVE ENGAGEMENT CAPABILITY (CEC) 84,501 84,501 

189 0607700N DEPLOYABLE JOINT COMMAND AND CONTROL 2,970 2,970 

190 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUPPORT 136,556 136,556 

191 0101224N SSBN SECURITY TECHNOLOGY PROGRAM ........... 33,845 33,845 

192 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOPMENT.9,329 9,329 

193 0101402N NAVY STRATEGIC COMMUNICATIONS ................... 17,218 17,218 

195 0204136N F/A–18 SQUADRONS .................................................... 189,125 189,125 

196 0204163N FLEET TELECOMMUNICATIONS (TACTICAL) ....... 48,225 48,225 

197 0204228N SURFACE SUPPORT ..................................................... 21,156 21,156 

198 0204229N TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER (TMPC).71,355 71,355 

199 0204311N INTEGRATED SURVEILLANCE SYSTEM ................. 58,542 57,058 

TASW prototypes excess growth ............................... [–1,484 ] 

200 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT CRAFT).13,929 13,929 

201 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ATOR) 83,538 83,538 


srobinson on DSK5SPTVN1PROD with HEARING
846 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

202 0204571N CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT.38,593 38,593 

203 0204574N CRYPTOLOGIC DIRECT SUPPORT ............................ 1,122 1,122 

204 0204575N ELECTRONIC WARFARE (EW) READINESS SUPPORT.99,998 99,998 

205 0205601N HARM IMPROVEMENT ................................................ 48,635 48,635 

206 0205604N TACTICAL DATA LINKS ............................................... 124,785 124,785 

207 0205620N SURFACE ASW COMBAT SYSTEM INTEGRATION 24,583 24,583 

208 0205632N MK–48 ADCAP ................................................................ 39,134 39,134 

209 0205633N AVIATION IMPROVEMENTS ....................................... 120,861 120,861 

210 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS ......... 101,786 101,786 

211 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS ... 82,159 82,159 

212 0206335M COMMON AVIATION COMMAND AND CONTROL 

SYSTEM (CAC2S).

11,850 11,850 

213 0206623M MARINE CORPS GROUND COMBAT/SUPPORTING ARMS SYSTEMS.47,877 47,877 

214 0206624M MARINE CORPS COMBAT SERVICES SUPPORT ... 13,194 13,194 

215 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE 

SYSTEMS (MIP).

17,171 17,171 

216 0206629M AMPHIBIOUS ASSAULT VEHICLE ............................ 38,020 38,020 

217 0207161N TACTICAL AIM MISSILES ........................................... 56,285 56,285 

218 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM).40,350 40,350 

219 0219902M GLOBAL COMBAT SUPPORT SYSTEM—MARINE 

CORPS (GCSS-MC).

9,128 9,128 

223 0303109N SATELLITE COMMUNICATIONS (SPACE) ............... 37,372 37,372 

224 0303138N CONSOLIDATED AFLOAT NETWORK ENTERPRISE SERVICES (CANES).23,541 23,541 

225 0303140N INFORMATION SYSTEMS SECURITY PROGRAM .. 38,510 38,510 

228 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES.6,019 6,019 

229 0305204N TACTICAL UNMANNED AERIAL VEHICLES ........... 8,436 8,436 

230 0305205N UAS INTEGRATION AND INTEROPERABILITY ..... 36,509 33,509 

Prior year carryover .................................................. [–3,000 ] 

231 0305208M DISTRIBUTED COMMON GROUND/SURFACE 

SYSTEMS.

2,100 2,100 

232 0305208N DISTRIBUTED COMMON GROUND/SURFACE 

SYSTEMS.

44,571 44,571 

233 0305220N MQ–4C TRITON .............................................................. 111,729 111,729 

234 0305231N MQ–8 UAV ....................................................................... 26,518 26,518 

235 0305232M RQ–11 UAV ...................................................................... 418 418 

236 0305233N RQ–7 UAV ........................................................................ 716 716 

237 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ........ 5,071 5,071 

238 0305239M RQ–21A ............................................................................. 9,497 9,497 

239 0305241N MULTI-INTELLIGENCE SENSOR DEVELOPMENT 77,965 77,965 

240 0305242M UNMANNED AERIAL SYSTEMS (UAS) PAYLOADS 

(MIP).

11,181 11,181 

241 0305421N RQ–4 MODERNIZATION ............................................... 181,266 181,266 

242 0308601N MODELING AND SIMULATION SUPPORT .............. 4,709 4,709 

243 0702207N DEPOT MAINTENANCE (NON-IF) .............................. 49,322 49,322 

245 0708730N MARITIME TECHNOLOGY (MARITECH) .................. 3,204 3,204 

245A 9999999999 CLASSIFIED PROGRAMS ............................................ 1,228,460 1,228,460 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.3,592,934 3,588,450 

TOTAL RESEARCH, DEVELOPMENT, 

TEST & EVAL, NAVY.

17,276,301 17,078,663 

RESEARCH, DEVELOPMENT, TEST & EVAL, AF 

BASIC RESEARCH 

001 0601102F DEFENSE RESEARCH SCIENCES ............................. 340,812 340,812 

002 0601103F UNIVERSITY RESEARCH INITIATIVES ................... 145,044 145,044 

003 0601108F HIGH ENERGY LASER RESEARCH INITIATIVES .. 14,168 14,168 

SUBTOTAL BASIC RESEARCH ............................ 500,024 500,024 

APPLIED RESEARCH 

004 0602102F MATERIALS .................................................................... 126,152 131,152 

Precision measuring tools ........................................ [5,000 ] 

005 0602201F AEROSPACE VEHICLE TECHNOLOGIES ................. 122,831 127,831 

Reusable Hypersonic vehicle structures development.[5,000 ] 

006 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH .. 111,647 111,647 

007 0602203F AEROSPACE PROPULSION ......................................... 185,671 190,671 


srobinson on DSK5SPTVN1PROD with HEARING
847 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

Program increase ...................................................... [5,000 ] 

008 0602204F AEROSPACE SENSORS ................................................ 155,174 155,174 

009 0602601F SPACE TECHNOLOGY .................................................. 117,915 117,915 

010 0602602F CONVENTIONAL MUNITIONS ................................... 109,649 109,649 

011 0602605F DIRECTED ENERGY TECHNOLOGY ......................... 127,163 127,163 

012 0602788F DOMINANT INFORMATION SCIENCES AND 

METHODS.

161,650 161,650 

013 0602890F HIGH ENERGY LASER RESEARCH ........................... 42,300 42,300 

SUBTOTAL APPLIED RESEARCH ....................... 1,260,152 1,275,152 

ADVANCED TECHNOLOGY DEVELOPMENT 

014 0603112F ADVANCED MATERIALS FOR WEAPON SYSTEMS 35,137 45,137 

Metals Affordability Initiative ................................. [10,000 ] 

015 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY 

(S&T).

20,636 20,636 

016 0603203F ADVANCED AEROSPACE SENSORS ......................... 40,945 40,945 

017 0603211F AEROSPACE TECHNOLOGY DEV/DEMO ................ 130,950 130,950 

018 0603216F AEROSPACE PROPULSION AND POWER TECHNOLOGY.94,594 99,594 

Silicon Carbide for aerospace power application ... [5,000 ] 

019 0603270F ELECTRONIC COMBAT TECHNOLOGY .................... 58,250 58,250 

020 0603401F ADVANCED SPACECRAFT TECHNOLOGY ............... 61,593 61,593 

021 0603444F MAUI SPACE SURVEILLANCE SYSTEM (MSSS) .... 11,681 11,681 

022 0603456F HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT.26,492 26,492 

023 0603601F CONVENTIONAL WEAPONS TECHNOLOGY ........... 102,009 102,009 

024 0603605F ADVANCED WEAPONS TECHNOLOGY ..................... 39,064 39,064 

025 0603680F MANUFACTURING TECHNOLOGY PROGRAM ....... 46,344 46,344 

026 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT 

AND DEMONSTRATION.

58,110 58,110 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.725,805 740,805 

ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES 

027 0603260F INTELLIGENCE ADVANCED DEVELOPMENT ........ 5,598 5,598 

028 0603438F SPACE CONTROL TECHNOLOGY .............................. 7,534 7,534 

029 0603742F COMBAT IDENTIFICATION TECHNOLOGY ............ 24,418 24,418 

030 0603790F NATO RESEARCH AND DEVELOPMENT ................. 4,333 4,333 

032 0603830F SPACE SECURITY AND DEFENSE PROGRAM ........ 32,399 32,399 

033 0603851F INTERCONTINENTAL BALLISTIC MISSILE— 

DEM/VAL.

108,663 108,663 

035 0604015F LONG RANGE STRIKE—BOMBER ............................. 1,358,309 1,358,309 

036 0604257F ADVANCED TECHNOLOGY AND SENSORS ............ 34,818 34,818 

037 0604317F TECHNOLOGY TRANSFER .......................................... 3,368 3,368 

038 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT 

SYSTEM (HDBTDS) PROGRAM.

74,308 74,308 

039 0604422F WEATHER SYSTEM FOLLOW-ON .............................. 118,953 113,953 

Transfer Cloud Characterization and Theater 

Weather Imagery to NRO.

[–5,000 ] 

040 0604425F SPACE SITUATION AWARENESS SYSTEMS ........... 9,901 9,901 

041 0604776F DEPLOYMENT & DISTRIBUTION ENTERPRISE 

R&D.

25,890 25,890 

042 0604857F OPERATIONALLY RESPONSIVE SPACE .................. 7,921 18,421 

Program increase ...................................................... [10,500 ] 

043 0604858F TECH TRANSITION PROGRAM .................................. 347,304 347,304 

044 0605230F GROUND BASED STRATEGIC DETERRENT ........... 113,919 113,919 

046 0207110F NEXT GENERATION AIR DOMINANCE .................... 20,595 20,595 

047 0207455F THREE DIMENSIONAL LONG-RANGE RADAR 

(3DELRR).

49,491 49,491 

048 0305164F NAVSTAR GLOBAL POSITIONING SYSTEM (USER 

EQUIPMENT) (SPACE).

278,147 278,147 

049 0305236F COMMON DATA LINK EXECUTIVE AGENT (CDL 

EA).

42,338 42,338 

050 0306250F CYBER OPERATIONS TECHNOLOGY DEVELOPMENT.158,002 158,002 

051 0306415F ENABLED CYBER ACTIVITIES ................................... 15,842 15,842 

052 0901410F CONTRACTING INFORMATION TECHNOLOGY 

SYSTEM.

5,782 5,782 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.2,847,833 2,853,333 

SYSTEM DEVELOPMENT & DEMONSTRATION 


srobinson on DSK5SPTVN1PROD with HEARING
848 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

054 0604270F ELECTRONIC WARFARE DEVELOPMENT ............... 12,476 9,176 

Improved GPS ........................................................... [–3,300 ] 

055 0604281F TACTICAL DATA NETWORKS ENTERPRISE ........... 82,380 82,380 

056 0604287F PHYSICAL SECURITY EQUIPMENT ......................... 8,458 8,458 

057 0604329F SMALL DIAMETER BOMB (SDB)—EMD ................... 54,838 47,038 

Improved GPS ........................................................... [–7,800 ] 

058 0604421F COUNTERSPACE SYSTEMS ....................................... 34,394 34,394 

059 0604425F SPACE SITUATION AWARENESS SYSTEMS ........... 23,945 23,945 

060 0604426F SPACE FENCE ............................................................... 168,364 168,364 

061 0604429F AIRBORNE ELECTRONIC ATTACK ........................... 9,187 9,187 

062 0604441F SPACE BASED INFRARED SYSTEM (SBIRS) HIGH 

EMD.

181,966 181,966 

063 0604602F ARMAMENT/ORDNANCE DEVELOPMENT ............. 20,312 20,312 

064 0604604F SUBMUNITIONS ............................................................ 2,503 2,503 

065 0604617F AGILE COMBAT SUPPORT .......................................... 53,680 53,680 

066 0604618F JOINT DIRECT ATTACK MUNITION ......................... 9,901 9,901 

067 0604706F LIFE SUPPORT SYSTEMS ........................................... 7,520 7,520 

068 0604735F COMBAT TRAINING RANGES .................................... 77,409 77,409 

069 0604800F F–35—EMD ...................................................................... 450,467 450,467 

070 0604853F EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM (SPACE)—EMD.296,572 160,000 

Launch System Development ................................... [160,000 ] 

Next Generation Launch System Investment .......... [–296,572 ] 

070A 0604XXXF ROCKET PROPULSION SYSTEM ............................... 220,000 

Rocket Propulsion System Replacement of RD–180 [220,000 ] 

071 0604932F LONG RANGE STANDOFF WEAPON ......................... 95,604 95,604 

072 0604933F ICBM FUZE MODERNIZATION .................................. 189,751 189,751 

073 0605030F JOINT TACTICAL NETWORK CENTER (JTNC) ....... 1,131 1,131 

074 0605213F F–22 MODERNIZATION INCREMENT 3.2B .............. 70,290 70,290 

075 0605214F GROUND ATTACK WEAPONS FUZE DEVELOPMENT.937 937 

076 0605221F KC–46 ............................................................................... 261,724 121,724 

Scope Reduction ........................................................ [–140,000 ] 

077 0605223F ADVANCED PILOT TRAINING .................................... 12,377 7,377 

Early to need ............................................................. [–5,000 ] 

078 0605229F CSAR HH–60 RECAPITALIZATION ............................ 319,331 304,331 

Forward financing .................................................... [–15,000 ] 

080 0605431F ADVANCED EHF MILSATCOM (SPACE) ................... 259,131 229,131 

Delayed analysis of alternatives .............................. [–30,000 ] 

081 0605432F POLAR MILSATCOM (SPACE) ..................................... 50,815 50,815 

082 0605433F WIDEBAND GLOBAL SATCOM (SPACE) ................... 41,632 51,632 

COMSATCOM pilot program .................................. [10,000 ] 

083 0605458F AIR & SPACE OPS CENTER 10.2 RDT&E ................. 28,911 28,911 

084 0605931F B–2 DEFENSIVE MANAGEMENT SYSTEM .............. 315,615 288,915 

Scope Reduction ........................................................ [–26,700 ] 

085 0101125F NUCLEAR WEAPONS MODERNIZATION ................. 137,909 137,909 

086 0207171F F–15 EPAWSS ................................................................. 256,669 256,669 

087 0207701F FULL COMBAT MISSION TRAINING ........................ 12,051 12,051 

088 0305176F COMBAT SURVIVOR EVADER LOCATOR ................ 29,253 29,253 

089 0307581F JSTARS RECAP .............................................................. 128,019 128,019 

090 0401319F PRESIDENTIAL AIRCRAFT REPLACEMENT (PAR) 351,220 351,220 

091 0701212F AUTOMATED TEST SYSTEMS ................................... 19,062 19,062 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.4,075,804 3,941,432 

MANAGEMENT SUPPORT 

092 0604256F THREAT SIMULATOR DEVELOPMENT .................... 21,630 21,630 

093 0604759F MAJOR T&E INVESTMENT ........................................ 66,385 66,385 

094 0605101F RAND PROJECT AIR FORCE ...................................... 34,641 34,641 

096 0605712F INITIAL OPERATIONAL TEST & EVALUATION ..... 11,529 11,529 

097 0605807F TEST AND EVALUATION SUPPORT ......................... 661,417 661,417 

098 0605860F ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) 11,198 11,198 

099 0605864F SPACE TEST PROGRAM (STP) ................................... 27,070 27,070 

100 0605976F FACILITIES RESTORATION AND MODERNIZATION—TEST AND EVALUATION SUPPORT.134,111 134,111 

101 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT.28,091 28,091 

102 0606017F REQUIREMENTS ANALYSIS AND MATURATION .. 29,100 29,100 

103 0606116F SPACE TEST AND TRAINING RANGE DEVELOPMENT.18,528 18,528 

104 0606392F SPACE AND MISSILE CENTER (SMC) CIVILIAN 

WORKFORCE.

176,666 176,666 

105 0308602F ENTEPRISE INFORMATION SERVICES (EIS) ......... 4,410 4,410 


srobinson on DSK5SPTVN1PROD with HEARING
849 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

106 0702806F ACQUISITION AND MANAGEMENT SUPPORT ...... 14,613 14,613 

107 0804731F GENERAL SKILL TRAINING ....................................... 1,404 1,404 

109 1001004F INTERNATIONAL ACTIVITIES ................................... 4,784 4,784 

SUBTOTAL MANAGEMENT SUPPORT .............. 1,245,577 1,245,577 

OPERATIONAL SYSTEMS DEVELOPMENT 

110 0603423F GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL SEGMENT.393,268 393,268 

111 0604233F SPECIALIZED UNDERGRADUATE FLIGHT 

TRAINING.

15,427 15,427 

112 0604445F WIDE AREA SURVEILLANCE ..................................... 46,695 46,695 

115 0605018F AF INTEGRATED PERSONNEL AND PAY SYSTEM 

(AF-IPPS).

10,368 10,368 

116 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY.31,952 31,952 

117 0605117F FOREIGN MATERIEL ACQUISITION AND EXPLOITATION.42,960 42,960 

118 0605278F HC/MC–130 RECAP RDT&E ........................................ 13,987 13,987 

119 0101113F B–52 SQUADRONS ........................................................ 78,267 78,267 

120 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) ............. 453 453 

121 0101126F B–1B SQUADRONS ........................................................ 5,830 5,830 

122 0101127F B–2 SQUADRONS .......................................................... 152,458 152,458 

123 0101213F MINUTEMAN SQUADRONS ........................................ 182,958 182,958 

124 0101313F STRAT WAR PLANNING SYSTEM—USSTRATCOM 39,148 39,148 

126 0101316F WORLDWIDE JOINT STRATEGIC COMMUNICATIONS.6,042 6,042 

128 0102110F UH–1N REPLACEMENT PROGRAM ........................... 14,116 14,116 

129 0102326F REGION/SECTOR OPERATION CONTROL CENTER MODERNIZATION PROGRAM.

10,868 10,868 

130 0105921F SERVICE SUPPORT TO STRATCOM—SPACE ACTIVITIES.8,674 8,674 

131 0205219F MQ–9 UAV ....................................................................... 151,373 161,373 

Auto take-off and landing capability ...................... [10,000 ] 

133 0207131F A–10 SQUADRONS ......................................................... 14,853 14,853 

134 0207133F F–16 SQUADRONS ......................................................... 132,795 132,795 

135 0207134F F–15E SQUADRONS ...................................................... 356,717 356,717 

136 0207136F MANNED DESTRUCTIVE SUPPRESSION ................ 14,773 14,773 

137 0207138F F–22A SQUADRONS ...................................................... 387,564 379,464 

Improved GPS ........................................................... [–8,100 ] 

138 0207142F F–35 SQUADRONS ......................................................... 153,045 147,545 

Follow-on development—excess funds ..................... [–5,500 ] 

139 0207161F TACTICAL AIM MISSILES ........................................... 52,898 52,898 

140 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM).62,470 62,470 

143 0207227F COMBAT RESCUE—PARARESCUE ........................... 362 362 

144 0207247F AF TENCAP ..................................................................... 28,413 28,413 

145 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT .. 649 649 

146 0207253F COMPASS CALL ............................................................. 13,723 50,823 

Compass Call Program Restructure ........................ [37,100 ] 

147 0207268F AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM.109,859 109,859 

148 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE 

(JASSM).

30,002 30,002 

149 0207410F AIR & SPACE OPERATIONS CENTER (AOC) ........... 37,621 25,343 

Weapon system modification .................................... [–12,278 ] 

150 0207412F CONTROL AND REPORTING CENTER (CRC) .......... 13,292 13,292 

151 0207417F AIRBORNE WARNING AND CONTROL SYSTEM 

(AWACS).

86,644 86,644 

152 0207418F TACTICAL AIRBORNE CONTROL SYSTEMS ........... 2,442 2,442 

154 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES.10,911 15,911 

Geospatial software development ............................. [5,000 ] 

155 0207444F TACTICAL AIR CONTROL PARTY-MOD .................... 11,843 11,843 

156 0207448F C2ISR TACTICAL DATA LINK ..................................... 1,515 1,515 

157 0207452F DCAPES ........................................................................... 14,979 14,979 

158 0207590F SEEK EAGLE .................................................................. 25,308 25,308 

159 0207601F USAF MODELING AND SIMULATION ...................... 16,666 16,666 

160 0207605F WARGAMING AND SIMULATION CENTERS ........... 4,245 4,245 

161 0207697F DISTRIBUTED TRAINING AND EXERCISES ........... 3,886 3,886 

162 0208006F MISSION PLANNING SYSTEMS ................................. 71,785 71,785 

164 0208087F AF OFFENSIVE CYBERSPACE OPERATIONS ......... 25,025 25,025 

165 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS ......... 29,439 29,439 


srobinson on DSK5SPTVN1PROD with HEARING
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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

168 0301017F GLOBAL SENSOR INTEGRATED ON NETWORK 

(GSIN).

3,470 3,470 

169 0301112F NUCLEAR PLANNING AND EXECUTION SYSTEM 

(NPES).

4,060 4,060 

175 0301400F SPACE SUPERIORITY INTELLIGENCE .................... 13,880 13,880 

176 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC).30,948 30,948 

177 0303001F FAMILY OF ADVANCED BLOS TERMINALS (FABT).42,378 42,378 

178 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN).47,471 47,471 

179 0303140F INFORMATION SYSTEMS SECURITY PROGRAM .. 46,388 46,388 

180 0303141F GLOBAL COMBAT SUPPORT SYSTEM ..................... 52 52 

181 0303142F GLOBAL FORCE MANAGEMENT—DATA INITIATIVE.2,099 2,099 

184 0304260F AIRBORNE SIGINT ENTERPRISE ............................. 90,762 90,762 

187 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) ..... 4,354 4,354 

188 0305110F SATELLITE CONTROL NETWORK (SPACE) ............ 15,624 15,624 

189 0305111F WEATHER SERVICE ..................................................... 19,974 22,974 

Commercial Weather Pilot Program ....................... [3,000 ] 

190 0305114F AIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM (ATCALS).9,770 9,770 

191 0305116F AERIAL TARGETS ......................................................... 3,051 3,051 

194 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES ....... 405 405 

195 0305145F ARMS CONTROL IMPLEMENTATION ...................... 4,844 4,844 

196 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES.339 339 

199 0305173F SPACE AND MISSILE TEST AND EVALUATION 

CENTER.

3,989 3,989 

200 0305174F SPACE INNOVATION, INTEGRATION AND RAPID 

TECHNOLOGY DEVELOPMENT.

3,070 3,070 

201 0305179F INTEGRATED BROADCAST SERVICE (IBS) ............ 8,833 8,833 

202 0305182F SPACELIFT RANGE SYSTEM (SPACE) ..................... 11,867 11,867 

203 0305202F DRAGON U–2 .................................................................. 37,217 37,217 

205 0305206F AIRBORNE RECONNAISSANCE SYSTEMS .............. 3,841 18,841 

Wide area motion imagery ....................................... [15,000 ] 

206 0305207F MANNED RECONNAISSANCE SYSTEMS ................. 20,975 20,975 

207 0305208F DISTRIBUTED COMMON GROUND/SURFACE 

SYSTEMS.

18,902 18,902 

208 0305220F RQ–4 UAV ........................................................................ 256,307 256,307 

209 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING.22,610 22,610 

211 0305238F NATO AGS ....................................................................... 38,904 38,904 

212 0305240F SUPPORT TO DCGS ENTERPRISE ............................ 23,084 23,084 

213 0305258F ADVANCED EVALUATION PROGRAM ...................... 116,143 116,143 

214 0305265F GPS III SPACE SEGMENT ........................................... 141,888 141,888 

215 0305600F INTERNATIONAL INTELLIGENCE TECHNOLOGY 

AND ARCHITECTURES.

2,360 2,360 

216 0305614F JSPOC MISSION SYSTEM ........................................... 72,889 72,889 

217 0305881F RAPID CYBER ACQUISITION ..................................... 4,280 4,280 

218 0305906F NCMC—TW/AA SYSTEM ............................................. 4,951 4,951 

219 0305913F NUDET DETECTION SYSTEM (SPACE) .................... 21,093 21,093 

220 0305940F SPACE SITUATION AWARENESS OPERATIONS .... 35,002 35,002 

222 0308699F SHARED EARLY WARNING (SEW) ............................. 6,366 6,366 

223 0401115F C–130 AIRLIFT SQUADRON ........................................ 15,599 15,599 

224 0401119F C–5 AIRLIFT SQUADRONS (IF) .................................. 66,146 66,146 

225 0401130F C–17 AIRCRAFT (IF) ...................................................... 12,430 12,430 

226 0401132F C–130J PROGRAM ......................................................... 16,776 16,776 

227 0401134F LARGE AIRCRAFT IR COUNTERMEASURES 

(LAIRCM).

5,166 5,166 

229 0401314F OPERATIONAL SUPPORT AIRLIFT ........................... 13,817 13,817 

230 0401318F CV–22 ............................................................................... 16,702 16,702 

231 0408011F SPECIAL TACTICS / COMBAT CONTROL ............... 7,164 7,164 

232 0702207F DEPOT MAINTENANCE (NON-IF) .............................. 1,518 1,518 

233 0708610F LOGISTICS INFORMATION TECHNOLOGY 

(LOGIT).

61,676 61,676 

234 0708611F SUPPORT SYSTEMS DEVELOPMENT ...................... 9,128 9,128 

235 0804743F OTHER FLIGHT TRAINING ......................................... 1,653 1,653 

236 0808716F OTHER PERSONNEL ACTIVITIES ............................. 57 57 

237 0901202F JOINT PERSONNEL RECOVERY AGENCY .............. 3,663 3,663 

238 0901218F CIVILIAN COMPENSATION PROGRAM .................... 3,735 3,735 

239 0901220F PERSONNEL ADMINISTRATION ............................... 5,157 5,157 

240 0901226F AIR FORCE STUDIES AND ANALYSIS AGENCY .... 1,523 1,523 


srobinson on DSK5SPTVN1PROD with HEARING
851 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

242 0901538F FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT.10,581 10,581 

242A 9999999999 CLASSIFIED PROGRAMS ............................................ 13,091,557 13,091,557 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.17,457,056 17,501,278 

TOTAL RESEARCH, DEVELOPMENT, 

TEST & EVAL, AF.

28,112,251 28,057,601 

RESEARCH, DEVELOPMENT, TEST & EVAL, 

DW 

BASIC RESEARCH 

001 0601000BR DTRA BASIC RESEARCH INITIATIVE ...................... 35,436 35,436 

002 0601101E DEFENSE RESEARCH SCIENCES ............................. 362,297 362,297 

003 0601110D8Z BASIC RESEARCH INITIATIVES ............................... 36,654 36,654 

004 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 

SCIENCE.

57,791 57,791 

005 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM ...... 69,345 79,345 

K–12 STEM program increase ................................ [10,000 ] 

006 0601228D8Z HISTORICALLY BLACK COLLEGES AND UNIVERSITIES/MINORITY INSTITUTIONS.23,572 33,572 

Program increase ...................................................... [10,000 ] 

007 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM.44,800 44,800 

SUBTOTAL BASIC RESEARCH ............................ 629,895 649,895 

APPLIED RESEARCH 

008 0602000D8Z JOINT MUNITIONS TECHNOLOGY .......................... 17,745 17,745 

009 0602115E BIOMEDICAL TECHNOLOGY ...................................... 115,213 115,213 

010 0602230D8Z DEFENSE TECHNOLOGY INNOVATION .................. 30,000 0 

Program decrease ..................................................... [–30,000 ] 

011 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM ... 48,269 48,269 

012 0602251D8Z APPLIED RESEARCH FOR THE ADVANCEMENT 

OF S&T PRIORITIES.

42,206 42,206 

013 0602303E INFORMATION & COMMUNICATIONS TECHNOLOGY.353,635 353,635 

014 0602383E BIOLOGICAL WARFARE DEFENSE ........................... 21,250 21,250 

015 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM.188,715 188,715 

016 0602668D8Z CYBER SECURITY RESEARCH .................................. 12,183 12,183 

017 0602702E TACTICAL TECHNOLOGY ........................................... 313,843 313,843 

018 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY ..... 220,456 214,456 

Program reduction .................................................... [–6,000 ] 

019 0602716E ELECTRONICS TECHNOLOGY ................................... 221,911 221,911 

020 0602718BR WEAPONS OF MASS DESTRUCTION DEFEAT 

TECHNOLOGIES.

154,857 154,857 

021 0602751D8Z SOFTWARE ENGINEERING INSTITUTE (SEI) APPLIED RESEARCH.8,420 8,420 

022 1160401BB SOF TECHNOLOGY DEVELOPMENT ........................ 37,820 37,820 

SUBTOTAL APPLIED RESEARCH ....................... 1,786,523 1,750,523 

ADVANCED TECHNOLOGY DEVELOPMENT 

023 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY .... 23,902 23,902 

025 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT.73,002 73,002 

026 0603133D8Z FOREIGN COMPARATIVE TESTING ......................... 19,343 29,343 

Anti-tunnel defense systems ..................................... [10,000 ] 

027 0603160BR COUNTERPROLIFERATION INITIATIVES—PROLIFERATION PREVENTION AND DEFEAT.266,444 266,444 

028 0603176C ADVANCED CONCEPTS AND PERFORMANCE ASSESSMENT.17,880 17,880 

030 0603178C WEAPONS TECHNOLOGY ........................................... 71,843 71,843 

031 0603179C ADVANCED C4ISR ......................................................... 3,626 3,626 

032 0603180C ADVANCED RESEARCH ............................................... 23,433 23,433 

033 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT.17,256 17,256 

035 0603274C SPECIAL PROGRAM—MDA TECHNOLOGY ............. 83,745 11,795 

Program reduction .................................................... [–71,950 ] 

036 0603286E ADVANCED AEROSPACE SYSTEMS ......................... 182,327 182,327 

037 0603287E SPACE PROGRAMS AND TECHNOLOGY ................. 175,240 165,240 

Program reduction .................................................... [–10,000 ] 

038 0603288D8Z ANALYTIC ASSESSMENTS ......................................... 12,048 12,048 


srobinson on DSK5SPTVN1PROD with HEARING
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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

039 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS.57,020 57,020 

041 0603375D8Z TECHNOLOGY INNOVATION ..................................... 39,923 19,923 

Program decrease ..................................................... [–20,000 ] 

042 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT.127,941 127,941 

043 0603527D8Z RETRACT LARCH .......................................................... 181,977 181,977 

044 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY .. 22,030 22,030 

045 0603648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS.148,184 132,184 

Program decrease ..................................................... [–16,000 ] 

046 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES 9,331 9,331 

047 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE 

AND TECHNOLOGY PROGRAM.

158,398 158,398 

048 0603680S MANUFACTURING TECHNOLOGY PROGRAM ....... 31,259 31,259 

049 0603699D8Z EMERGING CAPABILITIES TECHNOLOGY DEVELOPMENT.49,895 49,895 

050 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS.11,011 11,011 

052 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM.65,078 65,078 

053 0603720S MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT.97,826 97,826 

054 0603727D8Z JOINT WARFIGHTING PROGRAM ............................. 7,848 5,348 

Prior year carryover .................................................. [–2,500 ] 

055 0603739E ADVANCED ELECTRONICS TECHNOLOGIES ........ 49,807 49,807 

056 0603760E COMMAND, CONTROL AND COMMUNICATIONS 

SYSTEMS.

155,081 155,081 

057 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY .... 428,894 428,894 

058 0603767E SENSOR TECHNOLOGY .............................................. 241,288 241,288 

060 0603781D8Z SOFTWARE ENGINEERING INSTITUTE .................. 14,264 14,264 

061 0603826D8Z QUICK REACTION SPECIAL PROJECTS .................. 74,943 72,943 

QRSP ......................................................................... [–2,000 ] 

063 0603833D8Z ENGINEERING SCIENCE & TECHNOLOGY ............ 17,659 17,659 

064 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY 87,135 87,135 

065 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT.37,329 41,329 

Competitive technology investment .......................... [4,000 ] 

066 0303310D8Z CWMD SYSTEMS ........................................................... 44,836 21,236 

Constellation program reduction ............................. [–23,600 ] 

067 1160402BB SOF ADVANCED TECHNOLOGY DEVELOPMENT 61,620 61,620 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.3,190,666 3,058,616 

ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES 

ADVANCED COMPONENT DEVELOPMENT AND 

PROTOTYPES 

068 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E ADC&P.28,498 28,498 

069 0603600D8Z WALKOFF ........................................................................ 89,643 89,643 

071 0603821D8Z ACQUISITION ENTERPRISE DATA & INFORMATION SERVICES.2,136 2,136 

072 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM.52,491 52,491 

073 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT.206,834 206,834 

074 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT.862,080 862,080 

075 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/VAL.138,187 138,187 

076 0603884C BALLISTIC MISSILE DEFENSE SENSORS .............. 230,077 230,077 

077 0603890C BMD ENABLING PROGRAMS ..................................... 401,594 401,594 

078 0603891C SPECIAL PROGRAMS—MDA ....................................... 321,607 304,707 

Program reduction .................................................... [–16,900 ] 

079 0603892C AEGIS BMD ..................................................................... 959,066 939,066 

SM–3 IIA development excess growth ..................... [–20,000 ] 

080 0603893C SPACE TRACKING & SURVEILLANCE SYSTEM .... 32,129 32,129 

081 0603895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE 

PROGRAMS.

20,690 20,690 

082 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND 

CONTROL, BATTLE MANAGEMENT AND 

COMMUNICATI.

439,617 443,517 


srobinson on DSK5SPTVN1PROD with HEARING
853 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

Post Intercept Assessment Acceleration ................... [3,900 ] 

083 0603898C BALLISTIC MISSILE DEFENSE JOINT 

WARFIGHTER SUPPORT.

47,776 47,776 

084 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS CENTER (MDIOC).54,750 54,750 

085 0603906C REGARDING TRENCH .................................................. 8,785 8,785 

086 0603907C SEA BASED X-BAND RADAR (SBX) ........................... 68,787 68,787 

087 0603913C ISRAELI COOPERATIVE PROGRAMS ....................... 103,835 268,735 

Increase for Cooperative Development Programs 

subject to Title XVI.

[164,900 ] 

088 0603914C BALLISTIC MISSILE DEFENSE TEST ...................... 293,441 293,441 

089 0603915C BALLISTIC MISSILE DEFENSE TARGETS .............. 563,576 563,576 

090 0603920D8Z HUMANITARIAN DEMINING ...................................... 10,007 10,007 

091 0603923D8Z COALITION WARFARE ................................................. 10,126 10,126 

092 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM.3,893 8,893 

Corrosion prevention ................................................ [5,000 ] 

093 0604115C TECHNOLOGY MATURATION INITIATIVES ........... 90,266 90,266 

094 0604132D8Z MISSILE DEFEAT PROJECT ....................................... 45,000 45,000 

095 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES ........... 844,870 829,870 

SCO ........................................................................... [–15,000 ] 

097 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED 

SYSTEM COMMON DEVELOPMENT.

3,320 3,320 

099 0604682D8Z WARGAMING AND SUPPORT FOR STRATEGIC 

ANALYSIS (SSA).

4,000 4,000 

102 0604826J JOINT C5 CAPABILITY DEVELOPMENT, INTEGRATION AND INTEROPERABILITY ASSESSMENTS.

23,642 23,642 

104 0604873C LONG RANGE DISCRIMINATION RADAR (LRDR) .. 162,012 162,012 

105 0604874C IMPROVED HOMELAND DEFENSE INTERCEPTORS.274,148 274,148 

106 0604876C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT TEST.63,444 63,444 

107 0604878C AEGIS BMD TEST ......................................................... 95,012 95,012 

108 0604879C BALLISTIC MISSILE DEFENSE SENSOR TEST ..... 83,250 83,250 

109 0604880C LAND-BASED SM–3 (LBSM3) ...................................... 43,293 43,293 

110 0604881C AEGIS SM–3 BLOCK IIA CO-DEVELOPMENT ......... 106,038 106,038 

111 0604887C BALLISTIC MISSILE DEFENSE MIDCOURSE 

SEGMENT TEST.

56,481 56,481 

112 0604894C MULTI-OBJECT KILL VEHICLE ................................. 71,513 71,513 

114 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY (JET) 

PROGRAM.

2,636 2,636 

115 0305103C CYBER SECURITY INITIATIVE .................................. 969 969 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES.6,919,519 7,041,419 

115A 0604XXXD WEATHER SYSTEM FOLLOW-ON .............................. 5,000 

Transfer Cloud Characterization and Theater 

Weather Imagery from USAF.

[5,000 ] 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.0 5,000 

SYSTEM DEVELOPMENT AND DEMONSTRATION 

116 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E SDD.10,324 10,324 

117 0604165D8Z PROMPT GLOBAL STRIKE CAPABILITY DEVELOPMENT.

181,303 181,303 

118 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD.266,231 266,231 

120 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBUTION 

SYSTEM (JTIDS).

16,288 16,288 

121 0605000BR WEAPONS OF MASS DESTRUCTION DEFEAT CAPABILITIES.4,568 4,568 

122 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT .... 11,505 11,505 

123 0605021SE HOMELAND PERSONNEL SECURITY INITIATIVE 1,658 1,658 

124 0605022D8Z DEFENSE EXPORTABILITY PROGRAM ................... 2,920 2,920 

126 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT 

AND DEMONSTRATION.

12,631 12,631 

128 0605080S DEFENSE AGENCY INTIATIVES (DAI)—FINANCIAL SYSTEM.26,657 26,657 

129 0605090S DEFENSE RETIRED AND ANNUITANT PAY SYSTEM (DRAS).4,949 4,949 

130 0605140D8Z TRUSTED FOUNDRY .................................................... 69,000 69,000 


srobinson on DSK5SPTVN1PROD with HEARING
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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

131 0605210D8Z DEFENSE-WIDE ELECTRONIC PROCUREMENT 

CAPABILITIES.

9,881 9,881 

132 0303141K GLOBAL COMBAT SUPPORT SYSTEM ..................... 7,600 7,600 

133 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION MANAGEMENT (EEIM).2,703 2,703 

SUBTOTAL SYSTEM DEVELOPMENT AND 

DEMONSTRATION.

628,218 628,218 

MANAGEMENT SUPPORT 

134 0604774D8Z DEFENSE READINESS REPORTING SYSTEM 

(DRRS).

4,678 4,678 

135 0604875D8Z JOINT SYSTEMS ARCHITECTURE DEVELOPMENT.4,499 4,499 

136 0604940D8Z CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT (CTEIP).219,199 219,199 

137 0604942D8Z ASSESSMENTS AND EVALUATIONS ........................ 28,706 28,706 

138 0605001E MISSION SUPPORT ...................................................... 69,244 69,244 

139 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPABILITY (JMETC).87,080 67,080 

Prior year carryover and minimize growth ............ [–20,000 ] 

140 0605104D8Z TECHNICAL STUDIES, SUPPORT AND ANALYSIS 23,069 23,069 

142 0605126J JOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION (JIAMDO).32,759 32,759 

144 0605142D8Z SYSTEMS ENGINEERING ........................................... 32,429 32,429 

145 0605151D8Z STUDIES AND ANALYSIS SUPPORT—OSD ............. 3,797 3,797 

146 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY ........... 5,302 5,302 

147 0605170D8Z SUPPORT TO NETWORKS AND INFORMATION 

INTEGRATION.

7,246 7,246 

148 0605200D8Z GENERAL SUPPORT TO USD (INTELLIGENCE) .... 1,874 1,874 

149 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM.85,754 85,754 

158 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH 

(SBIR)/ SMALL BUSINESS TECHNOLOGY 

TRANSFER.

2,187 2,187 

159 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS ........................ 22,650 22,650 

160 0605801KA DEFENSE TECHNICAL INFORMATION CENTER 

(DTIC).

43,834 43,834 

161 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TESTING AND EVALUATION.22,240 22,240 

162 0605804D8Z DEVELOPMENT TEST AND EVALUATION .............. 19,541 23,541 

Program increase ...................................................... [4,000 ] 

163 0605898E MANAGEMENT HQ—R&D ........................................... 4,759 4,759 

164 0605998KA MANAGEMENT HQ—DEFENSE TECHNICAL INFORMATION CENTER (DTIC).4,400 4,400 

165 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS .............. 4,014 4,014 

166 0203345D8Z DEFENSE OPERATIONS SECURITY INITIATIVE 

(DOSI).

2,072 2,072 

167 0204571J JOINT STAFF ANALYTICAL SUPPORT .................... 7,464 7,464 

170 0303166J SUPPORT TO INFORMATION OPERATIONS (IO) 

CAPABILITIES.

857 857 

171 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM OFFICE (DMDPO).916 916 

172 0305172K COMBINED ADVANCED APPLICATIONS ................. 15,336 15,336 

173 0305193D8Z CYBER INTELLIGENCE ............................................... 18,523 13,523 

Program decrease ..................................................... [–5,000 ] 

175 0804767D8Z COCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION (CE2T2)—MHA.34,384 34,384 

176 0901598C MANAGEMENT HQ—MDA ........................................... 31,160 31,160 

179 0903235D8W JOINT SERVICE PROVIDER (JSP) ............................. 827 827 

180A 9999999999 CLASSIFIED PROGRAMS ............................................ 56,799 56,799 

SUBTOTAL MANAGEMENT SUPPORT .............. 897,599 876,599 

OPERATIONAL SYSTEM DEVELOPMENT 

181 0604130V ENTERPRISE SECURITY SYSTEM (ESS) ................. 4,241 4,241 

182 0605127T REGIONAL INTERNATIONAL OUTREACH (RIO) 

AND PARTNERSHIP FOR PEACE INFORMATION MANA.

1,424 1,424 

183 0605147T OVERSEAS HUMANITARIAN ASSISTANCE 

SHARED INFORMATION SYSTEM (OHASIS).

287 287 

184 0607210D8Z INDUSTRIAL BASE ANALYSIS AND 

SUSTAINMENT SUPPORT.

16,195 16,195 

185 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS DEVELOPMENT.4,194 4,194 


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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

186 0607327T GLOBAL THEATER SECURITY COOPERATION 

MANAGEMENT INFORMATION SYSTEMS (GTSCMIS).

7,861 7,861 

187 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYSTEMS DEVELOPMENT).33,361 33,361 

189 0208043J PLANNING AND DECISION AID SYSTEM (PDAS) .. 3,038 3,038 

190 0208045K C4I INTEROPERABILITY ............................................. 57,501 57,501 

192 0301144K JOINT/ALLIED COALITION INFORMATION 

SHARING.

5,935 5,935 

196 0302016K NATIONAL MILITARY COMMAND SYSTEM-WIDE 

SUPPORT.

575 575 

197 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION.18,041 18,041 

198 0303126K LONG-HAUL COMMUNICATIONS—DCS .................. 13,994 13,994 

199 0303131K MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN).12,206 12,206 

200 0303135G PUBLIC KEY INFRASTRUCTURE (PKI) .................... 34,314 34,314 

201 0303136G KEY MANAGEMENT INFRASTRUCTURE (KMI) ..... 36,602 36,602 

202 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM .. 8,876 8,876 

203 0303140G INFORMATION SYSTEMS SECURITY PROGRAM .. 159,068 161,068 

SHARKSEER Program Increase ............................. [2,000 ] 

204 0303150K GLOBAL COMMAND AND CONTROL SYSTEM ....... 24,438 24,438 

205 0303153K DEFENSE SPECTRUM ORGANIZATION .................. 13,197 13,197 

207 0303228K JOINT INFORMATION ENVIRONMENT (JIE) ......... 2,789 2,789 

209 0303430K FEDERAL INVESTIGATIVE SERVICES INFORMATION TECHNOLOGY.75,000 75,000 

210 0303610K TELEPORT PROGRAM ................................................. 657 657 

215 0305103K CYBER SECURITY INITIATIVE .................................. 1,553 1,553 

220 0305186D8Z POLICY R&D PROGRAMS ............................................ 6,204 4,204 

Program decrease ..................................................... [–2,000 ] 

221 0305199D8Z NET CENTRICITY ......................................................... 17,971 17,971 

223 0305208BB DISTRIBUTED COMMON GROUND/SURFACE 

SYSTEMS.

5,415 5,415 

226 0305208K DISTRIBUTED COMMON GROUND/SURFACE 

SYSTEMS.

3,030 3,030 

229 0305327V INSIDER THREAT ......................................................... 5,034 5,034 

230 0305387D8Z HOMELAND DEFENSE TECHNOLOGY TRANSFER 

PROGRAM.

2,037 2,037 

236 0307577D8Z INTELLIGENCE MISSION DATA (IMD) .................... 13,800 13,800 

238 0708012S PACIFIC DISASTER CENTERS ................................... 1,754 1,754 

239 0708047S DEFENSE PROPERTY ACCOUNTABILITY SYSTEM.2,154 2,154 

240 0902298J MANAGEMENT HQ—OJCS .......................................... 826 826 

241 1105219BB MQ–9 UAV ....................................................................... 17,804 17,804 

244 1160403BB AVIATION SYSTEMS .................................................... 159,143 159,143 

245 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT ........... 7,958 7,958 

246 1160408BB OPERATIONAL ENHANCEMENTS ............................. 64,895 64,895 

247 1160431BB WARRIOR SYSTEMS ..................................................... 44,885 44,885 

248 1160432BB SPECIAL PROGRAMS ................................................... 1,949 1,949 

249 1160434BB UNMANNED ISR ............................................................ 22,117 22,117 

250 1160480BB SOF TACTICAL VEHICLES .......................................... 3,316 3,316 

251 1160483BB MARITIME SYSTEMS ................................................... 54,577 54,577 

252 1160489BB GLOBAL VIDEO SURVEILLANCE ACTIVITIES ....... 3,841 3,841 

253 1160490BB OPERATIONAL ENHANCEMENTS INTELLIGENCE.11,834 11,834 

253A 9999999999 CLASSIFIED PROGRAMS ............................................ 3,270,515 3,270,515 

SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT.4,256,406 4,256,406 

TOTAL RESEARCH, DEVELOPMENT, 

TEST & EVAL, DW.

18,308,826 18,266,676 

OPERATIONAL TEST & EVAL, DEFENSE 

MANAGEMENT SUPPORT 

001 0605118OTE OPERATIONAL TEST AND EVALUATION ................ 78,047 78,047 

002 0605131OTE LIVE FIRE TEST AND EVALUATION ........................ 48,316 48,316 

003 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES.52,631 52,631 

SUBTOTAL MANAGEMENT SUPPORT .............. 178,994 178,994 

TOTAL OPERATIONAL TEST & EVAL, DEFENSE.178,994 178,994 


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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

TOTAL RDT&E ................................................... 71,391,771 71,110,624 

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR 

OVERSEAS CONTINGENCY OPERATIONS. 

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS 

CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES 

055 0603308A ARMY SPACE SYSTEMS INTEGRATION .................. 9,375 9,375 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.9,375 9,375 

SYSTEM DEVELOPMENT & DEMONSTRATION 

091 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV.78,700 78,700 

114 0605032A TRACTOR TIRE .............................................................. 10,000 10,000 

117 0605035A COMMON INFRARED COUNTERMEASURES 

(CIRCM).

10,900 10,900 

119 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT ........... 50,500 50,500 

122 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT ......... 73,110 73,110 

SUBTOTAL SYSTEM DEVELOPMENT & 

DEMONSTRATION.

223,210 223,210 

OPERATIONAL SYSTEMS DEVELOPMENT 

208 0307665A BIOMETRICS ENABLED INTELLIGENCE ................ 7,104 7,104 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.7,104 7,104 

TOTAL RESEARCH, DEVELOPMENT, 

TEST & EVAL, ARMY.

239,689 239,689 

ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES 

038 0603527N RETRACT LARCH .......................................................... 3,907 3,907 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.3,907 3,907 

OPERATIONAL SYSTEMS DEVELOPMENT 

245A 9999999999 CLASSIFIED PROGRAMS ............................................ 36,426 36,426 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.36,426 36,426 

TOTAL RESEARCH, DEVELOPMENT, 

TEST & EVAL, NAVY.

40,333 40,333 

SYSTEM DEVELOPMENT & DEMONSTRATION 

058 0604421F COUNTERSPACE SYSTEMS ....................................... 425 425 

SUBTOTAL SYSTEM DEVELOPMENT & 

DEMONSTRATION.

425 425 

OPERATIONAL SYSTEMS DEVELOPMENT 

200 0305174F SPACE INNOVATION, INTEGRATION AND RAPID 

TECHNOLOGY DEVELOPMENT.

4,715 4,715 

242A 9999999999 CLASSIFIED PROGRAMS ............................................ 27,765 27,765 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.32,480 32,480 

TOTAL RESEARCH, DEVELOPMENT, 

TEST & EVAL, AF.

32,905 32,905 

OPERATIONAL SYSTEM DEVELOPMENT 

253A 9999999999 CLASSIFIED PROGRAMS ............................................ 165,419 165,419 

SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT.165,419 165,419 


srobinson on DSK5SPTVN1PROD with HEARING
857 

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS 

CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

TOTAL RESEARCH, DEVELOPMENT, 

TEST & EVAL, DW.

165,419 165,419 

TOTAL RDT&E ................................................... 478,346 478,346 

SEC. 4203. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR 

OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS. 

SEC. 4203. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS 

CONTINGENCY OPERATIONS FOR BASE OPERATIONS 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY 

SYSTEM DEVELOPMENT & DEMONSTRATION 

090 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV ........... 33 33 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.33 33 

TOTAL RESEARCH, DEVELOPMENT, TEST & 

EVAL, ARMY.

33 33 

RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

078 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM).37,990 37,990 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.37,990 37,990 

TOTAL RESEARCH, DEVELOPMENT, TEST & 

EVAL, NAVY.

37,990 37,990 

TOTAL RDT&E ......................................................... 38,023 38,023 

TITLE XLIII—OPERATION AND MAINTENANCE 

SEC. 4301. OPERATION AND MAINTENANCE. 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

OPERATION & MAINTENANCE, ARMY 

OPERATING FORCES 

010 MANEUVER UNITS .................................................................................... 791,450 841,450 

Home station training unfunded requirement .................................... [50,000 ] 

020 MODULAR SUPPORT BRIGADES ........................................................... 68,373 68,373 

030 ECHELONS ABOVE BRIGADE ................................................................. 438,823 438,823 

040 THEATER LEVEL ASSETS ....................................................................... 660,258 660,258 

050 LAND FORCES OPERATIONS SUPPORT .............................................. 863,928 863,928 

060 AVIATION ASSETS .................................................................................... 1,360,597 1,461,097 

Eleventh CAB ........................................................................................ [32,500 ] 

Flying hour program unfunded requirement ...................................... [68,000 ] 

070 FORCE READINESS OPERATIONS SUPPORT ..................................... 3,086,443 3,086,443 

080 LAND FORCES SYSTEMS READINESS ................................................. 439,488 439,488 

090 LAND FORCES DEPOT MAINTENANCE ............................................... 1,013,452 1,032,852 

Depot maintenance unfunded requirement .......................................... [19,400 ] 

100 BASE OPERATIONS SUPPORT ............................................................... 7,816,343 7,838,443 

Eleventh CAB Support .......................................................................... [22,100 ] 

110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 2,234,546 2,319,946 

Restore Sustainment shortfalls ............................................................ [85,400 ] 

120 MANAGEMENT AND OPERATIONAL HEADQUARTERS ................... 452,105 452,105 

130 COMBATANT COMMANDERS CORE OPERATIONS ........................... 155,658 155,658 


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SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

170 COMBATANT COMMANDS DIRECT MISSION SUPPORT .................. 441,143 441,143 

SUBTOTAL OPERATING FORCES ................................................ 19,822,607 20,100,007 

MOBILIZATION 

180 STRATEGIC MOBILITY ............................................................................. 336,329 336,329 

190 ARMY PREPOSITIONED STOCKS ........................................................... 390,848 415,848 

Program increase ................................................................................... [25,000 ] 

200 INDUSTRIAL PREPAREDNESS ............................................................... 7,401 7,401 

SUBTOTAL MOBILIZATION ........................................................... 734,578 759,578 

TRAINING AND RECRUITING 

210 OFFICER ACQUISITION ........................................................................... 131,942 131,942 

220 RECRUIT TRAINING ................................................................................. 47,846 47,846 

230 ONE STATION UNIT TRAINING ............................................................. 45,419 45,419 

240 SENIOR RESERVE OFFICERS TRAINING CORPS .............................. 482,747 482,747 

250 SPECIALIZED SKILL TRAINING ............................................................ 921,025 927,525 

Defense Foreign Language Program .................................................... [6,500 ] 

260 FLIGHT TRAINING .................................................................................... 902,845 945,779 

Graduate pilot training unfunded requirement .................................. [5,405 ] 

School Air OPTEMPO unfunded requirement .................................... [31,125 ] 

Train full ARPINT load of 990 ............................................................ [6,404 ] 

270 PROFESSIONAL DEVELOPMENT EDUCATION .................................. 216,583 248,183 

Military Training and PME ................................................................. [31,600 ] 

280 TRAINING SUPPORT ................................................................................. 607,534 607,534 

290 RECRUITING AND ADVERTISING ......................................................... 550,599 525,599 

Unjustified program growth ................................................................. [–25,000 ] 

300 EXAMINING ................................................................................................ 187,263 187,263 

310 OFF-DUTY AND VOLUNTARY EDUCATION ......................................... 189,556 189,556 

320 CIVILIAN EDUCATION AND TRAINING ............................................... 182,835 182,835 

330 JUNIOR RESERVE OFFICER TRAINING CORPS ................................ 171,167 171,167 

SUBTOTAL TRAINING AND RECRUITING ................................ 4,637,361 4,693,395 

ADMIN & SRVWIDE ACTIVITIES 

350 SERVICEWIDE TRANSPORTATION ....................................................... 230,739 295,739 

Restore cricital shortfalls ...................................................................... [65,000 ] 

360 CENTRAL SUPPLY ACTIVITIES .............................................................. 850,060 850,060 

370 LOGISTIC SUPPORT ACTIVITIES .......................................................... 778,757 778,757 

380 AMMUNITION MANAGEMENT ............................................................... 370,010 370,010 

390 ADMINISTRATION ..................................................................................... 451,556 451,556 

400 SERVICEWIDE COMMUNICATIONS ...................................................... 1,888,123 1,888,123 

410 MANPOWER MANAGEMENT ................................................................... 276,403 276,403 

420 OTHER PERSONNEL SUPPORT ............................................................. 369,443 369,443 

430 OTHER SERVICE SUPPORT .................................................................... 1,096,074 1,096,074 

440 ARMY CLAIMS ACTIVITIES ..................................................................... 207,800 207,800 

450 REAL ESTATE MANAGEMENT ............................................................... 240,641 240,641 

460 FINANCIAL MANAGEMENT AND AUDIT READINESS ...................... 250,612 250,612 

470 INTERNATIONAL MILITARY HEADQUARTERS .................................. 416,587 416,587 

480 MISC. SUPPORT OF OTHER NATIONS ................................................. 36,666 36,666 

530 CLASSIFIED PROGRAMS ......................................................................... 1,151,023 1,151,023 

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES ........................... 8,614,494 8,679,494 

UNDISTRIBUTED 

540 UNDISTRIBUTED ....................................................................................... –400,200 

Excessive standard price for fuel .......................................................... [–56,100 ] 

Foreign Currency adjustments ............................................................. [–194,100 ] 

Working Capital Fund Carryover Above Allowable Ceiling ............... [–150,000 ] 

SUBTOTAL UNDISTRIBUTED ....................................................... –400,200 

TOTAL OPERATION & MAINTENANCE, ARMY .................... 33,809,040 33,832,274 

OPERATION & MAINTENANCE, ARMY RES 

OPERATING FORCES 

010 MODULAR SUPPORT BRIGADES ........................................................... 11,435 11,435 

020 ECHELONS ABOVE BRIGADE ................................................................. 491,772 511,772 

Home station training unfunded requirement .................................... [20,000 ] 

030 THEATER LEVEL ASSETS ....................................................................... 116,163 116,163 

040 LAND FORCES OPERATIONS SUPPORT .............................................. 563,524 563,524 

050 AVIATION ASSETS .................................................................................... 91,162 91,162 

060 FORCE READINESS OPERATIONS SUPPORT ..................................... 347,459 347,659 

Defense Language Program .................................................................. [200 ] 

070 LAND FORCES SYSTEMS READINESS ................................................. 101,926 101,926 

080 LAND FORCES DEPOT MAINTENANCE ............................................... 56,219 56,219 

090 BASE OPERATIONS SUPPORT ............................................................... 573,843 573,843 


srobinson on DSK5SPTVN1PROD with HEARING
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SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 214,955 223,055 

Restore Sustainment shortfalls ............................................................ [8,100 ] 

110 MANAGEMENT AND OPERATIONAL HEADQUARTERS ................... 37,620 37,620 

SUBTOTAL OPERATING FORCES ................................................ 2,606,078 2,634,378 

ADMIN & SRVWD ACTIVITIES 

120 SERVICEWIDE TRANSPORTATION ....................................................... 11,027 11,027 

130 ADMINISTRATION ..................................................................................... 16,749 16,749 

140 SERVICEWIDE COMMUNICATIONS ...................................................... 17,825 17,825 

150 MANPOWER MANAGEMENT ................................................................... 6,177 6,177 

160 RECRUITING AND ADVERTISING ......................................................... 54,475 54,475 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ............................... 106,253 106,253 

UNDISTRIBUTED 

180 UNDISTRIBUTED ....................................................................................... –6,800 

Excessive standard price for fuel .......................................................... [–6,800 ] 

SUBTOTAL UNDISTRIBUTED ....................................................... –6,800 

TOTAL OPERATION & MAINTENANCE, ARMY RES ........... 2,712,331 2,733,831 

OPERATION & MAINTENANCE, ARNG 

OPERATING FORCES 

010 MANEUVER UNITS .................................................................................... 708,251 758,251 

Home station training unfunded requirement .................................... [50,000 ] 

020 MODULAR SUPPORT BRIGADES ........................................................... 197,251 197,251 

030 ECHELONS ABOVE BRIGADE ................................................................. 792,271 792,271 

040 THEATER LEVEL ASSETS ....................................................................... 80,341 80,341 

050 LAND FORCES OPERATIONS SUPPORT .............................................. 37,138 37,138 

060 AVIATION ASSETS .................................................................................... 887,625 884,825 

Unjustified program growth ................................................................. [–2,800 ] 

070 FORCE READINESS OPERATIONS SUPPORT ..................................... 696,267 690,152 

Defense Language Program .................................................................. [200 ] 

Unjustified program growth ................................................................. [–6,315 ] 

080 LAND FORCES SYSTEMS READINESS ................................................. 61,240 61,240 

090 LAND FORCES DEPOT MAINTENANCE ............................................... 219,948 219,948 

100 BASE OPERATIONS SUPPORT ............................................................... 1,040,012 1,040,012 

110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 676,715 691,115 

Restore Sustainment shortfalls ............................................................ [14,400 ] 

120 MANAGEMENT AND OPERATIONAL HEADQUARTERS ................... 1,021,144 1,021,144 

SUBTOTAL OPERATING FORCES ................................................ 6,418,203 6,473,688 

ADMIN & SRVWD ACTIVITIES 

130 SERVICEWIDE TRANSPORTATION ....................................................... 6,396 6,396 

140 ADMINISTRATION ..................................................................................... 68,528 69,678 

State Partnership Program ................................................................... [1,150 ] 

150 SERVICEWIDE COMMUNICATIONS ...................................................... 76,524 76,524 

160 MANPOWER MANAGEMENT ................................................................... 7,712 7,712 

170 OTHER PERSONNEL SUPPORT ............................................................. 245,046 245,046 

180 REAL ESTATE MANAGEMENT ............................................................... 2,961 2,961 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ............................... 407,167 408,317 

UNDISTRIBUTED 

190 UNDISTRIBUTED ....................................................................................... –29,000 

Excessive standard price for fuel .......................................................... [–29,000 ] 

SUBTOTAL UNDISTRIBUTED ....................................................... –29,000 

TOTAL OPERATION & MAINTENANCE, ARNG .................... 6,825,370 6,853,005 

OPERATION & MAINTENANCE, NAVY 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS .................................... 4,094,765 4,094,765 

020 FLEET AIR TRAINING .............................................................................. 1,722,473 1,722,473 

030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES ........... 52,670 52,670 

040 AIR OPERATIONS AND SAFETY SUPPORT ......................................... 97,584 97,584 

050 AIR SYSTEMS SUPPORT .......................................................................... 446,733 453,233 

Marine Corps unfunded requirement—accelerate readiness - H–1 .... [5,300 ] 

Marine Corps unfunded requirement—accelerate readiness - MV– 

22B ...................................................................................................... [1,200 ] 

060 AIRCRAFT DEPOT MAINTENANCE ....................................................... 1,007,681 1,071,681 

AC Depot maintenance unfunded requirement ................................... [34,000 ] 

Navy unfunded requirement—Improve Afloat Readiness .................. [30,000 ] 

070 AIRCRAFT DEPOT OPERATIONS SUPPORT ........................................ 38,248 38,248 

080 AVIATION LOGISTICS .............................................................................. 564,720 598,220 


srobinson on DSK5SPTVN1PROD with HEARING
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SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

E–6B and F–35 sustainment unfunded requirement .......................... [16,000 ] 

Marine Corps unfunded requirement—accelerate readiness - KC– 

130J .................................................................................................... [6,800 ] 

Marine Corps unfunded requirement—accelerate readiness - MV– 

22B ...................................................................................................... [10,700 ] 

090 MISSION AND OTHER SHIP OPERATIONS ......................................... 3,513,083 3,861,283 

Cruiser Modernization .......................................................................... [90,200 ] 

Navy unfunded requirement—Improve Afloat Readiness .................. [158,000 ] 

Navy unfunded requirement—Restore 3 CG Deployments ................. [41,000 ] 

Navy unfunded requirement—Reverse PONCE (LPD–15) Inactivation ...................................................................................................... [59,000 ] 

100 SHIP OPERATIONS SUPPORT & TRAINING ........................................ 743,765 763,465 

Navy unfunded requirement—Restore Fleet Training ........................ [19,700 ] 

110 SHIP DEPOT MAINTENANCE ................................................................. 5,168,273 5,486,873 

Cruiser Modernization .......................................................................... [71,100 ] 

Navy unfunded requirement—Ship Depot Wholeness ........................ [238,000 ] 

Program increase ................................................................................... [9,500 ] 

120 SHIP DEPOT OPERATIONS SUPPORT .................................................. 1,575,578 1,654,578 

Navy unfunded requirement—Increase Alfoat Readiness .................. [79,000 ] 

130 COMBAT COMMUNICATIONS ................................................................. 558,727 558,727 

140 ELECTRONIC WARFARE .......................................................................... 105,680 105,680 

150 SPACE SYSTEMS AND SURVEILLANCE ............................................... 180,406 180,406 

160 WARFARE TACTICS ................................................................................... 470,032 470,032 

170 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY .................. 346,703 346,703 

180 COMBAT SUPPORT FORCES ................................................................... 1,158,688 1,158,688 

190 EQUIPMENT MAINTENANCE ................................................................. 113,692 113,692 

200 DEPOT OPERATIONS SUPPORT ............................................................. 2,509 2,509 

210 COMBATANT COMMANDERS CORE OPERATIONS ........................... 91,019 91,019 

220 COMBATANT COMMANDERS DIRECT MISSION SUPPORT ............ 74,780 74,780 

230 CRUISE MISSILE ....................................................................................... 106,030 106,030 

240 FLEET BALLISTIC MISSILE .................................................................... 1,233,805 1,233,805 

250 IN-SERVICE WEAPONS SYSTEMS SUPPORT ...................................... 163,025 163,025 

260 WEAPONS MAINTENANCE ...................................................................... 553,269 553,269 

270 OTHER WEAPON SYSTEMS SUPPORT ................................................. 350,010 350,010 

280 ENTERPRISE INFORMATION ................................................................. 790,685 790,685 

290 SUSTAINMENT, RESTORATION AND MODERNIZATION ................. 1,642,742 1,697,842 

Restore Sustainment shortfalls ............................................................ [55,100 ] 

300 BASE OPERATING SUPPORT .................................................................. 4,206,136 4,206,136 

SUBTOTAL OPERATING FORCES ................................................ 31,173,511 32,098,111 

MOBILIZATION 

310 SHIP PREPOSITIONING AND SURGE ................................................... 893,517 893,517 

320 READY RESERVE FORCE ......................................................................... 274,524 274,524 

330 AIRCRAFT ACTIVATIONS/INACTIVATIONS ........................................ 6,727 6,727 

340 SHIP ACTIVATIONS/INACTIVATIONS .................................................. 288,154 288,154 

350 EXPEDITIONARY HEALTH SERVICES SYSTEMS .............................. 95,720 95,720 

360 INDUSTRIAL READINESS ....................................................................... 2,109 2,109 

370 COAST GUARD SUPPORT ........................................................................ 21,114 21,114 

SUBTOTAL MOBILIZATION ........................................................... 1,581,865 1,581,865 

TRAINING AND RECRUITING 

380 OFFICER ACQUISITION ........................................................................... 143,815 143,815 

390 RECRUIT TRAINING ................................................................................. 8,519 8,519 

400 RESERVE OFFICERS TRAINING CORPS .............................................. 143,445 143,445 

410 SPECIALIZED SKILL TRAINING ............................................................ 699,214 699,214 

420 FLIGHT TRAINING .................................................................................... 5,310 5,310 

430 PROFESSIONAL DEVELOPMENT EDUCATION .................................. 172,852 172,852 

440 TRAINING SUPPORT ................................................................................. 222,728 222,728 

450 RECRUITING AND ADVERTISING ......................................................... 225,647 225,647 

460 OFF-DUTY AND VOLUNTARY EDUCATION ......................................... 130,569 130,569 

470 CIVILIAN EDUCATION AND TRAINING ............................................... 73,730 73,730 

480 JUNIOR ROTC ............................................................................................ 50,400 50,400 

SUBTOTAL TRAINING AND RECRUITING ................................ 1,876,229 1,876,229 

ADMIN & SRVWD ACTIVITIES 

490 ADMINISTRATION ..................................................................................... 917,453 917,453 

500 EXTERNAL RELATIONS ........................................................................... 14,570 14,570 

510 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT .............. 124,070 124,070 

520 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ............. 369,767 369,767 

530 OTHER PERSONNEL SUPPORT ............................................................. 285,927 285,927 

540 SERVICEWIDE COMMUNICATIONS ...................................................... 319,908 319,908 

570 SERVICEWIDE TRANSPORTATION ....................................................... 171,659 171,659 

590 PLANNING, ENGINEERING AND DESIGN ........................................... 270,863 270,863 


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861 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

600 ACQUISITION AND PROGRAM MANAGEMENT .................................. 1,112,766 1,112,766 

610 HULL, MECHANICAL AND ELECTRICAL SUPPORT .......................... 49,078 49,078 

620 COMBAT/WEAPONS SYSTEMS .............................................................. 24,989 24,989 

630 SPACE AND ELECTRONIC WARFARE SYSTEMS ................................ 72,966 72,966 

640 NAVAL INVESTIGATIVE SERVICE ......................................................... 595,711 595,711 

700 INTERNATIONAL HEADQUARTERS AND AGENCIES ....................... 4,809 4,809 

730 CLASSIFIED PROGRAMS ......................................................................... 517,440 517,440 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ............................... 4,851,976 4,851,976 

UNDISTRIBUTED 

740 UNDISTRIBUTED ....................................................................................... –416,900 

Excessive standard price for fuel .......................................................... [–390,500 ] 

Foreign Currency adjustments ............................................................. [–26,400 ] 

SUBTOTAL UNDISTRIBUTED ....................................................... –416,900 

TOTAL OPERATION & MAINTENANCE, NAVY ..................... 39,483,581 39,991,281 

OPERATION & MAINTENANCE, MARINE CORPS 

OPERATING FORCES 

010 OPERATIONAL FORCES ........................................................................... 674,613 760,313 

Enterprise network defense unfunded requirement ............................. [5,700 ] 

Exercise program unfunded requirement ............................................ [58,000 ] 

Marine Corps unfunded requirement- enhanced combat helmets ...... [22,000 ] 

020 FIELD LOGISTICS ..................................................................................... 947,424 983,674 

Critical/ no fail EOD unfunded requirement ..................................... [600 ] 

Marine Corps unfunded requirement- rifle combat optic modernization ...................................................................................................... [13,200 ] 

Marine Corps unfunded requirement- SPMAGTF—C4 UUNS ......... [8,250 ] 

Nano/VTOL unfunded requirement .................................................... [14,200 ] 

030 DEPOT MAINTENANCE ............................................................................ 206,783 214,583 

Depot maintenance unfunded requirement .......................................... [7,800 ] 

040 MARITIME PREPOSITIONING ................................................................ 85,276 85,276 

050 SUSTAINMENT, RESTORATION & MODERNIZATION ...................... 632,673 694,673 

Facility demolition unfunded requirement .......................................... [39,200 ] 

Restore Sustainment shortfalls ............................................................ [22,800 ] 

060 BASE OPERATING SUPPORT .................................................................. 2,136,626 2,136,626 

SUBTOTAL OPERATING FORCES ................................................ 4,683,395 4,875,145 

TRAINING AND RECRUITING 

070 RECRUIT TRAINING ................................................................................. 15,946 15,946 

080 OFFICER ACQUISITION ........................................................................... 935 935 

090 SPECIALIZED SKILL TRAINING ............................................................ 99,305 99,305 

100 PROFESSIONAL DEVELOPMENT EDUCATION .................................. 45,495 45,495 

110 TRAINING SUPPORT ................................................................................. 369,979 369,979 

120 RECRUITING AND ADVERTISING ......................................................... 165,566 165,566 

130 OFF-DUTY AND VOLUNTARY EDUCATION ......................................... 35,133 35,133 

140 JUNIOR ROTC ............................................................................................ 23,622 23,622 

SUBTOTAL TRAINING AND RECRUITING ................................ 755,981 755,981 

ADMIN & SRVWD ACTIVITIES 

150 SERVICEWIDE TRANSPORTATION ....................................................... 34,534 34,534 

160 ADMINISTRATION ..................................................................................... 355,932 355,932 

180 ACQUISITION AND PROGRAM MANAGEMENT .................................. 76,896 76,896 

200 CLASSIFIED PROGRAMS ......................................................................... 47,520 47,520 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ............................... 514,882 514,882 

UNDISTRIBUTED 

210 UNDISTRIBUTED ....................................................................................... –6,400 

Excessive standard price for fuel .......................................................... [–4,900 ] 

Foreign Currency adjustments ............................................................. [–1,500 ] 

SUBTOTAL UNDISTRIBUTED ....................................................... –6,400 

TOTAL OPERATION & MAINTENANCE, MARINE CORPS 5,954,258 6,139,608 

OPERATION & MAINTENANCE, NAVY RES 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS .................................... 526,190 526,190 

020 INTERMEDIATE MAINTENANCE ........................................................... 6,714 6,714 

030 AIRCRAFT DEPOT MAINTENANCE ....................................................... 86,209 90,209 

Navy unfunded requirement—Improve Afloat Readiness .................. [4,000 ] 

040 AIRCRAFT DEPOT OPERATIONS SUPPORT ........................................ 389 389 

050 AVIATION LOGISTICS .............................................................................. 10,189 10,189 

070 SHIP OPERATIONS SUPPORT & TRAINING ........................................ 560 860 


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862 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

Navy unfunded requirement—Restore Fleet Training ........................ [300 ] 

090 COMBAT COMMUNICATIONS ................................................................. 13,173 13,173 

100 COMBAT SUPPORT FORCES ................................................................... 109,053 109,053 

120 ENTERPRISE INFORMATION ................................................................. 27,226 27,226 

130 SUSTAINMENT, RESTORATION AND MODERNIZATION ................. 27,571 28,671 

Restore Sustainment shortfalls ............................................................ [1,100 ] 

140 BASE OPERATING SUPPORT .................................................................. 99,166 99,166 

SUBTOTAL OPERATING FORCES ................................................ 906,440 911,840 

ADMIN & SRVWD ACTIVITIES 

150 ADMINISTRATION ..................................................................................... 1,351 1,351 

160 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ............. 13,251 13,251 

170 SERVICEWIDE COMMUNICATIONS ...................................................... 3,445 3,445 

180 ACQUISITION AND PROGRAM MANAGEMENT .................................. 3,169 3,169 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ............................... 21,216 21,216 

UNDISTRIBUTED 

200 UNDISTRIBUTED ....................................................................................... –26,600 

Excessive standard price for fuel .......................................................... [–26,600 ] 

SUBTOTAL UNDISTRIBUTED ....................................................... –26,600 

TOTAL OPERATION & MAINTENANCE, NAVY RES ........... 927,656 906,456 

OPERATION & MAINTENANCE, MC RESERVE 

OPERATING FORCES 

010 OPERATING FORCES ................................................................................ 94,154 94,154 

020 DEPOT MAINTENANCE ............................................................................ 18,594 18,594 

030 SUSTAINMENT, RESTORATION AND MODERNIZATION ................. 25,470 26,170 

Restore Sustainment shortfalls ............................................................ [700 ] 

040 BASE OPERATING SUPPORT .................................................................. 111,550 111,550 

SUBTOTAL OPERATING FORCES ................................................ 249,768 250,468 

ADMIN & SRVWD ACTIVITIES 

050 SERVICEWIDE TRANSPORTATION ....................................................... 902 902 

060 ADMINISTRATION ..................................................................................... 11,130 11,130 

070 RECRUITING AND ADVERTISING ......................................................... 8,833 8,833 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ............................... 20,865 20,865 

UNDISTRIBUTED 

090 UNDISTRIBUTED ....................................................................................... –800 

Excessive standard price for fuel .......................................................... [–800 ] 

SUBTOTAL UNDISTRIBUTED ....................................................... –800 

TOTAL OPERATION & MAINTENANCE, MC RESERVE ..... 270,633 270,533 

OPERATION & MAINTENANCE, AIR FORCE 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES ................................................................... 3,294,124 3,294,124 

020 COMBAT ENHANCEMENT FORCES ...................................................... 1,682,045 1,684,845 

HH–60 unfunded requirement .............................................................. [2,800 ] 

030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) .................. 1,730,757 1,730,757 

040 DEPOT MAINTENANCE ............................................................................ 7,042,988 7,156,064 

Compass Call Program Restructure ..................................................... [–56,500 ] 

Weapon system sustainment unfunded requirement ........................... [169,576 ] 

050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 1,657,019 1,710,019 

Restore Sustainment shortfalls ............................................................ [53,000 ] 

060 BASE SUPPORT .......................................................................................... 2,787,216 2,787,216 

070 GLOBAL C3I AND EARLY WARNING ..................................................... 887,831 927,831 

Air Force unfunded requirement—Ground Based Radars ................. [40,000 ] 

080 OTHER COMBAT OPS SPT PROGRAMS ................................................ 1,070,178 1,070,178 

100 LAUNCH FACILITIES ................................................................................ 208,582 208,582 

110 SPACE CONTROL SYSTEMS ................................................................... 362,250 362,250 

120 COMBATANT COMMANDERS DIRECT MISSION SUPPORT ............ 907,245 907,245 

130 COMBATANT COMMANDERS CORE OPERATIONS ........................... 199,171 199,171 

135 CLASSIFIED PROGRAMS ......................................................................... 930,757 930,757 

SUBTOTAL OPERATING FORCES ................................................ 22,760,163 22,969,039 

MOBILIZATION 

140 AIRLIFT OPERATIONS ............................................................................. 1,703,059 1,703,059 

150 MOBILIZATION PREPAREDNESS .......................................................... 138,899 138,899 

160 DEPOT MAINTENANCE ............................................................................ 1,553,439 1,619,863 

Weapon system sustainment unfunded requirement ........................... [66,424 ] 

170 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 258,328 266,628 


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SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

Restore Sustainment shortfalls ............................................................ [8,300 ] 

180 BASE SUPPORT .......................................................................................... 722,756 722,756 

SUBTOTAL MOBILIZATION ........................................................... 4,376,481 4,451,205 

TRAINING AND RECRUITING 

190 OFFICER ACQUISITION ........................................................................... 120,886 120,886 

200 RECRUIT TRAINING ................................................................................. 23,782 23,782 

210 RESERVE OFFICERS TRAINING CORPS (ROTC) ................................ 77,692 77,692 

220 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 236,254 243,854 

Restore Sustainment shortfalls ............................................................ [7,600 ] 

230 BASE SUPPORT .......................................................................................... 819,915 819,915 

240 SPECIALIZED SKILL TRAINING ............................................................ 387,446 387,446 

250 FLIGHT TRAINING .................................................................................... 725,134 725,134 

260 PROFESSIONAL DEVELOPMENT EDUCATION .................................. 264,213 264,213 

270 TRAINING SUPPORT ................................................................................. 86,681 86,681 

280 DEPOT MAINTENANCE ............................................................................ 305,004 305,004 

290 RECRUITING AND ADVERTISING ......................................................... 104,754 104,754 

300 EXAMINING ................................................................................................ 3,944 3,944 

310 OFF-DUTY AND VOLUNTARY EDUCATION ......................................... 184,841 184,841 

320 CIVILIAN EDUCATION AND TRAINING ............................................... 173,583 173,583 

330 JUNIOR ROTC ............................................................................................ 58,877 58,877 

SUBTOTAL TRAINING AND RECRUITING ................................ 3,573,006 3,580,606 

ADMIN & SRVWD ACTIVITIES 

340 LOGISTICS OPERATIONS ........................................................................ 1,107,846 1,107,846 

350 TECHNICAL SUPPORT ACTIVITIES ...................................................... 924,185 924,185 

360 DEPOT MAINTENANCE ............................................................................ 48,778 48,778 

370 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 321,013 331,313 

Restore Sustainment shortfalls ............................................................ [10,300 ] 

380 BASE SUPPORT .......................................................................................... 1,115,910 1,115,910 

390 ADMINISTRATION ..................................................................................... 811,650 811,650 

400 SERVICEWIDE COMMUNICATIONS ...................................................... 269,809 269,809 

410 OTHER SERVICEWIDE ACTIVITIES ...................................................... 961,304 961,304 

420 CIVIL AIR PATROL .................................................................................... 25,735 28,535 

Civil Air Patrol O&M Support ............................................................. [2,800 ] 

450 INTERNATIONAL SUPPORT .................................................................... 90,573 90,573 

460 CLASSIFIED PROGRAMS ......................................................................... 1,131,603 1,131,603 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ............................... 6,808,406 6,821,506 

UNDISTRIBUTED 

470 UNDISTRIBUTED ....................................................................................... –484,700 

Excessive standard price for fuel .......................................................... [–368,000 ] 

Foreign Currency adjustments ............................................................. [–116,700 ] 

SUBTOTAL UNDISTRIBUTED ....................................................... –484,700 

TOTAL OPERATION & MAINTENANCE, AIR FORCE ......... 37,518,056 37,337,656 

OPERATION & MAINTENANCE, AF RESERVE 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES ................................................................... 1,707,882 1,707,882 

020 MISSION SUPPORT OPERATIONS ......................................................... 230,016 230,016 

030 DEPOT MAINTENANCE ............................................................................ 541,743 541,743 

040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 113,470 116,170 

Restore Sustainment shortfalls ............................................................ [2,700 ] 

050 BASE SUPPORT .......................................................................................... 384,832 384,832 

SUBTOTAL OPERATING FORCES ................................................ 2,977,943 2,980,643 

ADMINISTRATION AND SERVICEWIDE ACTIVITIES 

060 ADMINISTRATION ..................................................................................... 54,939 54,939 

070 RECRUITING AND ADVERTISING ......................................................... 14,754 14,754 

080 MILITARY MANPOWER AND PERS MGMT (ARPC) ............................. 12,707 12,707 

090 OTHER PERS SUPPORT (DISABILITY COMP) ..................................... 7,210 7,210 

100 AUDIOVISUAL ............................................................................................ 376 376 

SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES ........................................................................................... 89,986 89,986 

UNDISTRIBUTED 

110 UNDISTRIBUTED ....................................................................................... –59,700 

Excessive standard price for fuel .......................................................... [–59,700 ] 

SUBTOTAL UNDISTRIBUTED ....................................................... –59,700 

TOTAL OPERATION & MAINTENANCE, AF RESERVE ...... 3,067,929 3,010,929 


srobinson on DSK5SPTVN1PROD with HEARING
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SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

OPERATION & MAINTENANCE, ANG 

OPERATING FORCES 

010 AIRCRAFT OPERATIONS .......................................................................... 3,282,238 3,278,238 

Unjustifed growth .................................................................................. [–4,000 ] 

020 MISSION SUPPORT OPERATIONS ......................................................... 723,062 723,062 

030 DEPOT MAINTENANCE ............................................................................ 1,824,329 1,867,529 

Weapon system sustainment engines unfunded requirement ............. [3,200 ] 

Weapon system sustainment unfunded requirement ........................... [40,000 ] 

040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 245,840 254,940 

Restore Sustainment shortfalls ............................................................ [9,100 ] 

050 BASE SUPPORT .......................................................................................... 575,548 575,548 

SUBTOTAL OPERATING FORCES ................................................ 6,651,017 6,699,317 

ADMINISTRATION AND SERVICE-WIDE ACTIVITIES 

060 ADMINISTRATION ..................................................................................... 23,715 23,715 

070 RECRUITING AND ADVERTISING ......................................................... 28,846 28,846 

SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES ........................................................................................... 52,561 52,561 

UNDISTRIBUTED 

080 UNDISTRIBUTED ....................................................................................... –117,700 

Excessive standard price for fuel .......................................................... [–117,700 ] 

SUBTOTAL UNDISTRIBUTED ....................................................... –117,700 

TOTAL OPERATION & MAINTENANCE, ANG ....................... 6,703,578 6,634,178 

OPERATION & MAINTENANCE, DEFENSE-WIDE 

OPERATING FORCES 

010 JOINT CHIEFS OF STAFF ........................................................................ 506,113 506,113 

020 OFFICE OF THE SECRETARY OF DEFENSE ....................................... 524,439 524,439 

030 SPECIAL OPERATIONS COMMAND/OPERATING FORCES ............. 4,898,159 4,889,359 

Unjustified growth in total civilian compensation ............................. [–8,800 ] 

SUBTOTAL OPERATING FORCES ................................................ 5,928,711 5,919,911 

TRAINING AND RECRUITING 

040 DEFENSE ACQUISITION UNIVERSITY ................................................. 138,658 138,658 

050 JOINT CHIEFS OF STAFF ........................................................................ 85,701 85,701 

070 SPECIAL OPERATIONS COMMAND/TRAINING AND RECRUITING ............................................................................................................ 365,349 365,349 

SUBTOTAL TRAINING AND RECRUITING ................................ 589,708 589,708 

ADMINISTRATION AND SERVICEWIDE ACTIVITIES 

080 CIVIL MILITARY PROGRAMS .................................................................. 160,480 195,819 

National Guard Youth Challenge Program ........................................ [10,339 ] 

STARBASE ............................................................................................ [25,000 ] 

100 DEFENSE CONTRACT AUDIT AGENCY ................................................ 630,925 630,925 

110 DEFENSE CONTRACT MANAGEMENT AGENCY ................................ 1,356,380 1,356,380 

120 DEFENSE HUMAN RESOURCES ACTIVITY ......................................... 683,620 683,620 

130 DEFENSE INFORMATION SYSTEMS AGENCY ................................... 1,439,891 1,439,891 

150 DEFENSE LEGAL SERVICES AGENCY ................................................. 24,984 24,984 

160 DEFENSE LOGISTICS AGENCY .............................................................. 357,964 352,164 

Price Comparability Office unjustified growth .................................... [–5,800 ] 

170 DEFENSE MEDIA ACTIVITY .................................................................... 223,422 223,422 

180 DEFENSE PERSONNEL ACCOUNTING AGENCY ............................... 112,681 112,681 

190 DEFENSE SECURITY COOPERATION AGENCY .................................. 496,754 621,754 

Transfer from Drug Interdiction and Counter-Drug Activities .......... [125,000 ] 

200 DEFENSE SECURITY SERVICE .............................................................. 538,711 538,711 

230 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION ................ 35,417 35,417 

240 DEFENSE THREAT REDUCTION AGENCY .......................................... 448,146 448,146 

260 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY ....................... 2,671,143 2,701,143 

Impact Aid ............................................................................................. [25,000 ] 

Impact Aid severe disabilities ............................................................... [5,000 ] 

270 MISSILE DEFENSE AGENCY .................................................................. 446,975 446,975 

290 OFFICE OF ECONOMIC ADJUSTMENT ................................................ 155,399 136,199 

Guam public health lab ........................................................................ [–19,200 ] 

300 OFFICE OF THE SECRETARY OF DEFENSE ....................................... 1,481,643 1,487,293 

BRAC 2017 Round Planning and Analyses ........................................ [–3,530 ] 

CWMD Sustainment: Constellation program reduction ..................... [–3,800 ] 

DOD rewards early to need .................................................................. [–1,000 ] 

Intelligence Management—program reduction ................................... [–1,000 ] 

Reeadiness environmental protection initiative ................................... [14,980 ] 

310 SPECIAL OPERATIONS COMMAND/ADMIN & SVC-WIDE ACTIVITIES ........................................................................................................... 89,429 89,429 


srobinson on DSK5SPTVN1PROD with HEARING
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SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

320 WASHINGTON HEADQUARTERS SERVICES ....................................... 629,874 629,874 

330 CLASSIFIED PROGRAMS ......................................................................... 14,069,333 14,069,333 

SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES ........................................................................................... 26,053,171 26,224,160 

UNDISTRIBUTED 

340 UNDISTRIBUTED ....................................................................................... –47,100 

Excessive standard price for fuel .......................................................... [–17,800 ] 

Foreign Currency adjustments ............................................................. [–34,300 ] 

Temporary Duty Assignment Per Diem Rate Waiver ......................... [5,000 ] 

SUBTOTAL UNDISTRIBUTED ....................................................... –47,100 

TOTAL OPERATION & MAINTENANCE, DEFENSE-WIDE 32,571,590 32,686,679 

MISCELLANEOUS APPROPRIATIONS 

MISCELLANEOUS APPROPRIATIONS 

010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE .... 14,194 14,194 

020 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID ................ 105,125 105,125 

030 COOPERATIVE THREAT REDUCTION .................................................. 325,604 325,604 

050 ENVIRONMENTAL RESTORATION, ARMY ........................................... 170,167 170,167 

060 ENVIRONMENTAL RESTORATION, NAVY ........................................... 281,762 281,762 

070 ENVIRONMENTAL RESTORATION, AIR FORCE ................................. 371,521 371,521 

080 ENVIRONMENTAL RESTORATION, DEFENSE ................................... 9,009 9,009 

090 ENVIRONMENTAL RESTORATION FORMERLY USED SITES ......... 197,084 197,084 

SUBTOTAL MISCELLANEOUS APPROPRIATIONS ................. 1,474,466 1,474,466 

TOTAL MISCELLANEOUS APPROPRIATIONS ..................... 1,474,466 1,474,466 

TOTAL OPERATION & MAINTENANCE .................................. 171,318,488 171,870,896 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS. 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

OPERATION & MAINTENANCE, ARMY 

OPERATING FORCES 

010 MANEUVER UNITS ...................................................................................... 427,063 416,263 

Army requested realignment (ERI) ......................................................... [–10,800 ] 

040 THEATER LEVEL ASSETS ......................................................................... 1,834,423 1,834,423 

050 LAND FORCES OPERATIONS SUPPORT ................................................. 558,086 426,086 

Army requested realignment (ERI) ......................................................... [–132,000 ] 

060 AVIATION ASSETS ....................................................................................... 58,620 58,620 

070 FORCE READINESS OPERATIONS SUPPORT ....................................... 1,552,468 1,550,468 

Army requested realignment (ERI) ......................................................... [–2,000 ] 

080 LAND FORCES SYSTEMS READINESS ................................................... 476,853 476,853 

100 BASE OPERATIONS SUPPORT .................................................................. 45,749 45,749 

140 ADDITIONAL ACTIVITIES .......................................................................... 8,234,566 8,234,566 

150 COMMANDERS EMERGENCY RESPONSE PROGRAM ......................... 5,000 5,000 

160 RESET ............................................................................................................. 1,100,722 1,100,722 

170 COMBATANT COMMANDS DIRECT MISSION SUPPORT .................... 79,568 79,568 

SUBTOTAL OPERATING FORCES .................................................. 14,373,118 14,228,318 

MOBILIZATION 

190 ARMY PREPOSITIONED STOCKS ............................................................. 350,200 130,000 

Army requested realignment (ERI) ......................................................... [–220,200 ] 

SUBTOTAL MOBILIZATION ............................................................. 350,200 130,000 

ADMIN & SRVWIDE ACTIVITIES 

350 SERVICEWIDE TRANSPORTATION .......................................................... 720,399 840,399 

Army requested realignment (ERI) ......................................................... [120,000 ] 

380 AMMUNITION MANAGEMENT .................................................................. 13,974 13,974 

420 OTHER PERSONNEL SUPPORT ................................................................ 105,508 105,508 

450 REAL ESTATE MANAGEMENT .................................................................. 185,904 185,904 

530 CLASSIFIED PROGRAMS ............................................................................ 909,278 909,278 

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES ............................. 1,935,063 2,055,063 


srobinson on DSK5SPTVN1PROD with HEARING
866 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

TOTAL OPERATION & MAINTENANCE, ARMY ....................... 16,658,381 16,413,381 

OPERATION & MAINTENANCE, ARMY RES 

OPERATING FORCES 

020 ECHELONS ABOVE BRIGADE ................................................................... 6,252 6,252 

040 LAND FORCES OPERATIONS SUPPORT ................................................. 2,075 2,075 

060 FORCE READINESS OPERATIONS SUPPORT ....................................... 1,140 1,140 

090 BASE OPERATIONS SUPPORT .................................................................. 14,653 14,653 

SUBTOTAL OPERATING FORCES .................................................. 24,120 24,120 

TOTAL OPERATION & MAINTENANCE, ARMY RES ............. 24,120 24,120 

OPERATION & MAINTENANCE, ARNG 

OPERATING FORCES 

010 MANEUVER UNITS ...................................................................................... 10,564 10,564 

020 MODULAR SUPPORT BRIGADES .............................................................. 748 748 

030 ECHELONS ABOVE BRIGADE ................................................................... 5,751 5,751 

040 THEATER LEVEL ASSETS ......................................................................... 200 200 

060 AVIATION ASSETS ....................................................................................... 27,183 27,183 

070 FORCE READINESS OPERATIONS SUPPORT ....................................... 2,741 2,741 

100 BASE OPERATIONS SUPPORT .................................................................. 18,800 18,800 

120 MANAGEMENT AND OPERATIONAL HEADQUARTERS ...................... 920 920 

SUBTOTAL OPERATING FORCES .................................................. 66,907 66,907 

TOTAL OPERATION & MAINTENANCE, ARNG ...................... 66,907 66,907 

AFGHANISTAN SECURITY FORCES FUND 

MINISTRY OF DEFENSE 

010 SUSTAINMENT ............................................................................................. 2,173,341 2,173,341

020 INFRASTRUCTURE ...................................................................................... 48,262 48,262 

030 EQUIPMENT AND TRANSPORTATION .................................................... 821,716 821,716 

040 TRAINING AND OPERATIONS ................................................................... 289,139 289,139 

SUBTOTAL MINISTRY OF DEFENSE ............................................ 3,332,458 3,332,458 

MINISTRY OF INTERIOR 

050 SUSTAINMENT ............................................................................................. 860,441 860,441 

060 INFRASTRUCTURE ...................................................................................... 20,837 20,837 

070 EQUIPMENT AND TRANSPORTATION .................................................... 8,153 8,153 

080 TRAINING AND OPERATIONS ................................................................... 41,326 41,326 

SUBTOTAL MINISTRY OF INTERIOR ........................................... 930,757 930,757 

TOTAL AFGHANISTAN SECURITY FORCES FUND ............... 4,263,215 4,263,215 

IRAQ TRAIN AND EQUIP FUND 

IRAQ TRAIN AND EQUIP FUND 

010 IRAQ TRAIN AND EQUIP FUND ................................................................ 919,500 0 

Transfer to Counter-ISIL Fund .............................................................. [–919,500 ] 

SUBTOTAL IRAQ TRAIN AND EQUIP FUND ............................... 919,500 0 

TOTAL IRAQ TRAIN AND EQUIP FUND ................................... 919,500 0 

SYRIA TRAIN AND EQUIP FUND 

SYRIA TRAIN AND EQUIP FUND 

010 SYRIA TRAIN AND EQUIP FUND .............................................................. 250,000 0 

Transfer to Counter-ISIL Fund .............................................................. [–250,000 ] 

SUBTOTAL SYRIA TRAIN AND EQUIP FUND ............................. 250,000 0 

TOTAL SYRIA TRAIN AND EQUIP FUND ................................. 250,000 0 

COUNTER-ISIL FUND 

COUNTER-ISIL FUND 

010 COUNTER-ISIL FUND ................................................................................. 1,169,500 

Transfer from Iraq Train and Equip ..................................................... [919,500 ] 

Transfer from Syria Train and Equip ................................................... [250,000 ] 

SUBTOTAL COUNTER-ISIL FUND ................................................. 1,169,500 

TOTAL COUNTER-ISIL FUND ...................................................... 1,169,500 

OPERATION & MAINTENANCE, NAVY 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ...................................... 427,452 427,452 

040 AIR OPERATIONS AND SAFETY SUPPORT ............................................ 4,603 4,603 


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SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

050 AIR SYSTEMS SUPPORT ............................................................................ 159,049 159,049 

060 AIRCRAFT DEPOT MAINTENANCE .......................................................... 113,994 113,994 

070 AIRCRAFT DEPOT OPERATIONS SUPPORT .......................................... 1,840 1,840 

080 AVIATION LOGISTICS ................................................................................. 35,529 35,529 

090 MISSION AND OTHER SHIP OPERATIONS ............................................ 1,073,080 1,073,080 

100 SHIP OPERATIONS SUPPORT & TRAINING .......................................... 17,306 17,306 

110 SHIP DEPOT MAINTENANCE .................................................................... 2,128,431 2,128,431 

130 COMBAT COMMUNICATIONS ................................................................... 21,257 21,257 

160 WARFARE TACTICS ..................................................................................... 22,603 22,603 

170 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY .................... 22,934 22,934 

180 COMBAT SUPPORT FORCES ..................................................................... 575,305 575,305 

190 EQUIPMENT MAINTENANCE .................................................................... 11,358 11,358 

250 IN-SERVICE WEAPONS SYSTEMS SUPPORT ........................................ 61,000 61,000 

260 WEAPONS MAINTENANCE ........................................................................ 309,045 309,045 

270 OTHER WEAPON SYSTEMS SUPPORT .................................................... 8,000 8,000 

290 SUSTAINMENT, RESTORATION AND MODERNIZATION ................... 7,819 7,819 

300 BASE OPERATING SUPPORT .................................................................... 61,493 61,493 

SUBTOTAL OPERATING FORCES .................................................. 5,062,098 5,062,098 

MOBILIZATION 

330 AIRCRAFT ACTIVATIONS/INACTIVATIONS .......................................... 1,530 1,530 

350 EXPEDITIONARY HEALTH SERVICES SYSTEMS ................................. 6,713 6,713 

370 COAST GUARD SUPPORT ........................................................................... 162,692 162,692 

SUBTOTAL MOBILIZATION ............................................................. 170,935 170,935 

TRAINING AND RECRUITING 

410 SPECIALIZED SKILL TRAINING ............................................................... 43,365 43,365 

SUBTOTAL TRAINING AND RECRUITING .................................. 43,365 43,365 

ADMIN & SRVWD ACTIVITIES 

490 ADMINISTRATION ....................................................................................... 3,764 3,764 

500 EXTERNAL RELATIONS ............................................................................. 515 515 

520 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ............... 5,409 5,409 

530 OTHER PERSONNEL SUPPORT ................................................................ 1,578 1,578 

570 SERVICEWIDE TRANSPORTATION .......................................................... 126,700 126,700 

600 ACQUISITION AND PROGRAM MANAGEMENT .................................... 9,261 9,261 

640 NAVAL INVESTIGATIVE SERVICE ........................................................... 1,501 1,501 

730 CLASSIFIED PROGRAMS ............................................................................ 16,280 16,280 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................................. 165,008 165,008 

TOTAL OPERATION & MAINTENANCE, NAVY ....................... 5,441,406 5,441,406 

OPERATION & MAINTENANCE, MARINE CORPS 

OPERATING FORCES 

010 OPERATIONAL FORCES ............................................................................. 571,935 571,935 

020 FIELD LOGISTICS ........................................................................................ 266,094 266,094 

030 DEPOT MAINTENANCE .............................................................................. 147,000 147,000 

060 BASE OPERATING SUPPORT .................................................................... 18,576 18,576 

SUBTOTAL OPERATING FORCES .................................................. 1,003,605 1,003,605 

TRAINING AND RECRUITING 

110 TRAINING SUPPORT ................................................................................... 31,750 31,750 

SUBTOTAL TRAINING AND RECRUITING .................................. 31,750 31,750 

ADMIN & SRVWD ACTIVITIES 

150 SERVICEWIDE TRANSPORTATION .......................................................... 73,800 73,800 

200 CLASSIFIED PROGRAMS ............................................................................ 3,650 3,650 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................................. 77,450 77,450 

TOTAL OPERATION & MAINTENANCE, MARINE CORPS ... 1,112,805 1,112,805 

OPERATION & MAINTENANCE, NAVY RES 

OPERATING FORCES 

030 AIRCRAFT DEPOT MAINTENANCE .......................................................... 16,500 16,500 

050 AVIATION LOGISTICS ................................................................................. 2,522 2,522 

100 COMBAT SUPPORT FORCES ..................................................................... 7,243 7,243 

SUBTOTAL OPERATING FORCES .................................................. 26,265 26,265 

TOTAL OPERATION & MAINTENANCE, NAVY RES .............. 26,265 26,265 

OPERATION & MAINTENANCE, MC RESERVE 

OPERATING FORCES 


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SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

010 OPERATING FORCES .................................................................................. 2,500 2,500 

040 BASE OPERATING SUPPORT .................................................................... 804 804 

SUBTOTAL OPERATING FORCES .................................................. 3,304 3,304 

TOTAL OPERATION & MAINTENANCE, MC RESERVE ........ 3,304 3,304 

OPERATION & MAINTENANCE, AIR FORCE 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES ...................................................................... 1,852,159 1,890,159 

Enhancing readiness levels of DCA aircraft .......................................... [10,000 ] 

ERI nuclear readiness ............................................................................. [28,000 ] 

020 COMBAT ENHANCEMENT FORCES ......................................................... 1,127,319 1,127,319 

030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) .................... 152,278 152,278 

040 DEPOT MAINTENANCE .............................................................................. 1,061,506 1,087,106 

Compass Call Program Restructure ....................................................... [25,600 ] 

050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 56,700 56,700 

060 BASE SUPPORT ............................................................................................ 941,714 941,714 

070 GLOBAL C3I AND EARLY WARNING ........................................................ 30,219 30,219 

080 OTHER COMBAT OPS SPT PROGRAMS .................................................. 213,696 218,696 

Promoting additional DCA burden sharing .......................................... [5,000 ] 

100 LAUNCH FACILITIES .................................................................................. 869 869 

110 SPACE CONTROL SYSTEMS ...................................................................... 5,008 5,008 

120 COMBATANT COMMANDERS DIRECT MISSION SUPPORT ............... 100,081 100,081 

135 CLASSIFIED PROGRAMS ............................................................................ 79,893 79,893 

SUBTOTAL OPERATING FORCES .................................................. 5,621,442 5,690,042 

MOBILIZATION 

140 AIRLIFT OPERATIONS ................................................................................ 2,606,729 2,606,729 

150 MOBILIZATION PREPAREDNESS ............................................................. 108,163 108,163 

160 DEPOT MAINTENANCE .............................................................................. 891,102 891,102 

180 BASE SUPPORT ............................................................................................ 3,686 3,686 

SUBTOTAL MOBILIZATION ............................................................. 3,609,680 3,609,680 

TRAINING AND RECRUITING 

230 BASE SUPPORT ............................................................................................ 52,740 52,740 

240 SPECIALIZED SKILL TRAINING ............................................................... 4,500 4,500 

SUBTOTAL TRAINING AND RECRUITING .................................. 57,240 57,240 

ADMIN & SRVWD ACTIVITIES 

340 LOGISTICS OPERATIONS .......................................................................... 86,716 86,716 

380 BASE SUPPORT ............................................................................................ 59,133 59,133 

400 SERVICEWIDE COMMUNICATIONS ......................................................... 165,348 165,348 

410 OTHER SERVICEWIDE ACTIVITIES ......................................................... 141,883 116,825 

Program reduction ................................................................................... [–25,058 ] 

450 INTERNATIONAL SUPPORT ...................................................................... 61 61 

460 CLASSIFIED PROGRAMS ............................................................................ 15,823 15,823 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................................. 468,964 443,906 

TOTAL OPERATION & MAINTENANCE, AIR FORCE ............ 9,757,326 9,800,868 

OPERATION & MAINTENANCE, AF RESERVE 

OPERATING FORCES 

030 DEPOT MAINTENANCE .............................................................................. 51,086 51,086 

050 BASE SUPPORT ............................................................................................ 6,500 6,500 

SUBTOTAL OPERATING FORCES .................................................. 57,586 57,586 

TOTAL OPERATION & MAINTENANCE, AF RESERVE ......... 57,586 57,586 

OPERATION & MAINTENANCE, ANG 

OPERATING FORCES 

020 MISSION SUPPORT OPERATIONS ........................................................... 3,400 3,400 

050 BASE SUPPORT ............................................................................................ 16,600 16,600 

SUBTOTAL OPERATING FORCES .................................................. 20,000 20,000 

TOTAL OPERATION & MAINTENANCE, ANG ......................... 20,000 20,000 

OPERATION & MAINTENANCE, DEFENSE-WIDE 

OPERATING FORCES 

010 JOINT CHIEFS OF STAFF .......................................................................... 10,000 

Enhancing exercise of DCA aircraft ....................................................... [10,000 ] 

030 SPECIAL OPERATIONS COMMAND/OPERATING FORCES ................ 2,853,363 2,853,363 

SUBTOTAL OPERATING FORCES .................................................. 2,853,363 2,863,363 


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SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

ADMINISTRATION AND SERVICEWIDE ACTIVITIES 

100 DEFENSE CONTRACT AUDIT AGENCY .................................................. 13,436 13,436 

110 DEFENSE CONTRACT MANAGEMENT AGENCY .................................. 13,564 13,564 

130 DEFENSE INFORMATION SYSTEMS AGENCY ...................................... 34,299 34,299 

150 DEFENSE LEGAL SERVICES AGENCY .................................................... 111,986 111,986 

170 DEFENSE MEDIA ACTIVITY ...................................................................... 13,317 13,317 

190 DEFENSE SECURITY COOPERATION AGENCY .................................... 1,412,000 2,162,000 

Transfer from Counterterrorism Partnership Fund .............................. [750,000 ] 

260 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY ......................... 67,000 67,000 

300 OFFICE OF THE SECRETARY OF DEFENSE ......................................... 31,106 31,106 

320 WASHINGTON HEADQUARTERS SERVICES ......................................... 3,137 3,137 

330 CLASSIFIED PROGRAMS ............................................................................ 1,803,880 1,803,880 

SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES ..................................................................................................... 3,503,725 4,253,725 

TOTAL OPERATION & MAINTENANCE, DEFENSE-WIDE ... 6,357,088 7,117,088 

TOTAL OPERATION & MAINTENANCE .................................... 44,957,903 45,516,445 

SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS. 

SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

OPERATION & MAINTENANCE, ARMY 

OPERATING FORCES 

010 MANEUVER UNITS ...................................................................................... 317,093 317,093 

020 MODULAR SUPPORT BRIGADES .............................................................. 5,904 5,904 

030 ECHELONS ABOVE BRIGADE ................................................................... 38,614 38,614 

040 THEATER LEVEL ASSETS ......................................................................... 8,361 8,361 

050 LAND FORCES OPERATIONS SUPPORT ................................................. 279,072 279,072 

060 AVIATION ASSETS ....................................................................................... 106,424 106,424 

070 FORCE READINESS OPERATIONS SUPPORT ....................................... 253,533 253,533 

090 LAND FORCES DEPOT MAINTENANCE .................................................. 350,000 350,000 

110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 113,800 

Increase Restoration & Modernization funding .................................... [113,800 ] 

140 ADDITIONAL ACTIVITIES .......................................................................... 11,200 11,200 

SUBTOTAL OPERATING FORCES .................................................. 1,370,201 1,484,001 

TRAINING AND RECRUITING 

250 SPECIALIZED SKILL TRAINING ............................................................... 3,565 3,565 

270 PROFESSIONAL DEVELOPMENT EDUCATION ..................................... 9,021 9,021 

280 TRAINING SUPPORT ................................................................................... 2,434 2,434 

290 RECRUITING AND ADVERTISING ............................................................ 284,800 

Recruiting and Advertising Add ............................................................. [284,800 ] 

320 CIVILIAN EDUCATION AND TRAINING .................................................. 1,254 1,254 

SUBTOTAL TRAINING AND RECRUITING .................................. 16,274 301,074 

ADMIN & SRVWIDE ACTIVITIES 

350 SERVICEWIDE TRANSPORTATION .......................................................... 200,000 200,000 

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES ............................. 200,000 200,000 

UNDISTRIBUTED 

540 UNDISTRIBUTED ......................................................................................... 563,400 

Additional funding to support increase in Army end strength ............ [563,400 ] 

SUBTOTAL UNDISTRIBUTED ......................................................... 563,400 

TOTAL OPERATION & MAINTENANCE, ARMY ....................... 1,586,475 2,548,475 

OPERATION & MAINTENANCE, ARMY RES 

OPERATING FORCES 

010 MODULAR SUPPORT BRIGADES .............................................................. 708 708 

020 ECHELONS ABOVE BRIGADE ................................................................... 8,570 8,570 

030 THEATER LEVEL ASSETS ......................................................................... 375 375 

040 LAND FORCES OPERATIONS SUPPORT ................................................. 13 13 


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SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

050 AVIATION ASSETS ....................................................................................... 608 608 

060 FORCE READINESS OPERATIONS SUPPORT ....................................... 4,285 4,285 

100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 13,100 

Increase Restoration & Modernization funding .................................... [13,100 ] 

SUBTOTAL OPERATING FORCES .................................................. 14,559 27,659 

UNDISTRIBUTED 

180 UNDISTRIBUTED ......................................................................................... 82,700 

Additional funding to support increase in Army Reserve end strength [82,700 ] 

SUBTOTAL UNDISTRIBUTED ......................................................... 82,700 

TOTAL OPERATION & MAINTENANCE, ARMY RES ............. 14,559 110,359 

OPERATION & MAINTENANCE, ARNG 

OPERATING FORCES 

010 MANEUVER UNITS ...................................................................................... 5,585 5,585 

030 ECHELONS ABOVE BRIGADE ................................................................... 28,956 28,956 

040 THEATER LEVEL ASSETS ......................................................................... 10,272 10,272 

060 AVIATION ASSETS ....................................................................................... 5,621 5,621 

070 FORCE READINESS OPERATIONS SUPPORT ....................................... 9,694 9,694 

110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 1,500 

Increase Restoration & Modernization funding .................................... [1,500 ] 

SUBTOTAL OPERATING FORCES .................................................. 60,128 61,628 

UNDISTRIBUTED 

190 UNDISTRIBUTED ......................................................................................... 127,300 

Additional funding to support increase in Army National Guard end 

strength ................................................................................................. [127,300 ] 

SUBTOTAL UNDISTRIBUTED ......................................................... 127,300 

TOTAL OPERATION & MAINTENANCE, ARNG ...................... 60,128 188,928 

OPERATION & MAINTENANCE, NAVY 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ...................................... 500,000 500,000 

110 SHIP DEPOT MAINTENANCE .................................................................... 775,000 775,000 

290 SUSTAINMENT, RESTORATION AND MODERNIZATION ................... 19,270 45,370 

Increase Restoration & Modernization funding .................................... [26,100 ] 

300 BASE OPERATING SUPPORT .................................................................... 158,032 158,032 

SUBTOTAL OPERATING FORCES .................................................. 1,452,302 1,478,402 

MOBILIZATION 

350 EXPEDITIONARY HEALTH SERVICES SYSTEMS ................................. 3,597 3,597 

SUBTOTAL MOBILIZATION ............................................................. 3,597 3,597 

ADMIN & SRVWD ACTIVITIES 

540 SERVICEWIDE COMMUNICATIONS ......................................................... 25,617 25,617 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................................. 25,617 25,617 

TOTAL OPERATION & MAINTENANCE, NAVY ....................... 1,481,516 1,507,616 

OPERATION & MAINTENANCE, MARINE CORPS 

OPERATING FORCES 

010 OPERATIONAL FORCES ............................................................................. 300,000 300,000 

050 SUSTAINMENT, RESTORATION & MODERNIZATION ........................ 7,200 

Increase Restoration & Modernization funding .................................... [7,200 ] 

SUBTOTAL OPERATING FORCES .................................................. 300,000 307,200 

TOTAL OPERATION & MAINTENANCE, MARINE CORPS ... 300,000 307,200 

OPERATION & MAINTENANCE, NAVY RES 

OPERATING FORCES 

130 SUSTAINMENT, RESTORATION AND MODERNIZATION ................... 500 

Increase Restoration & Modernization funding .................................... [500 ] 

SUBTOTAL OPERATING FORCES .................................................. 500 

TOTAL OPERATION & MAINTENANCE, NAVY RES .............. 500 

OPERATION & MAINTENANCE, MC RESERVE 

OPERATING FORCES 

030 SUSTAINMENT, RESTORATION AND MODERNIZATION ................... 1,000 

Increase Restoration & Modernization funding .................................... [1,000 ] 


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SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

SUBTOTAL OPERATING FORCES .................................................. 1,000 

TOTAL OPERATION & MAINTENANCE, MC RESERVE ........ 1,000 

OPERATION & MAINTENANCE, AIR FORCE 

OPERATING FORCES 

040 DEPOT MAINTENANCE .............................................................................. 124,000 124,000 

050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 32,900 

Increase Restoration & Modernization funding .................................... [32,900 ] 

SUBTOTAL OPERATING FORCES .................................................. 124,000 156,900 

MOBILIZATION 

170 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 5,100 

Increase Restoration & Modernization funding .................................... [5,100 ] 

SUBTOTAL MOBILIZATION ............................................................. 5,100 

TRAINING AND RECRUITING 

220 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 4,700 

Increase Restoration & Modernization funding .................................... [4,700 ] 

SUBTOTAL TRAINING AND RECRUITING .................................. 4,700 

ADMIN & SRVWD ACTIVITIES 

370 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 6,400 

Increase Restoration & Modernization funding .................................... [6,400 ] 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................................. 6,400 

TOTAL OPERATION & MAINTENANCE, AIR FORCE ............ 124,000 173,100 

OPERATION & MAINTENANCE, AF RESERVE 

OPERATING FORCES 

040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 1,600 

Increase Restoration & Modernization funding .................................... [1,600 ] 

SUBTOTAL OPERATING FORCES .................................................. 1,600 

TOTAL OPERATION & MAINTENANCE, AF RESERVE ......... 1,600 

OPERATION & MAINTENANCE, ANG 

OPERATING FORCES 

040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 4,300 

Increase Restoration & Modernization funding .................................... [4,300 ] 

SUBTOTAL OPERATING FORCES .................................................. 4,300 

TOTAL OPERATION & MAINTENANCE, ANG ......................... 4,300 

OPERATION & MAINTENANCE, DEFENSE-WIDE 

OPERATING FORCES 

030 SPECIAL OPERATIONS COMMAND/OPERATING FORCES ................ 14,344 14,344 

SUBTOTAL OPERATING FORCES .................................................. 14,344 14,344 

ADMINISTRATION AND SERVICEWIDE ACTIVITIES 

130 DEFENSE INFORMATION SYSTEMS AGENCY ...................................... 14,700 14,700 

330 CLASSIFIED PROGRAMS ............................................................................ 9,000 9,000 

SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES ..................................................................................................... 23,700 23,700 

TOTAL OPERATION & MAINTENANCE, DEFENSE-WIDE ... 38,044 38,044 

TOTAL OPERATION & MAINTENANCE .................................... 3,604,722 4,881,122 

TITLE XLIV—MILITARY PERSONNEL 

SEC. 4401. MILITARY PERSONNEL. 

SEC. 4401. MILITARY PERSONNEL 

(In Thousands of Dollars) 

Item FY 2017 

Request 

Conference 

Authorized 

Military Personnel Appropriations ................................................................... 128,902,332 128,202,564 


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SEC. 4401. MILITARY PERSONNEL 

(In Thousands of Dollars) 

Item FY 2017 

Request 

Conference 

Authorized 

Military Personnel Pay Raise .................................................................................. [330,000 ] 

Marine Corps—Bonus Pay/PCS Resotral/Foreign Language Bonus .................. [49,000 ] 

Foreign currency adjustments ................................................................................. [–200,400 ] 

Historical unobligated balances .............................................................................. [–880,050 ] 

National Guard State Partnership Program, Army, Special Training ................ [841 ] 

National Guard State Partnership Program, Air Force, Special Training .......... [841 ] 

Medicare-Eligible Retiree Health Fund Contributions ................................ 6,366,908 6,366,908 

Total, Military Personnel ............................................................................. 135,269,240 134,569,472 

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS. 

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Item FY 2017 

Request 

Conference 

Authorized 

Military Personnel Appropriations ........................................ 3,644,161 3,644,161 

Total, Military Personnel Appropriations ..................... 3,644,161 3,644,161 

SEC. 4403. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS. 

SEC. 4403. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS 

FOR BASE REQUIREMENTS 

(In Thousands of Dollars) 

Item FY 2017 

Request 

Conference 

Authorized 

Military Personnel Appropriations ........................................ 62,965 1,350,465 

Fund Active Army End Strength to 476k .................................... [719,000 ] 

Fund Army National Guard End Strength to 343k .................... [129,600 ] 

Fund Army Reserves End Strength to 199k ................................ [53,300 ] 

Fund Active Navy End Strength to 323.9k .................................. [29,600 ] 

Fund Active Air Force End Strength to 321k .............................. [116,000 ] 

Fund Active Marine Corps End Strength to 185k ....................... [240,000 ] 

Total, Military Personnel .................................................. 62,965 1,350,465 

TITLE XLV—OTHER AUTHORIZATIONS 

SEC. 4501. OTHER AUTHORIZATIONS. 

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Program Title FY 2017 

Request 

Conference 

Authorized 

WORKING CAPITAL FUND, ARMY 

SUPPLY MANAGEMENT—ARMY ............................................. 56,469 56,469 

TOTAL WORKING CAPITAL FUND, ARMY ................. 56,469 56,469 

WORKING CAPITAL FUND, AIR FORCE 

SUPPLIES AND MATERIALS .................................................... 63,967 63,967 

TOTAL WORKING CAPITAL FUND, AIR FORCE ...... 63,967 63,967 

WORKING CAPITAL FUND, DEFENSE-WIDE 

SUPPLY CHAIN MANAGEMENT—DEF ................................... 37,132 37,132 


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SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Program Title FY 2017 

Request 

Conference 

Authorized 

TOTAL WORKING CAPITAL FUND, DEFENSEWIDE ................................................................................... 37,132 37,132 

WORKING CAPITAL FUND, DECA 

COMMISSARY .............................................................................. 1,214,045 1,214,045 

TOTAL WORKING CAPITAL FUND, DECA ................. 1,214,045 1,214,045 

CHEM AGENTS & MUNITIONS DESTRUCTION 

OPERATION & MAINTENANCE ............................................... 147,282 147,282 

RDT&E ........................................................................................... 388,609 388,609 

PROCUREMENT .......................................................................... 15,132 15,132 

TOTAL CHEM AGENTS & MUNITIONS DESTRUCTION ................................................................................... 551,023 551,023 

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE ....................................................................... 730,087 605,087 

Transfer to Defense Security Cooperation Agency ........ [–125,000 ] 

DRUG DEMAND REDUCTION PROGRAM .............................. 114,713 114,713 

TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF ................................................................. 844,800 719,800 

OFFICE OF THE INSPECTOR GENERAL 

OPERATION AND MAINTENANCE .......................................... 318,882 318,882 

RDT&E ........................................................................................... 3,153 3,153 

TOTAL OFFICE OF THE INSPECTOR GENERAL ..... 322,035 322,035 

DEFENSE HEALTH PROGRAM 

OPERATION & MAINTENANCE 

IN-HOUSE CARE ......................................................................... 9,240,160 9,240,160 

PRIVATE SECTOR CARE ........................................................... 15,738,759 15,738,759 

CONSOLIDATED HEALTH SUPPORT ..................................... 2,367,759 2,367,759 

INFORMATION MANAGEMENT ............................................... 1,743,749 1,743,749 

MANAGEMENT ACTIVITIES ..................................................... 311,380 311,380 

EDUCATION AND TRAINING ................................................... 743,231 743,231 

BASE OPERATIONS/COMMUNICATIONS ............................. 2,086,352 2,086,352 

SUBTOTAL OPERATION & MAINTENANCE ............. 32,231,390 32,231,390 

RDT&E 

RESEARCH ................................................................................... 9,097 9,097 

EXPLORATRY DEVELOPMENT ................................................ 58,517 58,517 

ADVANCED DEVELOPMENT .................................................... 221,226 221,226 

DEMONSTRATION/VALIDATION ............................................ 96,602 96,602 

ENGINEERING DEVELOPMENT .............................................. 364,057 364,057 

MANAGEMENT AND SUPPORT ............................................... 58,410 58,410 

CAPABILITIES ENHANCEMENT .............................................. 14,998 14,998 

SUBTOTAL RDT&E ........................................................... 822,907 822,907 

PROCUREMENT 

INITIAL OUTFITTING ................................................................ 20,611 20,611 

REPLACEMENT & MODERNIZATION .................................... 360,727 360,727 

JOINT OPERATIONAL MEDICINE INFORMATION SYSTEM ............................................................................................ 2,413 2,413 

DOD HEALTHCARE MANAGEMENT SYSTEM MODERNIZATION ............................................................................ 29,468 29,468 

SUBTOTAL PROCUREMENT .......................................... 413,219 413,219 

UNDISTRIBUTED 

Historical unobligated balances .................................... [–399,100 ] 

Reduction for unjustified travel expenses ..................... [–6,500 ] 

Reimbursement rates for Comprehensive Autism Care 

Demonstration program .............................................. [32,000 ] 

SUBTOTAL UNDISTRIBUTED ....................................... –373,600 


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874 

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Program Title FY 2017 

Request 

Conference 

Authorized 

TOTAL DEFENSE HEALTH PROGRAM ....................... 33,467,516 33,093,916 

TOTAL OTHER AUTHORIZATIONS ............................. 36,556,987 36,058,387 

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY 

OPERATIONS. 

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Program Title FY 2017 

Request 

Conference 

Authorized 

WORKING CAPITAL FUND, ARMY 

INDUSTRIAL OPERATIONS 

SUPPLY MANAGEMENT—ARMY ............................................. 46,833 46,833 

TOTAL WORKING CAPITAL FUND, ARMY ................. 46,833 46,833 

WORKING CAPITAL FUND, DEFENSE-WIDE 

DEFENSE LOGISTICS AGENCY (DLA) .................................... 93,800 93,800 

TOTAL WORKING CAPITAL FUND, DEFENSEWIDE ................................................................................... 93,800 93,800 

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE ....................................................................... 191,533 191,533 

TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF ................................................................. 191,533 191,533 

OFFICE OF THE INSPECTOR GENERAL 

OPERATION AND MAINTENANCE .......................................... 22,062 22,062 

TOTAL OFFICE OF THE INSPECTOR GENERAL ..... 22,062 22,062 

DEFENSE HEALTH PROGRAM 

OPERATION AND MAINTENANCE 

IN-HOUSE CARE ......................................................................... 95,366 95,366 

PRIVATE SECTOR CARE ........................................................... 235,620 235,620 

CONSOLIDATED HEALTH SUPPORT ..................................... 3,325 3,325 

SUBTOTAL OPERATION AND MAINTENANCE ........ 334,311 334,311 

TOTAL DEFENSE HEALTH PROGRAM ....................... 334,311 334,311 

UKRAINE SECURITY ASSISTANCE 

UKRAINE SECURITY ASSISTANCE ........................................ 350,000 

Program increase ............................................................ [350,000 ] 

TOTAL UKRAINE SECURITY ASSISTANCE .............. 350,000 

COUNTERTERRORISM PARTNERSHIPS FUND 

COUNTERTERRORISM PARTNERSHIPS FUND ................... 1,000,000 0 

Program decrease ........................................................... [–250,000 ] 

Transfer to Counter-ISIL Fund ..................................... [–750,000 ] 

TOTAL COUNTERTERRORISM PARTNERSHIPS 

FUND .................................................................................. 1,000,000 0 

TOTAL OTHER AUTHORIZATIONS ............................. 1,688,539 1,038,539 


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SEC. 4503. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY 

OPERATIONS FOR BASE REQUIREMENTS. 

SEC. 4503. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS 

(In Thousands of Dollars) 

Program Title FY 2017 

Request 

Conference 

Authorized 

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE ....................................................................... 23,800 23,800 

TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF ................................................................. 23,800 23,800 

TOTAL OTHER AUTHORIZATIONS ............................. 23,800 23,800 

TITLE XLVI—MILITARY CONSTRUCTION 

SEC. 4601. MILITARY CONSTRUCTION. 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account 

State/Country 

and Installation Project Title FY 2017 

Request 

Conference 

Authorized 

Alaska 

Army Fort Wainwright Unmanned Aerial Vehicle 

Hangar.

47,000 47,000 

California 

Army Concord Access Control Point .................. 12,600 12,600 

Colorado 

Army Fort Carson Automated Infantry Platoon 

Battle Course.

8,100 8,100 

Army Fort Carson Unmanned Aerial Vehicle 

Hangar.

5,000 5,000 

Cuba 

Army Guantanamo 

Bay 

Guantanamo Bay Naval Station Migration Complex.33,000 33,000 

Georgia 

Army Fort Gordon Access Control Point .................. 0 0 

Army Fort Gordon Company Operations Facility ... 0 10,600 

Army Fort Gordon Cyber Protection Team Ops Facility.90,000 90,000 

Army Fort Stewart Automated Qualification/ 

Training Range.

14,800 14,800 

Germany 

Army East Camp 

Grafenwoehr 

Training Support Center ........... 22,000 22,000 

Army Garmisch Dining Facility ........................... 9,600 9,600 

Army Wiesbaden 

Army Airfield 

Controlled Humidity Warehouse.16,500 16,500 

Army Wiesbaden 

Army Airfield 

Hazardous Material Storage 

Building.

2,700 2,700 

Hawaii 

Army Fort Shafter Command and Control Facility, 

Incr 2.

40,000 40,000 

Missouri 

Army Fort Leonard 

Wood 

Fire Station ................................ 0 6,900 

Texas 

Army Fort Hood Automated Infantry Platoon 

Battle Course.

7,600 7,600 


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SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account 

State/Country 

and Installation Project Title FY 2017 

Request 

Conference 

Authorized 

Utah 

Army Camp Williams Live Fire Exercise Shoothouse .. 7,400 7,400 

Virginia 

Army Fort Belvoir Secure Admin/Operations Facility, Incr 2.64,000 64,000 

Army Fort Belvoir Vehicle Maintenance Shop ........ 0 23,000 

Worldwide Unspecified 

Army Unspecified 

Worldwide 

Locations 

Host Nation Support FY17 ....... 18,000 18,000 

Army Unspecified 

Worldwide 

Locations 

Minor Construction FY17 ......... 25,000 35,000 

Army Unspecified 

Worldwide 

Locations 

Planning and Design FY17 ...... 80,159 80,159 

Military Construction, Army Total .................................... 503,459 553,959 

Arizona 

Navy Yuma VMX–22 Maintenance Hangar 48,355 48,355 

California 

Navy Coronado Coastal Campus Entry Control 

Point.

13,044 13,044 

Navy Coronado Coastal Campus Utilities Infrastructure.81,104 81,104 

Navy Coronado Grace Hopper Data Center 

Power Upgrades.

10,353 10,353 

Navy Lemoore F–35C Engine Repair Facility .. 26,723 26,723 

Navy Miramar Aircraft Maintenance Hangar, 

Incr 1.

0 79,399 

Navy Miramar Communications Complex & 

Infrastructure Upgrade.

0 34,700 

Navy Miramar F–35 Aircraft Parking Apron .... 0 40,000 

Navy San Diego Energy Security Hospital 

Microgrid.

6,183 0 

Navy Seal Beach Missile Magazines ..................... 21,007 21,007 

Florida 

Navy Eglin AFB WMD Field Training Facilities 20,489 20,489 

Navy Mayport NS Advanced Wastewater Treatment Plant.0 0 

Navy Pensacola A-School Dormitory ................... 0 0 

Guam 

Navy Joint Region 

Marianas 

Hardening of Guam POL Infrastructure.26,975 26,975 

Navy Joint Region 

Marianas 

Power Upgrade—Harmon ......... 62,210 62,210 

Hawaii 

Navy Barking 

Sands 

Upgrade Power Plant & Electrical Distrib Sys.43,384 43,384 

Navy Kaneohe Bay Regimental Consolidated 

Comm/Elec Facility.

72,565 72,565 

Japan 

Navy Kadena AB Aircraft Maintenance Complex 26,489 26,489 

Navy Sasebo Shore Power (Juliet Pier) .......... 16,420 16,420 

Maine 

Navy Kittery Unaccompanied Housing .......... 17,773 17,773 

Navy Kittery Utility Improvements for Nuclear Platforms.30,119 30,119 

Maryland 


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SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account 

State/Country 

and Installation Project Title FY 2017 

Request 

Conference 

Authorized 

Navy Patuxent 

River 

UCLASS RDT&E Hangar ........ 40,576 40,576 

Nevada 

Navy Fallon Air Wing Simulator Facility ..... 13,523 13,523 

North Carolina 

Navy Camp 

Lejeune 

Range Facilities Safety Improvements.18,482 18,482 

Navy Cherry Point Central Heating Plant Conversion.12,515 12,515 

South Carolina 

Navy Beaufort Aircraft Maintenance Hangar .. 83,490 83,490 

Navy Parris Island Recruit Reconditioning Center 

& Barracks.

29,882 29,882 

Spain 

Navy Rota Communication Station ............ 23,607 23,607 

Virginia 

Navy Norfolk Chambers Field Magazine 

Recap Ph I.

0 27,000 

Washington 

Navy Bangor SEAWOLF Class Service Pier .. 0 73,000 

Navy Bangor Service Pier Electrical Upgrades.18,939 18,939 

Navy Bangor Submarine Refit Maint Support 

Facility.

21,476 21,476 

Navy Bremerton Nuclear Repair Facility ............. 6,704 6,704 

Navy Whidbey Island EA–18G Maintenance Hangar .. 45,501 45,501 

Navy Whidbey Island 

Triton Mission Control Facility 30,475 30,475 

Worldwide Unspecified 

Navy Unspecified 

Worldwide 

Locations 

Planning and Design ................ 88,230 88,230 

Navy Unspecified 

Worldwide 

Locations 

Unspecified Minor Construction 29,790 29,790 

Navy Various 

Worldwide 

Locations 

Triton Forward Operating Base 

Hangar.

41,380 41,380 

Military Construction, Navy Total .................................... 1,027,763 1,275,679 

Alabama 

AF Maxwell AFB Jag School Expansion ............... 0 15,500 

Alaska 

AF Clear AFS Fire Station ................................ 20,000 20,000 

AF Eielson AFB F–35A ADAL Field Training 

Detachment Fac.

22,100 22,100 

AF Eielson AFB F–35A Aircraft Weather Shelter 

(Sqd 2).

82,300 82,300 

AF Eielson AFB F–35A Aircraft Weather Shelters (Sqd 1).79,500 79,500 

AF Eielson AFB F–35A Earth Covered Magazines.11,300 11,300 

AF Eielson AFB F–35A Hangar/Propulsion 

MX/Dispatch.

44,900 44,900 

AF Eielson AFB F–35A Hangar/Squad Ops/ 

AMU Sq #2.

42,700 42,700 

AF Eielson AFB F–35A Missile Maintenance Facility.12,800 12,800 


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SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account 

State/Country 

and Installation Project Title FY 2017 

Request 

Conference 

Authorized 

AF Joint Base 

ElmendorfRichardson 

Add/Alter AWACS Alert Hangar.

29,000 29,000 

Arizona 

AF Luke AFB F–35A Squad Ops/Aircraft 

Maint Unit #5.

20,000 20,000 

Australia 

AF Darwin APR—Aircraft MX Support Facility.1,800 1,800 

AF Darwin APR—Expand Parking Apron .. 28,600 28,600 

California 

AF Edwards 

AFB 

Flightline Fire Station .............. 24,000 24,000 

Colorado 

AF Buckley AFB Small Arms Range Complex ..... 13,500 13,500 

Delaware 

AF Dover AFB Aircraft Maintenance Hangar .. 39,000 39,000 

Florida 

AF Eglin AFB Advanced Munitions Technology Complex.75,000 75,000 

AF Eglin AFB Dormitories (288 rooms) ............ 0 35,000 

AF Eglin AFB Flightline Fire Station .............. 13,600 13,600 

AF Patrick AFB Fire/Crash Rescue Station ....... 13,500 13,500 

Georgia 

AF Moody AFB Personnel Recovery 4-Bay 

Hangar/Helo MX Unit.

30,900 30,900 

Germany 

AF Ramstein AB 37 AS Squadron Operations/ 

Aircraft Maint Unit.

13,437 13,437 

AF Spangdahlem 

AB 

EIC—Site Development and Infrastructure.43,465 43,465 

Guam 

AF Joint Region 

Marianas 

APR—Munitions Storage Igloos, Ph 2.35,300 35,300 

AF Joint Region 

Marianas 

APR—SATCOM C4I Facility ... 14,200 14,200 

AF Joint Region 

Marianas 

Block 40 Maintenance Hangar 31,158 31,158 

Illinois 

AF Scott AFB Consolidated Corrosion Facility 

add/alter.

0 41,000 

Japan 

AF Kadena AB APR—Replace Munitions Structures.19,815 19,815 

AF Yokota AB C–130J Corrosion Control 

Hangar.

23,777 23,777 

AF Yokota AB Construct Combat Arms Training & Maint Fac.8,243 8,243 

Kansas 

AF McConnell 

AFB 

Air Traffic Control Tower ......... 11,200 11,200 

AF McConnell 

AFB 

KC–46A ADAL Taxiway Delta 5,600 5,600 

AF McConnell 

AFB 

KC–46A Alter Flight Simulator 

Bldgs.

3,000 3,000 

Louisiana 

AF Barksdale 

AFB 

Consolidated Communication 

Facility.

21,000 21,000 

Mariana Islands 

AF Unspecified 

Location 

APR—Land Acquisition ............ 9,000 9,000 

Maryland 


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SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account 

State/Country 

and Installation Project Title FY 2017 

Request 

Conference 

Authorized 

AF Joint Base 

Andrews 

21 Points Enclosed Firing 

Range.

13,000 13,000 

AF Joint Base 

Andrews 

Consolidated Communications 

Center.

0 50,000 

AF Joint Base 

Andrews 

PAR Relocate JADOC Satellite 

Site.

3,500 3,500 

Massachusetts 

AF Hanscom 

AFB 

Construct Vandenberg Gate 

Complex.

0 10,965 

AF Hanscom 

AFB 

System Management Engineering Facility.20,000 20,000 

Montana 

AF Malmstrom 

AFB 

Missile Maintenance Facility .... 14,600 14,600 

Nevada 

AF Nellis AFB F–35A POL Fill Stand Addition.10,600 10,600 

New Mexico 

AF Cannon AFB North Fitness Center ................. 21,000 21,000 

AF Holloman 

AFB 

Hazardous Cargo Pad and 

Taxiway.

10,600 10,600 

AF Kirtland AFB Combat Rescue Helicopter Simulator.7,300 7,300 

Ohio 

AF Wright-Patterson AFB Relocated Entry Control Facility 26A.12,600 12,600 

Oklahoma 

AF Altus AFB KC–46A FTU/FTC Simulator 

Facility Ph 2.

11,600 11,600 

AF Tinker AFB E–3G Mission and Flight Simulator Training Facility.0 26,000 

AF Tinker AFB KC–46A Depot System Integration Laboratory.17,000 17,000 

South Carolina 

AF Joint Base 

Charleston 

Fire & Rescue Station ............... 0 17,000 

Texas 

AF Joint Base 

San Antonio 

BMT Recruit Dormitory 6 ......... 67,300 67,300 

Turkey 

AF Incirlik AB Airfield Fire/Crash Rescue Station.13,449 13,449 

United Arab 

Emirates 

AF Al Dhafra Large Aircraft Maintenance 

Hangar.

35,400 35,400 

United Kingdom 

AF RAF 

Croughton 

JIAC Consolidation—Ph 3 ....... 53,082 53,082 

AF RAF 

Croughton 

Main Gate Complex ................... 16,500 16,500 

Utah 

AF Hill AFB 649 MUNS Munitions Storage 

Magazines.

6,600 6,600 

AF Hill AFB 649 MUNS Precision Guided 

Missile MX Facility.

8,700 8,700 

AF Hill AFB 649 MUNS STAMP/Maint & 

Inspection Facility.

12,000 12,000 

AF Hill AFB Composite Aircraft Antenna 

Calibration Fac.

7,100 7,100 


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SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account 

State/Country 

and Installation Project Title FY 2017 

Request 

Conference 

Authorized 

AF Hill AFB F–35A Munitions Maintenance 

Complex.

10,100 10,100 

Virginia 

AF Joint Base 

LangleyEustis 

Air Force Targeting Center ....... 45,000 45,000 

AF Joint Base 

LangleyEustis 

Fuel System Maintenance Dock 14,200 14,200 

Washington 

AF Fairchild 

AFB 

Pipeline Dorm, USAF SERE 

School (150 RM).

27,000 27,000 

Worldwide Unspecified 

AF Various 

Worldwide 

Locations 

Planning & Design .................... 143,582 143,582 

AF Various 

Worldwide 

Locations 

Unspecified Minor Military 

Construction.

30,000 40,000 

Wyoming 

AF F. E. Warren 

AFB 

Missile Transfer Facility Bldg 

4331.

5,550 5,550 

Military Construction, Air Force Total ............................ 1,481,058 1,686,523 

Alaska 

Def-Wide Clear AFS Long Range Discrim Radar Sys 

Complex Ph 1.

155,000 155,000 

Def-Wide Fort Greely Missile Defense Complex 

Switchgear Facility.

9,560 9,560 

Def-Wide Joint Base 

ElmendorfRichardson 

Construct Truck Offload Facility.4,900 4,900 

Arizona 

Def-Wide Fort 

Huachuca 

JITC Building 52110 Renovation.4,493 4,493 

California 

Def-Wide Coronado SOF Human Performance 

Training Center.

15,578 15,578 

Def-Wide Coronado SOF Seal Team Ops Facility .... 47,290 47,290 

Def-Wide Coronado SOF Seal Team Ops Facility .... 47,290 47,290 

Def-Wide Coronado SOF Special RECON Team 

ONE Operations Fac.

20,949 20,949 

Def-Wide Coronado SOF Training Detachment 

ONE Ops Facility.

44,305 44,305 

Def-Wide Travis AFB Replace Hydrant Fuel System .. 26,500 26,500 

Delaware 

Def-Wide Dover AFB Welch ES/Dover MS Replacement.44,115 44,115 

Diego Garcia 

Def-Wide Diego Garcia Improve Wharf Refueling Capability.30,000 30,000 

Florida 

Def-Wide Patrick AFB Replace Fuel Tanks ................... 10,100 10,100 

Georgia 

Def-Wide Fort Benning SOF Tactical Unmanned Aerial 

Vehicle Hangar.

4,820 4,820 

Def-Wide Fort Gordon Medical Clinic Replacement ..... 25,000 25,000 

Germany 

Def-Wide Kaiserlautern 

AB 

Sembach Elementary/Middle 

School Replacement.

45,221 45,221 


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SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account 

State/Country 

and Installation Project Title FY 2017 

Request 

Conference 

Authorized 

Def-Wide Rhine Ordnance Barracks 

Medical Center Replacement 

Incr 6.

58,063 58,063 

Japan 

Def-Wide Iwakuni Construct Truck Offload & 

Loading Facilities.

6,664 6,664 

Def-Wide Kadena AB Kadena Elementary School Replacement.84,918 84,918 

Def-Wide Kadena AB Medical Materiel Warehouse .... 20,881 20,881 

Def-Wide Kadena AB SOF Maintenance Hangar ........ 42,823 42,823 

Def-Wide Kadena AB SOF Simulator Facility (MC– 

130).

12,602 12,602 

Def-Wide Yokota AB Airfield Apron ............................ 41,294 41,294 

Def-Wide Yokota AB Hangar/AMU ............................ 39,466 39,466 

Def-Wide Yokota AB Operations and Warehouse Facilities.26,710 26,710 

Def-Wide Yokota AB Simulator Facility ..................... 6,261 6,261 

Kwajalein 

Def-Wide Kwajalein 

Atoll 

Replace Fuel Storage Tanks ..... 85,500 85,500 

Maine 

Def-Wide Kittery Medical/Dental Clinic Replacement.27,100 27,100 

Maryland 

Def-Wide Bethesda 

Naval Hospital 

MEDCEN Addition/Alteration 

Incr 1.

50,000 50,000 

Def-Wide Fort Meade Access Control Facility .............. 21,000 21,000 

Def-Wide Fort Meade NSAW Campus Feeders Phase 

3.

17,000 17,000 

Def-Wide Fort Meade NSAW Recapitalize Building #2 

Incr 2.

195,000 195,000 

Missouri 

Def-Wide St. Louis Land Acquisition—Next NGA 

West Campus.

801 801 

North Carolina 

Def-Wide Camp 

Lejeune 

Dental Clinic Replacement ....... 31,000 31,000 

Def-Wide Fort Bragg SOF Combat Medic Training 

Facility.

10,905 10,905 

Def-Wide Fort Bragg SOF Parachute Rigging Facility.21,420 21,420 

Def-Wide Fort Bragg SOF Special Tactics Facility 

(Ph 3).

30,670 30,670 

Def-Wide Fort Bragg SOF Tactical Equipment Maintenance Facility.23,598 23,598 

South Carolina 

Def-Wide Joint Base 

Charleston 

Construct Hydrant Fuel System 17,000 17,000 

Texas 

Def-Wide Red River 

Army 

Depot 

Construct Warehouse & Open 

Storage.

44,700 44,700 

Def-Wide Sheppard 

AFB 

Medical/Dental Clinic Replacement.91,910 91,910 

United Kingdom 

Def-Wide RAF 

Croughton 

Croughton Elem/Middle/High 

School Replacement.

71,424 71,424 

Def-Wide RAF 

Lakenheath 

Construct Hydrant Fuel System 13,500 13,500 

Virginia 


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SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account 

State/Country 

and Installation Project Title FY 2017 

Request 

Conference 

Authorized 

Def-Wide Pentagon Pentagon Metro Entrance Facility.12,111 12,111 

Def-Wide Pentagon Upgrade IT Facilities Infrastructure—RRMC.8,105 8,105 

Wake Island 

Def-Wide Wake Island Test Support Facility ................. 11,670 11,670 

Worldwide Unspecified 

Def-Wide Unspecified 

Worldwide 

Locations 

Battalion Complex ..................... 0 0 

Def-Wide Unspecified 

Worldwide 

Locations 

Contingency Construction ......... 10,000 0 

Def-Wide Unspecified 

Worldwide 

Locations 

Energy Conservation Investment Program Design.10,000 0 

Def-Wide Unspecified 

Worldwide 

Locations 

Energy Conservation Investment Program.150,000 150,000 

Def-Wide Unspecified 

Worldwide 

Locations 

Exercise Related Minor Construction.8,631 8,631 

Def-Wide Unspecified 

Worldwide 

Locations 

Planning and Design, Defense 

Wide.

13,450 23,450 

Def-Wide Unspecified 

Worldwide 

Locations 

Planning and Design, DODEA 23,585 23,585 

Def-Wide Unspecified 

Worldwide 

Locations 

Planning and Design, NGA ...... 71,647 36,000 

Def-Wide Unspecified 

Worldwide 

Locations 

Planning and Design, NSA ...... 24,000 24,000 

Def-Wide Unspecified 

Worldwide 

Locations 

Planning and Design, WHS ...... 3,427 3,427 

Def-Wide Unspecified 

Worldwide 

Locations 

Unspecified Minor Construction 3,000 3,000 

Def-Wide Unspecified 

Worldwide 

Locations 

Unspecified Minor Construction 3,000 3,000 

Def-Wide Unspecified 

Worldwide 

Locations 

Unspecified Minor Construction 5,994 5,994 

Def-Wide Unspecified 

Worldwide 

Locations 

Unspecified Minor Construction 8,500 8,500 

Def-Wide Unspecified 

Worldwide 

Locations 

Unspecified Minor Milcon ......... 3,913 3,913 

Def-Wide Unspecified 

Worldwide 

Locations 

Worldwide Unspecified Minor 

Construction.

2,414 2,414 

Def-Wide Various 

Worldwide 

Locations 

Planning & Design, DLA .......... 27,660 27,660 

Def-Wide Various 

Worldwide 

Locations 

Planning and Design, SOCOM 27,653 27,653 


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SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account 

State/Country 

and Installation Project Title FY 2017 

Request 

Conference 

Authorized 

Worldwide Unspecified Locations 

Def-Wide Unspecified 

Worldwide 

Locations 

Planning & Design, MDA ......... 0 15,000 

Military Construction, Defense-Wide Total ..................... 2,056,091 2,025,444 

Worldwide Unspecified 

NATO NATO Security Investment Program 

NATO Security Investment Program.177,932 177,932 

NATO Security Investment Program Total ..................... 177,932 177,932 

Colorado 

Army NG Fort Carson National Guard Readiness Center.0 16,500 

Hawaii 

Army NG Hilo Combined Support Maintenance Shop.31,000 31,000 

Iowa 

Army NG Davenport National Guard Readiness Center.23,000 23,000 

Kansas 

Army NG Fort Leavenworth National Guard Readiness Center.29,000 29,000 

New Hampshire 

Army NG Hooksett National Guard Vehicle Maintenance Shop.11,000 11,000 

Army NG Rochester National Guard Vehicle Maintenance Shop.8,900 8,900 

Oklahoma 

Army NG Ardmore National Guard Readiness Center.22,000 22,000 

Pennsylvania 

Army NG Fort 

Indiantown 

Gap 

Access Control Buildings .......... 0 20,000 

Army NG York National Guard Readiness Center.9,300 9,300 

Rhode Island 

Army NG East Greenwich National Guard/Reserve Center 

Building (JFHQ).

20,000 20,000 

Utah 

Army NG Camp Williams National Guard Readiness Center.37,000 37,000 

Worldwide Unspecified 

Army NG Unspecified 

Worldwide 

Locations 

Planning and Design ................ 8,729 8,729 

Army NG Unspecified 

Worldwide 

Locations 

Unspecified Minor Construction 12,001 12,001 

Wyoming 

Army NG Camp Guernsey General Instruction Building ... 0 31,000 


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SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account 

State/Country 

and Installation Project Title FY 2017 

Request 

Conference 

Authorized 

Army NG Laramie National Guard Readiness Center.21,000 21,000 

Military Construction, Army National Guard Total ..... 232,930 300,430 

Arizona 

Army Res Phoenix Army Reserve Center ................. 0 30,000 

California 

Army Res Barstow Equipment Concentration Site 0 0 

Army Res Camp Parks Transient Training Barracks ... 19,000 19,000 

Army Res Fort Hunter 

Liggett 

Emergency Services Center ....... 21,500 21,500 

Virginia 

Army Res Dublin Organizational Maintenance 

Shop/AMSA.

6,000 6,000 

Washington 

Army Res Joint Base 

LewisMcChord 

Army Reserve Center ................. 0 0 

Wisconsin 

Army Res Fort McCoy AT/MOB Dining Facility ......... 11,400 11,400 

Worldwide Unspecified 

Army Res Unspecified 

Worldwide 

Locations 

Planning and Design ................ 7,500 7,500 

Army Res Unspecified 

Worldwide 

Locations 

Unspecified Minor Construction 2,830 2,830 

Military Construction, Army Reserve Total ..................... 68,230 98,230 

Louisiana 

N/MC Res New Orleans Joint Reserve Intelligence Center.11,207 11,207 

New York 

N/MC Res Brooklyn Electric Feeder Ductbank .......... 1,964 1,964 

N/MC Res Syracuse Marine Corps Reserve Center ... 13,229 13,229 

Texas 

N/MC Res Galveston Reserve Center Annex ................ 8,414 8,414 

Worldwide Unspecified 

N/MC Res Unspecified 

Worldwide 

Locations 

MCNR Planning & Design ....... 3,783 3,783 

Military Construction, Naval Reserve Total ................... 38,597 38,597 

Connecticut 

Air NG Bradley IAP Construct Small Air Terminal 6,300 6,300 

Florida 

Air NG Jacksonville 

IAP 

Replace Fire Crash/Rescue Station.9,000 9,000 

Hawaii 

Air NG Joint Base 

Pearl Harbor-Hickam 

F–22 Composite Repair Facility 11,000 11,000 

Iowa 

Air NG Sioux Gateway Airport 

Construct Consolidated Support 

Functions.

12,600 12,600 

Maryland 


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SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account 

State/Country 

and Installation Project Title FY 2017 

Request 

Conference 

Authorized 

Air NG Joint Base 

Andrews 

Munitions Load Crew Trng/ 

Corrosion Cntrl Facility.

0 5,000 

Minnesota 

Air NG Duluth IAP Load Crew Training/Weapon 

Shops.

7,600 7,600 

New Hampshire 

Air NG Pease International 

Trade Port 

KC–46A Install Fuselage Trainer Bldg 251.1,500 1,500 

North Carolina 

Air NG Charlotte/ 

Douglas 

IAP 

C–17 Corrosion Control/Fuel 

Cell Hangar.

29,600 29,600 

Air NG Charlotte/ 

Douglas 

IAP 

C–17 Type III Hydrant Refueling System.21,000 21,000 

Ohio 

Air NG Toledo Express Airport 

Indoor Small Arms Range ........ 0 6,000 

South Carolina 

Air NG McEntire 

ANGS 

Replace Operations and Training Facility.8,400 8,400 

Texas 

Air NG Ellington 

Field 

Consolidate Crew Readiness 

Facility.

4,500 4,500 

Vermont 

Air NG Burlington 

IAP 

F–35 Beddown 4-Bay Flight 

Simulator.

4,500 4,500 

Worldwide Unspecified 

Air NG Unspecified 

Worldwide 

Locations 

Unspecified Minor Construction 17,495 17,495 

Air NG Various 

Worldwide 

Locations 

Planning and Design ................ 10,462 10,462 

Military Construction, Air National Guard Total ......... 143,957 154,957 

Guam 

AF Res Andersen 

AFB 

Reserve Medical Training Facility.0 0 

Massachusetts 

AF Res Westover 

ARB 

Indoor Small Arms Range ........ 0 0 

North Carolina 

AF Res Seymour 

Johnson 

AFB 

KC–46A ADAL Bldg for AGE/ 

Fuselage Training.

5,700 5,700 

AF Res Seymour 

Johnson 

AFB 

KC–46A ADAL Squadron Operations Facilities.2,250 2,250 

AF Res Seymour 

Johnson 

AFB 

KC–46A Two Bay Corrosion/ 

Fuel Cell Hangar.

90,000 90,000 

Pennsylvania 

AF Res Pittsburgh 

IAP 

C–17 ADAL Fuel Hydrant System.22,800 22,800 

AF Res Pittsburgh 

IAP 

C–17 Const/OverlayTaxiway 

and Apron.

8,200 8,200 


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SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account 

State/Country 

and Installation Project Title FY 2017 

Request 

Conference 

Authorized 

AF Res Pittsburgh 

IAP 

C–17 Construct Two Bay Corrosion/Fuel Hangar.54,000 54,000 

Utah 

AF Res Hill AFB ADAL Life Support Facility ...... 0 0 

Worldwide Unspecified 

AF Res Unspecified 

Worldwide 

Locations 

Planning & Design .................... 4,500 4,500 

AF Res Unspecified 

Worldwide 

Locations 

Unspecified Minor Construction 1,500 1,500 

Military Construction, Air Force Reserve Total ............. 188,950 188,950 

Korea 

FH Con Army Camp Humphreys Family Housing New Construction, Incr 1.143,563 100,000 

FH Con Army Camp Walker Family Housing New Construction.54,554 54,554 

Worldwide Unspecified 

FH Con Army Unspecified 

Worldwide 

Locations 

Planning & Design .................... 2,618 2,618 

Family Housing Construction, Army Total ..................... 200,735 157,172 

Worldwide Unspecified 

FH Ops Army Unspecified 

Worldwide 

Locations 

Furnishings ................................ 10,178 10,178 

FH Ops Army Unspecified 

Worldwide 

Locations 

Housing Privatization Support 19,146 19,146 

FH Ops Army Unspecified 

Worldwide 

Locations 

Leasing ....................................... 131,761 131,761 

FH Ops Army Unspecified 

Worldwide 

Locations 

Maintenance ............................... 60,745 60,745 

FH Ops Army Unspecified 

Worldwide 

Locations 

Management .............................. 40,344 40,344 

FH Ops Army Unspecified 

Worldwide 

Locations 

Miscellaneous ............................. 400 400 

FH Ops Army Unspecified 

Worldwide 

Locations 

Services ....................................... 7,993 7,993 

FH Ops Army Unspecified 

Worldwide 

Locations 

Utilities ....................................... 55,428 55,428 

Family Housing Operation And Maintenance, Army 

Total.

325,995 325,995 

Mariana Islands 

FH Con Navy Guam Replace Andersen Housing Ph I 78,815 78,815 


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SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account 

State/Country 

and Installation Project Title FY 2017 

Request 

Conference 

Authorized 

Worldwide Unspecified 

FH Con Navy Unspecified 

Worldwide 

Locations 

Construction Improvements ...... 11,047 11,047 

FH Con Navy Unspecified 

Worldwide 

Locations 

Planning & Design .................... 4,149 4,149 

Family Housing Construction, Navy And Marine 

Corps Total.

94,011 94,011 

Worldwide Unspecified 

FH Ops Navy Unspecified 

Worldwide 

Locations 

Furnishings ................................ 17,457 17,457 

FH Ops Navy Unspecified 

Worldwide 

Locations 

Housing Privatization Support 26,320 26,320 

FH Ops Navy Unspecified 

Worldwide 

Locations 

Leasing ....................................... 54,689 54,689 

FH Ops Navy Unspecified 

Worldwide 

Locations 

Maintenance ............................... 81,254 81,254 

FH Ops Navy Unspecified 

Worldwide 

Locations 

Management .............................. 51,291 51,291 

FH Ops Navy Unspecified 

Worldwide 

Locations 

Miscellaneous ............................. 364 364 

FH Ops Navy Unspecified 

Worldwide 

Locations 

Services ....................................... 12,855 12,855 

FH Ops Navy Unspecified 

Worldwide 

Locations 

Utilities ....................................... 56,685 56,685 

Family Housing Operation And Maintenance, Navy 

And Marine Corps Total.

300,915 300,915 

Worldwide Unspecified 

FH Con AF Unspecified 

Worldwide 

Locations 

Construction Improvements ...... 56,984 56,984 

FH Con AF Unspecified 

Worldwide 

Locations 

Planning & Design .................... 4,368 4,368 

Family Housing Construction, Air Force Total .............. 61,352 61,352 

Worldwide Unspecified 

FH Ops AF Unspecified 

Worldwide 

Locations 

Furnishings ................................ 31,690 31,690 

FH Ops AF Unspecified 

Worldwide 

Locations 

Housing Privatization Support 41,809 41,809 


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SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account 

State/Country 

and Installation Project Title FY 2017 

Request 

Conference 

Authorized 

FH Ops AF Unspecified 

Worldwide 

Locations 

Leasing ....................................... 20,530 20,530 

FH Ops AF Unspecified 

Worldwide 

Locations 

Maintenance ............................... 85,469 85,469 

FH Ops AF Unspecified 

Worldwide 

Locations 

Management .............................. 42,919 42,919 

FH Ops AF Unspecified 

Worldwide 

Locations 

Miscellaneous ............................. 1,745 1,745 

FH Ops AF Unspecified 

Worldwide 

Locations 

Services ....................................... 13,026 13,026 

FH Ops AF Unspecified 

Worldwide 

Locations 

Utilities ....................................... 37,241 37,241 

Family Housing Operation And Maintenance, Air 

Force Total.

274,429 274,429 

Worldwide Unspecified 

FH Ops DW Unspecified 

Worldwide 

Locations 

Furnishings ................................ 20 20 

FH Ops DW Unspecified 

Worldwide 

Locations 

Furnishings ................................ 500 500 

FH Ops DW Unspecified 

Worldwide 

Locations 

Furnishings ................................ 399 399 

FH Ops DW Unspecified 

Worldwide 

Locations 

Leasing ....................................... 40,984 40,984 

FH Ops DW Unspecified 

Worldwide 

Locations 

Leasing ....................................... 11,044 11,044 

FH Ops DW Unspecified 

Worldwide 

Locations 

Maintenance ............................... 349 349 

FH Ops DW Unspecified 

Worldwide 

Locations 

Maintenance ............................... 800 800 

FH Ops DW Unspecified 

Worldwide 

Locations 

Management .............................. 388 388 

FH Ops DW Unspecified 

Worldwide 

Locations 

Services ....................................... 32 32 

FH Ops DW Unspecified 

Worldwide 

Locations 

Utilities ....................................... 4,100 4,100 

FH Ops DW Unspecified 

Worldwide 

Locations 

Utilities ....................................... 174 174 

FH Ops DW Unspecified 

Worldwide 

Locations 

Utilities ....................................... 367 367 


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SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account 

State/Country 

and Installation Project Title FY 2017 

Request 

Conference 

Authorized 

Family Housing Operation And Maintenance, Defense-Wide Total.59,157 59,157 

Worldwide Unspecified 

FHIF Unspecified 

Worldwide 

Locations 

Program Expenses ..................... 3,258 3,258 

DoD Family Housing Improvement Fund Total ............. 3,258 3,258 

Worldwide Unspecified 

BRAC Base Realignment & 

Closure, 

Army 

Base Realignment and Closure 14,499 24,499 

Base Realignment and Closure—Army Total .................. 14,499 24,499 

Worldwide Unspecified 

BRAC Base Realignment & 

Closure, 

Navy 

Base Realignment & Closure .... 110,606 135,606 

BRAC Unspecified 

Worldwide 

Locations 

DON–100: Planning, Design 

and Management.

4,604 4,604 

BRAC Unspecified 

Worldwide 

Locations 

DON–101: Various Locations ... 10,461 10,461 

BRAC Unspecified 

Worldwide 

Locations 

DON–138: NAS Brunswick, ME 557 557 

BRAC Unspecified 

Worldwide 

Locations 

DON–157: MCSA Kansas City, 

MO.

100 100 

BRAC Unspecified 

Worldwide 

Locations 

DON–172: NWS Seal Beach, 

Concord, CA.

4,648 4,648 

BRAC Unspecified 

Worldwide 

Locations 

DON–84: JRB Willow Grove & 

Cambria Reg AP.

3,397 3,397 

Base Realignment and Closure—Navy Total .................. 134,373 159,373 

Worldwide Unspecified 

BRAC Unspecified 

Worldwide 

Locations 

DoD BRAC Activities—Air 

Force.

56,365 56,365 

Base Realignment and Closure—Air Force Total .......... 56,365 56,365 

Worldwide Unspecified 

PYS Unspecified 

Worldwide 

Locations 

Planning and Design, Defense 

Wide.

0 –30,000 

PYS Worldwide Air Force .................................... 0 –51,460 

PYS Worldwide Army ........................................... 0 –29,602 

PYS Worldwide Defense-Wide .............................. 0 –141,600 


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SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account 

State/Country 

and Installation Project Title FY 2017 

Request 

Conference 

Authorized 

PYS Worldwide Navy ........................................... 0 0 

Worldwide Unspecified Locations 

PYS Worldwide HAP ............................................ 0 –25,000 

PYS Worldwide NSIP ........................................... 0 –30,000 

Prior Year Savings Total ..................................................... 0 –307,662 

Total, Military Construction ............................................... 7,444,056 7,709,565 

SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY 

OPERATIONS. 

SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Account 

State/Country 

and Installation Project Title FY 2017 

Request 

Conference 

Authorized 

Worldwide Unspecified 

Army Unspecified 

Worldwide 

Locations 

ERI: Planning and Design .......... 18,900 18,900 

Military Construction, Army Total ........................................ 18,900 18,900 

Iceland 

Navy Keflavik ERI: P–8A Aircraft Rinse Rack ... 5,000 5,000 

Navy Keflavik ERI: P–8A Hangar Upgrade ....... 14,600 14,600 

Worldwide Unspecified 

Navy Unspecified 

Worldwide 

Locations 

ERI: Planning and Design .......... 1,800 1,800 

Military Construction, Navy Total ........................................ 21,400 21,400 

Bulgaria 

AF Graf Ignatievo ERI: Construct Sq Ops/Operational Alert Fac.3,800 3,800 

AF Graf Ignatievo ERI: Fighter Ramp Extension ..... 7,000 7,000 

AF Graf Ignatievo ERI: Upgrade Munitions Storage 

Area.

2,600 2,600 

Djibouti 

AF Chabelley Airfield OCO: Construct Chabelley Access 

Road.

3,600 3,600 

AF Chabelley Airfield OCO: Construct Parking Apron 

and Taxiway.

6,900 6,900 

Estonia 

AF Amari AB ERI: Construct Bulk Fuel Storage.6,500 6,500 

Germany 

AF Spangdahlem 

AB 

ERI: Construct High Cap Trim 

Pad & Hush House.

1,000 1,000 

AF Spangdahlem 

AB 

ERI: F/A–22 Low Observable/ 

Comp Repair Fac.

12,000 12,000 

AF Spangdahlem 

AB 

ERI: F/A–22 Upgrade Infrastructure/Comm/Util.1,600 1,600 


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SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Account 

State/Country 

and Installation Project Title FY 2017 

Request 

Conference 

Authorized 

AF Spangdahlem 

AB 

ERI: Upgrade Hardened Aircraft 

Shelters.

2,700 2,700 

AF Spangdahlem 

AB 

ERI: Upgrade Munitions Storage 

Doors.

1,400 1,400 

Lithuania 

AF Siauliai ERI: Munitions Storage ............... 3,000 3,000 

Poland 

AF Lask AB ERI: Construct Squadron Operations Facility.4,100 4,100 

AF Powidz AB ERI: Construct Squadron Operations Facility.

4,100 4,100 

Romania 

AF Campia 

Turzii 

ERI: Construct Munitions Storage Area.3,000 3,000 

AF Campia 

Turzii 

ERI: Construct Squadron Operations Facility.3,400 3,400 

AF Campia 

Turzii 

ERI: Construct Two-Bay Hangar 6,100 6,100 

AF Campia 

Turzii 

ERI: Extend Parking Aprons ...... 6,000 6,000 

Worldwide Unspecified 

AF Unspecified 

Worldwide 

Locations 

CTP: Planning and Design ......... 9,000 8,551 

AF Unspecified 

Worldwide 

Locations 

OCO: Planning and Design ......... 940 940 

Military Construction, Air Force Total ................................ 88,740 88,291 

Worldwide Unspecified 

Def-Wide Unspecified 

Worldwide 

Locations 

ERI: Unspecified Minor Construction.5,000 5,000 

Military Construction, Defense-Wide Total ......................... 5,000 5,000 

Total, Military Construction ................................................... 134,040 133,591 

SEC. 4603. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY 

OPERATIONS FOR BASE REQUIREMENTS. 

SEC. 4603. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE 

REQUIREMENTS 

(In Thousands of Dollars) 

Service State/Country and Installation Project FY 2017 

Request 

Conference 

Authorized 

Djibouti 

Navy Camp Lemonier OCO: Medical/Dental Facility ....................... 37,409 37,409 

Worldwide Unspecified 

Navy Unspecified Worldwide 

Locations 

Planning and Design ...................................... 1,000 1,000 

Military Construction, Navy Total ................................................................. 38,409 38,409 

Total, Military Construction ........................................................................... 38,409 38,409 


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TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL 

SECURITY PROGRAMS 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS. 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2017 

Request 

Conference 

Authorized 

Discretionary Summary By Appropriation 

Energy And Water Development, And Related Agencies 

Appropriation Summary: 

Energy Programs 

Nuclear Energy ............................................................... 151,876 136,616 

Atomic Energy Defense Activities 

National nuclear security administration: 

Weapons activities ................................................... 9,243,147 9,429,029 

Defense nuclear nonproliferation ........................... 1,807,916 1,886,916 

Naval reactors ......................................................... 1,420,120 1,417,620 

Federal salaries and expenses ................................ 412,817 395,517 

Total, National nuclear security administration 12,884,000 13,129,082 

Environmental and other defense activities: 

Defense environmental cleanup .............................. 5,382,050 5,273,558 

Other defense activities ........................................... 791,552 789,552 

Total, Environmental & other defense activities 6,173,602 6,063,110 

Total, Atomic Energy Defense Activities ....................... 19,057,602 19,192,192 

Total, Discretionary Funding ........................................................ 19,209,478 19,328,808 

Nuclear Energy 

Idaho sitewide safeguards and security ...................................... 129,303 129,303 

Idaho operations and maintenance ............................................. 7,313 7,313 

Consent Based Siting ................................................................... 15,260 0 

Denial of funds for defense-only repository ......................... [–15,260 ] 

Total, Nuclear Energy ..................................................................... 151,876 136,616 

Weapons Activities 

Directed stockpile work 

Life extension programs 

B61 Life extension program ........................................... 616,079 616,079 

W76 Life extension program .......................................... 222,880 222,880 

W88 Alt 370 .................................................................... 281,129 281,129 

W80–4 Life extension program ...................................... 220,253 220,253 

Total, Life extension programs ....................................... 1,340,341 1,340,341 

Stockpile systems 

B61 Stockpile systems .................................................... 57,313 57,313 

W76 Stockpile systems ................................................... 38,604 38,604 

W78 Stockpile systems ................................................... 56,413 56,413 

W80 Stockpile systems ................................................... 64,631 64,631 

B83 Stockpile systems .................................................... 41,659 41,659 

W87 Stockpile systems ................................................... 81,982 81,982 

W88 Stockpile systems ................................................... 103,074 103,074 

Total, Stockpile systems .................................................... 443,676 443,676 

Weapons dismantlement and disposition 

Operations and maintenance ......................................... 68,984 56,000 

Denial of dismantlement acceleration ................... [–12,984 ] 

Stockpile services 

Production support ......................................................... 457,043 457,043 

Research and development support ............................... 34,187 34,187 

R&D certification and safety ......................................... 156,481 156,481 

Management, technology, and production .................... 251,978 251,978 

Total, Stockpile services ................................................... 899,689 899,689 


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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2017 

Request 

Conference 

Authorized 

Nuclear material commodities 

Uranium sustainment .................................................... 20,988 20,988 

Plutonium sustainment .................................................. 184,970 184,970 

Tritium sustainment ...................................................... 109,787 109,787 

Domestic uranium enrichment ...................................... 50,000 50,000 

Strategic materials sustainment ................................... 212,092 212,092 

Total, Nuclear material commodities ........................... 577,837 577,837 

Total, Directed stockpile work ............................................... 3,330,527 3,317,543 

Research, development, test and evaluation (RDT&E) 

Science 

Advanced certification .................................................... 58,000 58,000 

Primary assessment technologies .................................. 99,000 99,000 

Dynamic materials properties ....................................... 106,000 106,000 

Advanced radiography ................................................... 50,500 50,500 

Secondary assessment technologies ............................... 76,000 76,000 

Academic alliances and partnerships ........................... 52,484 52,484 

Total, Science ...................................................................... 441,984 441,984 

Engineering 

Enhanced surety ............................................................. 37,196 37,196 

Weapon systems engineering assessment technology ... 16,958 16,958 

Nuclear survivability ..................................................... 43,105 43,105 

Enhanced surveillance ................................................... 42,228 42,228 

Total, Engineering ............................................................. 139,487 139,487 

Inertial confinement fusion ignition and high yield 

Ignition ........................................................................... 75,432 75,432 

Support of other stockpile programs ............................. 23,363 23,363 

Diagnostics, cryogenics and experimental support ...... 68,696 68,696 

Pulsed power inertial confinement fusion .................... 5,616 5,616 

Joint program in high energy density laboratory plasmas .............................................................................. 9,492 9,492 

Facility operations and target production .................... 340,360 340,360 

Total, Inertial confinement fusion and high yield .... 522,959 522,959 

Advanced simulation and computing .................................. 663,184 656,184 

Program decrease ........................................................... [–7,000 ] 

Stockpile Responsiveness Program ....................................... 0 40,000 

Program increase ............................................................ [40,000 ] 

Advanced manufacturing 

Additive manufacturing ................................................. 12,000 12,000 

Component manufacturing development ...................... 46,583 46,583 

Processing technology development ............................... 28,522 28,522 

Total, Advanced manufacturing .................................... 87,105 87,105 

Total, RDT&E ............................................................................. 1,854,719 1,887,719 

Infrastructure and operations (formerly RTBF) 

Operating 

Operations of facilities 

Kansas City Plant ................................................... 101,000 101,000 

Lawrence Livermore National Laboratory ............ 70,500 70,500 

Los Alamos National Laboratory ........................... 196,500 196,500 

Nevada Test Site ..................................................... 92,500 92,500 

Pantex ...................................................................... 55,000 55,000 

Sandia National Laboratory .................................. 118,000 118,000 

Savannah River Site ............................................... 83,500 83,500 

Y–12 National security complex ............................. 107,000 107,000 

Total, Operations of facilities .................................. 824,000 824,000 

Safety and environmental operations .................................. 110,000 110,000 


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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2017 

Request 

Conference 

Authorized 

Maintenance and repair of facilities .................................... 294,000 324,000 

Address high-priority preventative maintenance ......... [30,000 ] 

Recapitalization: 

Infrastructure and safety ............................................... 554,643 630,509 

Address high-priority deferred maintenance ......... [75,866 ] 

Capability based investment ......................................... 112,639 112,639 

Total, Recapitalization ..................................................... 667,282 743,148 

Construction: 

17–D–640 U1a Complex Enhancements Project, 

NNSS .......................................................................... 11,500 11,500 

17–D–630 Electrical Infrastructure Upgrades, LLNL 25,000 25,000 

16–D–515 Albuquerque complex upgrades project ....... 15,047 15,047 

15–D–613 Emergency Operations Center, Y–12 ........... 2,000 2,000 

15–D–302 TA–55 Reinvestment project, Phase 3, 

LANL ........................................................................... 21,455 21,455 

07–D–220–04 Transuranic liquid waste facility, 

LANL ........................................................................... 17,053 17,053 

06–D–141 PED/Construction, UPF Y–12, Oak Ridge, 

TN ................................................................................ 575,000 575,000 

04–D–125–04 RLUOB equipment installation ............. 159,615 159,615 

Total, Construction ............................................................ 826,670 826,670 

Total, Infrastructure and operations ................................... 2,721,952 2,827,818 

Secure transportation asset 

Operations and equipment .................................................... 179,132 179,132 

Program direction .................................................................. 103,600 103,600 

Total, Secure transportation asset ....................................... 282,732 282,732 

Defense nuclear security 

Operations and maintenance ................................................ 657,133 693,133 

Support to physical security infrastructure recapitalization and CSTART .................................................. [36,000 ] 

Construction: 

14–D–710 Device assembly facility argus installation 

project, NV .................................................................. 13,000 13,000 

17–D–710 West end protected area reduction project, 

Y–12 ............................................................................. 0 24,000 

Total, Defense nuclear security ............................................. 670,133 730,133 

Information technology and cybersecurity .................................. 176,592 176,592 

Legacy contractor pensions .......................................................... 248,492 248,492 

Rescission of prior year balances ................................................. –42,000 –42,000 

Total, Weapons Activities ............................................................... 9,243,147 9,429,029 

Defense Nuclear Nonproliferation 

Defense Nuclear Nonproliferation Programs 

Defense Nuclear Nonproliferation R&D 

Global material security ................................................ 337,108 337,108 

Material management and minimization ..................... 341,094 321,094 

Program decrease .................................................... [–20,000 ] 

Nonproliferation and arms control ............................... 124,703 124,703 

Defense Nuclear Nonproliferation R&D ....................... 393,922 417,922 

Acceleration of low-yield detection experiments .... [4,000 ] 

Nuclear detection technology and new challenges 

such as 3D printing ............................................. [20,000 ] 

Low Enriched Uranium R&D for Naval Reactors ....... 0 5,000 

Low Enriched Uranium R&D for Naval Reactors [5,000 ] 

Nonproliferation Construction: 

99–D–143 Mixed Oxide (MOX) Fuel Fabrication 

Facility, SRS ........................................................ 270,000 340,000 


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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2017 

Request 

Conference 

Authorized 

Increase to support construction ..................... [70,000 ] 

Total, Nonproliferation construction ..................... 270,000 340,000 

Total, Defense Nuclear Nonproliferation Programs 1,466,827 1,545,827 

Legacy contractor pensions .......................................................... 83,208 83,208 

Nuclear counterterrorism and incident response program ........ 271,881 271,881 

Rescission of prior year balances ................................................. –14,000 –14,000 

Total, Defense Nuclear Nonproliferation ................................... 1,807,916 1,886,916 

Naval Reactors 

Naval reactors operations and infrastructure ............................ 449,682 447,182 

Naval reactors development ......................................................... 437,338 437,338 

Ohio replacement reactor systems development .......................... 213,700 213,700 

S8G Prototype refueling ............................................................... 124,000 124,000 

Program direction ......................................................................... 47,100 47,100 

Construction: 

17–D–911, BL Fire System Upgrade .................................... 1,400 1,400 

15–D–904 NRF Overpack Storage Expansion 3 .................. 700 700 

15–D–902 KS Engineroom team trainer facility ................. 33,300 33,300 

14–D–901 Spent fuel handling recapitalization project, 

NRF .................................................................................... 100,000 100,000 

10–D–903, Security upgrades, KAPL ................................... 12,900 12,900 

Total, Construction ................................................................... 148,300 148,300 

Total, Naval Reactors ...................................................................... 1,420,120 1,417,620 

Federal Salaries And Expenses 

Program direction ......................................................................... 412,817 395,517 

Program decrease .................................................................. [–17,300 ] 

Total, Office Of The Administrator .............................................. 412,817 395,517 

Defense Environmental Cleanup 

Closure sites: 

Closure sites administration ................................................. 9,389 9,389 

Hanford site: 

River corridor and other cleanup operations ....................... 69,755 114,755 

Acceleration of priority programs .................................. [45,000 ] 

Central plateau remediation ................................................. 620,869 644,369 

Acceleration of priority programs .................................. [23,500 ] 

Richland community and regulatory support ..................... 14,701 14,701 

Construction: 

15–D–401 Containerized sludge removal annex, RL ... 11,486 11,486 

Total, Hanford site .................................................................... 716,811 785,311 

Idaho National Laboratory: 

Idaho cleanup and waste disposition ................................... 359,088 359,088 

Idaho community and regulatory support ........................... 3,000 3,000 

Total, Idaho National Laboratory ........................................ 362,088 362,088 

Los Alamos National Laboratory 

EMLA cleanup activities ....................................................... 185,606 195,606 

Program Increase ........................................................... [10,000 ] 

EMLA community and regulatory support .......................... 3,394 3,394 

Total, Los Alamos National Laboratory .............................. 189,000 199,000 

NNSA sites 

Lawrence Livermore National Laboratory ........................... 1,396 1,396 

Separations Process Research Unit ...................................... 3,685 3,685 

Nevada ................................................................................... 62,176 62,176 

Sandia National Laboratories .............................................. 4,130 4,130 

Total, NNSA sites and Nevada off-sites ............................... 71,387 71,387 


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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2017 

Request 

Conference 

Authorized 

Oak Ridge Reservation: 

OR Nuclear facility D & D 

OR Nuclear facility D & D ............................................ 93,851 93,851 

Construction: 

14–D–403 Outfall 200 Mercury Treatment Facility .......................................................................... 5,100 5,100 

Total, OR Nuclear facility D & D .................................. 98,951 98,951 

U233 Disposition Program ................................................... 37,311 37,311 

OR cleanup and disposition ................................................. 54,557 54,557 

OR reservation community and regulatory support ............ 4,400 4,400 

Oak Ridge technology development ...................................... 3,000 3,000 

Total, Oak Ridge Reservation ................................................ 198,219 198,219 

Office of River Protection: 

Waste treatment and immobilization plant 

WTP operations .............................................................. 3,000 3,000 

15–D–409 Low activity waste pretreatment system, 

ORP ............................................................................. 73,000 73,000 

01–D–416 A–D/ORP–0060 / Major construction ........ 690,000 690,000 

Total, Waste treatment and immobilization plant .... 766,000 766,000 

Tank farm activities 

Rad liquid tank waste stabilization and disposition ... 721,456 721,456 

Total, Tank farm activities ............................................. 721,456 721,456 

Total, Office of River protection ............................................ 1,487,456 1,487,456 

Savannah River sites: 

Nuclear Material Management ............................................ 311,062 311,062 

Environmental Cleanup ........................................................ 152,504 152,504 

SR community and regulatory support ................................ 11,249 11,249 

Radioactive liquid tank waste: 

Radioactive liquid tank waste stabilization and disposition ........................................................................ 645,332 645,332 

Construction: 

15–D–402—Saltstone Disposal Unit #6, SRS ....... 7,577 7,577 

17–D–401—Saltstone Disposal Unit #7 ................. 9,729 9,729 

05–D–405 Salt waste processing facility, Savannah River Site ...................................................... 160,000 160,000 

Total, Construction .................................................... 177,306 177,306 

Total, Radioactive liquid tank waste ............................ 822,638 822,638 

Total, Savannah River site ..................................................... 1,297,453 1,297,453 

Waste Isolation Pilot Plant 

Operations and maintenance ................................................ 257,188 267,188 

Program increase ............................................................ [10,000 ] 

Construction: 

15–D–411 Safety significant confinement ventilation 

system, WIPP .............................................................. 2,532 2,532 

15–D–412 Exhaust shaft, WIPP .................................... 2,533 2,533 

Total, Construction ............................................................ 5,065 5,065 

Total, Waste Isolation Pilot Plant ......................................... 262,253 272,253 

Program direction ......................................................................... 290,050 290,050 

Program support ........................................................................... 14,979 14,979 

Safeguards and Security .............................................................. 255,973 255,973 

Technology development ............................................................... 30,000 30,000 

Infrastructure recapitalization .................................................... 41,892 0 

Defense Uranium enrichment D&D ............................................ 155,100 0 

Ahead of need ........................................................................ [–155,100 ] 

Subtotal, Defense environmental cleanup .................................. 5,382,050 5,273,558 


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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2017 

Request 

Conference 

Authorized 

Total, Defense Environmental Cleanup ...................................... 5,382,050 5,273,558 

Other Defense Activities 

Environment, health, safety and security 

Environment, health, safety and security ............................ 130,693 128,693 

Program direction .................................................................. 66,519 66,519 

Total, Environment, health, safety and security ............... 197,212 195,212 

Independent enterprise assessments 

Independent enterprise assessments ..................................... 24,580 24,580 

Program direction .................................................................. 51,893 51,893 

Total, Independent enterprise assessments ......................... 76,473 76,473 

Specialized security activities ...................................................... 237,912 237,912 

Office of Legacy Management 

Legacy management .............................................................. 140,306 140,306 

Program direction .................................................................. 14,014 14,014 

Total, Office of Legacy Management .................................... 154,320 154,320 

Defense-related activities 

Defense related administrative support 

Chief financial officer ............................................................ 23,642 23,642 

Chief information officer ....................................................... 93,074 93,074 

Project management oversight and assessments ................. 3,000 3,000 

Total, Defense related administrative support .................. 119,716 116,716 

Office of hearings and appeals .................................................... 5,919 5,919 

Subtotal, Other defense activities ................................................ 791,552 789,552 

Total, Other Defense Activities ...................................................... 791,552 789,552 

DIVISION E—UNIFORM CODE OF MILITARY JUSTICE 

REFORM 

SEC. 5001. SHORT TITLE. 

This division may be cited as the ‘‘Military Justice Act of 2016’’. 

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. 

SEC. 5101. DEFINITIONS. 

(a) MILITARY JUDGE.—Paragraph (10) of section 801 of title 10, 

United States Code (article 1 of the Uniform Code of Military Justice), is amended to read as follows: 

‘‘(10) The term ‘military judge’ means a judge advocate designated under section 826(c) of this title (article 26(c)) who is 

detailed under section 826(a) or section 830a of this title (article 

26(a) or 30a).’’. 

(b) JUDGE ADVOCATE.—Paragraph (13) of such section (article) 

is amended— 

(1) in subparagraph (A), by striking ‘‘the Army or the 

Navy’’ and inserting ‘‘the Army, the Navy, or the Air Force’’; 

and 

(2) in subparagraph (B), by striking ‘‘the Air Force or’’. 


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SEC. 5102. CLARIFICATION OF PERSONS SUBJECT TO UCMJ WHILE ON 

INACTIVE-DUTY TRAINING. 

Paragraph (3) of section 802(a) of title 10, United States Code 

(article 2(a) of the Uniform Code of Military Justice), is amended 

to read as follows: 

‘‘(3)(A) While on inactive-duty training and during any of 

the periods specified in subparagraph (B)— 

‘‘(i) members of a reserve component; and 

‘‘(ii) members of the Army National Guard of the 

United States or the Air National Guard of the United 

States, but only when in Federal service. 

‘‘(B) The periods referred to in subparagraph (A) are the 

following: 

‘‘(i) Travel to and from the inactive-duty training site 

of the member, pursuant to orders or regulations. 

‘‘(ii) Intervals between consecutive periods of inactiveduty training on the same day, pursuant to orders or regulations. 

‘‘(iii) Intervals between inactive-duty training on consecutive days, pursuant to orders or regulations.’’. 

SEC. 5103. STAFF JUDGE ADVOCATE DISQUALIFICATION DUE TO 

PRIOR INVOLVEMENT IN CASE. 

Subsection (c) of section 806 of title 10, United States Code (article 6 of the Uniform Code of Military Justice), is amended to read 

as follows: 

‘‘(c)(1) No person who, with respect to a case, serves in a capacity specified in paragraph (2) may later serve as a staff judge advocate or legal officer to any reviewing or convening authority upon 

the same case. 

‘‘(2) The capacities referred to in paragraph (1) are, with respect 

to the case involved, any of the following: 

‘‘(A) Preliminary hearing officer, court member, military 

judge, military magistrate, or appellate judge. 

‘‘(B) Counsel who have acted in the same case or appeared 

in any proceeding before a military judge, military magistrate, 

preliminary hearing officer, or appellate court.’’. 

SEC. 5104. CONFORMING AMENDMENT RELATING TO MILITARY MAGISTRATES. 

The first sentence of section 806a(a) of title 10, United States 

Code (article 6a(a) of the Uniform Code of Military Justice), is 

amended by striking ‘‘military judge’’ and all that follows through 

the end of the sentence and inserting ‘‘military appellate judge, military judge, or military magistrate to perform the duties of the position involved.’’. 

SEC. 5105. RIGHTS OF VICTIM. 

(a) DESIGNATION OF REPRESENTATIVE.—Subsection (c) of section 

806b of title 10, United States Code (article 6b of the Uniform Code 

of Military Justice), is amended in the first sentence by striking ‘‘the 

military judge’’ and all that follows through the end of the sentence 

and inserting the following: ‘‘the legal guardians of the victim or the 

representatives of the victim’s estate, family members, or any other 

person designated as suitable by the military judge, may assume the 

rights of the victim under this section.’’. 

(b) RULE OF CONSTRUCTION.—Subsection (d) of such section 

(article) is amended— 


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(1) in paragraph (1), by striking ‘‘or’’ at the end; 

(2) in paragraph (2), by striking the period at the end and 

inserting ‘‘; or’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(3) to impair the exercise of discretion under sections 830 

and 834 of this title (articles 30 and 34).’’. 

(c) INTERVIEW OF VICTIM.—Such section (article) is amended by 

adding at the end the following new subsection: 

‘‘(f) COUNSEL FOR ACCUSED INTERVIEW OF VICTIM OF ALLEGED

OFFENSE.—(1) Upon notice by counsel for the Government to counsel 

for the accused of the name of an alleged victim of an offense under 

this chapter who counsel for the Government intends to call as a 

witness at a proceeding under this chapter, counsel for the accused 

shall make any request to interview the victim through the Special 

Victims’ Counsel or other counsel for the victim, if applicable. 

‘‘(2) If requested by an alleged victim who is subject to a request 

for interview under paragraph (1), any interview of the victim by 

counsel for the accused shall take place only in the presence of the 

counsel for the Government, a counsel for the victim, or, if applicable, a victim advocate.’’. 

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. 

SEC. 5121. RESTRAINT OF PERSONS CHARGED. 

Section 810 of title 10, United States Code (article 10 of the 

Uniform Code of Military Justice), is amended to read as follows: 

‘‘§ 810. Art. 10. Restraint of persons charged 

‘‘(a) IN GENERAL.—(1) Subject to paragraph (2), any person subject to this chapter who is charged with an offense under this chapter may be ordered into arrest or confinement as the circumstances 

require. 

‘‘(2) When a person subject to this chapter is charged only with 

an offense that is normally tried by summary court-martial, the person ordinarily shall not be ordered into confinement. 

‘‘(b) NOTIFICATION TO ACCUSED AND RELATED PROCEDURES.— 

(1) When a person subject to this chapter is ordered into arrest or 

confinement before trial, immediate steps shall be taken— 

‘‘(A) to inform the person of the specific offense of which the 

person is accused; and 

‘‘(B) to try the person or to dismiss the charges and release 

the person. 

‘‘(2) To facilitate compliance with paragraph (1), the President 

shall prescribe regulations setting forth procedures relating to referral for trial, including procedures for prompt forwarding of the 

charges and specifications and, if applicable, the preliminary hearing report submitted under section 832 of this title (article 32).’’. 

SEC. 5122. MODIFICATION OF PROHIBITION OF CONFINEMENT OF 

MEMBERS OF THE ARMED FORCES WITH ENEMY PRISONERS AND CERTAIN OTHERS. 

Section 812 of title 10, United States Code (article 12 of the 

Uniform Code of Military Justice), is amended to read as follows: 


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‘‘§ 812. Art. 12. Prohibition of confinement of members of the 

armed forces with enemy prisoners and certain others 

‘‘No member of the armed forces may be placed in confinement 

in immediate association with— 

‘‘(1) enemy prisoners; or 

‘‘(2) other individuals— 

‘‘(A) who are detained under the law of war and are 

foreign nationals; and 

‘‘(B) who are not members of the armed forces.’’. 

TITLE LIII—NON-JUDICIAL PUNISHMENT 

Sec. 5141. Modification of confinement as non-judicial punishment. 

SEC. 5141. MODIFICATION OF CONFINEMENT AS NON-JUDICIAL PUNISHMENT. 

Section 815 of title 10, United States Code (article 15 of the 

Uniform Code of Military Justice), is amended— 

(1) in subsection (b)— 

(A) in paragraph (2)(A), by striking ‘‘on bread and 

water or diminished rations’’; and 

(B) in the undesignated matter after paragraph (2), by 

striking ‘‘on bread and water or diminished rations’’ in the 

sentence beginning ‘‘No two or more’’; and 

(2) in subsection (d), by striking ‘‘on bread and water or diminished rations’’ in paragraphs (2) and (3). 

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. 

SEC. 5161. COURTS-MARTIAL CLASSIFIED. 

Section 816 of title 10, United States Code (article 16 of the 

Uniform Code of Military Justice), is amended to read as follows: 

‘‘§ 816. Art 16. Courts-martial classified 

‘‘(a) IN GENERAL.—The three kinds of courts-martial in each of 

the armed forces are the following: 

‘‘(1) General courts-martial, as described in subsection (b). 

‘‘(2) Special courts-martial, as described in subsection (c). 

‘‘(3) Summary courts-martial, as described in subsection 

(d). 

‘‘(b) GENERAL COURTS-MARTIAL.—General courts-martial are of 

the following three types: 

‘‘(1) A general court-martial consisting of a military judge 

and eight members, subject to sections 825(d)(3) and 829 of this 

title (articles 25(d)(3) and 29). 

‘‘(2) In a capital case, a general court-martial consisting of 

a military judge and the number of members determined under 

section 825a of this title (article 25a), subject to sections 

825(d)(3) and 829 of this title (articles 25(d)(3) and 29). 

‘‘(3) A general court-martial consisting of a military judge 

alone, if, before the court is assembled, the accused, knowing 

the identity of the military judge and after consultation with 

defense counsel, requests, orally on the record or in writing, a 


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court composed of a military judge alone and the military judge 

approves the request. 

‘‘(c) SPECIAL COURTS-MARTIAL.—Special courts-martial are of 

the following two types: 

‘‘(1) A special court-martial consisting of a military judge 

and four members, subject to sections 825(d)(3) and 829 of this 

title (articles 25(d)(3) and 29). 

‘‘(2) A special court-martial consisting of a military judge 

alone— 

‘‘(A) if the case is so referred by the convening authority, subject to section 819 of this title (article 19) and such 

limitations as the President may prescribe by regulation; or 

‘‘(B) if the case is referred under paragraph (1) and, before the court is assembled, the accused, knowing the identity of the military judge and after consultation with defense counsel, requests, orally on the record or in writing, 

a court composed of a military judge alone and the military 

judge approves the request. 

‘‘(d) SUMMARY COURT-MARTIAL.—A summary court-martial consists of one commissioned officer.’’. 

SEC. 5162. JURISDICTION OF GENERAL COURTS-MARTIAL. 

Section 818 of title 10, United States Code (article 18 of the 

Uniform Code of Military Justice), is amended— 

(1) in subsection (b), by striking ‘‘section 816(1)(B) of this 

title (article 16(1)(B))’’ and inserting ‘‘section 816(b)(3) of this 

title (article 16(b)(3))’’; and 

(2) by striking subsection (c) and inserting the following 

new subsection (c): 

‘‘(c) Consistent with sections 819 and 820 of this title (articles 

19 and 20), only general courts-martial have jurisdiction over the 

following offenses: 

‘‘(1) A violation of subsection (a) or (b) of section 920 of this 

title (article 120). 

‘‘(2) A violation of subsection (a) or (b) of section 920b of 

this title (article 120b). 

‘‘(3) An attempt to commit an offense specified in paragraph (1) or (2) that is punishable under section 880 of this title 

(article 80).’’. 

SEC. 5163. JURISDICTION OF SPECIAL COURTS-MARTIAL. 

Section 819 of title 10, United States Code (article 19 of the 

Uniform Code of Military Justice), is amended— 

(1) by striking ‘‘Subject to’’ in the first sentence and inserting the following: 

‘‘(a) IN GENERAL.—Subject to’’; 

(2) by striking ‘‘A bad-conduct discharge’’ and all that follows through the end; and 

(3) by adding after subsection (a), as designated by paragraph (1), the following new subsections: 

‘‘(b) ADDITIONAL LIMITATION.—Neither a bad-conduct discharge, 

nor confinement for more than six months, nor forfeiture of pay for 

more than six months may be adjudged if charges and specifications are referred to a special court-martial consisting of a military 

judge alone under section 816(c)(2)(A) of this title (article 

16(c)(2)(A)). 


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‘‘(c) MILITARY MAGISTRATE.—If charges and specifications are 

referred to a special court-martial consisting of a military judge 

alone under section 816(c)(2)(A) of this title (article 16(c)(2)(A)), the 

military judge, with the consent of the parties, may designate a 

military magistrate to preside over the special court-martial.’’. 

SEC. 5164. SUMMARY COURT-MARTIAL AS NON-CRIMINAL FORUM. 

Section 820 of title 10, United States Code (article 20 of the 

Uniform Code of Military Justice), is amended— 

(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘Subject to’’; 

and 

(2) by adding at the end the following new subsection: 

‘‘(b) NON-CRIMINAL FORUM.—A summary court-martial is a 

non-criminal forum. A finding of guilty at a summary court-martial 

does not constitute a criminal conviction.’’. 

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. Military magistrates. 

Sec. 5186. Qualifications of trial counsel and defense counsel. 

Sec. 5187. Assembly and impaneling of members and related matters. 

SEC. 5181. TECHNICAL AMENDMENT RELATING TO PERSONS AUTHORIZED TO CONVENE GENERAL COURTS-MARTIAL. 

Section 822(a)(6) of title 10, United States Code (article 22(a)(6) 

of the Uniform Code of Military Justice), is amended by striking ‘‘in 

chief’’. 

SEC. 5182. WHO MAY SERVE ON COURTS-MARTIAL AND RELATED MATTERS. 

(a) WHO MAY SERVE ON COURTS-MARTIAL.—Subsection (c) of 

section 825 of title 10, United States Code (article 25 of the Uniform 

Code of Military Justice), is amended to read as follows: 

‘‘(c)(1) Any enlisted member on active duty is eligible to serve 

on a general or special court-martial for the trial of any other enlisted member. 

‘‘(2) Before a court-martial with a military judge and members 

is assembled for trial, an enlisted member who is an accused may 

personally request, orally on the record or in writing, that— 

‘‘(A) the membership of the court-martial be comprised entirely of officers; or 

‘‘(B) enlisted members comprise at least one-third of the 

membership of the court-martial, regardless of whether enlisted 

members have been detailed to the court-martial. 

‘‘(3) Except as provided in paragraph (4), after such a request, 

the accused may not be tried by a general or special court-martial 

if the membership of the court-martial is inconsistent with the request. 

‘‘(4) If, because of physical conditions or military exigencies, a 

sufficient number of eligible officers or enlisted members, as the case 

may be, is not available to carry out paragraph (2), the trial may 

nevertheless be held. In that event, the convening authority shall 

make a detailed written statement of the reasons for nonavailability. 

The statement shall be appended to the record.’’. 


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(b) WHO MAY SENTENCE.—Such section (article) is further 

amended— 

(1) by redesignating subsections (d) and (e) as subsections 

(e) and (f), respectively; and 

(2) by inserting after subsection (c) the following new subsection (d): 

‘‘(d)(1) Except as provided in paragraph (2) for capital offenses, 

the accused in a court-martial with a military judge and members 

may, after the findings are announced and before any matter is presented in the sentencing phase, request, orally on the record or in 

writing, sentencing by members. 

‘‘(2) In a capital case, the accused shall be sentenced by the 

members for all offenses for which the court-martial may sentence 

the accused to death in accordance with section 853(c) of this title 

(article 53(c)). 

‘‘(3) In a capital case, if the accused is convicted of a non-capital offense, the accused shall be sentenced for such non-capital offense in accordance with section 853(b) of this title (article 53(b)), 

regardless of whether the accused is convicted of an offense for 

which the court-martial may sentence the accused to death.’’. 

(c) DETAIL OF MEMBERS.—Subsection (e) of such section (article), as redesignated by subsection (b)(1) of this section, is amended 

by adding at the end the following new paragraph: 

‘‘(3) The convening authority shall detail not less than the number of members necessary to impanel the court-martial under section 

829 of this title (article 29).’’. 

SEC. 5183. NUMBER OF COURT-MARTIAL MEMBERS IN CAPITAL CASES. 

Section 825a of title 10, United States Code (article 25a of the 

Uniform Code of Military Justice), is amended to read as follows: 

‘‘§ 825a. Art. 25a. Number of court-martial members in capital cases 

‘‘(a) IN GENERAL.—In a case in which the accused may be sentenced to death, the number of members shall be 12. 

‘‘(b) CASE NO LONGER CAPITAL.—Subject to section 829 of this 

title (article 29)— 

‘‘(1) if a case is referred for trial as a capital case and, before the members are impaneled, the accused may no longer be 

sentenced to death, the number of members shall be eight; and 

‘‘(2) if a case is referred for trial as a capital case and, after 

the members are impaneled, the accused may no longer be sentenced to death, the number of members shall remain 12.’’. 

SEC. 5184. DETAILING, QUALIFICATIONS, AND OTHER MATTERS RELATING TO MILITARY JUDGES. 

(a) DETAIL TO SPECIAL COURTS-MARTIAL.—Subsection (a) of section 826 of title 10, United States Code (article 26 of the Uniform 

Code of Military Justice), is amended— 

(1) in the first sentence, by inserting after ‘‘each general’’ 

the following: ‘‘and special’’; and 

(2) by striking the second sentence. 

(b) QUALIFICATIONS.—Subsection (b) of such section (article) is 

amended by striking ‘‘qualified for duty’’ and inserting ‘‘qualified, 

by reason of education, training, experience, and judicial temperament, for duty’’. 


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(c) DETAIL AND ASSIGNMENT.—Subsection (c) of such section 

(article) is amended to read as follows: 

‘‘(c)(1) In accordance with regulations prescribed under subsection (a), a military judge of a general or special court-martial 

shall be designated for detail by the Judge Advocate General of the 

armed force of which the military judge is a member. 

‘‘(2) Neither the convening authority nor any member of the 

staff of the convening authority shall prepare or review any report 

concerning the effectiveness, fitness, or efficiency of the military 

judge so detailed, which relates to the military judge’s performance 

of duty as a military judge. 

‘‘(3) A commissioned officer who is certified to be qualified for 

duty as a military judge of a general court-martial— 

‘‘(A) may perform such duties only when the officer is assigned and directly responsible to the Judge Advocate General 

of the armed force of which the military judge is a member; and 

‘‘(B) may perform duties of a judicial or nonjudicial nature 

other than those relating to the officer’s primary duty as a military judge of a general court-martial when such duties are assigned to the officer by or with the approval of that Judge Advocate General. 

‘‘(4) In accordance with regulations prescribed by the President, 

assignments of military judges under this section (article) shall be 

for appropriate minimum periods, subject to such exceptions as may 

be authorized in the regulations.’’. 

(d) DETAIL TO A DIFFERENT ARMED FORCE.—Such section (article) is further amended by adding at the end the following new subsection: 

‘‘(f) A military judge may be detailed under subsection (a) to a 

court-martial or a proceeding under section 830a of this title (article 

30a) that is convened in a different armed force, when so permitted 

by the Judge Advocate General of the armed force of which the military judge is a member.’’. 

(e) CHIEF TRIAL JUDGES.—Such section (article), as amended by 

subsection (d), is further amended by adding at the end the following new subsection: 

‘‘(g) In accordance with regulations prescribed by the President, 

each Judge Advocate General shall designate a chief trial judge 

from among the members of the applicable trial judiciary.’’. 

SEC. 5185. MILITARY MAGISTRATES. 

Subchapter V of chapter 47 of title 10, United States Code, is 

amended by inserting after section 826 (article 26 of the Uniform 

Code of Military Justice) the following new section (article): 

‘‘§ 826a. Art. 26a. Military magistrates 

‘‘(a) QUALIFICATIONS.—A military magistrate shall be a commissioned officer of the armed forces who— 

‘‘(1) is a member of the bar of a Federal court or a member 

of the bar of the highest court of a State; and 

‘‘(2) is certified to be qualified, by reason of education, 

training, experience, and judicial temperament, for duty as a 

military magistrate by the Judge Advocate General of the 

armed force of which the officer is a member. 

‘‘(b) DUTIES.—In accordance with regulations prescribed by the 

Secretary concerned, in addition to duties when designated under 


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section 819 or 830a of this title (article 19 or 30a), a military magistrate may be assigned to perform other duties of a nonjudicial nature.’’. 

SEC. 5186. QUALIFICATIONS OF TRIAL COUNSEL AND DEFENSE COUNSEL. 

Section 827 of title 10, United States Code (article 27 of the 

Uniform Code of Military Justice), is amended— 

(1) in the first sentence of paragraph (2) of subsection (a), 

by striking ‘‘No person’’ and all that follows through ‘‘trial 

counsel,’’ the first place it appears and inserting ‘‘No person 

who, with respect to a case, has served as a preliminary hearing 

officer, court member, military judge, military magistrate, or 

appellate judge, may later serve as trial counsel,’’; 

(2) in the first sentence of subsection (b), by striking ‘‘Trial 

counsel or defense counsel’’ and inserting ‘‘Trial counsel, defense 

counsel, or assistant defense counsel’’; and 

(3) by striking subsection (c) and inserting the following 

new subsections: 

‘‘(c)(1) Defense counsel and assistant defense counsel detailed 

for a special court-martial shall have the qualifications set forth in 

subsection (b). 

‘‘(2) Trial counsel and assistant trial counsel detailed for a special court-martial and assistant trial counsel detailed for a general 

court-martial must be determined to be competent to perform such 

duties by the Judge Advocate General, under such rules as the 

President may prescribe. 

‘‘(d) To the greatest extent practicable, in any capital case, at 

least one defense counsel shall, as determined by the Judge Advocate General, be learned in the law applicable to such cases. If necessary, this counsel may be a civilian and, if so, may be compensated in accordance with regulations prescribed by the Secretary 

of Defense.’’. 

SEC. 5187. ASSEMBLY AND IMPANELING OF MEMBERS AND RELATED 

MATTERS. 

Section 829 of title 10, United States Code (article 29 of the 

Uniform Code of Military Justice), is amended to read as follows: 

‘‘§ 829. Art 29. Assembly and impaneling of members; detail of 

new members and military judges 

‘‘(a) ASSEMBLY.—The military judge shall announce the assembly of a general or special court-martial with members. After such 

a court-martial is assembled, no member may be absent, unless the 

member is excused— 

‘‘(1) as a result of a challenge; 

‘‘(2) under subsection (b)(1)(B); or 

‘‘(3) by order of the military judge or the convening authority for disability or other good cause. 

‘‘(b) IMPANELING.—(1) Under rules prescribed by the President, 

the military judge of a general or special court-martial with members shall— 

‘‘(A) after determination of challenges, impanel the courtmartial; and 

‘‘(B) excuse the members who, having been assembled, are 

not impaneled. 


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‘‘(2) In a general court-martial, the military judge shall impanel— 

‘‘(A) 12 members in a capital case; and 

‘‘(B) eight members in a noncapital case. 

‘‘(3) In a special court-martial, the military judge shall impanel 

four members. 

‘‘(c) ALTERNATE MEMBERS.—In addition to members under subsection (b), the military judge shall impanel alternate members, if 

the convening authority authorizes alternate members. 

‘‘(d) DETAIL OF NEW MEMBERS.—(1) If, after members are 

impaneled, the membership of the court-martial is reduced to— 

‘‘(A) fewer than 12 members with respect to a general courtmartial in a capital case; 

‘‘(B) fewer than six members with respect to a general courtmartial in a noncapital case; or 

‘‘(C) fewer than four members with respect to a special 

court-martial; 

the trial may not proceed unless the convening authority details new 

members and, from among the members so detailed, the military 

judge impanels new members sufficient in number to provide the 

membership specified in paragraph (2). 

‘‘(2) The membership referred to in paragraph (1) is as follows: 

‘‘(A) 12 members with respect to a general court-martial in 

a capital case. 

‘‘(B) At least six but not more than eight members with respect to a general court-martial in a noncapital case. 

‘‘(C) Four members with respect to a special court-martial. 

‘‘(e) DETAIL OF NEW MILITARY JUDGE.—If the military judge is 

unable to proceed with the trial because of disability or otherwise, 

a new military judge shall be detailed to the court-martial. 

‘‘(f) EVIDENCE.—(1) In the case of new members under subsection (d), the trial may proceed with the new members present 

after the evidence previously introduced is read or, in the case of 

audiotape, videotape, or similar recording, is played, in the presence 

of the new members, the military judge, the accused, and counsel for 

both sides. 

‘‘(2) In the case of a new military judge under subsection (e), the 

trial shall proceed as if no evidence had been introduced, unless the 

evidence previously introduced is read or, in the case of audiotape, 

videotape, or similar recording, is played, in the presence of the new 

military judge, the accused, and counsel for both sides.’’. 

TITLE LVI—PRE-TRIAL PROCEDURE 

Sec. 5201. Charges and specifications. 

Sec. 5202. Certain 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. 

SEC. 5201. CHARGES AND SPECIFICATIONS. 

Section 830 of title 10, United States Code (article 30 of the 

Uniform Code of Military Justice), is amended to read as follows: 

‘‘§ 830. Art 30. Charges and specifications 

‘‘(a) IN GENERAL.—Charges and specifications— 


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‘‘(1) may be preferred only by a person subject to this chapter; and 

‘‘(2) shall be preferred by presentment in writing, signed 

under oath before a commissioned officer of the armed forces 

who is authorized to administer oaths. 

‘‘(b) REQUIRED CONTENT.—The writing under subsection (a) 

shall state that— 

‘‘(1) the signer has personal knowledge of, or has investigated, the matters set forth in the charges and specifications; 

and 

‘‘(2) the matters set forth in the charges and specifications 

are true, to the best of the knowledge and belief of the signer. 

‘‘(c) DUTY OF PROPER AUTHORITY.—When charges and specifications are preferred under subsection (a), the proper authority shall, 

as soon as practicable— 

‘‘(1) inform the person accused of the charges and specifications; and 

‘‘(2) determine what disposition should be made of the 

charges and specifications in the interest of justice and discipline.’’. 

SEC. 5202. CERTAIN PROCEEDINGS CONDUCTED BEFORE REFERRAL. 

Subchapter VI of chapter 47 of title 10, United States Code, is 

amended by inserting after section 830 (article 30 of the Uniform 

Code of Military Justice) the following new section (article): 

‘‘§ 830a. Art. 30a. Certain proceedings conducted before referral 

‘‘(a) IN GENERAL.—(1) Proceedings may be conducted to review 

the following matters before referral of charges and specifications to 

court-martial for trial in accordance with regulations prescribed by 

the President: 

‘‘(A) Pre-referral investigative subpoenas. 

‘‘(B) Pre-referral warrants or orders for electronic communications. 

‘‘(C) Pre-referral matters referred by an appellate court. 

‘‘(2) The regulations prescribed under paragraph (1) shall— 

‘‘(A) include procedures for the review of such rulings that 

may be ordered under this section as the President considers 

appropriate; and 

‘‘(B) provide such limitations on the relief that may be ordered under this section as the President considers appropriate. 

‘‘(3) If any matter in a proceeding under this section becomes 

a subject at issue with respect to charges that have been referred to 

a general or special court-martial, the matter shall be transferred 

to the military judge detailed to the court-martial. 

‘‘(b) DETAIL OF MILITARY JUDGE.—The Secretary concerned 

shall prescribe regulations providing for the manner in which military judges are detailed to proceedings under subsection (a)(1). 

‘‘(c) DISCRETION TO DESIGNATE MAGISTRATE TO PRESIDE.—In 

accordance with regulations prescribed by the Secretary concerned, 

a military judge detailed to a proceeding under subsection (a)(1), 

other than a proceeding described in subparagraph (B) of that subsection, may designate a military magistrate to preside over the proceeding.’’. 


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SEC. 5203. PRELIMINARY HEARING REQUIRED BEFORE REFERRAL TO 

GENERAL COURT-MARTIAL. 

(a) IN GENERAL.—Section 832 of title 10, United States Code 

(article 32 of the Uniform Code of Military Justice), is amended by 

striking the section heading and subsections (a), (b), and (c) and inserting the following: 

‘‘§ 832. Art. 32. Preliminary hearing required before referral 

to general court-martial 

‘‘(a) IN GENERAL.—(1)(A) Except as provided in subparagraph 

(B), a preliminary hearing shall be held before referral of charges 

and specifications for trial by general court-martial. The preliminary hearing shall be conducted by an impartial hearing officer, detailed by the convening authority in accordance with subsection (b). 

‘‘(B) Under regulations prescribed by the President, a preliminary hearing need not be held if the accused submits a written 

waiver to the convening authority and the convening authority determines that a hearing is not required. 

‘‘(2) The purpose of the preliminary hearing shall be limited to 

determining the following: 

‘‘(A) Whether or not the specification alleges an offense 

under this chapter. 

‘‘(B) Whether or not there is probable cause to believe that 

the accused committed the offense charged. 

‘‘(C) Whether or not the convening authority has court-martial jurisdiction over the accused and over the offense. 

‘‘(D) A recommendation as to the disposition that should be 

made of the case. 

‘‘(b) HEARING OFFICER.—(1) A preliminary hearing under this 

section shall be conducted by an impartial hearing officer, who— 

‘‘(A) whenever practicable, shall be a judge advocate who is 

certified under section 827(b)(2) of this title (article 27(b)(2)); or 

‘‘(B) when it is not practicable to appoint a judge advocate 

because of exceptional circumstances, is not a judge advocate so 

certified. 

‘‘(2) In the case of a hearing officer under paragraph (1)(B), a 

judge advocate who is certified under section 827(b)(2) of this title 

(article 27(b)(2)) shall be available to provide legal advice to the 

hearing officer. 

‘‘(3) Whenever practicable, the hearing officer shall be equal in 

grade or senior in grade to military counsel who are detailed to represent the accused or the Government at the preliminary hearing. 

‘‘(c) REPORT TO CONVENING AUTHORITY.—After a preliminary 

hearing under this section, the hearing officer shall submit to the 

convening authority a written report (accompanied by a recording 

of the preliminary hearing under subsection (e)) that includes the 

following: 

‘‘(1) For each specification, a statement of the reasoning 

and conclusions of the hearing officer with respect to determinations under subsection (a)(2), including a summary of relevant 

witness testimony and documentary evidence presented at the 

hearing and any observations of the hearing officer concerning 

the testimony of witnesses and the availability and admissibility of evidence at trial. 


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‘‘(2) Recommendations for any necessary modifications to 

the form of the charges or specifications. 

‘‘(3) An analysis of any additional information submitted 

after the hearing by the parties or by a victim of an offense, 

that, under such rules as the President may prescribe, is relevant to disposition under sections 830 and 834 of this title (articles 30 and 34). 

‘‘(4) A statement of action taken on evidence adduced with 

respect to uncharged offenses, as described in subsection (f).’’. 

(b) SUNDRY AMENDMENTS.—Subsection (d) of such section (article) is amended— 

(1) in paragraph (1), by striking ‘‘subsection (a)’’ in the first 

sentence and inserting ‘‘this section’’; 

(2) in paragraph (2), by striking ‘‘in defense’’ and all that 

follows through the end and inserting ‘‘that is relevant to the 

issues for determination under subsection (a)(2).’’; 

(3) in paragraph (3), by adding at the end the following 

new sentence: ‘‘A declination under this paragraph shall not 

serve as the sole basis for ordering a deposition under section 

849 of this title (article 49).’’; and 

(4) in paragraph (4), by striking ‘‘the limited purposes of 

the hearing, as provided in subsection (a)(2)’’ and inserting ‘‘determinations under subsection (a)(2)’’. 

(c) REFERENCE TO MCM.—Subsection (e) of such section (article) is amended by striking ‘‘as prescribed by the Manual for CourtsMartial’’ in the second sentence and inserting ‘‘under such rules as 

the President may prescribe’’. 

(d) EFFECT OF VIOLATION.—Subsection (g) of such section (article) is amended by adding at the end the following new sentence: 

‘‘A defect in a report under subsection (c) is not a basis for relief if 

the report is in substantial compliance with that subsection.’’. 

(e) CONFORMING AMENDMENTS.—The following provisions are 

each amended by striking ‘‘investigating officer’’ and inserting ‘‘preliminary hearing officer’’: 

(1) Section 806b(a)(3) of title 10, United States Code (article 

6b(a)(3) of the Uniform Code of Military Justice). 

(2) Section 825(d)(2) of such title (article 25(d)(2) of the 

Uniform Code of Military Justice). 

(3) Section 826(d) of such title (article 26(d) of the Uniform 

Code of Military Justice). 

SEC. 5204. DISPOSITION GUIDANCE. 

Section 833 of title 10, United States Code (article 33 of the 

Uniform Code of Military Justice), is amended to read as follows: 

‘‘§ 833. Art 33. Disposition guidance 

‘‘The President shall direct the Secretary of Defense to issue, in 

consultation with the Secretary of the department in which the 

Coast Guard is operating when it is not operating as a service in 

the Navy, non-binding guidance regarding factors that commanders, convening authorities, staff judge advocates, and judge 

advocates should take into account when exercising their duties 

with respect to disposition of charges and specifications in the interest of justice and discipline under sections 830 and 834 of this title 

(articles 30 and 34). Such guidance shall take into account, with 

appropriate consideration of military requirements, the principles 


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contained in official guidance of the Attorney General to attorneys 

for the Government with respect to disposition of Federal criminal 

cases in accordance with the principle of fair and evenhanded administration of Federal criminal law.’’. 

SEC. 5205. ADVICE TO CONVENING AUTHORITY BEFORE REFERRAL 

FOR TRIAL. 

Section 834 of title 10, United States Code (article 34 of the 

Uniform Code of Military Justice), is amended to read as follows: 

‘‘§ 834. Art. 34. Advice to convening authority before referral 

for trial 

‘‘(a) GENERAL COURT-MARTIAL.— 

‘‘(1) STAFF JUDGE ADVOCATE ADVICE REQUIRED BEFORE REFERRAL.—Before referral of charges and specifications to a general court-martial for trial, the convening authority shall submit the matter to the staff judge advocate for advice, which the 

staff judge advocate shall provide to the convening authority in 

writing. The convening authority may not refer a specification 

under a charge to a general court-martial unless the staff judge 

advocate advises the convening authority in writing that— 

‘‘(A) the specification alleges an offense under this 

chapter; 

‘‘(B) there is probable cause to believe that the accused 

committed the offense charged; and 

‘‘(C) a court-martial would have jurisdiction over the 

accused and the offense. 

‘‘(2) STAFF JUDGE ADVOCATE RECOMMENDATION AS TO DISPOSITION.—Together with the written advice provided under 

paragraph (1), the staff judge advocate shall provide a written 

recommendation to the convening authority as to the disposition 

that should be made of the specification in the interest of justice 

and discipline. 

‘‘(3) STAFF JUDGE ADVOCATE ADVICE AND RECOMMENDATION

TO ACCOMPANY REFERRAL.—When a convening authority makes 

a referral for trial by general court-martial, the written advice 

of the staff judge advocate under paragraph (1) and the written 

recommendation of the staff judge advocate under paragraph 

(2) with respect to each specification shall accompany the referral. 

‘‘(b) SPECIAL COURT-MARTIAL; CONVENING AUTHORITY CONSULTATION WITH JUDGE ADVOCATE.—Before referral of charges and 

specifications to a special court-martial for trial, the convening authority shall consult a judge advocate on relevant legal issues. 

‘‘(c) GENERAL AND SPECIAL COURTS-MARTIAL; CORRECTION OF

CHARGES AND SPECIFICATIONS BEFORE REFERRAL.—Before referral 

for trial by general court-martial or special court-martial, changes 

may be made to charges and specifications— 

‘‘(1) to correct errors in form; and 

‘‘(2) when applicable, to conform to the substance of the evidence contained in a report under section 832(c) of this title (article 32(c)). 

‘‘(d) REFERRAL DEFINED.—In this section, the term ‘referral’ 

means the order of a convening authority that charges and specifications against an accused be tried by a specified court-martial.’’. 


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SEC. 5206. SERVICE OF CHARGES AND COMMENCEMENT OF TRIAL. 

Section 835 of title 10, United States Code (article 35 of the 

Uniform Code of Military Justice), is amended to read as follows: 

‘‘§ 835. Art. 35. Service of charges; commencement of trial 

‘‘(a) IN GENERAL.—Trial counsel detailed for a court-martial 

under section 827 of this title (article 27) shall cause to be served 

upon the accused a copy of the charges and specifications referred 

for trial. 

‘‘(b) COMMENCEMENT OF TRIAL.—(1) Subject to paragraphs (2) 

and (3), no trial or other proceeding of a general court-martial or 

a special court-martial (including any session under section 839(a) 

of this title (article 39(a)) may be held over the objection of the accused— 

‘‘(A) with respect to a general court-martial, from the time 

of service through the fifth day after the date of service; or 

‘‘(B) with respect to a special court-martial, from the time 

of service through the third day after the date of service. 

‘‘(2) An objection under paragraph (1) may be raised only at the 

first session of the trial or other proceeding and only if the first session occurs before the end of the applicable period under paragraph 

(1)(A) or (1)(B). If the first session occurs before the end of the applicable period, the military judge shall, at that session, inquire as to 

whether the defense objects under this subsection. 

‘‘(3) This subsection shall not apply in time of war.’’. 

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. 

SEC. 5221. DUTIES OF ASSISTANT DEFENSE COUNSEL. 

Section 838(e) of title 10, United States Code (article 38(e) of the 

Uniform Code of Military Justice), is amended by striking ‘‘, under 

the direction’’ and all that follows through ‘‘(article 27),’’. 

SEC. 5222. SESSIONS. 

Section 839 of title 10, United States Code (article 39 of the 

Uniform Code of Military Justice), is amended— 

(1) in subsection (a)— 

(A) in paragraph (3)— 

(i) by striking ‘‘if permitted by regulations of the 

Secretary concerned,’’; and 


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(ii) by striking ‘‘and’’ at the end; 

(B) by redesignating paragraph (4) as paragraph (5); 

and 

(C) by inserting after paragraph (3) the following new 

paragraph (4): 

‘‘(4) conducting a sentencing proceeding and sentencing the 

accused in non-capital cases unless the accused requests sentencing by members under section 825 of this title (article 25); 

and’’; and 

(2) in the second sentence of subsection (c), by striking ‘‘, in 

cases in which a military judge has been detailed to the court,’’. 

SEC. 5223. TECHNICAL AMENDMENT RELATING TO CONTINUANCES. 

Section 840 of title 10, United States Code (article 40 of the 

Uniform Code of Military Justice), is amended by striking ‘‘courtmartial without a military judge’’ and inserting ‘‘summary courtmartial’’. 

SEC. 5224. CONFORMING AMENDMENTS RELATING TO CHALLENGES. 

Section 841 of title 10, United States Code (article 41 of the 

Uniform Code of Military Justice), is amended— 

(1) in subsection (a)(1), by striking ‘‘, or, if none, the court,’’ 

in the second sentence; 

(2) in subsection (a)(2), by striking ‘‘minimum’’ in the first 

sentence; and 

(3) in subsection (b)(2), by striking ‘‘minimum’’. 

SEC. 5225. STATUTE OF LIMITATIONS. 

(a) INCREASE IN PERIOD FOR CHILD ABUSE OFFENSES.—Subsection (b)(2)(A) of section 843 of title 10, United States Code (article 

43 of the Uniform Code of Military Justice), is amended by striking 

‘‘five years’’ and inserting ‘‘ten years’’. 

(b) INCREASE IN PERIOD FOR FRAUDULENT ENLISTMENT OR APPOINTMENT OFFENSES.—Such section (article) is further amended 

by adding at the end the following new subsection: 

‘‘(h) FRAUDULENT ENLISTMENT OR APPOINTMENT.—A person 

charged with fraudulent enlistment or fraudulent appointment 

under section 904a(1) of this title (article 104a(1)) may be tried by 

court-martial if the sworn charges and specifications are received by 

an officer exercising summary court-martial jurisdiction with respect to that person, as follows: 

‘‘(1) In the case of an enlisted member, during the period 

of the enlistment or five years, whichever provides a longer period. 

‘‘(2) In the case of an officer, during the period of the appointment or five years, whichever provides a longer period.’’. 

(c) DNA EVIDENCE.—Such section (article), as amended by subsection (b) of this section, is further amended by adding at the end 

the following new subsection: 

‘‘(i) DNA EVIDENCE.—If DNA testing implicates an identified 

person in the commission of an offense punishable by confinement 

for more than one year, no statute of limitations that would otherwise preclude prosecution of the offense shall preclude such prosecution until a period of time following the implication of the person 

by DNA testing has elapsed that is equal to the otherwise applicable 

limitation period.’’. 


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(d) CONFORMING AMENDMENTS.—Subsection (b)(2)(B) of such 

section (article) is amended by striking clauses (i) through (v) and 

inserting the following new clauses: 

‘‘(i) Any offense in violation of section 920, 920a, 920b, 

920c, or 930 of this title (article 120, 120a, 120b, 120c, or 130), 

unless the offense is covered by subsection (a). 

‘‘(ii) Maiming in violation of section 928a of this title (article 128a). 

‘‘(iii) Aggravated assault, assault consummated by a battery, or assault with intent to commit specified offenses in violation of section 928 of this title (article 128). 

‘‘(iv) Kidnapping in violation of section 925 of this title (article 125).’’. 

(e) SUBSECTION HEADING AMENDMENTS FOR STYLISTIC CON- SISTENCY.—Such section (article) is further amended— 

(1) in subsection (a), by inserting ‘‘NO LIMITATION FOR CER- TAIN OFFENSES.—’’ after ‘‘(a)’’; 

(2) in subsection (b), by inserting ‘‘FIVE-YEAR LIMITATION

FOR TRIAL BY COURT-MARTIAL.—’’ after ‘‘(b)’’; 

(3) in subsection (c), by inserting ‘‘TOLLING FOR ABSENCE

WITHOUT LEAVE OR FLIGHT FROM JUSTICE.—’’ after ‘‘(c)’’; 

(4) in subsection (d), by inserting ‘‘TOLLING FOR ABSENCE

FROM US OR MILITARY JURISDICTION.—’’ after ‘‘(d)’’; 

(5) in subsection (e), by inserting ‘‘EXTENSION FOR OF- FENSES IN TIME OF WAR DETRIMENTAL TO PROSECUTION OF

WAR.—’’ after ‘‘(e)’’; 

(6) in subsection (f), by inserting ‘‘EXTENSION FOR OTHER

OFFENSES IN TIME OF WAR.—’’ after ‘‘(f)’’; and 

(7) in subsection (g), by inserting ‘‘DEFECTIVE OR INSUFFI- CIENT CHARGES.—’’ after ‘‘(g)’’. 

(f) APPLICATION.—The amendments made by subsections (a), 

(b), (c), and (d) shall apply to the prosecution of any offense committed before, on, or after the date of the enactment of this subsection if the applicable limitation period has not yet expired. 

SEC. 5226. FORMER JEOPARDY. 

Subsection (c) of section 844 of title 10, United States Code (article 44 of the Uniform Code of Military Justice), is amended to read 

as follows: 

‘‘(c)(1) A court-martial with a military judge alone is a trial in 

the sense of this section (article) if, without fault of the accused— 

‘‘(A) after introduction of evidence; and 

‘‘(B) before announcement of findings under section 853 of 

this title (article 53); 

the case is dismissed or terminated by the convening authority or 

on motion of the prosecution for failure of available evidence or witnesses. 

‘‘(2) A court-martial with a military judge and members is a 

trial in the sense of this section (article) if, without fault of the accused— 

‘‘(A) after the members, having taken an oath as members 

under section 842 of this title (article 42) and after completion 

of challenges under section 841 of this title (article 41), are 

impaneled; and 

‘‘(B) before announcement of findings under section 853 of 

this title (article 53); 


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the case is dismissed or terminated by the convening authority or 

on motion of the prosecution for failure of available evidence or witnesses.’’. 

SEC. 5227. PLEAS OF THE ACCUSED. 

(a) PLEAS OF GUILTY.—Subsection (b) of section 845 of title 10, 

United States Code (article 45 of the Uniform Code of Military Justice), is amended— 

(1) in the first sentence, by striking ‘‘may be adjudged’’ and 

inserting ‘‘is mandatory’’; and 

(2) in the second sentence— 

(A) by striking ‘‘or by a court-martial without a military judge’’; and 

(B) by striking ‘‘, if permitted by regulations of the Secretary concerned,’’. 

(b) HARMLESS ERROR.—Such section (article) is further amended by adding at the end the following new subsection: 

‘‘(c) HARMLESS ERROR.—A variance from the requirements of 

this article is harmless error if the variance does not materially 

prejudice the substantial rights of the accused.’’. 

(c) SUBSECTION HEADING AMENDMENTS FOR STYLISTIC CONSISTENCY.—Such section (article) is further amended— 

(1) in subsection (a), by inserting ‘‘IRREGULAR AND SIMILAR

PLEAS.—’’ after ‘‘(a)’’; and 

(2) in subsection (b), by inserting ‘‘PLEAS OF GUILTY.—’’ 

after ‘‘(b)’’. 

SEC. 5228. SUBPOENA AND OTHER PROCESS. 

(a) AMENDMENTS TO UCMJ ARTICLE.— 

(1) IN GENERAL.—Subsection (a) of section 846 of title 10, 

United States Code (article 46 of the Uniform Code of Military 

Justice), is amended by striking ‘‘The counsel for the Government, the counsel for the accused,’’ and inserting ‘‘In a case referred for trial by court-martial, the trial counsel, the defense 

counsel,’’. 

(2) SUBPOENA AND OTHER PROCESS GENERALLY.—Subsection (b) of such section (article) is amended to read as follows: 

‘‘(b) SUBPOENA AND OTHER PROCESS GENERALLY.—Any subpoena or other process issued under this section (article)— 

‘‘(1) shall be similar to that which courts of the United 

States having criminal jurisdiction may issue; 

‘‘(2) shall be executed in accordance with regulations prescribed by the President; and 

‘‘(3) shall run to any part of the United States and to the 

Commonwealths and possessions of the United States.’’. 

(3) SUBPOENA AND OTHER PROCESS FOR WITNESSES.—Subsection (c) of such section (article) is amended to read as follows: 

‘‘(c) SUBPOENA AND OTHER PROCESS FOR WITNESSES.—A subpoena or other process may be issued to compel a witness to appear 

and testify— 

‘‘(1) before a court-martial, military commission, or court of 

inquiry; 

‘‘(2) at a deposition under section 849 of this title (article 

49); or 


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‘‘(3) as otherwise authorized under this chapter.’’. 

(4) OTHER MATTERS.—Such section (article) is further 

amended by adding at the end the following new subsections: 

‘‘(d) SUBPOENA AND OTHER PROCESS FOR EVIDENCE.— 

‘‘(1) IN GENERAL.—A subpoena or other process may be 

issued to compel the production of evidence— 

‘‘(A) for a court-martial, military commission, or court 

of inquiry; 

‘‘(B) for a deposition under section 849 of this title (article 49); 

‘‘(C) for an investigation of an offense under this chapter; or 

‘‘(D) as otherwise authorized under this chapter. 

‘‘(2) INVESTIGATIVE SUBPOENA.—An investigative subpoena 

under paragraph (1)(C) may be issued before referral of charges 

to a court-martial only if a general court-martial convening authority has authorized counsel for the Government to issue such 

a subpoena or a military judge issues such a subpoena pursuant to section 830a of this title (article 30a). 

‘‘(3) WARRANT OR ORDER FOR WIRE OR ELECTRONIC COMMUNICATIONS.—With respect to an investigation of an offense 

under this chapter, a military judge detailed in accordance 

with section 826 or 830a of this title (article 26 or 30a) may 

issue warrants or court orders for the contents of, and records 

concerning, wire or electronic communications in the same 

manner as such warrants and orders may be issued by a district court of the United States under chapter 121 of title 18, 

subject to such limitations as the President may prescribe by 

regulation. 

‘‘(e) REQUEST FOR RELIEF FROM SUBPOENA OR OTHER PROCESS.—If a person requests relief from a subpoena or other process 

under this section (article) on grounds that compliance is unreasonable or oppressive or is prohibited by law, a military judge detailed 

in accordance with section 826 or 830a of this title (article 26 or 

30a) shall review the request and shall— 

‘‘(1) order that the subpoena or other process be modified or 

withdrawn, as appropriate; or 

‘‘(2) order the person to comply with the subpoena or other 

process.’’. 

(5) SECTION HEADING.—The heading of such section (article) is amended to read as follows: 

‘‘§ 846. Art. 46. Opportunity to obtain witnesses and other evidence in trials by court-martial’’. 

(b) CONFORMING AMENDMENTS TO TITLE 18, UNITED STATES

CODE.— 

(1) Section 2703 of title 18, United States Code, is amended— 

(A) in the first sentence of subsection (a); 

(B) in subsection (b)(1)(A); and 

(C) in subsection (c)(1)(A); 

by inserting after ‘‘warrant procedures’’ the following: ‘‘and, in 

the case of a court-martial or other proceeding under chapter 47 

of title 10 (the Uniform Code of Military Justice), issued under 


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section 846 of that title, in accordance with regulations prescribed by the President’’. 

(2) Section 2711(3) of title 18, United States Code, is 

amended— 

(A) in subparagraph (A), by striking ‘‘or’’ at the end; 

(B) in subparagraph (B), by striking ‘‘and’’ at the end 

and inserting ‘‘or’’; and 

(C) by adding at the end the following new subparagraph: 

‘‘(C) a court-martial or other proceeding under chapter 

47 of title 10 (the Uniform Code of Military Justice) to 

which a military judge has been detailed; and’’. 

SEC. 5229. REFUSAL OF PERSON NOT SUBJECT TO UCMJ TO APPEAR, 

TESTIFY, OR PRODUCE EVIDENCE. 

(a) IN GENERAL.—Subsection (a) of section 847 of title 10, 

United States Code (article 47 of the Uniform Code of Military Justice), is amended to read as follows: 

‘‘(a) IN GENERAL.—(1) Any person described in paragraph (2) 

who— 

‘‘(A) willfully neglects or refuses to appear; or 

‘‘(B) willfully refuses to qualify as a witness or to testify or 

to produce any evidence which that person is required to 

produce; 

is guilty of an offense against the United States. 

‘‘(2) The persons referred to in paragraph (1) are the following: 

‘‘(A) Any person not subject to this chapter who— 

‘‘(i) is issued a subpoena or other process described in 

subsection (c) of section 846 of this title (article 46); and 

‘‘(ii) is provided a means for reimbursement from the 

Government for fees and mileage at the rates allowed to 

witnesses attending the courts of the United States or, in 

the case of extraordinary hardship, is advanced such fees 

and mileage. 

‘‘(B) Any person not subject to this chapter who is issued a 

subpoena or other process described in subsection (d) of section 

846 of this title (article 46).’’. 

(b) SECTION HEADING.—The heading of such section (article) is 

amended to read as follows: 

‘‘§ 847. Art. 47. Refusal of person not subject to chapter to appear, testify, or produce evidence’’. 

SEC. 5230. CONTEMPT. 

(a) AUTHORITY TO PUNISH.—Subsection (a) of section 848 of 

title 10, United States Code (article 48 of the Uniform Code of Military Justice), is amended to read as follows: 

‘‘(a) AUTHORITY TO PUNISH.—(1) With respect to any proceeding 

under this chapter, a judicial officer specified in paragraph (2) may 

punish for contempt any person who— 

‘‘(A) uses any menacing word, sign, or gesture in the presence of the judicial officer during the proceeding; 

‘‘(B) disturbs the proceeding by any riot or disorder; or 

‘‘(C) willfully disobeys a lawful writ, process, order, rule, 

decree, or command issued with respect to the proceeding. 

‘‘(2) A judicial officer referred to in paragraph (1) is any of the 

following: 


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‘‘(A) Any judge of the Court of Appeals for the Armed Forces 

and any judge of a Court of Criminal Appeals under section 

866 of this title (article 66). 

‘‘(B) Any military judge detailed to a court-martial, a provost court, a military commission, or any other proceeding 

under this chapter. 

‘‘(C) Any military magistrate designated to preside under 

section 819 of this title (article 19). 

‘‘(D) The president of a court of inquiry.’’. 

(b) REVIEW.—Such section (article) is further amended— 

(1) by redesignating subsection (c) as subsection (d); and 

(2) by inserting after subsection (b) the following new subsection (c): 

‘‘(c) REVIEW.—A punishment under this section— 

‘‘(1) if imposed by a military judge or military magistrate, 

may be reviewed by the Court of Criminal Appeals in accordance with the uniform rules of procedure for the Courts of 

Criminal Appeals under section 866(g) of this title (article 

66(g)); 

‘‘(2) if imposed by a judge of the Court of Appeals for the 

Armed Forces or a judge of a Court of Criminal Appeals, shall 

constitute a judgment of the court, subject to review under the 

applicable provisions of section 867 or 867a of this title (article 

67 or 67a); and 

‘‘(3) if imposed by a court of inquiry, shall be subject to review by the convening authority in accordance with rules prescribed by the President.’’. 

(c) SECTION HEADING.—The heading of such section (article) is 

amended to read as follows: 

‘‘§ 848. Art. 48. Contempt’’. 

SEC. 5231. DEPOSITIONS. 

Section 849 of title 10, United States Code (article 49 of the 

Uniform Code of Military Justice), is amended to read as follows: 

‘‘§ 849. Art. 49. Depositions 

‘‘(a) IN GENERAL.—(1) Subject to paragraph (2), a convening authority or a military judge may order depositions at the request of 

any party. 

‘‘(2) A deposition may be ordered under paragraph (1) only if 

the requesting party demonstrates that, due to exceptional circumstances, it is in the interest of justice that the testimony of a 

prospective witness be preserved for use at a court-martial, military 

commission, court of inquiry, or other military court or board. 

‘‘(3) A party who requests a deposition under this section shall 

give to every other party reasonable written notice of the time and 

place for the deposition. 

‘‘(4) A deposition under this section shall be taken before, and 

authenticated by, an impartial officer, as follows: 

‘‘(A) Whenever practicable, by an impartial judge advocate 

certified under section 827(b) of this title (article 27(b)). 

‘‘(B) In exceptional circumstances, by an impartial military 

or civil officer authorized to administer oaths by (i) the laws of 

the United States or (ii) the laws of the place where the deposition is taken. 


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‘‘(b) REPRESENTATION BY COUNSEL.—Representation of the parties with respect to a deposition shall be by counsel detailed in the 

same manner as trial counsel and defense counsel are detailed 

under section 827 of this title (article 27). In addition, the accused 

shall have the right to be represented by civilian or military counsel 

in the same manner as such counsel are provided for in section 

838(b) of this title (article 38(b)). 

‘‘(c) ADMISSIBILITY AND USE AS EVIDENCE.—A deposition order 

under subsection (a) does not control the admissibility of the deposition in a court-martial or other proceeding under this chapter. Except as provided by subsection (d), a party may use all or part of 

a deposition as provided by the rules of evidence. 

‘‘(d) CAPITAL CASES.—Testimony by deposition may be presented in capital cases only by the defense.’’. 

SEC. 5232. ADMISSIBILITY OF SWORN TESTIMONY BY AUDIOTAPE OR 

VIDEOTAPE FROM RECORDS OF COURTS OF INQUIRY. 

(a) IN GENERAL.—Section 850 of title 10, United States Code 

(article 50 of the Uniform Code of Military Justice), is amended by 

adding at the end the following new subsection: 

‘‘(d) AUDIOTAPE OR VIDEOTAPE.—Sworn testimony that— 

‘‘(1) is recorded by audiotape, videotape, or similar method; 

and 

‘‘(2) is contained in the duly authenticated record of proceedings of a court of inquiry; 

is admissible before a court-martial, military commission, court of 

inquiry, or military board, to the same extent as sworn testimony 

may be read in evidence before any such body under subsection (a), 

(b), or (c).’’. 

(b) SECTION HEADING.—The heading of such section (article) is 

amended to read as follows: 

‘‘§ 850. Art. 50. Admissibility of sworn testimony from records 

of courts of inquiry’’. 

(c) SUBSECTION HEADING AMENDMENTS FOR STYLISTIC CONSISTENCY.—Such section (article) is further amended— 

(1) in subsection (a), by inserting ‘‘USE AS EVIDENCE BY

ANY PARTY.—’’ after ‘‘(a)’’; 

(2) in subsection (b), by inserting ‘‘USE AS EVIDENCE BY DEFENSE.—’’ after ‘‘(b)’’; and 

(3) in subsection (c), by inserting ‘‘USE IN COURTS OF INQUIRY AND MILITARY BOARDS.—’’ after ‘‘(c)’’. 

SEC. 5233. CONFORMING AMENDMENT RELATING TO DEFENSE OF 

LACK OF MENTAL RESPONSIBILITY. 

Section 850a(c) of title 10, United States Code (article 50a(c) of 

the Uniform Code of Military Justice), is amended by striking ‘‘, or 

the president of a court-martial without a military judge,’’. 

SEC. 5234. VOTING AND RULINGS. 

Section 851 of title 10, United States Code (article 51 of the 

Uniform Code of Military Justice), is amended— 

(1) in subsection (a), by striking ‘‘, and by members of a 

court-martial without a military judge upon questions of challenge,’’ in the first sentence; 

(2) in subsection (b)— 


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(A) in the first sentence, by striking ‘‘and, except for 

questions of challenge, the president of a court-martial 

without a military judge’’; and 

(B) in the second sentence, by striking ‘‘, or by the 

president’’ and all that follows through the end of the subsection and inserting ‘‘is final and constitutes the ruling of 

the court, except that the military judge may change a ruling at any time during trial.’’; and 

(3) in subsection (c), by striking ‘‘or the president of a courtmartial without a military judge’’ in the matter before paragraph (1). 

SEC. 5235. VOTES REQUIRED FOR CONVICTION, SENTENCING, AND 

OTHER MATTERS. 

Section 852 of title 10, United States Code (article 52 of the 

Uniform Code of Military Justice), is amended to read as follows: 

‘‘§ 852. Art. 52. Votes required for conviction, sentencing, and 

other matters 

‘‘(a) IN GENERAL.—No person may be convicted of an offense in 

a general or special court-martial, other than— 

‘‘(1) after a plea of guilty under section 845(b) of this title 

(article 45(b)); 

‘‘(2) by a military judge in a court-martial with a military 

judge alone, under section 816 of this title (article 16); or 

‘‘(3) in a court-martial with members under section 816 of 

this title (article 16), by the concurrence of at least three-fourths 

of the members present when the vote is taken. 

‘‘(b) LEVEL OF CONCURRENCE REQUIRED.— 

‘‘(1) IN GENERAL.—Except as provided in subsection (a) and 

in paragraph (2), all matters to be decided by members of a 

general or special court-martial shall be determined by a majority vote, but a reconsideration of a finding of guilty or reconsideration of a sentence, with a view toward decreasing the sentence, may be made by any lesser vote which indicates that the 

reconsideration is not opposed by the number of votes required 

for that finding or sentence. 

‘‘(2) SENTENCING.—A sentence of death requires (A) a unanimous finding of guilty of an offense in this chapter expressly 

made punishable by death and (B) a unanimous determination 

by the members that the sentence for that offense shall include 

death. All other sentences imposed by members shall be determined by the concurrence of at least three-fourths of the members present when the vote is taken.’’. 

SEC. 5236. FINDINGS AND SENTENCING. 

Section 853 of title 10, United States Code (article 53 of the 

Uniform Code of Military Justice), is amended to read as follows: 

‘‘§ 853. Art. 53. Findings and sentencing 

‘‘(a) ANNOUNCEMENT.—A court-martial shall announce its findings and sentence to the parties as soon as determined. 

‘‘(b) SENTENCING GENERALLY.— ‘‘(1) GENERAL AND SPECIAL COURTS-MARTIAL.— ‘‘(A) SENTENCING BY MILITARY JUDGE.—Except as provided in subparagraph (B), and in subsection (c) for capital 


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offenses, if the accused is convicted of an offense in a trial 

by general or special court-martial, the military judge shall 

sentence the accused. 

‘‘(B) SENTENCING BY MEMBERS.—If the accused is convicted of an offense in a trial by general or special courtmartial consisting of a military judge and members and 

the accused elects sentencing by members under section 825 

of this title (article 25), the members shall sentence the accused. 

‘‘(C) SENTENCE OF THE ACCUSED.—The sentence determined pursuant to this paragraph constitutes the sentence 

of the accused. 

‘‘(2) SUMMARY COURTS-MARTIAL.—If the accused is convicted of an offense in a trial by summary court-martial, the 

court-martial shall sentence the accused. 

‘‘(c) SENTENCING FOR CAPITAL OFFENSES.— ‘‘(1) IN GENERAL.—In a capital case, if the accused is convicted of an offense for which the court-martial may sentence 

the accused to death, the members shall determine whether the 

sentence for that offense shall be death or a lesser authorized 

punishment. 

‘‘(2) LESSER AUTHORIZED PUNISHMENTS.—In accordance 

with regulations prescribed by the President, the court-martial 

may include in any sentence to death or life in prison without 

eligibility for parole other lesser punishments authorized under 

this chapter. 

‘‘(3) OTHER NON-CAPITAL OFFENSES.—In a capital case, if 

the accused is convicted of a non-capital offense, the accused 

shall be sentenced for such non-capital offense in accordance 

with subsection (b), regardless of whether the accused is convicted of an offense for which the court-martial may sentence 

the accused to death.’’. 

SEC. 5237. PLEA AGREEMENTS. 

Subchapter VII of chapter 47 of title 10, United States Code, is 

amended by inserting after section 853 (article 53 of the Uniform 

Code of Military Justice), as amended by section 5236 of this Act, 

the following new section (article): 

‘‘§ 853a. Art. 53a. Plea agreements 

‘‘(a) IN GENERAL.—(1) At any time before the announcement of 

findings under section 853 of this title (article 53), the convening 

authority and the accused may enter into a plea agreement with respect to such matters as— 

‘‘(A) the manner in which the convening authority will dispose of one or more charges and specifications; and 

‘‘(B) limitations on the sentence that may be adjudged for 

one or more charges and specifications. 

‘‘(2) The military judge of a general or special court-martial 

may not participate in discussions between the parties concerning 

prospective terms and conditions of a plea agreement. 

‘‘(b) LIMITATION ON ACCEPTANCE OF PLEA AGREEMENTS.—The 

military judge of a general or special court-martial shall reject a 

plea agreement that— 

‘‘(1) contains a provision that has not been accepted by both 

parties; 


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‘‘(2) contains a provision that is not understood by the accused; or 

‘‘(3) except as provided in subsection (c), contains a provision for a sentence that is less than the mandatory minimum 

sentence applicable to an offense referred to in section 856(b)(2) 

of this title (article 56(b)(2)). 

‘‘(c) LIMITED CONDITIONS FOR ACCEPTANCE OF PLEA AGREEMENT FOR SENTENCE BELOW MANDATORY MINIMUM FOR CERTAIN

OFFENSES.—With respect to an offense referred to in section 

856(b)(2) of this title (article 56(b)(2))— 

‘‘(1) the military judge may accept a plea agreement that 

provides for a sentence of bad conduct discharge; and 

‘‘(2) upon recommendation of the trial counsel, in exchange 

for substantial assistance by the accused in the investigation or 

prosecution of another person who has committed an offense, 

the military judge may accept a plea agreement that provides 

for a sentence that is less than the mandatory minimum sentence for the offense charged. 

‘‘(d) BINDING EFFECT OF PLEA AGREEMENT.—Upon acceptance 

by the military judge of a general or special court-martial, a plea 

agreement shall bind the parties and the military judge.’’. 

SEC. 5238. RECORD OF TRIAL. 

Section 854 of title 10, United States Code (article 54 of the 

Uniform Code of Military Justice), is amended— 

(1) by striking subsection (a) and inserting the following 

new subsection (a): 

‘‘(a) GENERAL AND SPECIAL COURTS-MARTIAL.—Each general or 

special court-martial shall keep a separate record of the proceedings 

in each case brought before it. The record shall be certified by a 

court-reporter, except that in the case of death, disability, or absence 

of a court reporter, the record shall be certified by an official selected as the President may prescribe by regulation.’’; 

(2) in subsection (b)— 

(A) by striking ‘‘(b) Each special and summary courtmartial’’ and inserting ‘‘(b) SUMMARY COURTS-MARTIAL.— 

Each summary court-martial’’; and 

(B) by striking ‘‘authenticated’’ and inserting ‘‘certified’’; 

(3) by striking subsection (c) and inserting the following 

new subsection (c): 

‘‘(c) CONTENTS OF RECORD.—(1) Except as provided in paragraph (2), the record shall contain such matters as the President 

may prescribe by regulation. 

‘‘(2) In accordance with regulations prescribed by the President, 

a complete record of proceedings and testimony shall be prepared in 

any case of a sentence of death, dismissal, discharge, confinement 

for more than six months, or forfeiture of pay for more than six 

months.’’; 

(4) in subsection (d)— 

(A) by striking ‘‘(d) A copy’’ and inserting ‘‘(d) COPY TO

ACCUSED.—A copy’’; and 

(B) by striking ‘‘authenticated’’ and inserting ‘‘certified’’; and 

(5) in subsection (e)— 


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(A) by striking ‘‘(e) In the case’’ and inserting ‘‘(e) COPY

TO VICTIM.—In the case’’; 

(B) by striking ‘‘involving a sexual assault or other offense covered by section 920 of this title (article 120),’’ in 

the first sentence and inserting ‘‘, upon request,’’; and 

(C) by striking ‘‘authenticated’’ in the second sentence 

and inserting ‘‘certified’’. 

TITLE LVIII—SENTENCES 

Sec. 5301. Sentencing. 

Sec. 5302. Effective date of sentences. 

Sec. 5303. Sentence of reduction in enlisted grade. 

SEC. 5301. SENTENCING. 

(a) IN GENERAL.—Section 856 of title 10, United States Code 

(article 56 of the Uniform Code of Military Justice), is amended to 

read as follows: 

‘‘§ 856. Art. 56. Sentencing 

‘‘(a) SENTENCE MAXIMUMS.—The punishment which a courtmartial may direct for an offense may not exceed such limits as the 

President may prescribe for that offense. 

‘‘(b) SENTENCE MINIMUMS FOR CERTAIN OFFENSES.—(1) Except 

as provided in subsection (d) of section 853a of this title (article 

53a), punishment for any offense specified in paragraph (2) shall include dismissal or dishonorable discharge, as applicable. 

‘‘(2) The offenses referred to in paragraph (1) are as follows: 

‘‘(A) Rape under subsection (a) of section 920 of this title 

(article 120). 

‘‘(B) Sexual assault under subsection (b) of such section (article). 

‘‘(C) Rape of a child under subsection (a) of section 920b of 

this title (article 120b). 

‘‘(D) Sexual assault of a child under subsection (b) of such 

section (article). 

‘‘(E) An attempt to commit an offense specified in subparagraph (A), (B), (C), or (D) that is punishable under section 880 

of this title (article 80). 

‘‘(F) Conspiracy to commit an offense specified in subparagraph (A), (B), (C), or (D) that is punishable under section 881 

of this title (article 81). 

‘‘(c) IMPOSITION OF SENTENCE.— ‘‘(1) IN GENERAL.—In sentencing an accused under section 

853 of this title (article 53), a court-martial shall impose punishment that is sufficient, but not greater than necessary, to 

promote justice and to maintain good order and discipline in 

the armed forces, taking into consideration— 

‘‘(A) the nature and circumstances of the offense and 

the history and characteristics of the accused; 

‘‘(B) the impact of the offense on— 

‘‘(i) the financial, social, psychological, or medical 

well-being of any victim of the offense; and 

‘‘(ii) the mission, discipline, or efficiency of the 

command of the accused and any victim of the offense; 

‘‘(C) the need for the sentence— 

‘‘(i) to reflect the seriousness of the offense; 

‘‘(ii) to promote respect for the law; 


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‘‘(iii) to provide just punishment for the offense; 

‘‘(iv) to promote adequate deterrence of misconduct; 

‘‘(v) to protect others from further crimes by the accused; 

‘‘(vi) to rehabilitate the accused; and 

‘‘(vii) to provide, in appropriate cases, the opportunity for retraining and return to duty to meet the 

needs of the service; and 

‘‘(D) the sentences available under this chapter. 

‘‘(2) SENTENCING BY MILITARY JUDGE.—In announcing the 

sentence in a general or special court-martial in which the accused is sentenced by a military judge alone under section 853 

of this title (article 53), the military judge shall, with respect to 

each offense of which the accused is found guilty, specify the 

term of confinement, if any, and the amount of the fine, if any. 

If the accused is sentenced to confinement for more than one offense, the military judge shall specify whether the terms of confinement are to run consecutively or concurrently. 

‘‘(3) SENTENCING BY MEMBERS.—In a general or special 

court-martial in which the accused has elected sentencing by 

members, the court-martial shall announce a single sentence for 

all of the offenses of which the accused was found guilty. 

‘‘(4) SENTENCE OF CONFINEMENT FOR LIFE WITHOUT ELIGIBILITY FOR PAROLE.—(A) If an offense is subject to a sentence 

of confinement for life, a court-martial may impose a sentence 

of confinement for life without eligibility for parole. 

‘‘(B) An accused who is sentenced to confinement for life 

without eligibility for parole shall be confined for the remainder 

of the accused’s life unless— 

‘‘(i) the sentence is set aside or otherwise modified as 

a result of— 

‘‘(I) action taken by the convening authority or the 

Secretary concerned; or 

‘‘(II) any other action taken during post-trial procedure and review under any other provision of subchapter IX of this chapter; 

‘‘(ii) the sentence is set aside or otherwise modified as 

a result of action taken by a Court of Criminal Appeals, the 

Court of Appeals for the Armed Forces, or the Supreme 

Court; or 

‘‘(iii) the accused is pardoned. 

‘‘(d) APPEAL OF SENTENCE BY THE UNITED STATES.—(1) With 

the approval of the Judge Advocate General concerned, the Government may appeal a sentence to the Court of Criminal Appeals, on 

the grounds that— 

‘‘(A) the sentence violates the law; or 

‘‘(B) the sentence is plainly unreasonable. 

‘‘(2) An appeal under this subsection must be filed within 60 

days after the date on which the judgment of a court-martial is entered into the record under section 860c of this title (article 60c).’’. 

(b) CONFORMING AMENDMENT.—Section 856a of title 10, United 

States Code (article 56a of the Uniform Code of Military Justice), 

is repealed. 


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SEC. 5302. EFFECTIVE DATE OF SENTENCES. 

(a) IN GENERAL.—Section 857 of title 10, United States Code 

(article 57 of the Uniform Code of Military Justice), is amended to 

read as follows: 

‘‘§ 857. Art. 57. Effective date of sentences 

‘‘(a) EXECUTION OF SENTENCES.—A court-martial sentence shall 

be executed and take effect as follows: 

‘‘(1) FORFEITURE AND REDUCTION.—A forfeiture of pay or 

allowances shall be applicable to pay and allowances accruing 

on and after the date on which the sentence takes effect. Any 

forfeiture of pay or allowances or reduction in grade that is included in a sentence of a court-martial takes effect on the earlier of— 

‘‘(A) the date that is 14 days after the date on which 

the sentence is adjudged; or 

‘‘(B) in the case of a summary court-martial, the date 

on which the sentence is approved by the convening authority. 

‘‘(2) CONFINEMENT.—Any period of confinement included in 

a sentence of a court-martial begins to run from the date the 

sentence is adjudged by the court-martial, but periods during 

which the sentence to confinement is suspended or deferred 

shall be excluded in computing the service of the term of confinement. 

‘‘(3) APPROVAL OF SENTENCE OF DEATH.—If the sentence of 

the court-martial extends to death, that part of the sentence providing for death may not be executed until approved by the 

President. In such a case, the President may commute, remit, 

or suspend the sentence, or any part thereof, as the President 

sees fit. That part of the sentence providing for death may not 

be suspended. 

‘‘(4) APPROVAL OF DISMISSAL.—If in the case of a commissioned officer, cadet, or midshipman, the sentence of a courtmartial extends to dismissal, that part of the sentence providing 

for dismissal may not be executed until approved by the Secretary concerned or such Under Secretary or Assistant Secretary 

as may be designated by the Secretary concerned. In such a 

case, the Secretary, Under Secretary, or Assistant Secretary, as 

the case may be, may commute, remit, or suspend the sentence, 

or any part of the sentence, as the Secretary sees fit. In time of 

war or national emergency he may commute a sentence of dismissal to reduction to any enlisted grade. A person so reduced 

may be required to serve for the duration of the war or emergency and six months thereafter. 

‘‘(5) COMPLETION OF APPELLATE REVIEW.—If a sentence extends to death, dismissal, or a dishonorable or bad-conduct discharge, that part of the sentence extending to death, dismissal, 

or a dishonorable or bad-conduct discharge may be executed, in 

accordance with service regulations, after completion of appellate review (and, with respect to death or dismissal, approval 

under paragraph (3) or (4), as appropriate). 

‘‘(6) OTHER SENTENCES.—Except as otherwise provided in 

this subsection, a general or special court-martial sentence is effective upon entry of judgment and a summary court-martial 


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sentence is effective when the convening authority acts on the 

sentence. 

‘‘(b) DEFERRAL OF SENTENCES.— 

‘‘(1) IN GENERAL.—On application by an accused, the convening authority or, if the accused is no longer under his or her 

jurisdiction, the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may, in his or her sole discretion, defer the effective date 

of a sentence of confinement, reduction, or forfeiture. The 

deferment shall terminate upon entry of judgment or, in the 

case of a summary court-martial, when the convening authority 

acts on the sentence. The deferment may be rescinded at any 

time by the officer who granted it or, if the accused is no longer 

under his jurisdiction, by the officer exercising general courtmartial jurisdiction over the command to which the accused is 

currently assigned. 

‘‘(2) DEFERRAL OF CERTAIN PERSONS SENTENCED TO CONFINEMENT.—In any case in which a court-martial sentences a 

person referred to in paragraph (3) to confinement, the convening authority may defer the service of the sentence to confinement, without the consent of that person, until after the person has been permanently released to the armed forces by a 

State or foreign country referred to in that paragraph. 

‘‘(3) COVERED PERSONS.—Paragraph (2) applies to a person 

subject to this chapter who— 

‘‘(A) while in the custody of a State or foreign country 

is temporarily returned by that State or foreign country to 

the armed forces for trial by court-martial; and 

‘‘(B) after the court-martial, is returned to that State or 

foreign country under the authority of a mutual agreement 

or treaty, as the case may be. 

‘‘(4) STATE DEFINED.—In this subsection, the term ‘State’ includes the District of Columbia and any Commonwealth, territory, or possession of the United States. 

‘‘(5) DEFERRAL WHILE REVIEW PENDING.—In any case in 

which a court-martial sentences a person to confinement, but in 

which review of the case under section 867(a)(2) of this title (article 67(a)(2)) is pending, the Secretary concerned may defer further service of the sentence to confinement while that review is 

pending. 

‘‘(c) APPELLATE REVIEW.— 

‘‘(1) COMPLETION OF APPELLATE REVIEW.—Appellate review 

is complete under this section when— 

‘‘(A) a review under section 865 of this title (article 65) 

is completed; or 

‘‘(B) a review under section 866 of this title (article 66) 

is completed by a Court of Criminal Appeals and— 

‘‘(i) the time for the accused to file a petition for review by the Court of Appeals for the Armed Forces has 

expired and the accused has not filed a timely petition 

for such review and the case is not otherwise under review by that Court; 

‘‘(ii) such a petition is rejected by the Court of Appeals for the Armed Forces; or 


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‘‘(iii) review is completed in accordance with the 

judgment of the Court of Appeals for the Armed Forces 

and— 

‘‘(I) a petition for a writ of certiorari is not 

filed within the time limits prescribed by the Supreme Court; 

‘‘(II) such a petition is rejected by the Supreme 

Court; or 

‘‘(III) review is otherwise completed in accordance with the judgment of the Supreme Court. 

‘‘(2) COMPLETION AS FINAL JUDGMENT OF LEGALITY OF PRO- CEEDINGS.—The completion of appellate review shall constitute 

a final judgment as to the legality of the proceedings.’’. 

(b) CONFORMING AMENDMENTS.— 

(1) Subchapter VIII of chapter 47 of title 10, United States 

Code, is amended by striking section 857a (article 57a of the 

Uniform Code of Military Justice). 

(2) Subchapter IX of chapter 47 of title 10, United States 

Code, is amended by striking section 871 (article 71 of the Uniform Code of Military Justice). 

(3) The second sentence of subsection (a)(1) of section 858b 

of title 10, United States Code (article 58b of the Uniform Code 

of Military Justice), is amended by striking ‘‘section 857(a) of 

this title (article 57(a))’’ and inserting ‘‘section 857 of this title 

(article 57)’’. 

SEC. 5303. SENTENCE OF REDUCTION IN ENLISTED GRADE. 

Section 858a of title 10, United States Code (article 58a of the 

Uniform Code of Military Justice), is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘Unless otherwise provided in regulations to be prescribed by the Secretary concerned, a’’ and inserting ‘‘A’’; 

(B) by striking ‘‘as approved by the convening authority’’ and inserting ‘‘as set forth in the judgment of the courtmartial entered into the record under section 860c of this 

title (article 60c)’’; and 

(C) in the matter after paragraph (3), by striking ‘‘of 

that approval’’ and inserting ‘‘on which the judgment is so 

entered’’; and 

(2) in subsection (b), by striking ‘‘disapproved, or, as finally 

approved’’ and inserting ‘‘reduced, or, as finally affirmed’’. 

TITLE LIX—POST-TRIAL PROCEDURE AND REVIEW OF COURTSMARTIAL 

Sec. 5321. Post-trial processing in general and special courts-martial. 

Sec. 5322. Limited authority to act on sentence in specified post-trial circumstances. 

Sec. 5323. Post-trial actions in summary courts-martial and certain general and 

special courts-martial. 

Sec. 5324. Entry of judgment. 

Sec. 5325. Waiver of right to appeal and withdrawal of appeal. 

Sec. 5326. Appeal by the United States. 

Sec. 5327. Rehearings. 

Sec. 5328. Judge advocate review of finding of guilty in summary court-martial. 

Sec. 5329. Transmittal and review of records. 

Sec. 5330. Courts of Criminal Appeals. 

Sec. 5331. Review by Court of Appeals for the Armed Forces. 

Sec. 5332. Supreme Court review. 

Sec. 5333. Review by Judge Advocate General. 


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Sec. 5334. Appellate defense counsel in death penalty cases. 

Sec. 5335. Authority for hearing on vacation of suspension of sentence to be conducted by qualified judge advocate. 

Sec. 5336. Extension of time for petition for new trial. 

Sec. 5337. Restoration. 

Sec. 5338. Leave requirements pending review of certain court-martial convictions. 

SEC. 5321. POST-TRIAL PROCESSING IN GENERAL AND SPECIAL 

COURTS-MARTIAL. 

Section 860 of title 10, United States Code (article 60 of the 

Uniform Code of Military Justice), is amended to read as follows: 

‘‘§ 860. Art 60. Post-trial processing in general and special 

courts-martial 

‘‘(a) STATEMENT OF TRIAL RESULTS.—(1) The military judge of 

a general or special court-martial shall enter into the record of trial 

a document entitled ‘Statement of Trial Results’, which shall set 

forth— 

‘‘(A) each plea and finding; 

‘‘(B) the sentence, if any; and 

‘‘(C) such other information as the President may prescribe 

by regulation. 

‘‘(2) Copies of the Statement of Trial Results shall be provided 

promptly to the convening authority, the accused, and any victim of 

the offense. 

‘‘(b) POST-TRIAL MOTIONS.—In accordance with regulations prescribed by the President, the military judge in a general or special 

court-martial shall address all post-trial motions and other posttrial matters that— 

‘‘(1) may affect a plea, a finding, the sentence, the Statement of Trial Results, the record of trial, or any post-trial action by the convening authority; and 

‘‘(2) are subject to resolution by the military judge before 

entry of judgment.’’. 

SEC. 5322. LIMITED AUTHORITY TO ACT ON SENTENCE IN SPECIFIED 

POST-TRIAL CIRCUMSTANCES. 

Subchapter IX of chapter 47 of title 10, United States Code, is 

amended by inserting after section 860 (article 60 of the Uniform 

Code of Military Justice), as amended by section 5321 of this Act, 

the following new section (article): 

‘‘§ 860a. Art. 60a. Limited authority to act on sentence in 

specified post-trial circumstances 

‘‘(a) IN GENERAL.—(1) The convening authority of a general or 

special court-martial described in paragraph (2)— 

‘‘(A) may act on the sentence of the court-martial only as 

provided in subsection (b), (c), or (d); and 

‘‘(B) may not act on the findings of the court-martial. 

‘‘(2) The courts-martial referred to in paragraph (1) are the following: 

‘‘(A) A general or special court-martial in which the maximum sentence of confinement established under subsection (a) 

of section 856 of this title (article 56) for any offense of which 

the accused is found guilty is more than two years. 

‘‘(B) A general or special court-martial in which the total 

of the sentences of confinement imposed, running consecutively, 

is more than six months. 


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‘‘(C) A general or special court-martial in which the sentence imposed includes a dismissal, dishonorable discharge, or 

bad-conduct discharge. 

‘‘(D) A general or special court-martial in which the accused is found guilty of a violation of subsection (a) or (b) of 

section 920 of this title (article 120), section 920b of this title 

(article 120b), or such other offense as the Secretary of Defense 

may specify by regulation. 

‘‘(3) Except as provided in subsection (d), the convening authority may act under this section only before entry of judgment. 

‘‘(4) Under regulations prescribed by the Secretary concerned, a 

commissioned officer commanding for the time being, a successor in 

command, or any person exercising general court-martial jurisdiction may act under this section in place of the convening authority. 

‘‘(b) REDUCTION, COMMUTATION, AND SUSPENSION OF SENTENCES GENERALLY.—(1) Except as provided in subsection (c) or (d), 

the convening authority may not reduce, commute, or suspend any 

of the following sentences: 

‘‘(A) A sentence of confinement, if the total period of confinement imposed for all offenses involved, running consecutively, is 

greater than six months. 

‘‘(B) A sentence of dismissal, dishonorable discharge, or 

bad-conduct discharge. 

‘‘(C) A sentence of death. 

‘‘(2) The convening authority may reduce, commute, or suspend 

any sentence not specified in paragraph (1). 

‘‘(c) SUSPENSION OF CERTAIN SENTENCES UPON RECOMMENDA- TION OF MILITARY JUDGE.—(1) Upon recommendation of the military judge, as included in the Statement of Trial Results, together 

with an explanation of the facts supporting the recommendation, the 

convening authority may suspend— 

‘‘(A) a sentence of confinement, in whole or in part; or 

‘‘(B) a sentence of dismissal, dishonorable discharge, or 

bad-conduct discharge. 

‘‘(2) The convening authority may not, under paragraph (1)— 

‘‘(A) suspend a mandatory minimum sentence; or 

‘‘(B) suspend a sentence to an extent in excess of the suspension recommended by the military judge. 

‘‘(d) REDUCTION OF SENTENCE FOR SUBSTANTIAL ASSISTANCE

BY ACCUSED.—(1) Upon a recommendation by the trial counsel, if 

the accused, after sentencing and before entry of judgment, provides 

substantial assistance in the investigation or prosecution of another 

person, the convening authority may reduce, commute, or suspend 

a sentence, in whole or in part, including any mandatory minimum 

sentence. 

‘‘(2) Upon a recommendation by a trial counsel, designated in 

accordance with rules prescribed by the President, if the accused, 

after entry of judgment, provides substantial assistance in the investigation or prosecution of another person, a convening authority, 

designated under such regulations, may reduce, commute, or suspend a sentence, in whole or in part, including any mandatory minimum sentence. 

‘‘(3) In evaluating whether the accused has provided substantial 

assistance under this subsection, the convening authority may consider the presentence assistance of the accused. 


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‘‘(e) SUBMISSIONS BY ACCUSED AND VICTIM.—(1) In accordance 

with rules prescribed by the President, in determining whether to 

act under this section, the convening authority shall consider matters submitted in writing by the accused or any victim of an offense. 

Such rules shall include— 

‘‘(A) procedures for notice of the opportunity to make such 

submissions; 

‘‘(B) the deadlines for such submissions; and 

‘‘(C) procedures for providing the accused and any victim of 

an offense with a copy of the recording of any open sessions of 

the court-martial and copies of, or access to, any admitted, unsealed exhibits. 

‘‘(2) The convening authority shall not consider under this section any submitted matters that relate to the character of a victim 

unless such matters were presented as evidence at trial and not excluded at trial. 

‘‘(f) DECISION OF CONVENING AUTHORITY.—(1) The decision of 

the convening authority under this section shall be forwarded to the 

military judge, with copies provided to the accused and to any victim of the offense. 

‘‘(2) If, under this section, the convening authority reduces, commutes, or suspends the sentence, the decision of the convening authority shall include a written explanation of the reasons for such 

action. 

‘‘(3) If, under subsection (d)(2), the convening authority reduces, 

commutes, or suspends the sentence, the decision of the convening 

authority shall be forwarded to the chief trial judge for appropriate 

modification of the entry of judgment, which shall be transmitted 

to the Judge Advocate General for appropriate action.’’. 

SEC. 5323. POST-TRIAL ACTIONS IN SUMMARY COURTS-MARTIAL AND 

CERTAIN GENERAL AND SPECIAL COURTS-MARTIAL. 

Subchapter IX of chapter 47 of title 10, United States Code, is 

amended by inserting after section 860a (article 60a of the Uniform 

Code of Military Justice), as added by section 5322 of this Act, the 

following new section (article): 

‘‘§ 860b. Art. 60b. Post-trial actions in summary courts-martial and certain general and special courts-martial 

‘‘(a) IN GENERAL.—(1) In a court-martial not specified in section 

860a(a)(2) of this title (article 60a(a)(2)), the convening authority 

may— 

‘‘(A) dismiss any charge or specification by setting aside the 

finding of guilty; 

‘‘(B) change a finding of guilty to a charge or specification 

to a finding of guilty to a lesser included offense; 

‘‘(C) disapprove the findings and the sentence and dismiss 

the charges and specifications; 

‘‘(D) disapprove the findings and the sentence and order a 

rehearing as to the findings and the sentence; 

‘‘(E) disapprove, commute, or suspend the sentence, in 

whole or in part; or 

‘‘(F) disapprove the sentence and order a rehearing as to the 

sentence. 


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‘‘(2) In a summary court-martial, the convening authority shall 

approve the sentence or take other action on the sentence under 

paragraph (1). 

‘‘(3) Except as provided in paragraph (4), the convening authority may act under this section only before entry of judgment. 

‘‘(4) The convening authority may act under this section after 

entry of judgment in a general or special court-martial in the same 

manner as the convening authority may act under section 860a(d)(2) 

of this title (article 60a(d)(2)). Such action shall be forwarded to the 

chief trial judge, who shall ensure appropriate modification to the 

entry of judgment and shall transmit the entry of judgment to the 

Judge Advocate General for appropriate action. 

‘‘(5) Under regulations prescribed by the Secretary concerned, a 

commissioned officer commanding for the time being, a successor in 

command, or any person exercising general court-martial jurisdiction may act under this section in place of the convening authority. 

‘‘(b) LIMITATIONS ON REHEARINGS.—The convening authority 

may not order a rehearing under this section— 

‘‘(1) as to the findings, if there is insufficient evidence in the 

record to support the findings; 

‘‘(2) to reconsider a finding of not guilty of any specification 

or a ruling which amounts to a finding of not guilty; or 

‘‘(3) to reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid 

under that charge, which sufficiently alleges a violation of some 

article of this chapter. 

‘‘(c) SUBMISSIONS BY ACCUSED AND VICTIM.—In accordance 

with rules prescribed by the President, in determining whether to 

act under this section, the convening authority shall consider matters submitted in writing by the accused or any victim of the offense. 

Such rules shall include the matter required by section 860a(e) of 

this title (article 60a(e)). 

‘‘(d) DECISION OF CONVENING AUTHORITY.—(1) In a general or 

special court-martial, the decision of the convening authority under 

this section shall be forwarded to the military judge, with copies 

provided to the accused and to any victim of the offense. 

‘‘(2) If the convening authority acts on the findings or the sentence under subsection (a)(1), the decision of the convening authority 

shall include a written explanation of the reasons for such action.’’. 

SEC. 5324. ENTRY OF JUDGMENT. 

Subchapter IX of chapter 47 of title 10, United States Code, is 

amended by inserting after section 860b (article 60b of the Uniform 

Code of Military Justice), as added by section 5323 of this Act, the 

following new section (article): 

‘‘§ 860c. Art. 60c. Entry of judgment 

‘‘(a) ENTRY OF JUDGMENT OF GENERAL OR SPECIAL COURT-MARTIAL.—(1) In accordance with rules prescribed by the President, in 

a general or special court-martial, the military judge shall enter 

into the record of trial the judgment of the court. The judgment of 

the court shall consist of the following: 

‘‘(A) The Statement of Trial Results under section 860 of 

this title (article 60). 

‘‘(B) Any modifications of, or supplements to, the Statement 

of Trial Results by reason of— 


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‘‘(i) any post-trial action by the convening authority; or 

‘‘(ii) any ruling, order, or other determination of the 

military judge that affects a plea, a finding, or the sentence. 

‘‘(2) Under rules prescribed by the President, the judgment 

under paragraph (1) shall be— 

‘‘(A) provided to the accused and to any victim of the offense; and 

‘‘(B) made available to the public. 

‘‘(b) SUMMARY COURT-MARTIAL JUDGMENT.—The findings and 

sentence of a summary court-martial, as modified by any post-trial 

action by the convening authority under section 860b of this title 

(article 60b), constitutes the judgment of the court-martial and shall 

be recorded and distributed under rules prescribed by the President.’’. 

SEC. 5325. WAIVER OF RIGHT TO APPEAL AND WITHDRAWAL OF APPEAL. 

Section 861 of title 10, United States Code (article 61 of the 

Uniform Code of Military Justice), is amended to read as follows: 

‘‘§ 861. Art. 61. Waiver of right to appeal; withdrawal of appeal 

‘‘(a) WAIVER OF RIGHT TO APPEAL.—After entry of judgment in 

a general or special court-martial, under procedures prescribed by 

the Secretary concerned, the accused may waive the right to appellate review in each case subject to such review under section 866 of 

this title (article 66). Such a waiver shall be— 

‘‘(1) signed by the accused and by defense counsel; and 

‘‘(2) attached to the record of trial. 

‘‘(b) WITHDRAWAL OF APPEAL.—In a general or special courtmartial, the accused may withdraw an appeal at any time. 

‘‘(c) DEATH PENALTY CASE EXCEPTION.—Notwithstanding subsections (a) and (b), an accused may not waive the right to appeal 

or withdraw an appeal with respect to a judgment that includes a 

sentence of death. 

‘‘(d) WAIVER OR WITHDRAWAL AS BAR.—A waiver or withdrawal 

under this section bars review under section 866 of this title (article 

66).’’. 

SEC. 5326. APPEAL BY THE UNITED STATES. 

Section 862 of title 10, United States Code (article 62 of the 

Uniform Code of Military Justice), is amended— 

(1) in paragraph (1) of subsection (a)— 

(A) in the matter before subparagraph (A), by striking 

‘‘court-martial’’ and all that follows through the colon at 

the end and inserting ‘‘general or special court-martial, or 

in a pretrial proceeding under section 830a of this title (article 30a), the United States may appeal the following:’’; 

and 

(B) by adding at the end the following new subparagraph: 

‘‘(G) An order or ruling of the military judge entering a 

finding of not guilty with respect to a charge or specification 

following the return of a finding of guilty by the members.’’; 

(2) in paragraph (2) of subsection (a)— 


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(A) by striking ‘‘(2)’’ and inserting ‘‘(2)(A)’’; and 

(B) by adding at the end the following new subparagraph: 

‘‘(B) An appeal of an order or ruling may not be taken when 

prohibited by section 844 of this title (article 44).’’; and 

(3) by adding at the end the following: 

‘‘(d) The United States may appeal a ruling or order of a military magistrate in the same manner as had the ruling or order been 

made by a military judge, except that the issue shall first be presented to the military judge who designated the military magistrate 

or to a military judge detailed to hear the issue. 

‘‘(e) The provisions of this section shall be liberally construed to 

effect its purposes.’’. 

SEC. 5327. REHEARINGS. 

Section 863 of title 10, United States Code (article 63 of the 

Uniform Code of Military Justice), is amended— 

(1) by inserting ‘‘(a)’’ before ‘‘Each rehearing’’; 

(2) in the second sentence, by striking ‘‘may be approved’’ 

and inserting ‘‘may be adjudged’’; 

(3) by striking the third sentence; and 

(4) by adding at the end the following new subsections: 

‘‘(b) If the sentence adjudged by the first court-martial was in 

accordance with a plea agreement under section 853a of this title 

(article 53a) and the accused at the rehearing does not comply with 

the agreement, or if a plea of guilty was entered for an offense at 

the first court-martial and a plea of not guilty was entered at the 

rehearing, the sentence as to those charges or specifications may include any punishment not in excess of that which could have been 

adjudged at the first court-martial. 

‘‘(c) If, after appeal by the Government under section 856(d) of 

this title (article 56(d)), the sentence adjudged is set aside and a rehearing on sentence is ordered by the Court of Criminal Appeals or 

Court of Appeals for the Armed Forces, the court-martial may impose any sentence that is in accordance with the order or ruling setting aside the adjudged sentence, subject to such limitations as the 

President may prescribe by regulation.’’. 

SEC. 5328. JUDGE ADVOCATE REVIEW OF FINDING OF GUILTY IN SUMMARY COURT-MARTIAL. 

(a) IN GENERAL.—Subsection (a) of section 864 of title 10, 

United States Code (article 64 of the Uniform Code of Military Justice), is amended by striking the first two sentences and inserting 

the following: 

‘‘(a) IN GENERAL.—Under regulations prescribed by the Secretary concerned, each summary court-martial in which there is a 

finding of guilty shall be reviewed by a judge advocate. A judge advocate may not review a case under this subsection if the judge advocate has acted in the same case as an accuser, preliminary hearing officer, member of the court, military judge, or counsel or has 

otherwise acted on behalf of the prosecution or defense.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENTS.— 

(1) The heading of such section (article) is amended to read 

as follows: 


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‘‘§ 864. Art. 64. Judge advocate review of finding of guilty in 

summary court-martial’’. 

(2) Subsection (b) of such section (article) is amended— 

(A) by striking ‘‘(b) The record’’ and inserting ‘‘(b) 

RECORD.—The record’’; 

(B) in paragraph (1), by adding ‘‘or’’ at the end; 

(C) by striking paragraph (2); and 

(D) by redesignating paragraph (3) as paragraph (2). 

(3) Subsection (c)(3) of such section (article) is amended by 

striking ‘‘section 869(b) of this title (article 69(b)).’’ and inserting ‘‘section 869 of this title (article 69).’’. 

SEC. 5329. TRANSMITTAL AND REVIEW OF RECORDS. 

Section 865 of title 10, United States Code (article 65 of the 

Uniform Code of Military Justice), is amended to read as follows: 

‘‘§ 865. Art. 65. Transmittal and review of records 

‘‘(a) TRANSMITTAL OF RECORDS.— 

‘‘(1) FINDING OF GUILTY IN GENERAL OR SPECIAL COURTMARTIAL.—If the judgment of a general or special court-martial 

entered under section 860c of this title (article 60c) includes a 

finding of guilty, the record shall be transmitted to the Judge 

Advocate General. 

‘‘(2) OTHER CASES.—In all other cases, records of trial by 

court-martial and related documents shall be transmitted and 

disposed of as the Secretary concerned may prescribe by regulation. 

‘‘(b) CASES FOR DIRECT APPEAL.— 

‘‘(1) AUTOMATIC REVIEW.—If the judgment includes a sentence of death, dismissal of a commissioned officer, cadet, or 

midshipman, dishonorable discharge or bad-conduct discharge, 

or confinement for 2 years or more, the Judge Advocate General 

shall forward the record of trial to the Court of Criminal Appeals for review under section 866(b)(2) of this title (article 

66(b)(2)). 

‘‘(2) CASES ELIGIBLE FOR DIRECT APPEAL REVIEW.— 

‘‘(A) IN GENERAL.—If the case is eligible for direct review under section 866(b)(1) of this title (article 66(b)(1)), 

the Judge Advocate General shall— 

‘‘(i) forward a copy of the record of trial to an appellate defense counsel who shall be detailed to review 

the case and, upon request of the accused, to represent 

the accused before the Court of Criminal Appeals; and 

‘‘(ii) upon written request of the accused, forward 

a copy of the record of trial to civilian counsel provided 

by the accused. 

‘‘(B) INAPPLICABILITY.—Subparagraph (A) shall not 

apply if the accused— 

‘‘(i) waives the right to appeal under section 861 of 

this title (article 61); or 

‘‘(ii) declines in writing the detailing of appellate 

defense counsel under subparagraph (A)(i). 

‘‘(c) NOTICE OF RIGHT TO APPEAL.— ‘‘(1) IN GENERAL.—The Judge Advocate General shall provide notice to the accused of the right to file an appeal under 


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section 866(b)(1) of this title (article 66(b)(1)) by means of depositing in the United States mails for delivery by first class 

certified mail to the accused at an address provided by the accused or, if no such address has been provided by the accused, 

at the latest address listed for the accused in the official service 

record of the accused. 

‘‘(2) INAPPLICABILITY UPON WAIVER OF APPEAL.—Paragraph 

(1) shall not apply if the accused waives the right to appeal 

under section 861 of this title (article 61). 

‘‘(d) REVIEW BY JUDGE ADVOCATE GENERAL.— 

‘‘(1) BY WHOM.—A review conducted under this subsection 

may be conducted by an attorney within the Office of the Judge 

Advocate General or another attorney designated under regulations prescribed by the Secretary concerned. 

‘‘(2) REVIEW OF CASES NOT ELIGIBLE FOR DIRECT APPEAL.— 

‘‘(A) IN GENERAL.—A review under subparagraph (B) 

shall be completed in each general and special court-martial that is not eligible for direct appeal under paragraph 

(1) or (3) of section 866(b) of this title (article 66(b)). 

‘‘(B) SCOPE OF REVIEW.—A review referred to in subparagraph (A) shall include a written decision providing 

each of the following: 

‘‘(i) A conclusion as to whether the court had jurisdiction over the accused and the offense. 

‘‘(ii) A conclusion as to whether the charge and 

specification stated an offense. 

‘‘(iii) A conclusion as to whether the sentence was 

within the limits prescribed as a matter of law. 

‘‘(iv) A response to each allegation of error made in 

writing by the accused. 

‘‘(3) REVIEW WHEN DIRECT APPEAL IS WAIVED, WITHDRAWN, 

OR NOT FILED.— 

‘‘(A) IN GENERAL.—A review under subparagraph (B) 

shall be completed in each general and special court-martial if— 

‘‘(i) the accused waives the right to appeal or withdraws appeal under section 861 of this title (article 61); 

or 

‘‘(ii) the accused does not file a timely appeal in a 

case eligible for direct appeal under subparagraph (A), 

(B), or (C) of section 866(b)(1) of this title (article 

66(b)(1)). 

‘‘(B) SCOPE OF REVIEW.—A review referred to in subparagraph (A) shall include a written decision limited to 

providing conclusions on the matters specified in clauses 

(i), (ii), and (iii) of paragraph (2)(B). 

‘‘(e) REMEDY.— 

‘‘(1) IN GENERAL.—If after a review of a record under subsection (d), the attorney conducting the review believes corrective action may be required, the record shall be forwarded to the 

Judge Advocate General, who may set aside the findings or sentence, in whole or in part. 

‘‘(2) REHEARING.—In setting aside findings or sentence, the 

Judge Advocate General may order a rehearing, except that a 


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rehearing may not be ordered in violation of section 844 of this 

title (article 44). 

‘‘(3) REMEDY WITHOUT REHEARING.— 

‘‘(A) DISMISSAL WHEN NO REHEARING ORDERED.—If the 

Judge Advocate General sets aside findings and sentence 

and does not order a rehearing, the Judge Advocate General shall dismiss the charges. 

‘‘(B) DISMISSAL WHEN REHEARING IMPRACTICAL.—If the 

Judge Advocate General sets aside findings and orders a 

rehearing and the convening authority determines that a 

rehearing would be impractical, the convening authority 

shall dismiss the charges.’’. 

SEC. 5330. COURTS OF CRIMINAL APPEALS. 

(a) APPELLATE MILITARY JUDGES.—Subsection (a) of section 866 

of title 10, United States Code (article 66 of the Uniform Code of 

Military Justice), is amended— 

(1) in the second sentence, by striking ‘‘subsection (f)’’ and 

inserting ‘‘subsection (h)’’; 

(2) in the fourth sentence, by inserting after ‘‘highest court 

of a State’’ the following: ‘‘and must be certified by the Judge 

Advocate General as qualified, by reason of education, training, 

experience, and judicial temperament, for duty as an appellate 

military judge’’; and 

(3) by adding at the end the following new sentence: ‘‘In accordance with regulations prescribed by the President, assignments of appellate military judges under this section (article) 

shall be for appropriate minimum periods, subject to such exceptions as may be authorized in the regulations.’’. 

(b) REVISION OF APPELLATE PROCEDURES.—Such section (article) is further amended— 

(1) by redesignating subsections (e), (f), (g), and (h) as subsections (g), (h), (i), and (j), respectively; and 

(2) by striking subsections (b), (c), and (d) and inserting the 

following new subsections: 

‘‘(b) REVIEW.— 

‘‘(1) APPEALS BY ACCUSED.—A Court of Criminal Appeals 

shall have jurisdiction over a timely appeal from the judgment 

of a court-martial, entered into the record under section 860c of 

this title (article 60c), as follows: 

‘‘(A) On appeal by the accused in a case in which the 

sentence extends to confinement for more than six months 

and the case is not subject to automatic review under paragraph (3). 

‘‘(B) On appeal by the accused in a case in which the 

Government previously filed an appeal under section 862 of 

this title (article 62). 

‘‘(C) On appeal by the accused in a case that the Judge 

Advocate General has sent to the Court of Criminal Appeals for review of the sentence under section 856(d) of this 

title (article 56(d)). 

‘‘(D) In a case in which the accused filed an application 

for review with the Court under section 869(d)(1)(B) of this 

title (article 69(d)(1)(B)) and the application has been 

granted by the Court. 


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‘‘(2) REVIEW OF CERTAIN SENTENCES.—A Court of Criminal 

Appeals shall have jurisdiction over all cases that the Judge 

Advocate General orders sent to the Court for review under section 856(d) of this title (article 56(d)). 

‘‘(3) AUTOMATIC REVIEW.—A Court of Criminal Appeals 

shall have jurisdiction over a court-martial in which the judgment entered into the record under section 860c of this title (article 60c) includes a sentence of death, dismissal of a commissioned officer, cadet, or midshipman, dishonorable discharge or 

bad-conduct discharge, or confinement for 2 years or more. 

‘‘(c) TIMELINESS.—An appeal under subsection (b)(1) is timely if 

it is filed as follows: 

‘‘(1) In the case of an appeal by the accused under subsection (b)(1)(A) or (b)(1)(B), if filed before the later of— 

‘‘(A) the end of the 90-day period beginning on the date 

the accused is provided notice of appellate rights under section 865(c) of this title (article 65(c)); or 

‘‘(B) the date set by the Court of Criminal Appeals by 

rule or order. 

‘‘(2) In the case of an appeal by the accused under subsection (b)(1)(C), if filed before the later of— 

‘‘(A) the end of the 90-day period beginning on the date 

the accused is notified that the application for review has 

been granted by letter placed in the United States mails for 

delivery by first class certified mail to the accused at an address provided by the accused or, if no such address has 

been provided by the accused, at the latest address listed 

for the accused in his official service record; or 

‘‘(B) the date set by the Court of Criminal Appeals by 

rule or order. 

‘‘(d) DUTIES.— ‘‘(1) CASES APPEALED BY ACCUSED.—In any case before the 

Court of Criminal Appeals under subsection (b), the Court may 

act only with respect to the findings and sentence as entered 

into the record under section 860c of this title (article 60c). The 

Court may affirm only such findings of guilty, and the sentence 

or such part or amount of the sentence, as the Court finds correct in law and fact and determines, on the basis of the entire 

record, should be approved. In considering the record, the Court 

may weigh the evidence, judge the credibility of witnesses, and 

determine controverted questions of fact, recognizing that the 

trial court saw and heard the witnesses. 

‘‘(2) ERROR OR EXCESSIVE DELAY.—In any case before the 

Court of Criminal Appeals under subsection (b), the Court may 

provide appropriate relief if the accused demonstrates error or 

excessive delay in the processing of the court-martial after the 

judgment was entered into the record under section 860c of this 

title (article 60c). 

‘‘(e) CONSIDERATION OF APPEAL OF SENTENCE BY THE UNITED

STATES.— 

‘‘(1) IN GENERAL.—In considering a sentence on appeal or 

review as provided in section 856(d) of this title (article 56(d)), 

the Court of Criminal Appeals may consider— 

‘‘(A) whether the sentence violates the law; and 

‘‘(B) whether the sentence is plainly unreasonable. 


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‘‘(2) RECORD ON APPEAL OR REVIEW.—In an appeal or review under this subsection or section 856(d) of this title (article 

56(d)), the record on appeal or review shall consist of— 

‘‘(A) any portion of the record in the case that is designated as pertinent by either of the parties; 

‘‘(B) the information submitted during the sentencing 

proceeding; and 

‘‘(C) any information required by rule or order of the 

Court of Criminal Appeals. 

‘‘(f) LIMITS OF AUTHORITY.— 

‘‘(1) SET ASIDE OF FINDINGS.— 

‘‘(A) IN GENERAL.—If the Court of Criminal Appeals 

sets aside the findings, the Court— 

‘‘(i) may affirm any lesser included offense; and 

‘‘(ii) may, except when prohibited by section 844 of 

this title (article 44), order a rehearing. 

‘‘(B) DISMISSAL WHEN NO REHEARING ORDERED.—If the 

Court of Criminal Appeals sets aside the findings and does 

not order a rehearing, the Court shall order that the 

charges be dismissed. 

‘‘(C) DISMISSAL WHEN REHEARING IMPRACTICABLE.—If 

the Court of Criminal Appeals orders a rehearing on a 

charge and the convening authority finds a rehearing impracticable, the convening authority may dismiss the 

charge. 

‘‘(2) SET ASIDE OF SENTENCE.—If the Court of Criminal Appeals sets aside the sentence, the Court may— 

‘‘(A) modify the sentence to a lesser sentence; or 

‘‘(B) order a rehearing. 

‘‘(3) ADDITIONAL PROCEEDINGS.—If the Court determines 

that additional proceedings are warranted, the Court may order 

a hearing as may be necessary to address a substantial issue, 

subject to such limitations as the Court may direct and under 

such regulations as the President may prescribe.’’. 

(c) ACTION WHEN REHEARING IMPRACTICABLE AFTER REHEARING ORDER.—Subsection (g) of such section (article), as redesignated 

by subsection (b)(1) of this section, is amended— 

(1) in the first sentence, by striking ‘‘convening authority’’ 

and inserting ‘‘appropriate authority’’; and 

(2) by striking the last sentence. 

(d) SECTION HEADING.—The heading of such section (article) is 

amended to read as follows: 

‘‘§ 866. Art. 66. Courts of Criminal Appeals’’. 

(e) SUBSECTION HEADING AMENDMENTS FOR STYLISTIC CONSISTENCY.—Such section (article) is further amended— 

(1) in subsection (a), by inserting ‘‘COURTS OF CRIMINAL

APPEALS.—’’ after ‘‘(a)’’; 

(2) in subsection (g), as redesignated by subsection (b)(1) of 

this section, by inserting ‘‘ACTION IN ACCORDANCE WITH DECISIONS OF COURTS.—’’ after ‘‘(g)’’; 

(3) in subsection (h), as so redesignated, by inserting 

‘‘RULES OF PROCEDURE.—’’ after ‘‘(h)’’; 


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(4) in subsection (i), as so redesignated, by inserting ‘‘PRO- HIBITION ON EVALUATION OF OTHER MEMBERS OF COURTS.—’’ 

after ‘‘(i)’’; and 

(5) in subsection (j), as so redesignated, by inserting ‘‘INELI- GIBILITY OF MEMBERS OF COURTS TO REVIEW RECORDS OF

CASES INVOLVING CERTAIN PRIOR MEMBER SERVICE.—’’ after 

‘‘(j)’’. 

SEC. 5331. REVIEW BY COURT OF APPEALS FOR THE ARMED FORCES. 

(a) JAG NOTIFICATION.—Subsection (a)(2) of section 867 of title 

10, United States Code (article 67 of the Uniform Code of Military 

Justice), is amended by inserting after ‘‘the Judge Advocate General’’ the following: ‘‘, after appropriate notification to the other 

Judge Advocates General and the Staff Judge Advocate to the Commandant of the Marine Corps,’’. 

(b) BASIS FOR REVIEW.—Subsection (c) of such section (article) 

is amended— 

(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; 

(2) by designating the second sentence as paragraph (2); 

(3) by designating the third sentence as paragraph (3); 

(4) by designating the fourth sentence as paragraph (4); 

and 

(5) in paragraph (1), as designated by paragraph (1) of this 

subsection, by striking ‘‘only with respect to’’ and all that follows through the end of the sentence and inserting ‘‘only with 

respect to— 

‘‘(A) the findings and sentence set forth in the entry of judgment, as affirmed or set aside as incorrect in law by the Court 

of Criminal Appeals; or 

‘‘(B) a decision, judgment, or order by a military judge, as 

affirmed or set aside as incorrect in law by the Court of Criminal Appeals.’’. 

SEC. 5332. SUPREME COURT REVIEW. 

The second sentence of section 867a(a) of title 10, United States 

Code (article 67a(a) of the Uniform Code of Military Justice), is 

amended by inserting before ‘‘Court of Appeals’’ the following: 

‘‘United States’’. 

SEC. 5333. REVIEW BY JUDGE ADVOCATE GENERAL. 

Section 869 of title 10, United States Code (article 69 of the 

Uniform Code of Military Justice), is amended to read as follows: 

‘‘§ 869. Art. 69. Review by Judge Advocate General 

‘‘(a) IN GENERAL.—Upon application by the accused and subject 

to subsections (b), (c), and (d), the Judge Advocate General may 

modify or set aside, in whole or in part, the findings and sentence 

in a court-martial that is not reviewed under section 866 of this title 

(article 66). 

‘‘(b) TIMING.—To qualify for consideration, an application 

under subsection (a) must be submitted to the Judge Advocate General not later than one year after the date of completion of review 

under section 864 or 865 of this title (article 64 or 65), as the case 

may be. The Judge Advocate General may, for good cause shown, 

extend the period for submission of an application, but may not consider an application submitted more than three years after such 

completion date. 


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‘‘(c) SCOPE.—(1)(A) In a case reviewed under section 864 or 

865(b) of this title (article 64 or 65(b)), the Judge Advocate General 

may set aside the findings or sentence, in whole or in part on the 

grounds of newly discovered evidence, fraud on the court, lack of jurisdiction over the accused or the offense, error prejudicial to the 

substantial rights of the accused, or the appropriateness of the sentence. 

‘‘(B) In setting aside findings or sentence, the Judge Advocate 

General may order a rehearing, except that a rehearing may not be 

ordered in violation of section 844 of this title (article 44). 

‘‘(C) If the Judge Advocate General sets aside findings and sentence and does not order a rehearing, the Judge Advocate General 

shall dismiss the charges. 

‘‘(D) If the Judge Advocate General sets aside findings and orders a rehearing and the convening authority determines that a rehearing would be impractical, the convening authority shall dismiss 

the charges. 

‘‘(2) In a case reviewed under section 865(b) of this title (article 

65(b)), review under this section is limited to the issue of whether 

the waiver or withdrawal of an appeal was invalid under the law. 

If the Judge Advocate General determines that the waiver or withdrawal of an appeal was invalid, the Judge Advocate General shall 

order appropriate corrective action under rules prescribed by the 

President. 

‘‘(d) COURT OF CRIMINAL APPEALS.—(1) A Court of Criminal 

Appeals may review the action taken by the Judge Advocate General 

under subsection (c)— 

‘‘(A) in a case sent to the Court of Criminal Appeals by 

order of the Judge Advocate General; or 

‘‘(B) in a case submitted to the Court of Criminal Appeals 

by the accused in an application for review. 

‘‘(2) The Court of Criminal Appeals may grant an application 

under paragraph (1)(B) only if— 

‘‘(A) the application demonstrates a substantial basis for 

concluding that the action on review under subsection (c) constituted prejudicial error; and 

‘‘(B) the application is filed not later than the earlier of— 

‘‘(i) 60 days after the date on which the accused is notified of the decision of the Judge Advocate General; or 

‘‘(ii) 60 days after the date on which a copy of the decision of the Judge Advocate General is deposited in the 

United States mails for delivery by first-class certified mail 

to the accused at an address provided by the accused or, if 

no such address has been provided by the accused, at the 

latest address listed for the accused in his official service 

record. 

‘‘(3) The submission of an application for review under this subsection does not constitute a proceeding before the Court of Criminal 

Appeals for purposes of section 870(c)(1) of this title (article 

70(c)(1)). 

‘‘(e) ACTION ONLY ON MATTERS OF LAW.—Notwithstanding section 866 of this title (article 66), in any case reviewed by a Court 

of Criminal Appeals under subsection (d), the Court may take action 

only with respect to matters of law.’’. 


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SEC. 5334. APPELLATE DEFENSE COUNSEL IN DEATH PENALTY CASES. 

Section 870 of title 10, United States Code (article 70 of the 

Uniform Code of Military Justice), is amended by adding at the end 

the following new subsection: 

‘‘(f) To the greatest extent practicable, in any capital case, at 

least one defense counsel under subsection (c) shall, as determined 

by the Judge Advocate General, be learned in the law applicable to 

such cases. If necessary, this counsel may be a civilian and, if so, 

may be compensated in accordance with regulations prescribed by 

the Secretary of Defense.’’. 

SEC. 5335. AUTHORITY FOR HEARING ON VACATION OF SUSPENSION 

OF SENTENCE TO BE CONDUCTED BY QUALIFIED JUDGE 

ADVOCATE. 

(a) IN GENERAL.—Subsection (a) of section 872 of title 10, 

United States Code (article 72 of the Uniform Code of Military Justice), is amended by inserting after the first sentence the following 

new sentence: ‘‘The special court-martial convening authority may 

detail a judge advocate, who is certified under section 827(b) of this 

title (article 27(b)), to conduct the hearing.’’. 

(b) TECHNICAL AMENDMENTS.—Such section (article) is further 

amended— 

(1) in the last sentence of subsection (a), by striking ‘‘if he 

so desires’’ and inserting ‘‘if the probationer so desires’’; and 

(2) in the second sentence of subsection (b)— 

(A) by striking ‘‘If he’’ and inserting ‘‘If the officer exercising general court-martial jurisdiction’’; and 

(B) by striking ‘‘section 871(c) of this title (article 

71(c))’’ and inserting ‘‘section 857 of this title (article 57)’’. 

SEC. 5336. EXTENSION OF TIME FOR PETITION FOR NEW TRIAL. 

The first sentence of section 873 of title 10, United States Code 

(article 73 of the Uniform Code of Military Justice), is amended by 

striking ‘‘two years after approval by the convening authority of a 

court-martial sentence’’ and inserting ‘‘three years after the date of 

the entry of judgment under section 860c of this title (article 60c)’’. 

SEC. 5337. RESTORATION. 

Section 875 of title 10, United States Code (article 75 of the 

Uniform Code of Military Justice), is amended by adding at the end 

the following new subsection: 

‘‘(d) The President shall prescribe regulations, with such limitations as the President considers appropriate, governing eligibility for 

pay and allowances for the period after the date on which an executed part of a court-martial sentence is set aside.’’. 

SEC. 5338. LEAVE REQUIREMENTS PENDING REVIEW OF CERTAIN 

COURT-MARTIAL CONVICTIONS. 

Section 876a of title 10, United States Code (article 76a of the 

Uniform Code of Military Justice), is amended— 

(1) in the first sentence, by striking ‘‘, as approved under 

section 860 of this title (article 60),’’; and 

(2) in the second sentence, by striking ‘‘on which the sentence is approved under section 860 of this title (article 60)’’ and 

inserting ‘‘of the entry of judgment under section 860c of this 

title (article 60c)’’. 

TITLE LX—PUNITIVE ARTICLES 

Sec. 5401. Reorganization of punitive articles. 


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Sec. 5402. Conviction of offense charged, lesser included offenses, and attempts. 

Sec. 5403. Soliciting commission of offenses. 

Sec. 5404. Malingering. 

Sec. 5405. Breach of medical quarantine. 

Sec. 5406. Missing movement; jumping from vessel. 

Sec. 5407. Offenses against correctional custody and restriction. 

Sec. 5408. Disrespect toward superior commissioned officer; assault of superior commissioned officer. 

Sec. 5409. Willfully disobeying superior commissioned officer. 

Sec. 5410. Prohibited activities with military recruit or trainee by person in position 

of special trust. 

Sec. 5411. Offenses by sentinel or lookout. 

Sec. 5412. Disrespect toward sentinel or lookout. 

Sec. 5413. Release of prisoner without authority; drinking with prisoner. 

Sec. 5414. Penalty for acting as a spy. 

Sec. 5415. Public records offenses. 

Sec. 5416. False or unauthorized pass offenses. 

Sec. 5417. Impersonation offenses. 

Sec. 5418. Insignia offenses. 

Sec. 5419. False official statements; false swearing. 

Sec. 5420. Parole violation. 

Sec. 5421. Wrongful taking, opening, etc. of mail matter. 

Sec. 5422. Improper hazarding of vessel or aircraft. 

Sec. 5423. Leaving scene of vehicle accident. 

Sec. 5424. Drunkenness and other incapacitation offenses. 

Sec. 5425. Lower blood alcohol content limits for conviction of drunken or reckless 

operation of vehicle, aircraft, or vessel. 

Sec. 5426. Endangerment offenses. 

Sec. 5427. Communicating threats. 

Sec. 5428. Technical amendment relating to murder. 

Sec. 5429. Child endangerment. 

Sec. 5430. Rape and sexual assault offenses. 

Sec. 5431. Deposit of obscene matter in the mail. 

Sec. 5432. Fraudulent use of credit cards, debit cards, and other access devices. 

Sec. 5433. False pretenses to obtain services. 

Sec. 5434. Robbery. 

Sec. 5435. Receiving stolen property. 

Sec. 5436. Offenses concerning Government computers. 

Sec. 5437. Bribery. 

Sec. 5438. Graft. 

Sec. 5439. Kidnapping. 

Sec. 5440. Arson; burning property with intent to defraud. 

Sec. 5441. Assault. 

Sec. 5442. Burglary and unlawful entry. 

Sec. 5443. Stalking. 

Sec. 5444. Subornation of perjury. 

Sec. 5445. Obstructing justice. 

Sec. 5446. Misprision of serious offense. 

Sec. 5447. Wrongful refusal to testify. 

Sec. 5448. Prevention of authorized seizure of property. 

Sec. 5449. Wrongful interference with adverse administrative proceeding. 

Sec. 5450. Retaliation. 

Sec. 5451. Extraterritorial application of certain offenses. 

Sec. 5452. Table of sections. 

SEC. 5401. REORGANIZATION OF PUNITIVE ARTICLES. 

Sections of subchapter X of chapter 47 of title 10, United States 

Code (articles of the Uniform Code of Military Justice), are transferred within subchapter X and redesignated as follows: 

(1) ENLISTMENT AND SEPARATION.—Sections 883 and 884 

(articles 83 and 84) are transferred so as to appear (in that 

order) after section 904 (article 104) and are redesignated as 

sections 904a and 904b (articles 104a and 104b), respectively. 

(2) RESISTANCE, FLIGHT, BREACH OF ARREST, AND ES- CAPE.—Section 895 (article 95) is transferred so as to appear 

after section 887 (article 87) and is redesignated as section 887a 

(article 87a). 


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(3) NONCOMPLIANCE WITH PROCEDURAL RULES.—Section 

898 (article 98) is transferred so as to appear after section 931 

(article 131) and is redesignated as section 931f (article 131f). 

(4) CAPTURED OR ABANDONED PROPERTY.—Section 903 (article 103) is transferred so as to appear after section 908 (article 

108) and is redesignated as section 908a (article 108a). 

(5) AIDING THE ENEMY.—Section 904 (article 104) is redesignated as section 903b (article 103b). 

(6) MISCONDUCT AS PRISONER.—Section 905 (article 105) is 

transferred so as to appear after section 897 (article 97) and is 

redesignated as section 898 (article 98). 

(7) SPIES; ESPIONAGE.—Sections 906 and 906a (articles 106 

and 106a) are transferred so as to appear (in that order) after 

section 902 (article 102) and are redesignated as sections 903 

and 903a (articles 103 and 103a), respectively. 

(8) MISBEHAVIOR OF SENTINEL.—Section 913 (article 113) is 

transferred so as to appear after section 894 (article 94) and is 

redesignated as section 895 (article 95). 

(9) DRUNKEN OR RECKLESS OPERATION OF A VEHICLE, AIR- CRAFT, OR VESSEL.—Section 911 (article 111) is transferred so 

as to appear after section 912a (article 912a) and is redesignated as section 913 (article 113). 

(10) HOUSEBREAKING.—Section 930 (article 130) is redesignated as section 929a (article 129a). 

(11) STALKING.—Section 920a (article 120a) is transferred 

so as to appear after section 929a (article 129a), as redesignated 

by paragraph (10), and is redesignated as section 930 (article 

130). 

(12) FORGERY.—Section 923 (article 123) is transferred so 

as to appear after section 904b (article 104b), as transferred 

and redesignated by paragraph (1), and is redesignated as section 905 (article 105). 

(13) MAIMING.— (A) IN GENERAL.—Section 924 (article 124) is transferred so as to appear after section 928 (article 128) and is 

redesignated as section 928a (article 128a). 

(B) CONFORMING AMENDMENTS.—Section 919a(b) (article 919a(b)) is amended— 

(i) by striking ‘‘924,’’ and inserting ‘‘928a,’’; and 

(ii) by striking ‘‘124,’’ and inserting ‘‘128a’’. 

(14) FRAUDS AGAINST THE UNITED STATES.—Section 932 of 

(article 132) is transferred so as to appear after section 923a 

(article 123a) and is redesignated as section 924 (article 124). 

SEC. 5402. CONVICTION OF OFFENSE CHARGED, LESSER INCLUDED 

OFFENSES, AND ATTEMPTS. 

Section 879 of title 10, United States Code (article 79 of the 

Uniform Code of Military Justice), is amended to read as follows: 

‘‘§ 879. Art. 79. Conviction of offense charged, lesser included 

offenses, and attempts 

‘‘(a) IN GENERAL.—An accused may be found guilty of any of 

the following: 

‘‘(1) The offense charged. 

‘‘(2) A lesser included offense. 

‘‘(3) An attempt to commit the offense charged. 


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‘‘(4) An attempt to commit a lesser included offense, if the 

attempt is an offense in its own right. 

‘‘(b) LESSER INCLUDED OFFENSE DEFINED.—In this section (article), the term ‘lesser included offense’ means— 

‘‘(1) an offense that is necessarily included in the offense 

charged; and 

‘‘(2) any lesser included offense so designated by regulation 

prescribed by the President. 

‘‘(c) REGULATORY AUTHORITY.—Any designation of a lesser included offense in a regulation referred to in subsection (b) shall be 

reasonably included in the greater offense.’’. 

SEC. 5403. SOLICITING COMMISSION OF OFFENSES. 

Section 882 of title 10, United States Code (article 82 of the 

Uniform Code of Military Justice), is amended to read as follows: 

‘‘§ 882. Art. 82. Soliciting commission of offenses 

‘‘(a) SOLICITING COMMISSION OF OFFENSES GENERALLY.—Any 

person subject to this chapter who solicits or advises another to commit an offense under this chapter (other than an offense specified in 

subsection (b)) shall be punished as a court-martial may direct. 

‘‘(b) SOLICITING DESERTION, MUTINY, SEDITION, OR MISBEHAVIOR BEFORE THE ENEMY.—Any person subject to this chapter 

who solicits or advises another to violate section 885 of this title (article 85), section 894 of this title (article 94), or section 99 of this 

title (article 99)— 

‘‘(1) if the offense solicited or advised is attempted or is 

committed, shall be punished with the punishment provided for 

the commission of the offense; and 

‘‘(2) if the offense solicited or advised is not attempted or 

committed, shall be punished as a court-martial may direct.’’. 

SEC. 5404. MALINGERING. 

Subchapter X of chapter 47 of title 10, United States Code, is 

amended by inserting after section 882 (article 82 of the Uniform 

Code of Military Justice), as amended by section 5403 of this Act, 

the following new section (article): 

‘‘§ 883. Art. 83. Malingering 

‘‘Any person subject to this chapter who, with the intent to 

avoid work, duty, or service— 

‘‘(1) feigns illness, physical disablement, mental lapse, or 

mental derangement; or 

‘‘(2) intentionally inflicts self-injury; 

shall be punished as a court-martial may direct.’’. 

SEC. 5405. BREACH OF MEDICAL QUARANTINE. 

Subchapter X of chapter 47 of title 10, United States Code, is 

amended by inserting after section 883 (article 83 of the Uniform 

Code of Military Justice), as added by section 5404 of this Act, the 

following new section (article): 

‘‘§ 884. Art. 84. Breach of medical quarantine 

‘‘Any person subject to this chapter— 

‘‘(1) who is ordered into medical quarantine by a person authorized to issue such order; and 


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‘‘(2) who, with knowledge of the quarantine and the limits 

of the quarantine, goes beyond those limits before being released 

from the quarantine by proper authority; 

shall be punished as a court-martial may direct.’’. 

SEC. 5406. MISSING MOVEMENT; JUMPING FROM VESSEL. 

Section 887 of title 10, United States Code (article 87 of the 

Uniform Code of Military Justice), is amended to read as follows: 

‘‘§ 887. Art. 87. Missing movement; jumping from vessel 

‘‘(a) MISSING MOVEMENT.—Any person subject to this chapter 

who, through neglect or design, misses the movement of a ship, aircraft, or unit with which the person is required in the course of duty 

to move shall be punished as a court-martial may direct. 

‘‘(b) JUMPING FROM VESSEL INTO THE WATER.—Any person subject to this chapter who wrongfully and intentionally jumps into the 

water from a vessel in use by the armed forces shall be punished 

as a court-martial may direct.’’. 

SEC. 5407. OFFENSES AGAINST CORRECTIONAL CUSTODY AND RESTRICTION. 

Subchapter X of chapter 47 of title 10, United States Code, is 

amended by inserting after section 887a (article 87a of the Uniform 

Code of Military Justice), as transferred and redesignated by section 

5401(2) of this Act, the following new section (article): 

‘‘§ 887b. Art. 87b. Offenses against correctional custody and 

restriction 

‘‘(a) ESCAPE FROM CORRECTIONAL CUSTODY.—Any person subject to this chapter— 

‘‘(1) who is placed in correctional custody by a person authorized to do so; 

‘‘(2) who, while in correctional custody, is under physical 

restraint; and 

‘‘(3) who escapes from the physical restraint before being released from the physical restraint by proper authority; 

shall be punished as a court-martial may direct. 

‘‘(b) BREACH OF CORRECTIONAL CUSTODY.—Any person subject 

to this chapter— 

‘‘(1) who is placed in correctional custody by a person authorized to do so; 

‘‘(2) who, while in correctional custody, is under restraint 

other than physical restraint; and 

‘‘(3) who goes beyond the limits of the restraint before being 

released from the correctional custody or relieved of the restraint by proper authority; 

shall be punished as a court-martial may direct. 

‘‘(c) BREACH OF RESTRICTION.—Any person subject to this chapter— 

‘‘(1) who is ordered to be restricted to certain limits by a 

person authorized to do so; and 

‘‘(2) who, with knowledge of the limits of the restriction, 

goes beyond those limits before being released by proper authority; 

shall be punished as a court-martial may direct.’’. 


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SEC. 5408. DISRESPECT TOWARD SUPERIOR COMMISSIONED OFFICER; 

ASSAULT OF SUPERIOR COMMISSIONED OFFICER. 

Section 889 of title 10, United States Code (article 89 of the 

Uniform Code of Military Justice), is amended to read as follows: 

‘‘§ 889. Art. 89. Disrespect toward superior commissioned officer; assault of superior commissioned officer 

‘‘(a) DISRESPECT.—Any person subject to this chapter who behaves with disrespect toward that person’s superior commissioned 

officer shall be punished as a court-martial may direct. 

‘‘(b) ASSAULT.—Any person subject to this chapter who strikes 

that person’s superior commissioned officer or draws or lifts up any 

weapon or offers any violence against that officer while the officer 

is in the execution of the officer’s office shall be punished— 

‘‘(1) if the offense is committed in time of war, by death or 

such other punishment as a court-martial may direct; and 

‘‘(2) if the offense is committed at any other time, by such 

punishment, other than death, as a court-martial may direct.’’. 

SEC. 5409. WILLFULLY DISOBEYING SUPERIOR COMMISSIONED OFFICER. 

Section 890 of title 10, United States Code (article 90 of the 

Uniform Code of Military Justice), is amended to read as follows: 

‘‘§ 890. Art. 90. Willfully disobeying superior commissioned officer 

‘‘Any person subject to this chapter who willfully disobeys a 

lawful command of that person’s superior commissioned officer 

shall be punished— 

‘‘(1) if the offense is committed in time of war, by death or 

such other punishment as a court-martial may direct; and 

‘‘(2) if the offense is committed at any other time, by such 

punishment, other than death, as a court-martial may direct.’’. 

SEC. 5410. PROHIBITED ACTIVITIES WITH MILITARY RECRUIT OR 

TRAINEE BY PERSON IN POSITION OF SPECIAL TRUST. 

Subchapter X of chapter 47 of title 10, United States Code, is 

amended by inserting after section 893 (article 93 of the Uniform 

Code of Military Justice), the following new section (article): 

‘‘§ 893a. Art. 93a. Prohibited activities with military recruit 

or trainee by person in position of special trust 

‘‘(a) ABUSE OF TRAINING LEADERSHIP POSITION.—Any person 

subject to this chapter— 

‘‘(1) who is an officer, a noncommissioned officer, or a petty 

officer; 

‘‘(2) who is in a training leadership position with respect to 

a specially protected junior member of the armed forces; and 

‘‘(3) who engages in prohibited sexual activity with such 

specially protected junior member of the armed forces; 

shall be punished as a court-martial may direct. 

‘‘(b) ABUSE OF POSITION AS MILITARY RECRUITER.—Any person 

subject to this chapter— 

‘‘(1) who is a military recruiter and engages in prohibited 

sexual activity with an applicant for military service; or 


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‘‘(2) who is a military recruiter and engages in prohibited 

sexual activity with a specially protected junior member of the 

armed forces who is enlisted under a delayed entry program; 

shall be punished as a court-martial may direct. 

‘‘(c) CONSENT.—Consent is not a defense for any conduct at 

issue in a prosecution under this section (article). 

‘‘(d) DEFINITIONS.—In this section (article): 

‘‘(1) SPECIALLY PROTECTED JUNIOR MEMBER OF THE ARMED

FORCES.—The term ‘specially protected junior member of the 

armed forces’ means— 

‘‘(A) a member of the armed forces who is assigned to, 

or is awaiting assignment to, basic training or other initial 

active duty for training, including a member who is enlisted under a delayed entry program; 

‘‘(B) a member of the armed forces who is a cadet, a 

midshipman, an officer candidate, or a student in any 

other officer qualification program; and 

‘‘(C) a member of the armed forces in any program 

that, by regulation prescribed by the Secretary concerned, is 

identified as a training program for initial career qualification. 

‘‘(2) TRAINING LEADERSHIP POSITION.—The term ‘training 

leadership position’ means, with respect to a specially protected 

junior member of the armed forces, any of the following: 

‘‘(A) Any drill instructor position or other leadership 

position in a basic training program, an officer candidate 

school, a reserve officers’ training corps unit, a training 

program for entry into the armed forces, or any program 

that, by regulation prescribed by the Secretary concerned, is 

identified as a training program for initial career qualification. 

‘‘(B) Faculty and staff of the United States Military 

Academy, the United States Naval Academy, the United 

States Air Force Academy, and the United States Coast 

Guard Academy. 

‘‘(3) APPLICANT FOR MILITARY SERVICE.—The term ‘applicant for military service’ means a person who, under regulations prescribed by the Secretary concerned, is an applicant for 

original enlistment or appointment in the armed forces. 

‘‘(4) MILITARY RECRUITER.—The term ‘military recruiter’ 

means a person who, under regulations prescribed by the Secretary concerned, has the primary duty to recruit persons for 

military service. 

‘‘(5) PROHIBITED SEXUAL ACTIVITY.—The term ‘prohibited 

sexual activity’ means, as specified in regulations prescribed by 

the Secretary concerned, inappropriate physical intimacy under 

circumstances described in such regulations.’’. 

SEC. 5411. OFFENSES BY SENTINEL OR LOOKOUT. 

Section 895 of title 10, United States Code (article 95 of the 

Uniform Code of Military Justice), as transferred and redesignated 

by section 5401(8) of this Act, is amended to read as follows: 

‘‘§ 895. Art. 95. Offenses by sentinel or lookout 

‘‘(a) DRUNK OR SLEEPING ON POST, OR LEAVING POST BEFORE

BEING RELIEVED.—Any sentinel or lookout who is drunk on post, 


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who sleeps on post, or who leaves post before being regularly relieved, shall be punished— 

‘‘(1) if the offense is committed in time of war, by death or 

such other punishment as a court-martial may direct; and 

‘‘(2) if the offense is committed other than in time of war, 

by such punishment, other than death, as a court-martial may 

direct. 

‘‘(b) LOITERING OR WRONGFULLY SITTING ON POST.—Any sentinel or lookout who loiters or wrongfully sits down on post shall 

be punished as a court-martial may direct.’’. 

SEC. 5412. DISRESPECT TOWARD SENTINEL OR LOOKOUT. 

Subchapter X of chapter 47 of title 10, United States Code, is 

amended by inserting after section 895 (article 95 of the Uniform 

Code of Military Justice), as amended by section 5411 of this Act, 

the following new section (article): 

‘‘§ 895a. Art. 95a. Disrespect toward sentinel or lookout 

‘‘(a) DISRESPECTFUL LANGUAGE TOWARD SENTINEL OR LOOKOUT.—Any person subject to this chapter who, knowing that another 

person is a sentinel or lookout, uses wrongful and disrespectful language that is directed toward and within the hearing of the sentinel 

or lookout, who is in the execution of duties as a sentinel or lookout, 

shall be punished as a court-martial may direct. 

‘‘(b) DISRESPECTFUL BEHAVIOR TOWARD SENTINEL OR LOOKOUT.—Any person subject to this chapter who, knowing that another 

person is a sentinel or lookout, behaves in a wrongful and disrespectful manner that is directed toward and within the sight of 

the sentinel or lookout, who is in the execution of duties as a sentinel or lookout, shall be punished as a court-martial may direct.’’. 

SEC. 5413. RELEASE OF PRISONER WITHOUT AUTHORITY; DRINKING 

WITH PRISONER. 

Section 896 of title 10, United States Code (article 96 of the 

Uniform Code of Military Justice), is amended to read as follows: 

‘‘§ 896. Art. 96. Release of prisoner without authority; drinking with prisoner 

‘‘(a) RELEASE OF PRISONER WITHOUT AUTHORITY.—Any person 

subject to this chapter— 

‘‘(1) who, without authority to do so, releases a prisoner; or 

‘‘(2) who, through neglect or design, allows a prisoner to escape; 

shall be punished as a court-martial may direct, whether or not the 

prisoner was committed in strict compliance with the law. 

‘‘(b) DRINKING WITH PRISONER.—Any person subject to this 

chapter who unlawfully drinks any alcoholic beverage with a prisoner shall be punished as a court-martial may direct.’’. 

SEC. 5414. PENALTY FOR ACTING AS A SPY. 

Section 903 of title 10, United States Code (article 103 of the 

Uniform Code of Military Justice), as transferred and redesignated 

by section 5401(7) of this Act, is amended by inserting before the period at the end of the first sentence the following: ‘‘or such other 

punishment as a court-martial or a military commission may direct’’. 


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SEC. 5415. PUBLIC RECORDS OFFENSES. 

Subchapter X of chapter 47 of title 10, United States Code, is 

amended by inserting after section 903b (article 103b of the Uniform 

Code of Military Justice), as redesignated by section 5401(5) of this 

Act, the following new section (article): 

‘‘§ 904. Art. 104. Public records offenses 

‘‘Any person subject to this chapter who, willfully and unlawfully— 

‘‘(1) alters, conceals, removes, mutilates, obliterates, or destroys a public record; or 

‘‘(2) takes a public record with the intent to alter, conceal, 

remove, mutilate, obliterate, or destroy the public record; 

shall be punished as a court-martial may direct.’’. 

SEC. 5416. FALSE OR UNAUTHORIZED PASS OFFENSES. 

Subchapter X of chapter 47 of title 10, United States Code, is 

amended by inserting after section 905 (article 105 of the Uniform 

Code of Military Justice), as transferred and redesignated by section 

5401(12) of this Act, the following new section (article): 

‘‘§ 905a. Art. 105a. False or unauthorized pass offenses 

‘‘(a) WRONGFUL MAKING, ALTERING, ETC.—Any person subject to 

this chapter who, wrongfully and falsely, makes, alters, counterfeits, 

or tampers with a military or official pass, permit, discharge certificate, or identification card shall be punished as a court-martial 

may direct. 

‘‘(b) WRONGFUL SALE, ETC.—Any person subject to this chapter 

who wrongfully sells, gives, lends, or disposes of a false or unauthorized military or official pass, permit, discharge certificate, or 

identification card, knowing that the pass, permit, discharge certificate, or identification card is false or unauthorized, shall be punished as a court-martial may direct. 

‘‘(c) WRONGFUL USE OR POSSESSION.—Any person subject to 

this chapter who wrongfully uses or possesses a false or unauthorized military or official pass, permit, discharge certificate, or identification card, knowing that the pass, permit, discharge certificate, 

or identification card is false or unauthorized, shall be punished as 

a court-martial may direct.’’. 

SEC. 5417. IMPERSONATION OFFENSES. 

Subchapter X of chapter 47 of title 10, United States Code, is 

amended by inserting after section 905a (article 105a of the Uniform Code of Military Justice), as added by section 5416 of this Act, 

the following new section (article): 

‘‘§ 906. Art. 106. Impersonation of officer, noncommissioned or 

petty officer, or agent or official 

‘‘(a) IN GENERAL.—Any person subject to this chapter who, 

wrongfully and willfully, impersonates— 

‘‘(1) an officer, a noncommissioned officer, or a petty officer; 

‘‘(2) an agent of superior authority of one of the armed 

forces; or 

‘‘(3) an official of a government; 

shall be punished as a court-martial may direct. 


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‘‘(b) IMPERSONATION WITH INTENT TO DEFRAUD.—Any person 

subject to this chapter who, wrongfully, willfully, and with intent 

to defraud, impersonates any person referred to in paragraph (1), 

(2), or (3) of subsection (a) shall be punished as a court-martial may 

direct. 

‘‘(c) IMPERSONATION OF GOVERNMENT OFFICIAL WITHOUT IN- TENT TO DEFRAUD.—Any person subject to this chapter who, wrongfully, willfully, and without intent to defraud, impersonates an official of a government by committing an act that exercises or asserts 

the authority of the office that the person claims to have shall be 

punished as a court-martial may direct.’’. 

SEC. 5418. INSIGNIA OFFENSES. 

Subchapter X of chapter 47 of title 10, United States Code, is 

amended by inserting after section 906 (article 106 of the Uniform 

Code of Military Justice), as added by section 5417 of this Act, the 

following new section (article): 

‘‘§ 906a. Art. 106a. Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button 

‘‘Any person subject to this chapter— 

‘‘(1) who is not authorized to wear an insignia, decoration, 

badge, ribbon, device, or lapel button; and 

‘‘(2) who wrongfully wears such insignia, decoration, badge, 

ribbon, device, or lapel button upon the person’s uniform or civilian clothing; 

shall be punished as a court-martial may direct.’’. 

SEC. 5419. FALSE OFFICIAL STATEMENTS; FALSE SWEARING. 

Section 907 of title 10, United States Code (article 107 of the 

Uniform Code of Military Justice), is amended to read as follows: 

‘‘§ 907. Art. 107. False official statements; false swearing 

‘‘(a) FALSE OFFICIAL STATEMENTS.—Any person subject to this 

chapter who, with intent to deceive— 

‘‘(1) signs any false record, return, regulation, order, or 

other official document, knowing it to be false; or 

‘‘(2) makes any other false official statement knowing it to 

be false; 

shall be punished as a court-martial may direct. 

‘‘(b) FALSE SWEARING.—Any person subject to this chapter— 

‘‘(1) who takes an oath that— 

‘‘(A) is administered in a matter in which such oath is 

required or authorized by law; and 

‘‘(B) is administered by a person with authority to do 

so; and 

‘‘(2) who, upon such oath, makes or subscribes to a statement; 

if the statement is false and at the time of taking the oath, the person does not believe the statement to be true, shall be punished as 

a court-martial may direct.’’. 

SEC. 5420. PAROLE VIOLATION. 

Subchapter X of chapter 47 of title 10, United States Code, is 

amended by inserting after section 907 (article 107 of the Uniform 

Code of Military Justice), as amended by section 5419 of this Act, 

the following new section (article): 


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‘‘§ 907a. Art. 107a. Parole violation 

‘‘Any person subject to this chapter— 

‘‘(1) who, having been a prisoner as the result of a courtmartial conviction or other criminal proceeding, is on parole 

with conditions; and 

‘‘(2) who violates the conditions of parole; 

shall be punished as a court-martial may direct.’’. 

SEC. 5421. WRONGFUL TAKING, OPENING, ETC. OF MAIL MATTER. 

Subchapter X of chapter 47 of title 10, United States Code, is 

amended by inserting after section 909 (article 109 of the Uniform 

Code of Military Justice), the following new section (article): 

‘‘§ 909a. Art. 109a. Mail matter: wrongful taking, opening, etc. 

‘‘(a) TAKING.—Any person subject to this chapter who, with the 

intent to obstruct the correspondence of, or to pry into the business 

or secrets of, any person or organization, wrongfully takes mail matter before the mail matter is delivered to or received by the addressee shall be punished as a court-martial may direct. 

‘‘(b) OPENING, SECRETING, DESTROYING, STEALING.—Any person 

subject to this chapter who wrongfully opens, secretes, destroys, or 

steals mail matter before the mail matter is delivered to or received 

by the addressee shall be punished as a court-martial may direct.’’. 

SEC. 5422. IMPROPER HAZARDING OF VESSEL OR AIRCRAFT. 

Section 910 of title 10, United States Code (article 110 of the 

Uniform Code of Military Justice), is amended to read as follows: 

‘‘§ 910. Art. 110. Improper hazarding of vessel or aircraft 

‘‘(a) WILLFUL AND WRONGFUL HAZARDING.—Any person subject 

to this chapter who, willfully and wrongfully, hazards or suffers to 

be hazarded any vessel or aircraft of the armed forces shall be punished by death or such other punishment as a court-martial may direct. 

‘‘(b) NEGLIGENT HAZARDING.—Any person subject to this chapter who negligently hazards or suffers to be hazarded any vessel or 

aircraft of the armed forces shall be punished as a court-martial 

may direct.’’. 

SEC. 5423. LEAVING SCENE OF VEHICLE ACCIDENT. 

Subchapter X of chapter 47 of title 10, United States Code, is 

amended by inserting after section 910 (article 110 of the Uniform 

Code of Military Justice), as amended by section 5422 of this Act, 

the following new section (article): 

‘‘§ 911. Art. 111. Leaving scene of vehicle accident 

‘‘(a) DRIVER.—Any person subject to this chapter— 

‘‘(1) who is the driver of a vehicle that is involved in an accident that results in personal injury or property damage; and 

‘‘(2) who wrongfully leaves the scene of the accident— 

‘‘(A) without providing assistance to an injured person; 

or 

‘‘(B) without providing personal identification to others 

involved in the accident or to appropriate authorities; 

shall be punished as a court-martial may direct. 

‘‘(b) SENIOR PASSENGER.—Any person subject to this chapter— 


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‘‘(1) who is a passenger in a vehicle that is involved in an 

accident that results in personal injury or property damage; 

‘‘(2) who is the superior commissioned or noncommissioned 

officer of the driver of the vehicle or is the commander of the 

vehicle; and 

‘‘(3) who wrongfully and unlawfully orders, causes, or permits the driver to leave the scene of the accident— 

‘‘(A) without providing assistance to an injured person; 

or 

‘‘(B) without providing personal identification to others 

involved in the accident or to appropriate authorities; 

shall be punished as a court-martial may direct.’’. 

SEC. 5424. DRUNKENNESS AND OTHER INCAPACITATION OFFENSES. 

Section 912 of title 10, United States Code (article 112 of the 

Uniform Code of Military Justice), is amended to read as follows: 

‘‘§ 912. Art. 112. Drunkenness and other incapacitation offenses 

‘‘(a) DRUNK ON DUTY.—Any person subject to this chapter who 

is drunk on duty shall be punished as a court-martial may direct. 

‘‘(b) INCAPACITATION FOR DUTY FROM DRUNKENNESS OR DRUG

USE.—Any person subject to this chapter who, as a result of indulgence in any alcoholic beverage or any drug, is incapacitated for the 

proper performance of duty shall be punished as a court-martial 

may direct. 

‘‘(c) DRUNK PRISONER.—Any person subject to this chapter who 

is a prisoner and, while in such status, is drunk shall be punished 

as a court-martial may direct.’’. 

SEC. 5425. LOWER BLOOD ALCOHOL CONTENT LIMITS FOR CONVICTION OF DRUNKEN OR RECKLESS OPERATION OF VEHICLE, AIRCRAFT, OR VESSEL. 

Subsection (b)(3) of section 913 of title 10, United States Code 

(article 113 of the Uniform Code of Military Justice), as transferred 

and redesignated by section 5401(9) of this Act, is amended— 

(1) by striking ‘‘0.10 grams’’ both places it appears and inserting ‘‘0.08 grams’’; and 

(2) by adding at the end the following new sentence: ‘‘The 

Secretary may by regulation prescribe limits that are lower 

than the limits specified in the preceding sentence, if such lower 

limits are based on scientific developments, as reflected in Federal law of general applicability.’’. 

SEC. 5426. ENDANGERMENT OFFENSES. 

Section 914 of title 10, United States Code (article 114 of the 

Uniform Code of Military Justice), is amended to read as follows: 

‘‘§ 914. Art. 114. Endangerment offenses 

‘‘(a) RECKLESS ENDANGERMENT.—Any person subject to this 

chapter who engages in conduct that— 

‘‘(1) is wrongful and reckless or is wanton; and 

‘‘(2) is likely to produce death or grievous bodily harm to 

another person; 

shall be punished as a court-martial may direct. 

‘‘(b) DUELING.—Any person subject to this chapter— 


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‘‘(1) who fights or promotes, or is concerned in or connives 

at fighting, a duel; or 

‘‘(2) who, having knowledge of a challenge sent or about to 

be sent, fails to report the facts promptly to the proper authority; 

shall be punished as a court-martial may direct. 

‘‘(c) FIREARM DISCHARGE, ENDANGERING HUMAN LIFE.—Any 

person subject to this chapter who, willfully and wrongly, discharges a firearm, under circumstances such as to endanger human 

life shall be punished as a court-martial may direct. 

‘‘(d) CARRYING CONCEALED WEAPON.—Any person subject to this 

chapter who unlawfully carries a dangerous weapon concealed on or 

about his person shall be punished as a court-martial may direct.’’. 

SEC. 5427. COMMUNICATING THREATS. 

Section 915 of title 10, United States Code (article 115 of the 

Uniform Code of Military Justice), is amended to read as follows: 

‘‘§ 915. Art. 115. Communicating threats 

‘‘(a) COMMUNICATING THREATS GENERALLY.—Any person subject to this chapter who wrongfully communicates a threat to injure 

the person, property, or reputation of another shall be punished as 

a court-martial may direct. 

‘‘(b) COMMUNICATING THREAT TO USE EXPLOSIVE, ETC.—Any 

person subject to this chapter who wrongfully communicates a 

threat to injure the person or property of another by use of (1) an 

explosive, (2) a weapon of mass destruction, (3) a biological or chemical agent, substance, or weapon, or (4) a hazardous material, shall 

be punished as a court-martial may direct. 

‘‘(c) COMMUNICATING FALSE THREAT CONCERNING USE OF EXPLOSIVE, ETC.—Any person subject to this chapter who maliciously 

communicates a false threat concerning injury to the person or property of another by use of (1) an explosive, (2) a weapon of mass destruction, (3) a biological or chemical agent, substance, or weapon, 

or (4) a hazardous material, shall be punished as a court-martial 

may direct. As used in the preceding sentence, the term ‘false threat’ 

means a threat that, at the time the threat is communicated, is 

known to be false by the person communicating the threat.’’. 

SEC. 5428. TECHNICAL AMENDMENT RELATING TO MURDER. 

Section 918(4) of title 10, United States Code (article 118(4) of 

the Uniform Code of Military Justice), is amended by striking ‘‘forcible sodomy,’’. 

SEC. 5429. CHILD ENDANGERMENT. 

Subchapter X of chapter 47 of title 10, United States Code, is 

amended by inserting after section 919a (article 119a of the Uniform Code of Military Justice), the following new section (article): 

‘‘§ 919b. Art. 119b. Child endangerment 

‘‘Any person subject to this chapter— 

‘‘(1) who has a duty for the care of a child under the age 

of 16 years; and 

‘‘(2) who, through design or culpable negligence, endangers 

the child’s mental or physical health, safety, or welfare; 

shall be punished as a court-martial may direct.’’. 


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SEC. 5430. RAPE AND SEXUAL ASSAULT OFFENSES. 

(a) OFFENSE OF SEXUAL ASSAULT.—Subsection (b) of section 

920 of title 10, United States Code (article 120 of the Uniform Code 

of Military Justice), is amended— 

(1) in paragraph (1)— 

(A) by striking subparagraph (B); and 

(B) by redesignating subparagraphs (C) and (D) as 

subparagraphs (B) and (C), respectively; and 

(2) in paragraph (2)— 

(A) by striking ‘‘another person when’’ and inserting 

‘‘another person— 

‘‘(B) when’’; and 

(B) by inserting before subparagraph (B), as added by 

subparagraph (A) of this paragraph, the following new subparagraph: 

‘‘(A) without the consent of the other person; or’’. 

(b) DEFINITIONS.— 

(1) SEXUAL ACT.—Paragraph (1) of subsection (g) of such 

section (article) is amended to read as follows: 

‘‘(1) SEXUAL ACT.—The term ‘sexual act’ means— 

‘‘(A) the penetration, however slight, of the penis into 

the vulva or anus or mouth; 

‘‘(B) contact between the mouth and the penis, vulva, 

scrotum, or anus; or 

‘‘(C) the penetration, however slight, of the vulva or 

penis or anus of another by any part of the body or any object, with an intent to abuse, humiliate, harass, or degrade 

any person or to arouse or gratify the sexual desire of any 

person.’’. 

(2) SEXUAL CONTACT.—Paragraph (2) of such subsection is 

amended to read as follows: 

‘‘(2) SEXUAL CONTACT.—The term ‘sexual contact’ means 

touching, or causing another person to touch, either directly or 

through the clothing, the vulva, penis, scrotum, anus, groin, 

brest, inner thigh, or buttocks of any person, with an intent to 

abuse, humiliate, harass, or degrade any person or to arouse or 

gratify the sexual desire of any person. Touching may be accomplished by any part of the body or an object.’’. 

(3) REPEAL OF DEFINITION OF BODILY HARM.—Such subsection is further amended— 

(A) by striking paragraph (3); and 

(B) by redesignating paragraphs (4) through (8) as 

paragraphs (3) through (7), respectively. 

(4) CONSENT.—Paragraph (7) of such subsection, as redesignated by paragraph (3)(B) of this subsection, is further 

amended— 

(A) in subparagraph (A)— 

(i) in the second sentence, by striking ‘‘or submission resulting from the use of force, threat of force, or 

placing another in fear’’; 

(ii) by inserting after the second sentence, as 

amended by clause (i) of this subparagraph the following new sentence: ‘‘Submission resulting from the 

use of force, threat of force, or placing another person 

in fear also does not constitute consent.’’; and 


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(iii) in the last sentence, by striking ‘‘shall not’’ and 

inserting ‘‘does not’’; 

(B) in subparagraph (B), by striking ‘‘subparagraph 

(B) or (D)’’ and inserting ‘‘subparagraph (B) or (C)’’; and 

(C) in subparagraph (C)— 

(i) by striking the first sentence; and 

(ii) in the last sentence, by striking ‘‘, or whether’’ 

and all that follows and inserting a period. 

(5) INCAPABLE OF CONSENTING.—Such subsection is further 

amended by adding at the end the following new paragraph (8): 

‘‘(8) INCAPABLE OF CONSENTING.—The term ‘incapable of 

consenting’ means the person is— 

‘‘(A) incapable of appraising the nature of the conduct 

at issue; or 

‘‘(B) physically incapable of declining participation in, 

or communicating unwillingess to engage in, the sexual act 

at issue.’’. 

(c) RAPE AND SEXUAL ASSAULT OF A CHILD.—Subsection (h)(1) 

of section 920b of title 10, United States Code (article 120b of the 

Uniform Code of Military Justice), is amended by inserting before 

the period at the end the following: ‘‘, except that the term ‘sexual 

act’ also includes the intentional touching, not through the clothing, 

of the genitalia of another person who has not attained the age of 

16 years with an intent to abuse, humiliate, harass, degrade, or 

arouse or gratify the sexual desire of any person’’. 

SEC. 5431. DEPOSIT OF OBSCENE MATTER IN THE MAIL. 

Subchapter X of chapter 47 of title 10, United States Code, is 

amended by inserting after section 920 (article 120 of the Uniform 

Code of Military Justice), the following new section (article): 

‘‘§ 920a. Art. 120a. Mails: deposit of obscene matter 

‘‘Any person subject to this chapter who, wrongfully and knowingly, deposits obscene matter for mailing and delivery shall be 

punished as a court-martial may direct.’’. 

SEC. 5432. FRAUDULENT USE OF CREDIT CARDS, DEBIT CARDS, AND 

OTHER ACCESS DEVICES. 

Subchapter X of chapter 47 of title 10, United States Code, is 

amended by inserting after section 921 (article 121 of the Uniform 

Code of Military Justice), the following new section (article): 

‘‘§ 921a. Art. 121a. Fraudulent use of credit cards, debit 

cards, and other access devices 

‘‘(a) IN GENERAL.—Any person subject to this chapter who, 

knowingly and with intent to defraud, uses— 

‘‘(1) a stolen credit card, debit card, or other access device; 

‘‘(2) a revoked, cancelled, or otherwise invalid credit card, 

debit card, or other access device; or 

‘‘(3) a credit card, debit card, or other access device without 

the authorization of a person whose authorization is required 

for such use; 

to obtain money, property, services, or anything else of value shall 

be punished as a court-martial may direct. 


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‘‘(b) ACCESS DEVICE DEFINED.—In this section (article), the 

term ‘access device’ has the meaning given that term in section 1029 

of title 18.’’. 

SEC. 5433. FALSE PRETENSES TO OBTAIN SERVICES. 

Subchapter X of chapter 47 of title 10, United States Code, is 

amended by inserting after section 921a (article 121a of the Uniform Code of Military Justice), as added by section 5432 of this Act, 

the following new section (article): 

‘‘§ 921b. Art. 121b. False pretenses to obtain services 

‘‘Any person subject to this chapter who, with intent to defraud, 

knowingly uses false pretenses to obtain services shall be punished 

as a court-martial may direct.’’. 

SEC. 5434. ROBBERY. 

Section 922 of title 10, United States Code (article 122 of the 

Uniform Code of Military Justice), is amended to read as follows: 

‘‘§ 922. Art. 122. Robbery 

‘‘Any person subject to this chapter who takes anything of value 

from the person or in the presence of another, against his will, by 

means of force or violence or fear of immediate or future injury to 

his person or property or to the person or property of a relative or 

member of his family or of anyone in his company at the time of 

the robbery, is guilty of robbery and shall be punished as a courtmartial may direct.’’. 

SEC. 5435. RECEIVING STOLEN PROPERTY. 

Subchapter X of chapter 47 of title 10, United States Code, is 

amended by inserting after section 922 (article 122 of the Uniform 

Code of Military Justice), as amended by section 5434 of this Act, 

the following new section (article): 

‘‘§ 922a. Art. 122a. Receiving stolen property 

‘‘Any person subject to this chapter who wrongfully receives, 

buys, or conceals stolen property, knowing the property to be stolen 

property, shall be punished as a court-martial may direct.’’. 

SEC. 5436. OFFENSES CONCERNING GOVERNMENT COMPUTERS. 

Subchapter X of chapter 47 of title 10, United States Code, is 

amended by inserting after section 922a (article 122a of the Uniform Code of Military Justice), as added by section 5435 of this Act, 

the following new section (article): 

‘‘§ 923. Art. 123. Offenses concerning Government computers 

‘‘(a) IN GENERAL.—Any person subject to this chapter who— 

‘‘(1) knowingly accesses a Government computer, with an 

unauthorized purpose, and by doing so obtains classified information, with reason to believe such information could be used 

to the injury of the United States, or to the advantage of any 

foreign nation, and intentionally communicates, delivers, transmits, or causes to be communicated, delivered, or transmitted 

such information to any person not entitled to receive it; 

‘‘(2) intentionally accesses a Government computer, with an 

unauthorized purpose, and thereby obtains classified or other 

protected information from any Government computer; or 


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‘‘(3) knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization to a Government computer; 

shall be punished as a court-martial may direct. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) The term ‘computer’ has the meaning given that term 

in section 1030 of title 18. 

‘‘(2) The term ‘Government computer’ means a computer 

owned or operated by or on behalf of the United States Government. 

‘‘(3) The term ‘damage’ has the meaning given that term in 

section 1030 of title 18.’’. 

SEC. 5437. BRIBERY. 

Subchapter X of chapter 47 of title 10, United States Code, is 

amended by inserting after section 924 (article 124 of the Uniform 

Code of Military Justice), as transferred and redesignated by section 

5401(14) of this Act, the following new section (article): 

‘‘§ 924a. Art. 124a. Bribery 

‘‘(a) ASKING, ACCEPTING, OR RECEIVING THING OF VALUE.—Any 

person subject to this chapter— 

‘‘(1) who occupies an official position or who has official 

duties; and 

‘‘(2) who wrongfully asks, accepts, or receives a thing of 

value with the intent to have the person’s decision or action influenced with respect to an official matter in which the United 

States is interested; 

shall be punished as a court-martial may direct. 

‘‘(b) PROMISING, OFFERING, OR GIVING THING OF VALUE.—Any 

person subject to this chapter who wrongfully promises, offers, or 

gives a thing of value to another person, who occupies an official position or who has official duties, with the intent to influence the decision or action of the other person with respect to an official matter 

in which the United States is interested, shall be punished as a 

court-martial may direct.’’. 

SEC. 5438. GRAFT. 

Subchapter X of chapter 47 of title 10, United States Code, is 

amended by inserting after section 924a (article 124a of the Uniform Code of Military Justice), as added by section 5437 of this Act, 

the following new section (article): 

‘‘§ 924b. Art. 124b. Graft 

‘‘(a) ASKING, ACCEPTING, OR RECEIVING THING OF VALUE.—Any 

person subject to this chapter— 

‘‘(1) who occupies an official position or who has official 

duties; and 

‘‘(2) who wrongfully asks, accepts, or receives a thing of 

value as compensation for or in recognition of services rendered 

or to be rendered by the person with respect to an official matter 

in which the United States is interested; 

shall be punished as a court-martial may direct. 

‘‘(b) PROMISING, OFFERING, OR GIVING THING OF VALUE.—Any 

person subject to this chapter who wrongfully promises, offers, or 


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gives a thing of value to another person, who occupies an official position or who has official duties, as compensation for or in recognition of services rendered or to be rendered by the other person with 

respect to an official matter in which the United States is interested, 

shall be punished as a court-martial may direct.’’. 

SEC. 5439. KIDNAPPING. 

Section 925 of title 10, United States Code (article 125 of the 

Uniform Code of Military Justice), is amended to read as follows: 

‘‘§ 925. Art. 125. Kidnapping 

‘‘Any person subject to this chapter who wrongfully— 

‘‘(1) seizes, confines, inveigles, decoys, or carries away another person; and 

‘‘(2) holds the other person against that person’s will; 

shall be punished as a court-martial may direct.’’. 

SEC. 5440. ARSON; BURNING PROPERTY WITH INTENT TO DEFRAUD. 

Section 926 of title 10, United States Code (article 126 of the 

Uniform Code of Military Justice), is amended to read as follows: 

‘‘§ 926. Art. 126. Arson; burning property with intent to defraud 

‘‘(a) AGGRAVATED ARSON.—Any person subject to this chapter 

who, willfully and maliciously, burns or sets on fire an inhabited 

dwelling, or any other structure, movable or immovable, wherein, to 

the knowledge of that person, there is at the time a human being, 

is guilty of aggravated arson and shall be punished as a court-martial may direct. 

‘‘(b) SIMPLE ARSON.—Any person subject to this chapter who, 

willfully and maliciously, burns or sets fire to the property of another is guilty of simple arson and shall be punished as a courtmartial may direct. 

‘‘(c) BURNING PROPERTY WITH INTENT TO DEFRAUD.—Any person subject to this chapter who, willfully, maliciously, and with intent to defraud, burns or sets fire to any property shall be punished 

as a court-martial may direct.’’. 

SEC. 5441. ASSAULT. 

Section 928 of title 10, United States Code (article 128 of the 

Uniform Code of Military Justice), is amended to read as follows: 

‘‘§ 928. Art. 128. Assault 

‘‘(a) ASSAULT.—Any person subject to this chapter who, unlawfully and with force or violence— 

‘‘(1) attempts to do bodily harm to another person; 

‘‘(2) offers to do bodily harm to another person; or 

‘‘(3) does bodily harm to another person; 

is guilty of assault and shall be punished as a court-martial may 

direct. 

‘‘(b) AGGRAVATED ASSAULT.—Any person subject to this chapter— 

‘‘(1) who, with the intent to do bodily harm, offers to do 

bodily harm with a dangerous weapon; or 

‘‘(2) who, in committing an assault, inflicts substantial bodily harm, or grievous bodily harm on another person; 


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is guilty of aggravated assault and shall be punished as a courtmartial may direct. 

‘‘(c) ASSAULT WITH INTENT TO COMMIT SPECIFIED OFFENSES.— 

‘‘(1) IN GENERAL.—Any person subject to this chapter who 

commits assault with intent to commit an offense specified in 

paragraph (2) shall be punished as a court-martial may direct. 

‘‘(2) OFFENSES SPECIFIED.—The offenses referred to in paragraph (1) are murder, voluntary manslaughter, rape, sexual assault, rape of a child, sexual assault of a child, robbery, arson, 

burglary, and kidnapping.’’. 

SEC. 5442. BURGLARY AND UNLAWFUL ENTRY. 

Section 929 of title 10, United States Code (article 129 of the 

Uniform Code of Military Justice), and section 929a of such title 

(article 129a), as redesignated by section 5401(10) of this Act, are 

amended to read as follows: 

‘‘§ 929. Art. 129. Burglary; unlawful entry 

‘‘(a) BURGLARY.—Any person subject to this chapter who, with 

intent to commit an offense under this chapter, breaks and enters 

the building or structure of another shall be punished as a courtmartial may direct. 

‘‘(b) UNLAWFUL ENTRY.—Any person subject to this chapter who 

unlawfully enters— 

‘‘(1) the real property of another; or 

‘‘(2) the personal property of another which amounts to a 

structure usually used for habitation or storage; 

shall be punished as a court-martial may direct.’’. 

SEC. 5443. STALKING. 

Section 930 of title 10, United States Code (article 130 of the 

Uniform Code of Military Justice), as transferred and redesignated 

by section 5401(11) of this Act, is amended to read as follows: 

‘‘§ 930. Art. 130. Stalking 

‘‘(a) IN GENERAL.—Any person subject to this chapter— 

‘‘(1) who wrongfully engages in a course of conduct directed 

at a specific person that would cause a reasonable person to 

fear death or bodily harm, including sexual assault, to himself 

or herself, to a member of his or her immediate family, or to 

his or her intimate partner; 

‘‘(2) who has knowledge, or should have knowledge, that the 

specific person will be placed in reasonable fear of death or bodily harm, including sexual assault, to himself or herself, to a 

member of his or her immediate family, or to his or her intimate partner; and 

‘‘(3) whose conduct induces reasonable fear in the specific 

person of death or bodily harm, including sexual assault, to 

himself or herself, to a member of his or her immediate family, 

or to his or her intimate partner; 

is guilty of stalking and shall be punished as a court-martial may 

direct. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) The term ‘conduct’ means conduct of any kind, including use of surveillance, the mails, an interactive computer servVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 01000 Fmt 6659 Sfmt 6603 E:\HR\OC\HR840.XXX HR840

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ice, an electronic communication service, or an electronic communication system. 

‘‘(2) The term ‘course of conduct’ means— 

‘‘(A) a repeated maintenance of visual or physical proximity to a specific person; 

‘‘(B) a repeated conveyance of verbal threat, written 

threats, or threats implied by conduct, or a combination of 

such threats, directed at or toward a specific person; or 

‘‘(C) a pattern of conduct composed of repeated acts evidencing a continuity of purpose. 

‘‘(3) The term ‘repeated’, with respect to conduct, means two 

or more occasions of such conduct. 

‘‘(4) The term ‘immediate family’, in the case of a specific 

person, means— 

‘‘(A) that person’s spouse, parent, brother or sister, 

child, or other person to whom he or she stands in loco 

parentis; or 

‘‘(B) any other person living in his or her household 

and related to him or her by blood or marriage. 

‘‘(5) The term ‘intimate partner’, in the case of a specific 

person, means— 

‘‘(A) a former spouse of the specific person, a person 

who shares a child in common with the specific person, or 

a person who cohabits with or has cohabited as a spouse 

with the specific person; or 

‘‘(B) a person who has been in a social relationship of 

a romantic or intimate nature with the specific person, as 

determined by the length of the relationship, the type of relationship, and the frequency of interaction between the 

persons involved in the relationship.’’. 

SEC. 5444. SUBORNATION OF PERJURY. 

Subchapter X of chapter 47 of title 10, United States Code, is 

amended by inserting after section 931 (article 131 of the Uniform 

Code of Military Justice), the following new section (article): 

‘‘§ 931a. Art. 131a. Subornation of perjury 

‘‘(a) IN GENERAL.—Any person subject to this chapter who induces and procures another person— 

‘‘(1) to take an oath; and 

‘‘(2) to falsely testify, depose, or state upon such oath; 

shall, if the conditions specified in subsection (b) are satisfied, be 

punished as a court-martial may direct. 

‘‘(b) CONDITIONS.—The conditions referred to in subsection (a) 

are the following: 

‘‘(1) The oath is administered with respect to a matter for 

which such oath is required or authorized by law. 

‘‘(2) The oath is administered by a person having authority 

to do so. 

‘‘(3) Upon the oath, the other person willfully makes or subscribes a statement. 

‘‘(4) The statement is material. 

‘‘(5) The statement is false. 

‘‘(6) When the statement is made or subscribed, the person 

subject to this chapter and the other person do not believe that 

the statement is true.’’. 


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SEC. 5445. OBSTRUCTING JUSTICE. 

Subchapter X of chapter 47 of title 10, United States Code, is 

amended by inserting after section 931a (article 131a of the Uniform Code of Military Justice), as added by section 5444 of this Act, 

the following new section (article): 

‘‘§ 931b. Art. 131b. Obstructing justice 

‘‘Any person subject to this chapter who engages in conduct in 

the case of a certain person against whom the accused had reason 

to believe there were or would be criminal or disciplinary proceedings pending, with intent to influence, impede, or otherwise obstruct the due administration of justice shall be punished as a 

court-martial may direct.’’. 

SEC. 5446. MISPRISION OF SERIOUS OFFENSE. 

Subchapter X of chapter 47 of title 10, United States Code, is 

amended by inserting after section 931b (article 131b of the Uniform 

Code of Military Justice), as added by section 5445 of this Act, the 

following new section (article): 

‘‘§ 931c. Art. 131c. Misprision of serious offense 

‘‘Any person subject to this chapter— 

‘‘(1) who knows that another person has committed a serious offense; and 

‘‘(2) wrongfully conceals the commission of the offense and 

fails to make the commission of the offense known to civilian or 

military authorities as soon as possible; 

shall be punished as a court-martial may direct.’’. 

SEC. 5447. WRONGFUL REFUSAL TO TESTIFY. 

Subchapter X of chapter 47 of title 10, United States Code, is 

amended by inserting after section 931c (article 131c of the Uniform 

Code of Military Justice), as added by section 5446 of this Act, the 

following new section (article): 

‘‘§ 931d. Art. 131d. Wrongful refusal to testify 

‘‘Any person subject to this chapter who, in the presence of a 

court-martial, a board of officers, a military commission, a court of 

inquiry, a preliminary hearing, or an officer taking a deposition, of 

or for the United States, wrongfully refuses to qualify as a witness 

or to answer a question after having been directed to do so by the 

person presiding shall be punished as a court-martial may direct.’’. 

SEC. 5448. PREVENTION OF AUTHORIZED SEIZURE OF PROPERTY. 

Subchapter X of chapter 47 of title 10, United States Code, is 

amended by inserting after section 931d (article 131d of the Uniform Code of Military Justice), as added by section 5447 of this Act, 

the following new section (article): 

‘‘§ 931e. Art. 131e. Prevention of authorized seizure of property 

‘‘Any person subject to this chapter who, knowing that one or 

more persons authorized to make searches and seizures are seizing, 

are about to seize, or are endeavoring to seize property, destroys, removes, or otherwise disposes of the property with intent to prevent 

the seizure thereof shall be punished as a court-martial may direct.’’. 


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SEC. 5449. WRONGFUL INTERFERENCE WITH ADVERSE ADMINISTRATIVE PROCEEDING. 

Subchapter X of chapter 47 of title 10, United States Code, is 

amended by inserting after section 931f (article 131f of the Uniform 

Code of Military Justice), as transferred and redesignated by section 

5401(3) of this Act, the following new section (article): 

‘‘§ 931g. Art. 131g. Wrongful interference with adverse administrative proceeding 

‘‘Any person subject to this chapter who, having reason to believe that an adverse administrative proceeding is pending against 

any person subject to this chapter, wrongfully acts with the intent— 

‘‘(1) to influence, impede, or obstruct the conduct of the proceeding; or 

‘‘(2) otherwise to obstruct the due administration of justice; 

shall be punished as a court-martial may direct.’’. 

SEC. 5450. RETALIATION. 

Subchapter X of chapter 47 of title 10, United States Code, is 

amended by inserting after section 931g (article 131g of the Uniform 

Code of Military Justice), as added by section 5449 of this Act, the 

following new section (article): 

‘‘§ 932. Art. 132. Retaliation 

‘‘(a) IN GENERAL.—Any person subject to this chapter who, with 

the intent to retaliate against any person for reporting or planning 

to report a criminal offense, or making or planning to make a protected communication, or with the intent to discourage any person 

from reporting a criminal offense or making or planning to make 

a protected communication— 

‘‘(1) wrongfully takes or threatens to take an adverse personnel action against any person; or 

‘‘(2) wrongfully withholds or threatens to withhold a favorable personnel action with respect to any person; 

shall be punished as a court-martial may direct. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) The term ‘protected communication’ means the following: 

‘‘(A) A lawful communication to a Member of Congress 

or an Inspector General. 

‘‘(B) A communication to a covered individual or organization in which a member of the armed forces complains 

of, or discloses information that the member reasonably believes constitutes evidence of, any of the following: 

‘‘(i) A violation of law or regulation, including a 

law or regulation prohibiting sexual harassment or unlawful discrimination. 

‘‘(ii) Gross mismanagement, a gross waste of funds, 

an abuse of authority, or a substantial and specific 

danger to public health or safety. 

‘‘(2) The term ‘Inspector General’ has the meaning given 

that term in section 1034(h) of this title. 

‘‘(3) The term ‘covered individual or organization’ means 

any recipient of a communication specified in clauses (i) 

through (v) of section 1034(b)(1)(B) of this title. 


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‘‘(4) The term ‘unlawful discrimination’ means discrimination on the basis of race, color, religion, sex, or national origin.’’. 

SEC. 5451. EXTRATERRITORIAL APPLICATION OF CERTAIN OFFENSES. 

Section 934 of title 10, United States Code (article 134 of the 

Uniform Code of Military Justice), is amended by adding at the end 

the following new sentence: ‘‘As used in the preceding sentence, the 

term ‘crimes and offenses not capital’ includes any conduct engaged 

in outside the United States, as defined in section 5 of title 18, that 

would constitute a crime or offense not capital if the conduct had 

been engaged in within the special maritime and territorial jurisdiction of the United States, as defined in section 7 of title 18.’’. 

SEC. 5452. TABLE OF SECTIONS. 

The table of sections at the beginning of subchapter X of chapter 

47 of title 10, United States Code (the Uniform Code of Military 

Justice), is amended to read as follows: 

‘‘SUBCHAPTER X—PUNITIVE ARTICLES

‘‘Sec. Art.

‘‘877. Art. 77. Principals. 

‘‘878. Art. 78. Accessory after the fact. 

‘‘879. Art. 79. Conviction of offense charged, lesser included offenses, and attempts. 

‘‘880. Art. 80. Attempts. 

‘‘881. Art. 81. Conspiracy. 

‘‘882. Art. 82. Soliciting commission of offenses. 

‘‘883. Art. 83. Malingering. 

‘‘884. Art. 84. Breach of medical quarantine. 

‘‘885. Art. 85. Desertion. 

‘‘886. Art. 86. Absence without leave. 

‘‘887. Art. 87. Missing movement; jumping from vessel. 

‘‘887a. Art. 87a. Resistence, flight, breach of arrest, and escape. 

‘‘887b. Art. 87b. Offenses against correctional custody and restriction. 

‘‘888. Art. 88. Contempt toward officials. 

‘‘889. Art. 89. Disrespect toward superior commissioned officer; assault of superior 

commissioned officer. 

‘‘890. Art. 90. Willfully disobeying superior commissioned officer. 

‘‘891. Art. 91. Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer. 

‘‘892. Art. 92. Failure to obey order or regulation. 

‘‘893. Art. 93. Cruelty and maltreatment. 

‘‘893a. Art. 93a. Prohibited activities with military recruit or trainee by person in position of special trust. 

‘‘894. Art. 94. Mutiny or sedition. 

‘‘895. Art. 95. Offenses by sentinel or lookout. 

‘‘895a. Art. 95a. Disrespect toward sentinel or lookout. 

‘‘896. Art. 96. Release of prisoner without authority; drinking with prisoner. 

‘‘897. Art. 97. Unlawful detention. 

‘‘898. Art. 98. Misconduct as prisoner. 

‘‘899. Art. 99. Misbehavior before the enemy. 

‘‘900. Art. 100. Subordinate compelling surrender. 

‘‘901. Art. 101. Improper use of countersign. 

‘‘902. Art. 102. Forcing a safeguard. 

‘‘903. Art. 103. Spies. 

‘‘903a. Art. 103a. Espionage. 

‘‘903b. Art. 103b. Aiding the enemy. 

‘‘904. Art. 104. Public records offenses. 

‘‘904a. Art. 104a. Fraudulent enlistment, appointment, or separation. 

‘‘904b. Art. 104b. Unlawful enlistment, appointment, or separation. 

‘‘905. Art. 105. Forgery. 

‘‘905a. Art. 105a. False or unauthorized pass offenses. 

‘‘906. Art. 106. Impersonation of officer, noncommissioned or petty officer, or agent 

or official. 

‘‘906a. Art. 106a. Wearing unauthorized insignia, decoration, badge, ribbon, device, 

or lapel button. 


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‘‘907. Art. 107. False official statements; false swearing. 

‘‘907a. Art. 107a. Parole violation. 

‘‘908. Art. 108. Military property of the United States—Loss damage, destruction, or 

wrongful disposition. 

‘‘908a. Art. 108a. Captured or abandoned property. 

‘‘909. Art. 109. Property other than military property of the United States—Waste, 

spoilage, or destruction. 

‘‘909a. Art. 109a. Mail matter: wrongful taking, opening, etc.. 

‘‘910. Art. 110. Improper hazarding of vessel or aircraft. 

‘‘911. Art. 111. Leaving scene of vehicle accident. 

‘‘912. Art. 112. Drunkenness and other incapacitation offenses. 

‘‘912a. Art. 112a. Wrongful use, possession, etc., of controlled substances. 

‘‘913. Art. 113. Drunken or reckless operation of a vehicle, aircraft, or vessel. 

‘‘914. Art. 114. Endangerment offenses. 

‘‘915. Art. 115. Communicating threats. 

‘‘916. Art. 116. Riot or breach of peace. 

‘‘917. Art. 117. Provoking speeches or gestures. 

‘‘918. Art. 118. Murder. 

‘‘919. Art. 119. Manslaughter. 

‘‘919a. Art. 119a. Death or injury of an unborn child. 

‘‘919b. Art. 119b. Child endangerment. 

‘‘920. Art. 120. Rape and sexual assault generally. 

‘‘920a. Art. 120a. Mails: deposit of obscene matter. 

‘‘920b. Art. 120b. Rape and sexual assault of a child. 

‘‘920c. Art. 120c. Other sexual misconduct. 

‘‘921. Art. 121. Larceny and wrongful appropriation. 

‘‘921a. Art. 121a. Fraudulent use of credit cards, debit cards, and other access devices. 

‘‘921b. Art. 121b. False pretenses to obtain services. 

‘‘922. Art. 122. Robbery. 

‘‘922a. Art. 122a. Receiving stolen property. 

‘‘923. Art. 123. Offenses concerning Government computers. 

‘‘923a. Art. 123a. Making, drawing, or uttering check, draft, or order without sufficient funds. 

‘‘924. Art. 124. Frauds against the United States. 

‘‘924a. Art. 124a. Bribery. 

‘‘924b. Art. 124b. Graft. 

‘‘925. Art. 125. Kidnapping. 

‘‘926. Art. 126. Arson; burning property with intent to defraud. 

‘‘927. Art. 127. Extortion. 

‘‘928. Art. 128. Assault. 

‘‘928a. Art 128a. Maiming. 

‘‘929. Art. 129. Burglary; unlawful entry. 

‘‘930. Art. 130. Stalking. 

‘‘931. Art. 131. Perjury. 

‘‘931a. Art. 131a. Subornation of perjury. 

‘‘931b. Art. 131b. Obstructing justice. 

‘‘931c. Art. 131c. Misprision of serious offense. 

‘‘931d. Art. 131d. Wrongful refusal to testify. 

‘‘931e. Art. 131e. Prevention of authorized seizure of property. 

‘‘931f. Art. 131f. Noncompliance with procedural rules. 

‘‘931g. Art. 131g. Wrongful interference with adverse administrative proceeding. 

‘‘932. Art. 132. Retaliation. 

‘‘933. Art. 133. Conduct unbecoming an officer and a gentleman. 

‘‘934. Art. 134. General article.’’. 

TITLE LXI—MISCELLANEOUS PROVISIONS 

Sec. 5501. Technical amendments relating to courts of inquiry. 

Sec. 5502. Technical amendment to Article 136. 

Sec. 5503. Articles of Uniform Code of Military Justice to be explained to officers 

upon commissioning. 

Sec. 5504. Military justice case management; data collection and accessibility. 

SEC. 5501. TECHNICAL AMENDMENTS RELATING TO COURTS OF INQUIRY. 

Section 935(c) of title 10, United States Code (article 135(c) of 

the Uniform Code of Military Justice), is amended— 


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(1) by striking ‘‘(c) Any person’’ and inserting ‘‘(c)(1) Any 

person’’; 

(2) by designating the second and third sentences as paragraphs (2) and (3), respectively; and 

(3) in paragraph (2), as so designated, by striking ‘‘subject 

to this chapter or employed by the Department of Defense’’ and 

inserting ‘‘who is (A) subject to this chapter, (B) employed by 

the Department of Defense, or (C) with respect to the Coast 

Guard, employed by the department in which the Coast Guard 

is operating when it is not operating as a service in the Navy, 

and’’. 

SEC. 5502. TECHNICAL AMENDMENT TO ARTICLE 136. 

Section 936 of title 10, United States Code (article 136 of the 

Uniform Code of Military Justice), is amended by striking the last 

five words in the section heading. 

SEC. 5503. ARTICLES OF UNIFORM CODE OF MILITARY JUSTICE TO BE 

EXPLAINED TO OFFICERS UPON COMMISSIONING. 

Section 937 of title 10, United States Code (article 137 of the 

Uniform Code of Military Justice), is amended— 

(1) in subsection (a), by striking ‘‘(a)(1) The sections of this 

title (articles of the Uniform Code of Military Justice)’’ and inserting ‘‘(a) ENLISTED MEMBERS.—(1) The sections (articles) of 

this chapter (the Uniform Code of Military Justice)’’; 

(2) by striking subsection (b); and 

(3) by adding after subsection (a) the following new subsections: 

‘‘(b) OFFICERS.—(1) The sections (articles) of this chapter (the 

Uniform Code of Military Justice) specified in paragraph (2) shall 

be carefully explained to each officer at the time of (or within six 

months after)— 

‘‘(A) the initial entrance of the officer on active duty as an 

officer; or 

‘‘(B) the initial commissioning of the officer in a reserve 

component. 

‘‘(2) This subsection applies with respect to the sections (articles) 

specified in subsection (a)(3) and such other sections (articles) as the 

Secretary concerned may prescribe by regulation. 

‘‘(c) TRAINING FOR CERTAIN OFFICERS.—Under regulations prescribed by the Secretary concerned, officers with the authority to 

convene courts-martial or to impose non-judicial punishment shall 

receive periodic training regarding the purposes and administration 

of this chapter. Under regulations prescribed by the Secretary of Defense, officers assigned to duty in a joint command or a combatant 

command, who have such authority, shall receive additional specialized training regarding the purposes and administration of this 

chapter with respect to joint commands and the combatant commands. 

‘‘(d) AVAILABILITY AND MAINTENANCE OF TEXT.—The text of this 

chapter (the Uniform Code of Military Justice) and the text of the 

regulations prescribed by the President under this chapter shall 

be— 

‘‘(1) made available to a member on active duty or to a 

member of a reserve component, upon request by the member, 

for the member’s personal examination; and 


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‘‘(2) maintained by the Secretary of Defense in electronic 

formats that are updated periodically and made available on 

the Internet.’’. 

SEC. 5504. MILITARY JUSTICE CASE MANAGEMENT; DATA COLLECTION 

AND ACCESSIBILITY. 

(a) IN GENERAL.—Subchapter XI of chapter 47 of title 10, 

United States Code (the Uniform Code of Military Justice), is 

amended by adding at the end the following new section (article): 

‘‘§ 940a. Art. 140a. Case management; data collection and accessibility 

‘‘The Secretary of Defense shall prescribe uniform standards 

and criteria for conduct of each of the following functions at all 

stages of the military justice system, including pretrial, trial, posttrial, and appellate processes, using, insofar as practicable, the best 

practices of Federal and State courts: 

‘‘(1) Collection and analysis of data concerning substantive 

offenses and procedural matters in a manner that facilitates 

case management and decision making within the military justice system, and that enhances the quality of periodic reviews 

under section 946 of this title (article 146). 

‘‘(2) Case processing and management. 

‘‘(3) Timely, efficient, and accurate production and distribution of records of trial within the military justice system. 

‘‘(4) Facilitation of access to docket information, filings, 

and records, taking into consideration restrictions appropriate 

to judicial proceedings and military records.’’. 

(b) EFFECTIVE DATES.— 

(1) IN GENERAL.—Not later than 2 years after the date of 

the enactment of this Act, the Secretary of Defense shall carry 

out section 940a of title 10, United States Code (article 140a of 

the Uniform Code of Military Justice), as added by subsection 

(a). 

(2) STANDARDS AND CRITERIA.—Not later than 4 years after 

the date of the enactment of this Act, the standards and criteria 

under section 940a of title 10, United States Code (article 140a 

of the Uniform Code of Military Justice), as added by subsection (a), shall take effect. 

TITLE LXII—MILITARY JUSTICE REVIEW PANEL AND ANNUAL 

REPORTS 

Sec. 5521. Military Justice Review Panel. 

Sec. 5522. Annual reports. 

SEC. 5521. MILITARY JUSTICE REVIEW PANEL. 

Section 946 of title 10, United States Code (article 146 of the 

Uniform Code of Military Justice), is amended to read as follows: 

‘‘§ 946. Art. 146. Military Justice Review Panel 

‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall establish 

a panel to conduct independent periodic reviews and assessments of 

the operation of this chapter. The panel shall be known as the ‘Military Justice Review Panel’ (in this section referred to as the ‘Panel’). 

‘‘(b) MEMBERS.— 

‘‘(1) NUMBER OF MEMBERS.—The Panel shall be composed 

of thirteen members. 


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‘‘(2) APPOINTMENT OF CERTAIN MEMBERS.—Each of the following shall appoint one member of the Panel: 

‘‘(A) The Secretary of Defense (in consultation with the 

Secretary of the department in which the Coast Guard is 

operating when it is not operating as a service in the Navy). 

‘‘(B) The Attorney General. 

‘‘(C) The Judge Advocates General of the Army, Navy, 

Air Force, and Coast Guard, and the Staff Judge Advocate 

to the Commandant of the Marine Corps. 

‘‘(3) APPOINTMENT OF REMAINING MEMBERS BY SECRETARY

OF DEFENSE.—The Secretary of Defense shall appoint the remaining members of the Panel, taking into consideration recommendations made by each of the following: 

‘‘(A) The chairman and ranking minority member of 

the Committee on Armed Services of the Senate and the 

Committee on Armed Services of the House of Representatives. 

‘‘(B) The Chief Justice of the United States. 

‘‘(C) The Chief Judge of the United States Court of Appeals for the Armed Forces. 

‘‘(c) QUALIFICATIONS OF MEMBERS.—The members of the Panel 

shall be appointed from among private United States citizens with 

expertise in criminal law, as well as appropriate and diverse experience in investigation, prosecution, defense, victim representation, or 

adjudication with respect to courts-martial, Federal civilian courts, 

or State courts. 

‘‘(d) CHAIR.—The Secretary of Defense shall select the chair of 

the Panel from among the members. 

‘‘(e) TERM; VACANCIES.—Each member shall be appointed for a 

term of eight years, and no member may serve more than one term. 

Any vacancy shall be filled in the same manner as the original appointment. 

‘‘(f) REVIEWS AND REPORTS.— ‘‘(1) INITIAL REVIEW OF RECENT AMENDMENTS TO UCMJ.— 

During fiscal year 2020, the Panel shall conduct an initial review and assessment of the implementation of the amendments 

made to this chapter during the preceding five years. In conducting the initial review and assessment, the Panel may review such other aspects of the operation of this chapter as the 

Panel considers appropriate. 

‘‘(2) SENTENCING DATA COLLECTION AND REPORT.—During 

fiscal year 2020, the Panel shall gather and analyze sentencing 

data collected from each of the armed forces from general and 

special courts-martial applying offense-based sentencing under 

section 856 of this title (article 56). The sentencing data shall 

include the number of accused who request member sentencing 

and the number who request sentencing by military judge 

alone, the offenses which the accused were convicted of, and the 

resulting sentence for each offense in each case. The Judge Advocates General and the Staff Judge Advocate to the Commandant of the Marine Corps shall provide the sentencing data 

in the format and for the duration established by the chair of 

the Panel. Not later than October 31, 2020, the Panel shall submit to the Committees on Armed Services of the Senate and the 

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port setting forth the Panel’s findings and recommendations on 

the need for sentencing reform. 

‘‘(3) PERIODIC COMPREHENSIVE REVIEWS.—During fiscal 

year 2024 and every eight years thereafter, the Panel shall conduct a comprehensive review and assessment of the operation of 

this chapter. 

‘‘(4) PERIODIC INTERIM REVIEWS.—During fiscal year 2028 

and every eight years thereafter, the Panel shall conduct an interim review and assessment of such other aspects of the operation of this chapter as the Panel considers appropriate. In addition, at the request of the Secretary of Defense, the Panel may, 

at any time, review and assess other specific matters relating to 

the operation of this chapter. 

‘‘(5) REPORTS.—Not later than December 31 of each year 

during which the Panel conducts a review and assessment 

under this subsection, the Panel shall submit to the Committees 

on Armed Services of the Senate and the House of Representatives a report setting forth the results of such review and assessment, including the Panel’s findings and recommendations. 

‘‘(g) HEARINGS.—The Panel may hold such hearings, sit and act 

at such times and places, take such testimony, and receive such evidence as the Panel considers appropriate to carry out its duties 

under this section. 

‘‘(h) INFORMATION FROM FEDERAL AGENCIES.—Upon request of 

the chair of the Panel, a department or agency of the Federal Government shall provide information that the Panel considers necessary to carry out its duties under this section. 

‘‘(i) ADMINISTRATIVE MATTERS.— ‘‘(1) MEMBERS TO SERVE WITHOUT PAY.—Members of the 

Panel shall serve without pay, but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 

57 of title 5, while away from their homes or regular places of 

business in the performance of services for the Panel. 

‘‘(2) STAFFING AND RESOURCES.—The Secretary of Defense 

shall provide staffing and resources to support the Panel. 

‘‘(j) FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Panel.’’. 

SEC. 5522. ANNUAL REPORTS. 

Subchapter XII of chapter 47 of title 10, United States Code 

(the Uniform Code of Military Justice), is amended by adding at the 

end the following new section (article): 

‘‘§ 946a. Art. 146a. Annual reports 

‘‘(a) COURT OF APPEALS FOR THE ARMED FORCES.—Not later 

than December 31 each year, the Court of Appeals for the Armed 

Forces shall submit a report that, with respect to the previous fiscal 

year, provides information on the number and status of completed 

and pending cases before the Court, and such other matters as the 

Court considers appropriate regarding the operation of this chapter. 

‘‘(b) SERVICE REPORTS.—Not later than December 31 each year, 

the Judge Advocates General and the Staff Judge Advocate to the 

Commandant of the Marine Corps shall each submit a report, with 

respect to the preceding fiscal year, containing the following: 

‘‘(1) Data on the number and status of pending cases. 


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‘‘(2) Information on the appellate review process, including— 

‘‘(A) information on compliance with processing time 

goals; 

‘‘(B) descriptions of the circumstances surrounding 

cases in which general or special court-martial convictions 

were (i) reversed because of command influence or denial of 

the right to speedy review or (ii) otherwise remitted because 

of loss of records of trial or other administrative deficiencies; and 

‘‘(C) an analysis of each case in which a provision of 

this chapter was held unconstitutional. 

‘‘(3)(A) An explanation of measures implemented by the 

armed force concerned to ensure the ability of judge advocates— 

‘‘(i) to participate competently as trial counsel and defense counsel in cases under this chapter; 

‘‘(ii) to preside as military judges in cases under this 

chapter; and 

‘‘(iii) to perform the duties of Special Victims’ Counsel, 

when so designated under section 1044e of this title. 

‘‘(B) The explanation under subparagraph (A) shall specifically identify the measures that focus on capital cases, national 

security cases, sexual assault cases, and proceedings of military 

commissions. 

‘‘(4) The independent views of each Judge Advocate General 

and of the Staff Judge Advocate to the Commandant of the Marine Corps as to the sufficiency of resources available within the 

respective armed forces, including total workforce, funding, 

training, and officer and enlisted grade structure, to capably 

perform military justice functions. 

‘‘(5) Such other matters regarding the operation of this 

chapter as may be appropriate. 

‘‘(c) SUBMISSION.—Each report under this section shall be submitted— 

‘‘(1) to the Committee on Armed Services of the Senate and 

the Committee on Armed Services of the House of Representatives; and 

‘‘(2) to the Secretary of Defense, the Secretaries of the military departments, and the Secretary of the department in which 

the Coast Guard is operating when it is not operating as a service in the Navy.’’. 

TITLE LXIII—CONFORMING AMENDMENTS AND EFFECTIVE DATES 

Sec. 5541. Amendments to UCMJ subchapter tables of sections. 

Sec. 5542. Effective dates. 

SEC. 5541. AMENDMENTS TO UCMJ SUBCHAPTER TABLES OF SECTIONS. 

The tables of sections for the specified subchapters of chapter 47 

of title 10, United States Code (the Uniform Code of Military Justice), are amended as follows: 

(1) SUBCHAPTER II; APPREHENSION AND RESTRAINT.—The 

table of sections at the beginning of subchapter II is amended— 

(A) by striking the item relating to section 810 (article 

10) and inserting the following new item: 

‘‘810. Art. 10. Restraint of persons charged.’’; and 


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(B) by striking the item relating to section 812 (article 

12) and inserting the following new item: 

‘‘812. Art. 12. Prohibition of confinement of members of the armed forces with enemy 

prisoners and certain others.’’. 

(2) SUBCHAPTER V; COMPOSITION OF COURTS-MARTIAL.—The 

table of sections at the beginning of subchapter V is amended— 

(A) by striking the item relating to section 825a (article 

25a) and inserting the following new item: 

‘‘825. Art. 25a. Number of court-martial members in capital cases.’’; 

(B) by inserting after the item relating to section 826 

(article 26) the following new item: 

‘‘826a. Art. 26a. Military magistrates.’’; and 

(C) by striking the item relating to section 829 (article 

29) and inserting the following new item: 

‘‘829. Art. 29. Assembly and impaneling of members; detail of new members and 

military judges.’’. 

(3) SUBCHAPTER VI; PRE-TRIAL PROCEDURE.—The table of 

sections at the beginning of subchapter VI is amended— 

(A) by inserting after the item relating to section 830 

(article 30) the following new item: 

‘‘830. Art. 30a. Certain proceedings conducted before referral.’’; and 

(B) by striking the items relating to sections 832 

through 835 (articles 32 through 35) and inserting the following new items: 

‘‘832. Art. 32. Preliminary hearing required before referral to general court-martial. 

‘‘833. Art. 33. Disposition guidance. 

‘‘834. Art. 34. Advice to convening authority before referral for trial. 

‘‘835. Art. 35. Service of charges; commencement of trial.’’. 

(4) SUBCHAPTER VII; TRIAL PROCEDURE.—The table of sections at the beginning of subchapter VII is amended— 

(A) by striking the items relating to sections 846 

through 848 (articles 46 through 48) and inserting the following new items: 

‘‘846. Art. 46. Opportunity to obtain witnesses and other evidence in trials by courtmartial. 

‘‘847. Art. 47. Refusal of person not subject to chapter to appear, testify, or produce 

evidence. 

‘‘848. Art. 48. Contempt.’’; 

(B) by striking the item relating to section 850 (article 

50) and inserting the following new item: 

‘‘850. Art. 50. Admissibility of sworn testimony from records of courts of inquiry.’’; 

(C) by striking the items relating to section 852 (article 

52) and inserting the following new item: 

‘‘852. Art. 52. Votes required for conviction, sentencing, and other matters.’’; and 

(D) by striking the item relating to section 853 (article 

53) and inserting the following new items: 

‘‘853. Art. 53. Findings and sentencing. 

‘‘853a. Art. 53a. Plea agreements.’’. 

(5) SUBCHAPTER VIII; SENTENCES.—The table of sections at 

the beginning of subchapter VIII is amended— 

(A) by striking the item relating to section 856 (article 

56) and inserting the following new item: 

‘‘856. Art. 56. Sentencing.’’; and 

(B) by striking the items relating to sections 856a and 

857a (articles 56a and 57a). 

(6) SUBCHAPTER IX; POST-TRIAL PROCEDURE.—The table of 

sections at the beginning of subchapter IX is amended— 


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(A) by striking the items relating to sections 860 and 

61 (articles 60 and 61) and inserting the following new 

items: 

‘‘860. Art. 60. Post-trial processing in general and special courts-martial. 

‘‘860a. Art. 60a. Limited authority to act on sentence in specified post-trial circumstances. 

‘‘860b. Art. 60b. Post-trial actions in summary courts-martial and certain general 

and special courts-martial. 

‘‘860c. Art. 60c. Entry of judgment. 

‘‘861. Art. 61. Waiver of right to appeal; withdrawal of appeal.’’; 

(B) by striking the items relating to sections 864 

through 866 (articles 64 through 66) and inserting the following new items: 

‘‘864. Art. 64. Judge advocate review of finding of guilty in summary court-martial. 

‘‘865. Art. 65. Transmittal and review of records. 

‘‘866. Art. 66. Courts of Criminal Appeals.’’; 

(C) by striking the item relating to section 869 (article 

69) and inserting the following new item: 

‘‘869. Art. 69. Review by Judge Advocate General.’’; and 

(D) by striking the item relating to section 871 (article 

71). 

(7) SUBCHAPTER XI; MISCELLANEOUS PROVISIONS.—The 

table of sections at the beginning of subchapter XI is amended— 

(A) by striking the item relating to section 936 (article 

136) and inserting the following new item: 

‘‘936. Art. 136. Authority to administer oaths.’’; and 

(B) by inserting after the item relating to section 940 

(article 140) the following new item: 

‘‘940a. Art. 140a. Case management; data collection and accessibility.’’. 

(8) SUBCHAPTER XII; UNITED STATES COURT OF APPEALS FOR

THE ARMED FORCES.—The table of sections at the beginning of 

subchapter XII is amended by striking the item relating to section 946 (article 146) and inserting the following new items: 

‘‘946. Art. 146. Military Justice Review Panel. 

‘‘946a. Art. 146a. Annual reports.’’. 

SEC. 5542. EFFECTIVE DATES. 

(a) IN GENERAL.—Except as otherwise provided in this division, 

the amendments made by this division shall take effect on the date 

designated by the President, which date shall be not later than the 

first day of the first calendar month that begins two years after the 

date of the enactment of this Act. 

(b) IMPLEMENTING REGULATIONS.—The President shall prescribe regulations implementing this division and the amendments 

made by this division by not later than one year after the date of 

the enactment of this Act, except as otherwise provided in this division. 

(c) APPLICABILITY.— 

(1) IN GENERAL.—Subject to the provisions of this division 

and the amendments made by this division, the President shall 

prescribe in regulations whether, and to what extent, the 

amendments made by this division shall apply to a case in 

which one or more actions under chapter 47 of title 10, United 

States Code (the Uniform Code of Military Justice), have been 

taken before the effective date of such amendments. 


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(2) INAPPLICABILITY TO CASES IN WHICH CHARGES ALREADY

REFERRED TO TRIAL ON EFFECTIVE DATE.—Except as otherwise 

provided in this division or the amendments made by this division, the amendments made by this division shall not apply to 

any case in which charges are referred to trial by court-martial 

before the effective date of such amendments. Proceedings in 

any such case shall be held in the same manner and with the 

same effect as if such amendments had not been enacted. 

(3) PUNITIVE ARTICLE AMENDMENTS.— 

(A) IN GENERAL.—The amendments made by title LX 

shall not apply to any offense committed before the effective 

date of such amendments. 

(B) CONSTRUCTION.—Nothing in subparagraph (A) 

shall be construed to invalidate the prosecution of any offense committed before the effective date of such amendments. 

(4) SENTENCING AMENDMENTS.—The regulations prescribing the authorized punishments for any offense committed 

before the effective date of the amendments made by title LVIII 

shall apply to the authorized punishments for the offense, as in 

effect at the time the offense is committed. 

And the House agree to the same. 

From the Committee on Armed Services, for consideration 

of the Senate bill and the House amendment, and modifications committed to conference: 

MAC THORNBERRY, 

J. RANDY FORBES, 

JEFF MILLER of Florida, 

JOE WILSON of South Carolina, 

FRANK A. LOBIONDO, 

MICHAEL R. TURNER, 

JOHN KLINE, 

MIKE ROGERS of Alabama, 

TRENT FRANKS of Arizona, 

K. MICHAEL CONAWAY, 

DOUG LAMBORN, 

ROBERT J. WITTMAN, 

CHRISTOPHER P. GIBSON, 

VICKY HARTZLER, 

JOSEPH J. HECK of Nevada, 

ELISE M. STEFANIK, 

ADAM SMITH of Washington, 

LORETTA SANCHEZ, 

SUSAN A. DAVIS of California, 

JAMES R. LANGEVIN, 

RICK LARSEN of Washington, 

JIM COOPER, 

MADELEINE Z. BORDALLO, 

JOE COURTNEY, 

NIKI TSONGAS, 

JOHN GARAMENDI, 

HENRY C. ‘‘HANK’’ JOHNSON, Jr., 

JACKIE SPEIER, 

SCOTT H. PETERS, 


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From the Permanent Select Committee on Intelligence, for 

consideration of matters within the jurisdiction of that 

committee under clause 11 of rule X: 

DEVIN NUNES, MIKE POMPEO, From the Committee on Education and the Workforce, for 

consideration of secs. 571–74 and 578 of the Senate bill, 

and secs. 571, 573, 1098E, and 3512 of the House amendment, and modifications committed to conference: 

TIM WALBERG, BRETT GUTHRIE, ROBERT C. ‘‘BOBBY’’ SCOTT, 

From the Committee on Energy and Commerce, for consideration of secs. 3112 and 3123 of the Senate bill, and secs. 

346, 601, 749, 1045, 1090, 1095, 1673, 3119A, and 3119C 

of the House amendment, and modifications committed to 

conference: 

ROBERT E. LATTA, BILL JOHNSON of Ohio, 

From the Committee on Foreign Affairs, for consideration 

of secs. 828, 1006, 1007, 1050, 1056, 1089, 1204, 1211, 

1221–23, 1231, 1232, 1242, 1243, 1247, 1252, 1253, 1255– 

58, 1260, 1263, 1264, 1271–73, 1276, 1283, 1301, 1302, 

1531–33, and 1662 of the Senate bill, and secs. 926, 1011, 

1013, 1083, 1084, 1098K, 1099B, 1099C, 1201, 1203, 1214, 

1221–23, 1227, 1229, 1233, 1235, 1236, 1245, 1246, 1250, 

1259A–59E, 1259J, 1259L, 1259P, 1259Q, 1259U, 1261, 

1262, 1301–03, 1510, 1531–33, 1645, 1653, and 2804 of the 

House amendment, and modifications committed to conference: 

EDWARD R. ROYCE, LEE M. ZELDIN, 

From the Committee on Homeland Security, for consideration of secs. 564 and 1091 of the Senate bill, and secs. 

1097, 1869, 1869A, and 3510 of the House amendment, 

and modifications committed to conference: 

MICHAEL T. MCCAUL, DANIEL M. DONOVAN, Jr., 

BENNIE G. THOMPSON, From the Committee on the Judiciary, for consideration of 

secs. 829J, 829K, 944, 963, 1006, 1023–25, 1053, 1093, 

1283, 3303, and 3304 of the Senate bill, and secs. 598, 

1090, 1098H, 1216, 1261, and 3608 of the House amendment, and modifications committed to conference: 

BOB GOODLATTE, 

DARRELL E. ISSA, 

From the Committee on Natural Resources, for consideration of secs. 601, 2825, subtitle D of title XXVIII, and sec. 

2852 of the Senate bill, and secs. 312, 601, 1090, 1098H, 

2837, 2839, 2839A, subtitle E of title XXVIII, secs. 2852, 

2854, 2855, 2864–66, title XXX, secs. 3508, 7005, and title 

LXXIII of the House amendment, and modifications committed to conference: 

PAUL COOK, 

CRESENT HARDY, 


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From the Committee on Oversight and Government Reform, for consideration of secs. 339, 703, 819, 821, 829H, 

829I, 861, 944, 1048, 1054, 1097, 1103–07, 1109–13, 1121, 

1124, 1131–33, 1135 and 1136 of the Senate bill, and secs. 

574, 603, 807, 821, 1048, 1088, 1095, 1098L, 1101, 1102, 

1104–06, 1108–11, 1113, 1259C, and 1631 of the House 

amendment, and modifications committed to conference: 

JASON CHAFFETZ, 

STEVE RUSSELL, 

From the Committee on Science, Space, and Technology, 

for consideration of sec. 874 of the Senate bill and secs. 

1605, 1673, and title XXXIII of the House amendment, and 

modifications committed to conference: 

EDDIE BERNICE JOHNSON of 

Texas, 

From the Committee on Small Business, for consideration 

of secs. 818, 838, 874, and 898 of the Senate bill, and title 

XVIII of the House amendment, and modifications committed to conference: 

STEVE CHABOT, 

STEPHEN KNIGHT, 

From the Committee on Transportation and Infrastructure, for consideration of secs. 541, 562, 601, 961, 3302–07, 

3501, and 3502 of the Senate bill, and secs. 343, 601, 731, 

835, 1043, 1671, 3119C, 3501, 3504, 3509, 3512, and title 

XXXVI of the House amendment, and modifications committed to conference: 

DUNCAN HUNTER, 

DAVID ROUZER, 

SEAN PATRICK MALONEY of New 

York, 

From the Committee on Veterans’ Affairs, for consideration of secs. 706, 755, and 1431 of the Senate bill, and 

secs. 741, 1421, and 1864 of the House amendment, and 

modifications committed to conference: 

DAVID P. ROE of Tennessee, 

MIKE BOST, 

From the Committee on Ways and Means, for consideration of sec. 1271 of the Senate bill, and modifications 

committed to conference: 

KEVIN BRADY of Texas, 

DAVID G. REICHERT, 

Managers on the Part of the House. 

JOHN MCCAIN, 

JAMES M. INHOFE, 

JEFF SESSIONS, 

ROGER F. WICKER, 

KELLY AYOTTE, DEB FISCHER, 

TOM COTTON, MIKE ROUNDS, JONI ERNST, THOM TILLIS, DAN SULLIVAN, 


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LINDSEY GRAHAM, TED CRUZ, JACK REED, BILL NELSON, CLAIRE MCCASKILL, JOE MANCHIN III, 

JEANNE SHAHEEN, RICHARD BLUMENTHAL, JOE DONNELLY, MAZIE K. HIRONO, TIM KAINE, ANGUS S. KING, Jr., 

MARTIN HEINRICH, 

Managers on the Part of the Senate. 


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JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF 

CONFERENCE 

The managers on the part of the House and the Senate at the 

conference on the disagreeing votes of the two Houses on the 

amendment of the House to the bill (S. 2943), to authorize appropriations for fiscal year 2017 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel 

strengths for such fiscal year, and for other purposes, submit the 

following joint statement to the House and the Senate in explanation of the effect of the action agreed upon by the managers and 

recommended in the accompanying conference report: 

The House amendment struck all of the Senate bill after the 

enacting clause and inserted a substitute text. 

The Senate recedes from its disagreement to the amendment 

of the House with an amendment that is a substitute for the Senate bill and the House amendment. The differences between the 

Senate bill, the House amendment, and the substitute agreed to in 

conference are noted below, except for clerical corrections, conforming changes made necessary by agreements reached by the 

conferees, and minor drafting and clarifying changes. 

Compliance with rules of the House of Representatives and Senate 

regarding earmarks and congressionally directed spending 

items 

Pursuant to clause 9 of rule XXI of the Rules of the House of 

Representatives and Rule XLIV(3) of the Standing Rules of the 

Senate, neither this conference report nor the accompanying joint 

statement of managers contains any congressional earmarks, congressionally directed spending items, limited tax benefits, or limited tariff benefits, as defined in such rules. 

Summary of discretionary authorizations and budget authority implication 

The budget request for national defense discretionary programs within the jurisdiction of the Committees on Armed Services 

of the Senate and the House of Representatives for fiscal year 2017 

was $608.0 billion. Of this amount, $524.0 billion was requested for 

base Department of Defense programs, $64.6 billion was requested 

for overseas contingency operations of which $5.1 billion was for 

base requirements, $19.2 billion was requested for national security programs in the Department of Energy and the Defense Nuclear Facilities Safety Board, and $0.2 billion for the Maritime Security Program. 

The conference agreement would authorize $611.2 billion in fiscal year 2017, including $523.7 billion for base Department of Defense programs, $67.8 billion for overseas contingency operations of 


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which $8.3 billion was for base requirements, $19.4 billion for national security programs in the Department of Energy and the Defense Nuclear Facilities Safety Board, and $0.3 billion for the Maritime Security Program. 

The two tables preceding the detailed program adjustments in 

Division D of the accompanying joint statement of managers summarize the discretionary authorizations in the agreement and the 

equivalent budget authority levels for fiscal year 2017 defense programs. 

Budgetary effects of this Act (sec. 4) 

The Senate bill contained a provision (sec. 4) that would require that the budgetary effects of this Act be determined in accordance with the procedures established in the Statutory Pay-AsYou-Go Act of 2010 (title I of Public Law 111–139). 

The House amendment contained no similar provision. 

The House recedes. 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations 

Authorization of appropriations (sec. 101) 

The Senate bill contained a provision (sec. 101) that would authorize appropriations for procurement at the levels identified in 

section 4101 of division D of this Act. 

The House amendment contained an identical provision (sec. 

101). 

The conference agreement includes this provision. 

Subtitle B—Army Programs 

Multiyear procurement authority for AH–64E Apache helicopters 

(sec. 111) 

The Senate bill contained a provision (sec. 113) that would authorize the Secretary of the Army to enter into a multiyear contract 

for AH–64E Apache helicopters for fiscal years 2017 through 2021. 

The House amendment contained an identical provision (sec. 

111). 

The conference agreement includes this provision. 

Multiyear procurement authority for UH–60M and HH–60M Black 

Hawk helicopters (sec. 112) 

The Senate bill contained a provision (sec. 112) that would authorize the Secretary of the Army to enter into a multiyear contract 

for UH–60M/HH–60M Black Hawk helicopters for fiscal years 2017 

through 2021. 

The House amendment contained a similar provision (sec. 111) 

that would authorize the Secretary of the Army to enter into one 

or more multiyear contracts for UH–60M and HH–60M Black 

Hawk helicopters beginning in fiscal year 2017, in accordance with 

section 2306b of title 10, United States Code. 

The Senate recedes. 


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Distributed Common Ground System—Army increment 1 (sec. 113) 

The Senate bill contained a provision (sec. 111) that would require the Secretary of the Army to improve and tailor training for 

units equipped with the Distributed Common Ground System— 

Army Increment 1. The provision would also require the Secretary 

of the Army to rapidly identify and field a commercially available 

capability that meets tactical requirements, can integrate at the 

tactical unit level, is substantially easier for personnel to use, and 

requires less training. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would allow the 

Secretary of Defense to waive limitations if any adversely affect ongoing operational activities. 

Assessment of certain capabilities of the Department of the Army 

(sec. 114) 

The House amendment contained a provision (Sec. 113) that 

would require the Secretary of Defense, in consultation with the 

Secretary of the Army and the Chief of Staff of the Army, to provide an assessment to the congressional defense committees by 

April 1, 2017, of the ways, and associated costs, to reduce or eliminate shortfalls in responsiveness and capacity of the following capabilities: 

(1) AH–64-equipped Attack Reconnaissance Battalion capacity 

to meet future needs; 

(2) Air defense artillery (ADA) capacity, responsiveness, and 

the capability of short range ADA to meet existing and emerging 

threats (including unmanned aerial systems, cruise missiles, and 

manned aircraft), including an assessment of the potential for commercial-off-the-shelf solutions; 

(3) Chemical, biological, radiological, and nuclear capabilities 

and modernization; 

(4) Field artillery capabilities and the changes in doctrine and 

war plans resulting from the memorandum of the Secretary of Defense dated June 19, 2008, regarding the Department of Defense 

policy on cluster munitions and unintended harm to civilians, as 

well as required modernization or munition inventory shortfalls; 

(5) Fuel distribution and water purification capacity and responsiveness; 

(6) Army watercraft and port opening capabilities and responsiveness; 

(7) Transportation (fuel, water, and cargo) capacity and responsiveness; 

(8) Military police capacity; and 

(9) Tactical mobility and tactical wheeled vehicle capacity and 

capability, to include adequacy of heavy equipment prime movers. 

The Senate bill contained no similar provision. 

The Senate recedes. 


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Subtitle C—Navy Programs 

Determination of vessel delivery dates (sec. 121) 

The Senate bill contained a provision (sec. 123) that would require the Secretary of the Navy to deem ship delivery to occur at 

the completion of the final phase of construction. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would clarify the 

determination of vessel delivery dates and include such determination in title 10, United States Code. 

Incremental funding for detail design and construction of LHA replacement ship designated LHA 8 (sec. 122) 

The Senate bill contained a provision (sec. 121) that would 

allow the Secretary of the Navy to enter into and incrementally 

fund a contract for detail design and construction of the LHA Replacement ship, designated LHA–8. Subject to the availability of 

appropriations, 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. 

The House amendment contained a similar provision (sec. 123). 

The House recedes. 

Littoral Combat Ship (sec. 123) 

The Senate bill contained a provision (sec. 122) that would require an annual report on Littoral Combat Ship (LCS) mission 

packages, a certification on the acquisition inventory objective of 

LCS mission packages, a limitation on the use of funds to revise 

or deviate from revision three of the LCS acquisition strategy, and 

a repeal of a reporting requirement related to LCS mission modules. 

The House amendment contained a similar provision (sec. 126). 

The House recedes with an amendment that would: 

(1) Replace the limitation on the use of funds to revise or 

deviate from revision three of the LCS acquisition strategy 

with a requirement that the Secretary of Defense provide a 

certification to the congressional defense committees prior to a 

revision or deviation from revision three of the LCS acquisition 

strategy. The conferees’ intent is this subsection be limited to 

those revisions or deviations that would result in a change to: 

the acquisition inventory objective of 40 ships, annual procurement quantities through fiscal year 2021, or the planned downselect to a single LCS prime contractor no later than fiscal 

year 2019; and 

(2) Prohibit the Secretary of Defense from selecting a single contractor for the LCS or frigate program unless such selection is conducted using competitive procedures, performed for 

the purpose of constructing a frigate class ship, and occurs only 

after a frigate design has reached sufficient maturity and completeness. 


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Limitation on use of sole-source shipbuilding contracts for certain 

vessels (sec. 124) 

The Senate bill contained a provision (sec. 124) that would prohibit funds from being used to enter into or prepare to enter into 

sole source contracts for one or more Joint High Speed Vessels 

(JHSV) or Expeditionary Fast Transports (EPF) unless the Secretary of the Navy submits to the congressional defense committees 

a certification and a report. 

The House amendment contained no similar provision. 

The House recedes. 

Limitation on availability of funds for the Advanced Arresting Gear 

Program (sec. 125) 

The Senate bill contained a provision (sec. 125) that would 

limit funds for the Advanced Arresting Gear (AAG) to be installed 

on USS Enterprise (CVN–80) 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 

AAG program. 

The provision would also direct the Secretary of Defense to 

deem the 2009 AAG acquisition program baseline as the original 

baseline estimate and to 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. This action would provide clarity on the 

original baseline estimate, which is a necessary element of a NunnMcCurdy review. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would: 

(1) Require the Navy to report on the AAG program in accordance with section 2432 of title 10, United States Code, 

which deals with Selected Acquisition Reports, instead of reporting in accordance with section 2433a(c) (2) which deals 

with critical cost growth in major defense acquisition programs; 

(2) Add a limitation of funds for the AAG to be installed 

on USS John F. Kennedy (CVN–79) unless the Milestone Decision Authority (MDA) determines that AAG should be installed 

on that ship, and the MDA submits notification of such determination to the congressional defense committees; 

(3) Establish the original baseline estimate for the AAG 

program and require the Secretary of Defense to execute the 

requirements of sections 2433 and 2433a of title 10, United 

States Code, but exempt the Department from having to rescind the milestone decision approval for the AAG program 

during the review required by those provisions; and 

(4) During the review required by section 2433a of title 10, 

United States Code, allow the Secretary of Defense to approve 

contract action or actions to enter a new contract, exercise an 

option under an existing contract, or otherwise extend the 

scope of an existing contract under the AAG program for CVN– 

80 only if the MDA, on a non-delegable basis, were to determine that such action would be needed to appropriately restructure the program as intended by the Secretary of Defense. 


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The conferees note that, although the AAG program is now 

being managed as a Major Defense Acquisition Program, it began 

more than 10 years ago as an Acquisition Category II program, 

which limited transparency and insight of the Navy’s acquisition 

and contract management. In 2015, the Comptroller General reported that the Department of Defense needed a better approach 

to manage Acquisition Category II programs, particularly those 

programs that have the potential to become Major Defense Acquisition Programs. 

Therefore, the conferees direct the Comptroller General to review no fewer than five Navy aircraft launch and recovery equipment (ALRE) Acquisition Category II programs to determine: 

(1) The roles and responsibilities for acquiring ALRE systems for major ship programs, and the relationship of these 

programs to the Navy’s overall acquisition of the ship platform; 

(2) How the acquisition and contracting practices for these 

programs compare to guidance, regulations, and best practices 

for acquisition management; 

(3) How the Navy manages cost, schedule, and performance to meet ship delivery schedules, and what mechanisms, if 

any, are in place to periodically reassess assignment of such 

programs to a particular acquisition category; 

(4) Recommendations to improve the Navy’s performance 

in managing ALRE and other Acquisition Category II programs; and 

(5) Any other observations of the Comptroller General. 

The conferees request a briefing to the congressional defense 

committees no later than June 1, 2017, to be followed by a report. 

Limitation on availability of funds for procurement of U.S.S. Enterprise (CVN–80) (sec. 126) 

The Senate bill contained a provision (sec. 126) that would 

limit more than 25 percent of 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) from being obligated or expended 

until the Secretary of the Navy and Chief of Naval Operations submit a report to the congressional defense committees. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would remove the 

limitation of funds on CVN–79 and terminate this section on September 30, 2021. 

Sense of Congress on aircraft carrier procurement schedules (sec. 

127) 

The House amendment contained a provision (sec. 122) that 

would provide the sense of Congress that the Secretary of the 

Navy’s schedule to procure 1 aircraft carrier every 5 years will reduce the overall aircraft carrier inventory to 10 aircraft carriers, a 

level insufficient to meet peacetime and war plan requirements. 

The section would also recommend that the Secretary begin construction for the Ford-class aircraft carrier designated CVN–81 in 

fiscal year 2022 and align advance procurement activities with this 

accelerated programming. 


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The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would remove the 

reference to CVN–81. 

Report on P–8 Poseidon aircraft (sec. 128) 

The House amendment contained a provision that would require the Secretary of the Navy to submit to the congressional defense committees a report regarding future capabilities for the P– 

8 Poseidon aircraft. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Design and construction of replacement dock landing ship designated LX(R) or amphibious transport dock designated LPD– 

29 (sec. 129) 

The House amendment contained a provision (sec. 124) that 

would authorize the Secretary of the Navy to enter into and incrementally fund a contract for design and construction of the replacement dock landing ship designated LX(R) or the amphibious transport dock designated LPD–29. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Subtitle D—Air Force Programs 

EC–130H Compass Call recapitalization program (sec. 131) 

The Senate bill contained a provision (Sec. 145) that would 

prohibit the availability of funds for the Air Force EC–130H Compass Call recapitalization program unless the Air Force conducts a 

full and open competition to acquire the replacement aircraft platform. 

The House amendment contained no similar provision. 

The House recedes with an amendment that strikes the full 

and open competition requirement, and authorizes the Secretary of 

the Air Force to obligate and expend fiscal year 2017 funds for the 

purpose of re-hosting the primary mission equipment of the current 

EC–130H Compass Call aircraft fleet on to a more operationally effective and survivable airborne platform to meet combatant commander requirements. The amendment limits procurement to the 

first two aircraft of the planned ten aircraft fleet until the Secretary determines there is a high likelihood the program will meet 

the requirements of the combatant commands. 

The conferees agree the restructured EC–130H Compass Call 

program shall be implemented consistent with existing authorities, 

including Federal Acquisition Regulation Part 6.3 and Department 

of Defense Instruction 5000.02, ‘‘Operation of the Defense Acquisition System.’’ 

The conferees note the fiscal year 2017 funding adjustments to 

allow the Secretary of the Air Force to proceed with the program 

are outlined in Division D. 


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Repeal of requirement to preserve certain retired C–5 aircraft (sec. 

132) 

The Senate bill contained a provision (Sec. 143) that would repeal the requirement in Section 141 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239) for the 

Secretary of the Air Force to preserve certain retired C–5 aircraft. 

The House amendment contained a similar provision (Sec. 

132). 

The Senate recedes. 

Repeal of requirement to preserve F–117 aircraft in recallable condition (sec. 133) 

The Senate bill contained a provision (Sec. 144) that would repeal the requirement in Section 136 of the John Warner National 

Defense Authorization Act for Fiscal Year 2007 (Public Law 109– 

364; 120 Stat. 2114) to preserve F–117 aircraft in recallable condition. 

The House amendment contained a similar provision (Sec. 

133). 

The House recedes. 

Prohibition on availability of funds for retirement of A–10 aircraft 

(sec. 134) 

The Senate bill contained a provision (Sec. 141) that would 

amend section 142 of the National Defense Authorization Act for 

Fiscal Year 2016 (Public Law 114–92) by extending the prohibition 

on obligation or expenditure of funds to retire or prepare to retire 

A–10 aircraft until the Secretary of the Air Force and Chief of Staff 

of the Air Force submit a report to the congressional defense committees describing their views on the results of an F–35A initial 

operational test and evaluation (IOT&E). The provision would also 

ensure the F–35A IOT&E includes comparison tests and evaluation 

of the F–35A and A–10C in conducting close air support, combat 

search and rescue, and airborne forward air controller missions. 

The provision would also require the Comptroller General of the 

United States to provide an independent assessment of the report 

from the Secretary and Chief of Staff. 

The House amendment contained a similar provision (Sec. 134) 

that would prevent retirements of A–10 aircraft, but would allow 

the Secretary of the Air Force to transition the A–10 unit at Fort 

Wayne Air National Guard Base, Indiana, to an F–16 unit in fiscal 

year 2018, as the Secretary had proposed in the budget of the 

President for fiscal year 2017. 

The Senate recedes. 

The conferees agree that section (f)(2) of the House provision 

explicitly prevents the divestment of any A–10 aircraft if the special rule were to be invoked. 

The conferees also agree the Comptroller General of the United 

States shall assess the conclusions and assertions contained in the 

Secretary’s and Chief of Staff’s report on the F–35A IOT&E, and 

submit a report to the congressional defense committees of such assessment not later than 90 days after the Secretary’s and Chief of 

Staff’s report is submitted. 


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The conferees also agree the Comptroller General’s report shall 

include the following: 

(1) An assessment of whether the conclusions and assertions included in the report submitted by the Secretary and 

Chief of Staff are comprehensive, fully supported, and sufficiently detailed; and 

(2) An identification of any shortcomings, limitations, or 

other matters that affect the quality of the report’s findings or 

conclusions. 

Limitation on availability of funds for destruction of A–10 aircraft 

in storage status (sec. 135) 

The Senate bill contained a provision (Sec. 142) that would 

prohibit the availability of funds authorized to be appropriated by 

this Act or otherwise made available for the Air Force to be obligated for the purpose of scrapping, destroying, or otherwise disposing of any A–10 aircraft in any storage status in the Aerospace 

Maintenance and Regeneration Group (AMARG) that have serviceable wings or other components that could be used to prevent total 

active inventory A–10 aircraft from being permanently removed 

from flyable status due to unserviceable wings or other components. 

The House amendment contained no similar provision. 

The House recedes with minor technical corrections. 

The conferees agree the provision does not prevent the Air 

Force from reclaiming any usable parts or components on A–10 aircraft in any storage status for the purpose of keeping active inventory A–10 aircraft in flyable and mission capable condition. 

Prohibition on availability of funds for retirement of Joint Surveillance Target Attack Radar System aircraft (sec. 136) 

The House amendment contained a provision (Sec. 135) that 

would prohibit the availability of funds for retirement of Joint Surveillance Target Attack Radar System aircraft in fiscal year 2018. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Elimination of annual report on aircraft inventory (sec. 137) 

The House amendment contained a provision (Sec. 131) that 

would strike the requirement in Section 231a of title 10, United 

States Code, for the Secretary of Defense to deliver an annual report on the military services’ aircraft inventory to the congressional 

defense committees. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Subtitle E—Defense-Wide, Joint, and Multiservice Matters 

Standardization of 5.56mm rifle ammunition (sec. 141) 

The House amendment contained a provision (sec. 146) that 

would require the Secretary of Defense to ensure that the Army 

and the Marine Corps are using in combat one standard type of enhanced 5.56mm rifle ammunition not later than one year after the 

date of the enactment of this Act with exceptions that require the 


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Secretary of Defense to certify to the congressional defense committees the reasons why there are different 5.56mm rounds being used 

in combat. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Fire suppressant and fuel containment standards for certain vehicles (sec. 142) 

The House amendment contained a provision (Sec. 142) that 

would require the Secretary of the Army, or his designee, and the 

Secretary of the Navy, or his designee, to establish and maintain 

policy guidance regarding the establishment of, and updates to, fire 

suppressant and fuel containment standards that meet survivability requirements across various classes of vehicles, including 

light tactical vehicles, medium tactical vehicles, heavy tactical vehicles, and ground combat vehicles for the Army and Marine Corps. 

This section would also require the Secretary of the Army and the 

Secretary of the Navy to provide a report to the congressional defense committees, not later than 180 days after the date of the enactment of this Act, that contains policy guidance for each class of 

vehicle including armor, fire suppression systems, self-sealing material and containment technologies, and any other information as 

determined by the Secretaries. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Limitation on availability of funds for destruction of certain cluster 

munitions (sec. 143) 

The Senate bill contained a provision (section 152) that would 

limit the funds available for the destruction of cluster munitions 

until the Secretary of Defense submits a report on the Department’s policy on, and plan for, cluster munitions. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would limit the 

funds for the destruction of serviceable cluster munitions, but 

would allow the demilitarization of cluster munitions determined to 

be unserviceable due to a significant failure to meet performance 

or logistics requirements. Cluster munitions categorized as unserviceable solely due to current or amended Department of Defense 

policy related to cluster munitions would not meet this definition 

of unserviceable and would be subject to the limitation in this provision. 

Report on Department of Defense munitions strategy for the combatant commands (sec. 144) 

The House amendment contained a provision that would require the Secretary of Defense to submit to the congressional defense committees a report on the munitions strategy of the combatant commands. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would reduce the 

time horizon for the strategy and modify the elements of the required report. 


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Modifications to reporting on use of combat mission requirements 

funds (sec. 145) 

The House amendment contained a provision (sec. 141) that 

would amend the quarterly report requirement in section 123 of 

the Ike Skelton National Defense Authorization Act for Fiscal Year 

2011 (Public Law 111–383), to sunset the requirement for such reports on September 30, 2018. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would change 

from quarterly to annually the requirement for the commander of 

U.S. Special Operations Command to submit a report on use of 

Combat Mission Requirements funds. 

Report on alternative management structures for the F–35 joint 

strike fighter program (sec. 146) 

The Senate bill contained a provision that would disestablish 

the F–35 Joint Program Office (JPO) and devolve relevant responsibilities to the Air Force and the Navy. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would remove the 

requirement to disestablish the JPO and require the Secretary of 

Defense, no later than March 31, 2017, to submit to the congressional defense committees a report on potential options for the future management of the Joint Strike Fighter program. 

Comptroller General review of F–35 Lightning II aircraft 

sustainment support (sec. 147) 

The House amendment contained a provision (Sec. 144) that 

would direct the Comptroller General of the United States to conduct an analysis of the sustainment support strategy for the F–35 

Joint Strike Fighter program. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Briefing on acquisition strategy for Ground Mobility Vehicle (sec. 

148) 

The House amendment contained a provision (Sec. 145) that 

would direct the Under Secretary of Defense for Acquisition, Technology, and Logistics, in consultation with the Secretary of the 

Army, to provide a briefing to the congressional defense committees 

on the acquisition strategy for the ground mobility vehicle. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Study and report on optimal mix of aircraft capabilities for the 

Armed Forces (sec. 149) 

The Senate bill contained a provision (Sec. 151) that would direct the Secretary of Defense to obtain an independent study on the 

future mix of aircraft platforms for the Armed Forces. 

The House amendment contained no similar provision. 

The House recedes with an amendment changing the study to 

be conducted by the Secretary of Defense rather than by an independent entity, adds the congressional intelligence committees as 


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recipients of the study report, and includes other minor technical 

corrections. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Funding for surface-to-air missile system 

The House amendment contained a provision (Section 114) 

that would authorize an increase in funding for Missile Procurement, Army line 002, MSE missile, by $84.2 million and decrease 

funding for Defense Nuclear Nonproliferation Research and Development, material management and minimization, by an equal 

$84.2 million. 

The Senate bill contained no similar provision. 

The House recedes. 

The outcome is reflected in sections 4101 and 4701 of the Act. 

Procurement authority for aircraft carrier programs 

The House amendment contained a provision (sec. 121) that 

would provide economic order quantity authority for the construction of two Ford-class aircraft carriers and incremental funding authority for the nuclear refueling and complex overhaul of five Nimitz-class aircraft carriers. 

The Senate bill contained no similar provision. 

The House recedes. 

Ship to shore connector program 

The House amendment contained a provision (sec. 125) that 

would authorize the Secretary of the Navy to enter into a contract 

for the procurement of up to 45 Ship to Shore Connector vessels. 

The Senate bill contained no similar provision. 

The House recedes. 

Limitation on availability of funds for Tactical Combat Training 

System Increment II 

The Senate bill contained a provision (sec. 127) that would 

limit the obligation or expenditure of 25 percent of funds for the 

Tactical Combat Training Systems (TCTS) Increment II program 

until 60 days after the Secretary of the Navy submitted the report 

required by section 235 of the National Defense Authorization Act 

for Fiscal Year 2016 (Public Law 114–92). 

The House amendment contained a similar provision (sec. 218) 

that would limit the obligation or expenditure of 20 percent of the 

funds for TCTS Increment II until the Secretary of the Navy and 

Secretary of the Air Force provided the required report. 

The conference agreement includes neither provision. Because 

the Secretary of the Navy submitted the required report in May 

2016, the limitation on availability of funds within these provisions 

is no longer applicable. 

However, the conferees remain concerned about training gaps, 

both in live and simulated environments, for pilots in fourth and 

fifth-generation aircraft. Pilots will have to operate these aircraft 

with advanced weapon systems in highly complex anti-access, area 

denial environments. The conferees recognize the importance of developing higher fidelity interoperable training for combat pilots 


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using live-virtual-constructive (LVC) exercises. Such exercises 

should allow the Department to simulate a broader range of threat 

system capabilities that enable training aircraft pilots under more 

realistic combat conditions. 

Therefore, the conferees expect the Department of Defense to 

apply the necessary focus and resources to develop and support 

LVC training as soon as possible. 

Prohibition on availability of funds for retirement of U–2 aircraft 

The House amendment contained a provision (Sec. 137) that 

would prohibit the availability of funds for the retirement of U–2 

aircraft. 

The Senate bill contained no similar provision. 

The House recedes. Section 133 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81) prohibits 

the Secretary of the Air Force from taking any action that would 

prevent the Air Force from maintaining the U–2 aircraft fleet in its 

current configuration and capability beyond fiscal year 2016. The 

conferees agree that this provision remains in full force and effect. 

Medium Altitude Intelligence, Surveillance, and Reconnaissance 

aircraft 

The Senate bill contained a provision (sec. 153) that would prohibit the obligation or expenditure of funds for the acquisition of 

Medium Altitude Intelligence, Surveillance, and Reconnaissance 

(MAISR) aircraft in fiscal year 2017 until the Assistant Secretary 

of Defense for Special Operations and Low Intensity Conflict (ASD 

SOLIC), in consultation with the Commander of U.S. Special Operations Command (SOCOM), provides the congressional defense 

committees with a report on the manned ISR requirements of the 

command and how such an acquisition aligns with the SOCOM ISR 

Roadmap. 

The House amendment contained no similar provision. 

The Senate recedes. 

The conferees understand that a SOCOM analysis determined 

that the cost avoidance of acquiring versus leasing MAISR aircraft 

is approximately $1.3 million per month with a break even return 

on investment of approximately 11 months. However, the conferees 

believe that procurement of ISR aircraft should not be ad hoc, but 

instead be a deliberate acquisition informed by an analysis of alternatives that fully considers changing requirements, threats, capabilities, tactics, and resource constraints. Therefore, the conferees 

direct ASD SOLIC and SOCOM to provide an interim briefing on 

the scope, methodology and timeline for the Next Generation 

Manned ISR Study and Analysis of Alternatives no later than 90 

days after enactment of this Act. 


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TITLE II—RESEARCH, DEVELOPMENT, TEST, AND 

EVALUATION 

Subtitle A—Authorization of Appropriations 

Authorization of appropriations (sec. 201) 

The Senate bill contained a provision (sec. 201) that would authorize appropriations for Research, Development, Test, and Evaluation at the levels identified in section 4201 of division D of this 

Act. 

The House amendment contained an identical provision (sec. 

201). 

The conference agreement includes this provision. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Laboratory quality enhancement program (sec. 211) 

The House amendment contained a provision (sec. 211) that 

would require the establishment of a Laboratory Quality Enhancement Program to support the analysis and implementation of current policies, as well as make recommendations for new initiatives 

to support the improvement and enhancement of the Department 

of Defense’s Science and Technology Reinvention Laboratories. The 

House provision would also align management of the laboratory 

demonstration program with the Assistant Secretary of Defense for 

Research and Engineering. 

The Senate bill contained a provision (sec. 1126) that would 

align management of the laboratory demonstration program with 

the Under Secretary of Defense for Acquisition, Technology, and 

Logistics. 

The Senate recedes with an amendment to adjust the membership of the panel and to emphasize that the goal of the laboratory 

personnel system should be to support the efficient operations of 

those institutions. 

Modification of mechanisms to provide funds for defense laboratories for research and development of technologies for military 

missions (sec. 212) 

The Senate bill contained a provision (sec. 211) that would 

raise the limit of funds authorized under Section 219 of the Duncan 

Hunter National Defense Authorization Act for Fiscal Year 2009 

(Public Law 110–417) up to four percent of all funds available to 

a laboratory. The provision would also eliminate the sunset date for 

authorization of this authority. 

The House amendment contained a similar provision (sec. 212) 

that would set the level of funding at three percent, eliminate the 

sunset date, and allow certain federally funded research and development centers to use this authority. 

The House recedes with an amendment that would set the 

level of Section 219 funding at between two and four percent. 


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Making permanent authority for defense research and development 

rapid innovation program (sec. 213) 

The Senate bill contained a provision (sec. 212) that would repeal the sunset provision of the Rapid Innovation Program and 

make the authorization of the program permanent. 

The House amendment contained no similar provision. 

The House recedes. 

Authorization for National Defense University and Defense Acquisition University to enter into cooperative research and development agreements (sec. 214) 

The Senate bill contained a provision (sec. 213) that would authorize the Defense Acquisition University and the National Defense University to enter into cooperative agreements, which involve the provision of grant money, and cooperative research and 

development agreements with universities, not-for-profit institutions, and other entities to support their designated missions. 

The House amendment contained no similar provision. 

The House recedes. 

Manufacturing engineering education grant program (sec. 215) 

The Senate bill contained a provision (sec. 214) that would 

allow the Department of Defense to provide grants to institutions 

of higher education, including technical and community colleges, 

for the purposes of enhancing education in manufacturing engineering. 

The House amendment contained no similar provision. 

The House recedes with technical amendments to clarify several aspects of the grant program. 

Notification requirement for certain rapid prototyping, experimentation, and demonstration activities (sec. 216) 

The House amendment contained a provision (sec. 213) that 

would require the Secretary of the Navy to provide written notification to the congressional defense committees within 10 days before 

initiating a rapid prototyping, experimentation, or demonstration 

activity using funds from PE 63382N (Navy Advanced Combat Systems Technology). 

The Senate bill contained no similar provision. 

The Senate recedes. 

Increased micro-purchase threshold for research programs and entities (sec. 217) 

The Senate bill contained a provision (sec. 215) that would increase the micro-purchase threshold in Department of Defense research and laboratories activities from $3,000 to $10,000. In raising 

the limit, this provision would allow appropriate organizations, 

such as universities, defense labs, and other performers, to facilitate easy and administratively efficient purchasing of small dollar 

items. 

The House amendment contained no similar provision. 

The House recedes with an amendment to extend the increase 

in micro-purchase threshold to all research activities governmentwide. 


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Improved biosafety for handling of select agents and toxins (sec. 

218) 

The House amendment contained a provision (sec. 214) that 

would direct the Department of Defense to implement several improvements for handling of select agents and toxins, as recommended from an Army 15–6 investigative report on the individual and institutional accountability for the shipment of viable 

Bacillus Anthracis from Dugway Proving Ground. This section 

would require the Department to implement a quality assurance 

and quality control program for any facility producing biological select agents and toxins, and for the Secretary of Defense to submit 

a report to the congressional defense committees by February 1, 

2017, on the potential consolidation of facilities that work with biological select agents and toxins. This section would also require the 

Comptroller General of the United States to submit a report to the 

congressional defense committees by September 1, 2017, on the effectiveness and completeness of the Department of Defense’s actions taken to address the findings and recommendations of the 

Army 15–6 investigation. 

The Senate bill contained no similar provision. 

The Senate recedes with a technical amendment. 

Designation of Department of Defense senior official with principal 

responsibility for directed energy weapons (sec. 219) 

The Senate bill contained a provision (sec. 216) that would 

grant rapid acquisition authorities for directed energy weapons systems to accelerate the development and fielding of directed energy 

technology and to help offset the gains of potential adversaries. The 

Senate provision would also establish a joint directed energy program office at the Department of Defense. 

The House amendment contained a provision (sec. 220) that 

would require the Secretary of Defense to designate a senior official 

already serving within the Department of Defense as a senior official with principal responsibility for the development and demonstration of directed energy weapons for the Department. 

The Senate recedes with an amendment that would require the 

senior designated official to develop a strategic roadmap for the development and fielding of directed energy technology and to accelerate such development and fielding. The amendment would also 

rename the joint technology office for high energy lasers to the 

joint directed energy transition office, and would expand its mission to work with the senior designated official to push the demonstration and transition of directed energy systems, as well as the 

development of key technologies. 

The conferees expect and encourage the Department of Defense 

to use rapid acquisition authorities authorized to the department 

in Section 806 of the Bob Stump National Defense Authorization 

Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2302 note) 

to speed the development and deployment of operational directed 

energy capabilities. The committee believes that this provision allows the Secretary of Defense to better use the range of acquisition 

authorities already at the disposal of the department for the purposes of directed energy weapons system acquisition, including: 

(1) Rapid acquisition authority provided under Section 806; 


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(2) Use of other transactions authority provided under section 2371 of Title 10, United States Code; 

(3) Simplified acquisition procedures for the acquisition of 

commercial items; and 

(4) Authority for procurement for experimental purposes 

provided under section 2373 of Title 10, United States Code. 

Restructuring of the distributed common ground system of the Army 

(sec. 220) 

The House amendment contained a provision (sec. 219) that 

would require the Secretary of the Army to restructure versions of 

the distributed common ground system of the Army after Increment 1. The Secretary of the Army shall discontinue development 

of new software code of any component of the system for which 

there is commercial, open source, or Government off the shelf software that is capable of fulfilling at least 80 percent of the system 

requirements; and conduct a review of the acquisition strategy for 

the program to ensure that procurement of commercial software is 

the preferred method of meeting program requirements. The Secretary of the Army shall not award any contract for the development of a new component software capability if such a capability 

is already a commercial item. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment. 

The conferees expect the Secretary of the Army to rapidly execute this acquisition so as to quickly improve the field performance 

of the existing distributed common ground system for the Army, 

which we do not believe is adequately serving the needs of units 

at division, brigade and battalion levels. 

Limitation on availability of funds for countering weapons of mass 

destruction system Constellation (sec. 221) 

The House amendment contained a provision (sec. 216) that 

would prohibit the Department of Defense from obligating or expending any funds in fiscal year 2017 for research, development, 

and prototyping of the countering weapons of mass destruction situational awareness information system, known as ‘‘Constellation.’’ 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would limit half 

the funds available for Constellation until the Secretary of Defense 

provides an independent review and assessment of the requirements and implementation plan for this system. In addition congressional defense committees shall receive periodic updates prior 

to the completion of the review. 

Limitation on availability of funds for Defense Innovation Unit Experimental (sec. 222) 

The House amendment contained a provision (sec. 217) that 

would limit the amount of authorized funds available to be obligated or expended for the Defense Innovation Unit Experimental 

(DIUx) to no more than 80 percent until the Secretary of Defense 

provides a report to the congressional defense committees on the 

charter for and the use of funds to establish and expand DIUx. 

The Senate bill contained no similar provision. 


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The Senate recedes with an amendment that would alter the 

amount of funds subject to limitation and add additional specificity 

to the reporting requirement. 

The conferees remain cautiously optimistic that the changes to 

the organizational structure and functions of DIUx could become 

important tools for the Department of Defense (DoD) to engage 

with new and non-traditional commercial sources of innovation, as 

well as rapidly identify and integrate new technologies into defense 

systems. The conferees believe that outreach to commercial companies, small businesses and other non-traditional defense contractors, in Silicon Valley and across the nation, will be a key element 

in all efforts at modernizing defense systems and pursuing offsetting technology strategies. However, the conferees are concerned 

that investments made by DIUx to-date were not focused on rapid 

delivery of much needed game-changing technologies. Additionally, 

DIUx’s customer base is not as diverse as expected and includes organizations, such as U.S. Special Operations Command, with their 

own acquisition authority and entity established to leverage innovation. Although the conferees are not opposed to any organization 

partnering with DIUx, the conferees encourage DIUx to establish 

relationships with services and other Department of Defense organizations that do not have their own funding, authorities, and innovation hubs. 

Additionally, the conferees remain concerned that in the Department’s rush to try something new, defense leaders have not 

taken the time to determine how effective recent organizational 

and management changes are before seeking a rapid expansion of 

resources. Nor do the conferees believe that the Department has 

postured DIUx to be successful in the innovation ecosystem with 

partners across the Department, finding ways to multiply the effectiveness and networking potential of DIUx by leveraging the personnel, expertise, authorities, and resources of existing successful 

research, development, innovation, and tech transfer mechanisms. 

These existing mechanisms include the Small Business Innovative 

Research and Small Business Technology Transition programs, the 

Department of Defense research laboratories, and other entities 

that look at technology in classified settings. 

Additionally, the conferees are concerned that the Department 

has found useful mechanisms to identify and engage with new commercial entities, without making demonstrable progress in reducing the acquisition and contractual barriers of entry for these nontraditional providers, as well as all commercial entities wishing to 

do business with the Department. Without such progress, the conferees are concerned that these non-traditional vendors will become 

frustrated over time, as has happened in the past, and will revert 

back to a posture that, at best, reluctantly partners in defense 

work, and at worst, actively rejects all work with the Department 

of Defense because the acquisition system is too burdensome and 

bureaucratic. 


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Limitation on availability of funds for Joint Surveillance Target Attack Radar System (JSTARS) recapitalization program (sec. 

223) 

The Senate bill contained a provision (Sec. 146) that would 

limit the availability of fiscal year 2017 and beyond funds for the 

Joint Surveillance Target Attack Radar System recapitalization 

program unless the contract for engineering and manufacturing development uses a firm fixed price contract structure. 

The House amendment contained no similar provision. 

The House recedes with an amendment that provides the Secretary of Defense with authority to waive the limitation in the provision if the Secretary determines the waiver is in the national security interests of the United States, and includes other minor 

technical corrections. 

The conferees note that to ensure the integrity of the full and 

open competition nature of this program, they caution the Air 

Force to guard against the potential prejudicing of this source selection by other Air Force recapitalization programs. 

Acquisition program baseline and annual reports on follow-on modernization program for F–35 Joint Strike Fighter (sec. 224) 

The Senate bill contained a provision (sec. 1087) that would require the Department of Defense to treat the F–35 Follow-on Modernization program as a separate Major Defense Acquisition Program (MDAP). 

The House amendment contained no similar provision. 

The House recedes with an amendment that would remove the 

requirement to treat the Follow-on Modernization program as a 

separate MDAP and require the Secretary of Defense, not later 

than March 31, 2017, to submit to the congressional defense committees a report that contains the basic elements of an acquisition 

program baseline for Block 4 modernization. 

Subtitle C—Reports and Other Matters 

Strategy for assured access to trusted microelectronics (sec. 231) 

The House amendment contained a provision (sec. 231) that 

would require the Secretary of Defense to develop and implement 

a strategy for developing and acquiring trusted microelectronics 

from various sources by 2020. The House provision would further 

require the Secretary of Defense to certify by September 30, 2020, 

that the Department has implemented the recommendations of the 

strategy, and has created an assured means of accessing sufficient 

supply of trusted microelectronics. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would add additional elements to the required strategy. 

Pilot program on evaluation of commercial information technology 

(sec. 232) 

The House amendment contained a provision (sec. 232) that 

would require the Defense Information Systems Agency to establish a pilot program to evaluate commercially available information 

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tial impact on Department of Defense networks and computing environments through prototyping, experimentation, operational demonstration, military user assessment, or other means to get quantitative and qualitative feedback on the commercial item. 

The Senate bill contained no similar provision. 

The Senate recedes with a clarifying amendment. 

Pilot program for the enhancement of the research, development, 

test, and evaluation centers of the Department of Defense (sec. 

233) 

The Senate bill contained a provision (sec. 948) that would 

allow directors of Department of Defense research and development 

laboratories, as well as the director of the Defense Advanced Research Projects Agency to waive on a temporary basis regulations, 

instructions, publications, policies, and procedures of the Department of Defense as the director believes appropriate. 

The House amendment contained a similar provision (sec. 233) 

that would allow the services to demonstrate methods for the more 

effective development of research, development, test, and evaluation functions. 

The Senate recedes with an amendment that would combine 

features of both provisions and create a pilot program open to research and development laboratories, test and evaluation centers, 

and the Defense Advanced Research Projects Agency. The amended 

provision would allow directors of these entities to waive on a temporary basis any regulation, restriction, requirement, guidance, policy, procedure, or departmental instruction that would generate 

greater value and efficiencies in research and development activities, enable more efficient and effective operations, and enable 

more rapid deployment of warfighter capabilities. 

In this provision, the conferees expect the secretaries of the 

services to ensure that participation in the program includes at 

least five science and technology reinvention laboratories and at 

least five test and evaluation centers from each service with the 

highest likelihood to use innovatively the authority for this new 

management flexibility to demonstrate the value for the entire Department. 

In addition, the conferees expect that the assistant secretaries 

of the services will work with their appropriate counterparts within 

the services to complete evaluation of waiver requests in a timely 

and responsive manner. 

Pilot program on modernization and fielding of electromagnetic 

spectrum warfare systems and electronic warfare capabilities 

(sec. 234) 

The Senate bill contained a provision (sec. 897) that would 

stipulate that funds for electromagnetic spectrum warfare systems 

and EW systems may be used for the development and fielding of 

such systems. The provision would also amend section 806(c)(1) of 

the Bob Stump National Defense Authorization Act for Fiscal Year 

2003 (Public Law 107–314) to add a new subparagraph addressing 

the rapid acquisition of electronic warfare capabilities. 

The House amendment contained a provision (sec. 234) that 

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gram on the modernization of electromagnetic spectrum warfare 

systems and electronic warfare (EW) systems. The House provision 

would direct the Electronic Warfare Executive Committee (EWEC) 

to select a total of five such systems currently in sustainment for 

modernization under the pilot program. 

The Senate recedes with an amendment that would including 

fielding of EW systems, increases the number of systems to be selected for the pilot program from 5 to 10, adds a termination date 

of September 30, 2023 to the pilot program, and authorizes appropriated electromagnetic spectrum warfare and electronic warfare 

funds to be used for the development and fielding of electromagnetic spectrum warfare systems and electronic warfare capabilities. 

Pilot program on disclosure of certain sensitive information to federally funded research and development centers (sec. 235) 

The Senate bill contained a provision (sec. 218) that would permit the Department of Defense to provide personnel of a Defense 

federally-funded research and development center with access to 

sensitive information necessary to carry out their assigned duties 

and functions. 

The House amendment contained no similar provision. 

The House recedes with an amendment to clarify certain elements of the program and further prevent any unauthorized disclosure of sensitive information. 

Pilot program on enhanced interaction between the Defense Advanced Research Projects Agency and the service academies 

(sec. 236) 

The Senate bill contained a provision (sec. 219) that would authorize the Secretary of Defense to establish a pilot program to assess the feasibility and advisability of enhanced interaction between the Defense Advanced Research Projects Agency and the 

military service academies. 

The House amendment contained no similar provision. 

The House recedes with technical amendments to streamline 

the pilot program. 

Independent review of F/A–18 physiological episodes and corrective 

actions (sec. 237) 

The House amendment contained a provision that would require the Secretary of the Navy to establish an independent review 

team to review the Navy’s data on, and mitigation efforts related 

to, the increase in F/A–18 physiological events since January 1, 

2009 and submit a report on the findings of said review team. 

The Senate bill contained no similar provision. 

The Senate recedes. 

B–21 bomber development program accountability matrices (sec. 

238) 

The Senate bill contained a provision (Sec. 844) that would establish specific cost growth thresholds and cost controls for the Air 

Force’s B–21 bomber program, directs the Secretary of the Air 

Force to provide quarterly program performance data to the CompVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 01037 Fmt 6601 Sfmt 6601 E:\HR\OC\HR840.XXX HR840

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troller General of the United States, and directs the transfer of the 

difference between the Department of Defense’s annual program 

budget funding amount and the contract award value to the Defense Rapid Prototyping Fund for each budget year submission. 

The House amendment contained no similar provision. 

The House recedes with an amendment that strikes the cost 

growth thresholds and cost controls, and strikes the requirement to 

transfer funds into the Defense Rapid Prototyping Fund. The 

amendment also changes the program performance data submission from a quarterly to semi-annual reporting frequency, and includes other minor technical corrections. 

Study on helicopter crash prevention and mitigation technology (sec. 

239) 

The House amendment contained a provision (Sec. 236) that 

would require the Secretary of Defense to enter into a contract 

with a federally funded research and development center to conduct a study on technologies with the potential to prevent and mitigate helicopter crashes. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Strategy for improving electronic and electromagnetic spectrum 

warfare capabilities (sec. 240) 

The House amendment contained a provision (sec. 237) that 

would require the Under Secretary of Defense for Acquisition, 

Technology, and Logistics, acting through the Electronic Warfare 

Executive Committee, to submit to the congressional defense committees a report by April 1, 2017, on future electronic warfare concepts and technologies. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would require a 

strategy for improving electronic and electromagnetic spectrum 

warfare capabilities. 

Sense of Congress on development and fielding of fifth generation 

airborne systems (sec. 241) 

The Senate bill contained a provision (Sec. 1057) that would 

express the sense of the Senate on the definition of and need for 

continued prioritization, development, and fielding of fifth-generation airborne capabilities. 

The House amendment contained no similar provision. 

The House recedes with an amendment that replaces the term 

‘‘the Senate’’ with ‘‘Congress’’ in each instance where it occurs in 

the title and body of the provision, and includes other minor technical corrections. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Report on cost of B–21 aircraft 

The Senate bill contained a provision (Sec. 217) that would 

limit the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 to be made available for 

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gram until the Air Force releases the value of the B–21 EMD contract award made on October 27, 2015, to the congressional defense 

committees. 

The House amendment contained a similar provision (Sec. 136) 

that would require the Secretary of Defense to submit to the congressional defense committees a report on the cost of the B–21 aircraft. 

The Senate recedes. 

The House recedes. 

Neither provision was adopted. 

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations 

Authorization of appropriations (sec. 301) 

The Senate bill contained a provision (sec. 301) that would authorize appropriations for operation and maintenance activities at 

the levels identified in section 4301 of division D of this Act. 

The House amendment contained an identical provision (sec. 

301). 

The conference agreement includes this provision. 

Subtitle B—Energy and the Environment 

Modified reporting requirement related to installations energy management (sec. 311) 

The Senate bill contained a provision (sec. 302) that would 

amend subsection (a) of section 2925 of title 10, United States 

Code, by significantly reducing the contents of the Department of 

Defense’s Annual Energy Management Report. 

The House amendment contained a similar provision (sec. 331) 

that would modify subsection (a) and (b) of section 2925 of title 10, 

United States Code, to modify and extend, with a sunset date of 

January 31, 2021, the ‘‘Annual Report Related to Installations Energy Management’’ and the ‘‘Annual Report Related to Operational 

Energy.’’ 

The House recedes with a technical amendment. 

Waiver authority for alternative fuel procurement requirement (sec. 

312) 

The House amendment contained a provision (sec. 311) that 

would amend section 526 of the Energy Independence and Security 

Act of 2007 (Public Law 110–140) to clarify that this section shall 

not be construed as a constraint on any conventional or unconventional fuel procurement necessary for military operations. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would allow the 

Secretary of Defense to waive section 526 of the Energy Independence and Security Act of 2007 if in the interest of national security. 

Utility data management for military facilities (sec. 313) 

The Senate bill contained a provision (sec. 304) that would direct the Department of Defense, in consultation with the Department of Energy, to develop a pilot program to investigate the utiliVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 01039 Fmt 6601 Sfmt 6601 E:\HR\OC\HR840.XXX HR840

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zation of utility data management services to perform utility bill 

aggregation, analysis, third-party payment, storage and distribution. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would provide 

permissive authority to the Secretary of Defense to develop a utility data management program with a funding cap of $250,000. 

Alternative technologies for munitions disposal (sec. 314) 

The House amendment contained a provision (sec. 313) that 

authorizes the Secretary of the Army to consider using cost-competitive technologies that minimize waste generation and air emissions as alternatives to disposal of conventional munitions by open 

burning, open detonation, direct contact combustion, and incineration. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Report on efforts to reduce high energy costs at military installations (sec. 315) 

The Senate bill contained a provision (sec. 303) that would require the Under Secretary of Defense for Acquisition, Technology, 

and Logistics, in consultation with the assistant secretaries responsible for energy installations and environment for the military services and the Defense Logistics Agency, to conduct an assessment of 

the efforts to achieve cost savings at military installations with 

high energy costs. 

The House amendment contained no similar provision. 

The House recedes with an amendment to clarify the focus on 

installations with high levels of energy intensity. 

Sense of Congress on funding decisions relating to climate change 

(sec. 316) 

The House amendment contained a provision (sec. 315) that 

would prohibit the Department of Defense from obligating or expending any funds in fiscal year 2017 to carry out sections 2, 3, 4, 

5, 6(b) (iii), and 6(c) of Executive Order 13653 and sections 2, 3, 

7, 8, 9, 10, 11, 12, 13, 14, and 15(b) of Executive Order 13693. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would provide the 

Sense of Congress that Fiscal Year 2017 funding decisions for the 

Department should be based on supporting and increasing combat 

capability, in addition to constantly seeking efficiency and efficacy. 

Additionally, the Department’s programs should allocate funds in 

a manner that best serves our national security interests. Accordingly, the conferees believe that the collective issues regarding energy efficiency, energy use, and climate change should adhere to 

these principles. 


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Subtitle C—Logistics and Sustainment 

Revision of deployability rating system and planning reform (sec. 

321) 

The Senate bill contained a provision (sec. 311) that would 

amend Chapter 1003 of title 10, United States Code, requiring the 

Secretary of the Army to maintain a system for identifying the priority of deployment for units of all components of the Army. 

The House amendment contained an identical provision (sec. 

523). 

The conference agreement includes this provision. 

Revision of guidance related to corrosion control and prevention executives (sec. 322) 

The Senate bill contained a provision (sec. 312) that would require the Under Secretary of Defense for Acquisition, Technology, 

and Logistics, in coordination with the Director of Corrosion Policy 

and Oversight, to revise corrosion-related guidance to clearly define 

the role of the corrosion control and prevention executives of the 

military departments in assisting the Office of Corrosion Policy and 

Oversight. 

The House amendment contained no similar provision. 

The House recedes. 

Pilot program for inclusion of certain industrial plants in the Armament Retooling and Manufacturing Support Initiative (sec. 

323) 

The House amendment contained a provision (sec. 321) that 

would establish a pilot program for a period of five years requiring 

the Secretary of Defense to treat all government-owned, contractoroperated (GOCO) industrial plants of the Department of the Army 

as an eligible facility under section 4551(2) of title 10, United 

States Code. 

The Senate bill contained no similar provision. 

The Senate recedes with a technical amendment that would 

provide permissive authority to the Secretary of Defense to consider all government-owned, contractor operated industrial plants 

for all military services within the Department of Defense as an eligible facility under section 4551(2) of title 10, United States Code, 

as part of a pilot program for a period of five years. 

The conferees note this provision does not authorize GOCO industrial plants’ use of Army Working Capital Funds. 

Repair, recapitalization, and certification of dry docks at naval 

shipyards (sec. 324) 

The Senate bill contained a provision (sec. 313) that would authorize amounts available as foreign currency fluctuation savings 

as specified in the funding table in section 4301 to be authorized 

to be appropriated for fiscal year 2017 by section 301 for operation 

and maintenance to be made available for the repair, recapitalization, and certification of dry docks at government-owned and government-operated naval shipyards. 

The House amendment contained no similar provision. 


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The House recedes with a technical amendment that would authorize the Secretary of Defense to transfer up to $250 million of 

authorizations made available in this Act to the Department of Defense towards the repair, recapitalization, and certification of dry 

docks at government-owned and government-operated naval shipyards and if such a transfer occurs, the Secretary of Defense shall 

promptly notify Congress of the transfer. 

Private sector port loading assessment (sec. 325) 

The House amendment contained a provision (sec. 322) that 

would require the Secretary of the Navy to conduct quarterly assessments of naval ship maintenance and loading activities carried 

out by private sector entities at each covered port. 

The Senate bill contained no similar provision. 

The Senate recedes with a technical amendment that would remove the Sense of Congress. 

Strategy on revitalizing Army organic industrial base (sec. 326) 

The House amendment contained a provision (sec. 332) that 

would require the Secretary of Defense to provide a report on certain equipment purchased from foreign entities with an assessment 

of how that work could be performed by the Army arsenals and establish a pilot program for the period of two years to allow the 

Army arsenals to adjust their labor rates through the fiscal year. 

The Senate bill contained no similar provision. 

The Senate recedes with a technical amendment that would expand the report to include the Department of Defense organic industrial base in its entirety and strike the pilot program for adjustable labor rates. 

Subtitle D—Reports 

Modifications to Quarterly Readiness Report to Congress (sec. 331) 

The Senate bill contained a provision (sec. 321) that would 

amend subsection (a) of section 482 of title 10, United States Code, 

modifying the Department of Defense’s requirements for the Quarterly Readiness Report to Congress. 

The House amendment contained no similar provision. 

The House recedes. 

Report on average travel costs of members of the reserve components 

(sec. 332) 

The House amendment contained a provisions (sec. 333) that 

would require the Secretary of Defense to submit a report to the 

congressional defense committees on the travel expenses of members of the reserve components performing certain service, to include the average annual cost for all travel expenses for a member 

of a reserve component. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would require the 

report be executed by the Comptroller General of the United 

States. 


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Report on HH–60G sustainment and Combat Rescue Helicopter program (sec. 333) 

The Senate bill contained a provision (sec. 322) that would require the Secretary of Defense to report to the congressional defense committees a plan to modernize, train, and maintain the 

HH–60 fleet. 

The House amendment contained no similar provision. 

The House recedes. 

Subtitle E—Other Matters 

Air navigation matters (sec. 341) 

The Senate bill contained a provision (sec. 333) that would 

amend Section 358 of the National Defense Authorization Act for 

fiscal year 2011 (Public Law 111–383) to ensure that due diligence 

and proper assessment is given so energy projects do not interfere 

with operational training of the military services. 

The House amendment contained a similar provision (sec. 343) 

that would amend section 44718 of title 49, United States Code, to 

authorize the Secretary of Transportation to include the interests 

of national security, as determined by the Secretary of Defense, in 

the Secretary’s aeronautical studies and reports required under 

this statute. 

The Senate recedes with an amendment that would include the 

due diligence and proper assessment to ensure energy projects do 

not interfere with operational training, and would amend title 49, 

United States Code, to require the Secretary of Transportation to 

review flight path changes at civilian airports to determine if recent adjustments have had an impact on local communities. 

Contract working dogs (sec. 342) 

The Senate bill contained a provision (sec. 337) that would 

amend Section 2583(h) of title 10, United States Code, and require 

each future contract with a provider of tactical explosive detection 

dogs to include a provision requiring the contractor to transfer the 

dog to the 341st Training Squadron after the animal’s service life. 

The House amendment contained no similar provision. 

The House recedes with a technical amendment that would include the terminology a working dog that is ‘‘trained and kenneled 

by an entity that provides such a dog pursuant to such a contract.’’ 

Plan, funding documents, and management review relating to explosive ordnance disposal (sec. 343) 

The House amendment contained a provision (sec. 342) that 

would establish a joint Explosive Ordnance Disposal (EOD) program, with the Navy as executive agent for the Department of Defense, to coordinate and integrate research, development, and procurement for EOD defense programs. This section would also require the Secretary of Defense to conduct a review of the management structure of the program and to brief the results of the review 

to the Committees on Armed Services of the Senate and the House 

of Representatives by May 1, 2018. 

The Senate bill contained no similar provision. 


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The Senate recedes with an amendment that would direct the 

Secretary of Defense to develop a plan to create an EOD program, 

in addition to requiring the Secretary of Defense to identify EOD 

funding documents in all military services and to conduct an EOD 

management review. The amendment also requires the Secretary of 

Defense to brief both the results of the management review and the 

details of the plan to the Committees on Armed Services of the 

Senate and the House of Representatives by March 1, 2017. 

Process for communicating availability of surplus ammunition (sec. 

344) 

The House amendment contained a provision (sec. 351) that 

would require the Secretary of Defense to implement a formal process for communicating to other Federal Government agencies the 

availability of surplus, serviceable ammunition from the Department of Defense. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Mitigation of risks posed by window coverings with accessible cords 

in certain military housing units (sec. 345) 

The Senate bill contained a provision (sec. 336) that would direct the Secretary of Defense to remove and replace window coverings with accessible cords from military housing units in which 

children under the age of 9 reside and require housing contractors 

to phase out window coverings with accessible cords. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would ensure that 

the requirement would be applied to contracts for housing units 

going forward and would not violate existing contract terms. 

Access to military installations by transportation companies (sec. 

346) 

The Senate bill contained a provision (sec. 339) that would require the Secretary of Defense to establish policies, terms, and conditions under which online transportation networks and their drivers shall be permitted access to military installations to serve base 

personnel. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would require the 

Secretary of Defense, within one year of enactment, to establish 

policies under which covered drivers may be authorized to access 

military installations. 

Access to wireless high-speed Internet and network connections for 

certain members of the Armed Forces (sec. 347) 

The House amendment contained a provision (sec. 350) that 

would encourage the Secretary of Defense to provide members of 

the Armed Forces who are deployed overseas at any United States 

military facility access to high-speed internet and network connections without charge. 

The Senate bill contained no similar provision. 

The Senate recedes. 


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Limitation on availability of funds for Office of the Under Secretary 

of Defense for Intelligence (sec. 348) 

The House amendment contained a provision (sec. 347) that 

would limit the obligation or expenditure of 15 percent of the funds 

authorized to be appropriated for Operation and Maintenance, Defense-Wide, for the Office of the Under Secretary of Defense for 

Policy for fiscal year 2017, until the Secretary of Defense establishes and implements a process by which members of the Armed 

Forces may carry an appropriate firearm on a military installation, 

as required by section 526 of the National Defense Authorization 

Act for Fiscal Year 2016 (Public Law 114–92). 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would limit the 

obligation or expenditure of 10 percent of the funds authorized to 

be appropriated for Operation and Maintenance, Defense-Wide, for 

the Office of the Under Secretary of Defense for Intelligence for fiscal year 2017, until the Secretary of Defense issues guidance on the 

process by which members of the Armed Forces may carry an appropriate firearm on a military installation, as required by section 

526 of the National Defense Authorization Act for Fiscal Year 2016. 

The conferees note that the Under Secretary of Defense for Intelligence is the official responsible to provide the Secretary of Defense recommendations for the policy and regulations implementing 

the process required under section 526 of the National Defense Authorization Act for Fiscal Year 2016. 

Limitation on development and fielding of new camouflage and utility uniforms (sec. 349) 

The Senate bill contained a provision (sec. 332) that would restrict funds to be obligated or expended for the development or 

fielding of new camouflage or utility uniforms or families of uniforms until one year after the Secretary of Defense notifies the congressional defense committees of the proposed development or fielding. 

The House amendment contained no similar provision. 

The House recedes. 

Plan for improved dedicated adversary air training enterprise of the 

Air Force (sec. 350) 

The Senate bill contained a provision (Sec. 334) that would direct the Chief of Staff of the Air Force to submit to the Committees 

on Armed Services of the Senate and the House of Representatives, 

not later than March 3, 2017, a resource ready and executable plan 

and briefing for developing and emplacing a modernized dedicated 

adversary air training enterprise to support the full spectrum air 

combat readiness of the United States Air Force. 

The House amendment contained no similar provision. 

The House recedes with minor technical corrections. 

Independent review and assessment of the Ready Aircrew Program 

of the Air Force (sec. 351) 

The Senate bill contained a provision (Sec. 335) that would direct the Secretary of the Air Force to commission an independent 

review and assessment of the assumptions underlying the Air 


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Force’s annual continuation training requirements, and the efficacy 

of the overall Ready Aircrew Program in the management of the 

Air Force’s aircrew training requirements. 

The House amendment contained no similar provision. 

The House recedes with minor technical corrections. 

Study on space-available travel system of the Department of Defense 

(sec. 352) 

The House amendment contained a provision (sec. 345) that 

would require the Secretary of Defense to conduct a study of the 

space-available travel system and to provide the result of the study 

to the congressional defense committees within 180 days after entering into a contract with a federally funded research and development center to conduct the study. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would require the 

study to consider the feasibility and the impact on the space-available system of extending eligibility for space-available travel to 

members or former members of the armed forces with a disability 

rated as total, on the same basis as such transportation is provided 

to members of the Armed Forces entitled to retired or retainer pay. 

Evaluation of motor carrier safety performance and safety technology (sec. 353) 

The House amendment contained a provision (sec. 348) that 

would require the Secretary of Defense to evaluate the need for 

proven safety technology such as electronic logging devices, roll stability control, forward collision avoidance, lane departure warning 

systems, and speed limiters in vehicles transporting Transportation 

Protective Services shipments. 

The Senate bill contained no similar position. 

The Senate recedes with a clarifying amendment that would 

strike the Sense of Congress but still include the findings of the 

Government Accountability Office (GAO) report, GAO 16–82. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Increase in funding for civil military programs 

The House amendment contained a provision (sec. 302) that 

would increase funding for the National Guard Youth Challenge 

Program by $15.0 million by taking a reduction from Defense-wide 

Operations and Maintenance funding. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees note that the National Guard Youth Challenge 

program is fully funded in the conference agreement at the President’s budget request level. 

Linear LED lamps 

The Senate bill contained a provision (sec. 305) that would 

amend section 2–4.1.1.2 of the Department of Defense’s Unified Facilities Criteria to allow linear light emitting diode lamps for facilities and installation retrofits. 

The House amendment contained no similar provision. 


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The Senate recedes. 

The conferees note that the Department of the Navy has safely 

adopted the use of linear light emitting diode lamps for facilities 

and installation retrofits. The conferees encourage all of the military services to do so in a safe and effective manner, in order to 

consume less energy and realize life-cycle cost savings. 

Production and use of natural gas at Fort Knox 

The House amendment contained a provision (sec. 312) that 

would amend chapter 449 of title 10, United States Code, to grant 

the Secretary of the Army authority to provide for the production 

and management of natural gas located under Fort Knox, Kentucky. 

The Senate bill contained no similar provision. 

The House recedes. 

Sense of Congress on perfluorinated chemicals 

The House amendment contained a provision (sec. 314) that 

would express the sense of Congress that the Department of Defense should work with State and local health officials to prevent 

human exposure to perfluorinated chemicals. 

The Senate bill contained no similar provision. 

The House recedes. 

Limitation on availability of funds for Defense Contract Management Agency 

The House amendment contained a provision (sec. 323) that 

would limit funding for the Defense Contract Management Agency 

(DCMA) until the DCMA Director provides a briefing to the Committees on Armed Services of the Senate and the House of Representatives on the agency’s plan to foster the adoption, implementation, and verification of the Department of Defense’s revised Item 

Unique Identification policy across the Department and the defense 

industrial base. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees note the importance of use of Item Unique Identification within the Department of Defense and direct the Secretary of Defense to provide a briefing to the Committees on Armed 

Services of the Senate and the House of Representatives on the 

agency’s plan to foster the adoption, implementation, and 

verification of the Department of Defense’s revised Item Unique 

Identification policy no later than 45 days after enactment of this 

Act. 

Repurposing and reuse of surplus military firearms 

The Senate bill contained a provision (sec. 331) that would require the Secretary of the Army to transfer all excess firearms, related spare parts and components, small arms ammunition, and 

ammunition components currently stored at Defense Distribution 

Depot, Anniston, Alabama to Rock Island Arsenal to be melted and 

repurposed for military use for re-forging of new firearms or related components and force protection barriers and security 

bollards. The provision would also authorize the Secretary of the 


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Navy to transfer M–1 Garand and caliber .22 rimfire rifles held 

within the inventories of the United States Navy and the United 

States Marine Corps and stored at Defense Distribution Depot, Anniston, Alabama, or Naval Surface Warfare Center, Crane, Indiana 

to the Corporation for the Promotion of Rifle Practice and Firearms 

Safety to be used as awards for competitors in marksmanship competitions held by the United States Marine Corps or United States 

Navy. 

The House amendment contained no similar provision. 

The Senate recedes. 

STARBASE Program 

The Senate bill contained a provision (sec. 338) that would express a sense of Congress on the importance of the Starbase program. 

The House amendment contained no similar provision. 

The Senate recedes. 

The conferees agree to continue funding for the Starbase program and to include an appropriate funding level in the budget tables of this bill. 

Explosive Ordnance Disposal Corps 

The House amendment contained a provision (sec. 341) that 

would amend section 3063 of title 10, United States Code, to add 

Explosive Ordnance Disposal Corps to the list of Army branches. 

The Senate bill contained no similar provision. 

The House recedes. 

Development of personal protective equipment for female Marines 

and soldiers 

The House amendment contained a provision (sec. 344) that 

would require the Secretary of the Navy and the Commandant of 

the Marine Corps to work in coordination with the Secretary of the 

Army to develop a joint acquisition strategy to provide more effective personal protective equipment and organizational clothing and 

equipment to meet the specific and unique requirements for female 

Marines and soldiers. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees note that both the committee report (H. Rept. 

114–537) accompanying the National Defense Authorization Act for 

Fiscal Year 2017 and the committee report (S. Rept. 114–255) accompanying the National Defense Authorization Act for Fiscal Year 

2017 contained directive report language requiring the Secretary of 

Defense to report on the plans for programming, budgeting, requirements, and procurement of female specific equipment including helmets, combat clothing, body armor, footwear, and other critical safety item equipment categories. The conferees remained concerned that currently available items of personal protective equipment (PPE) and organizational clothing and individual equipment 

(OCIE) may not meet the specific and unique requirements for female combat troops. The conferees expect the Secretary of Defense 

to consider development and use of joint acquisition strategies for 

this equipment as part of the two reporting requirements. 


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Supply of specialty motors from certain manufacturers 

The House amendment contained a provision (sec. 346) that 

would exempt certain small business manufacturers of specialty 

motors from the requirements of section 431.25 of title 10, Code of 

Federal Regulations, regarding energy conservation standards. 

The Senate bill contained no similar provision. 

The House recedes. 

Briefing on well-drilling capabilities of active duty and reserve components 

The House amendment contained a provision (sec. 349) that 

would require the Secretary of Defense to provide a briefing on the 

well-drilling capabilities of active and reserve components, including details on training requirements and locations. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees direct the Secretary of Defense, not later than 

March 1, 2017, to provide the congressional defense committees 

with a briefing on the well drilling capabilities of active duty and 

reserve forces. The briefing should include a description of the 

training requirements of active and reserve units with well-drilling 

capabilities, the locations at which such units conduct training related to well-drilling, and the cost of feasibility of rotating training 

locations of such units to areas in the United States that are affected by drought conditions. 

Increase in funding for National Guard counter-drug programs 

The House amendment contained a provision (sec. 352) that 

would increase funding to support the National Guard counter-drug 

program by $30 million. 

The Senate bill contained no similar provision. 

The House recedes. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces 

End strength for active forces (sec. 401) 

The Senate bill contained a provision (sec. 401) that would authorize active-duty end strengths for fiscal year 2017 as follows: 

Army 460,000; Navy 322,900; Marine Corps 182,000; Air Force 

317,000. 

The House amendment contained a provision (sec. 401) that 

would authorize active-duty end strengths for fiscal year 2017 as 

follows: Army 480,000; Navy 324,615; Marine Corps 185,000; Air 

Force 321,000. 

The Senate recedes with an amendment that would authorize 

active-duty end strengths for fiscal year 2017 as follows: Army 

476,000; Navy 323,900; Marine Corps 185,000; Air Force 321,000. 

The committee recommends a provision that would authorize 

active-duty end strengths for fiscal year 2017, as shown below: 


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Service FY 2016 

Authorized 

FY 2017 Change from 

Request Recommendation FY 2017 

Request 

FY 2016 

Authorized 

Army .................................................. 475,000 460,000 476,000 +16,000 +1,000 

Navy ................................................... 329,200 322,900 323,900 +1,000 ¥5,300 

Marine Corps ..................................... 184,000 182,000 185,000 +3,000 +1,000 

Air Force ............................................ 320,715 317,000 321,000 +4,000 +285 

DOD Total ................................. 1,308,915 1,281,900 1,305,900 +24,000 ¥3,015 

Revisions in permanent active duty end strength minimum levels 

(sec. 402) 

The House amendment contained a provision (sec. 402) that 

would establish new minimum active-duty end strengths for the 

Army, Navy, Marine Corps, and Air Force as of September 30, 

2017. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Subtitle B—Reserve Forces 

End strengths for Selected Reserve (sec. 411) 

The Senate bill contained a provision (sec. 411) that would authorize the following end strengths for Selected Reserve personnel 

of the Armed Forces as of September 30, 2017: the Army National 

Guard, 335,000; the Army Reserve, 195,000; the Navy Reserve, 

58,000; the Marine Corps Reserve, 38,500; the Air National Guard 

of the United States, 105,700; the Air Force Reserve, 69,000; and 

the Coast Guard Reserve, 7,000. 

The House amendment contained a provision (sec. 411) that 

would authorize the following end strengths for Selected Reserve 

personnel of the Armed Forces as of September 30, 2017: the Army 

National Guard, 350,000; the Army Reserve, 205,000; the Navy Reserve, 58,000; the Marine Corps Reserve, 38,500; the Air National 

Guard of the United States, 105,700; the Air Force Reserve, 69,000; 

and the Coast Guard Reserve, 7,000. 

The Senate recedes with an amendment that would authorize 

the following end strengths for Selected Reserve personnel of the 

Armed Forces as of September 30, 2017: the Army National Guard, 

343,000; the Army Reserve, 199,000; the Navy Reserve, 58,000; the 

Marine Corps Reserve, 38,500; the Air National Guard of the 

United States, 105,700; the Air Force Reserve, 69,000; and the 

Coast Guard Reserve, 7,000. 

The committee recommends a provision that would authorize 

Selected Reserve end strengths for fiscal year 2017, as shown 

below: 

Service FY 2016 

Authorized 

FY 2017 Change from 

Request Recommendation FY 2017 

Request 

FY 2016 

Authorized 

Army National Guard ......................... 342,000 335,000 343,000 +8,000 +1,000 

Army Reserve ..................................... 198,000 195,000 199,000 +4,000 +1,000 

Navy Reserve ..................................... 57,400 58,000 58,000 0 +600 

Marine Corps Reserve ....................... 38,900 38,500 38,500 0 ¥400 

Air National Guard ............................ 105,500 105,700 105,700 0 +200 


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Service FY 2016 

Authorized 

FY 2017 Change from 

Request Recommendation FY 2017 

Request 

FY 2016 

Authorized 

Air Force Reserve .............................. 69,200 69,000 69,000 0 ¥200 

DOD Total ................................. 811,000 801,200 813,200 +12,000 +2,200 

Coast Guard Reserve ........................ 7,000 7,000 7,000 0 0 

End strengths for Reserves on active duty in support of the reserves 

(sec. 412) 

The Senate bill contained a provision (sec. 412) that would authorize the following end strengths for Reserves on Active Duty in 

support of the reserve components as of September 30, 2017: the 

Army National Guard of the United States, 30,155; the Army Reserve, 16,261; The Navy Reserve, 9,955; the Marine Corps Reserve, 

2,261; the Air National Guard of the United States, 14,764; and the 

Air Force Reserve, 2,955. 

The House amendment contained an identical provision (sec. 

412). 

The conference agreement includes this provision. 

End strength levels for the reserves on active duty in support 

of the reserves for fiscal year 2017 are set forth in the following 

table: 

Service FY 2016 

Authorized 

FY 2017 Change from 

Request Recommendation FY 2017 

Request 

FY 2016 

Authorized 

Army National Guard ......................... 30,770 30,155 30,155 0 ¥615 

Army Reserve ..................................... 16,261 16,261 16,261 0 0 

Navy Reserve ..................................... 9,934 9,955 9,955 0 +21 

Marine Corps Reserve ....................... 2,260 2,261 2,261 0 +1 

Air National Guard ............................ 14,748 14,764 14,764 0 +16 

Air Force Reserve .............................. 3,032 2,955 2,955 0 ¥77 

DOD Total ................................. 77,005 76,351 76,351 0 ¥654 

End strengths for military technicians (dual status) (sec. 413) 

The House amendment contained a provision (sec. 413) that 

would authorize the following end strengths for military technicians (dual status) as of September 30, 2017: the Army National 

Guard of the United States, 25,507; the Army Reserve, 7,570; the 

Air National Guard of the United States, 22,103; and the Air Force 

Reserve, 10,061. 

The Senate bill contained a similar provision (sec. 413) that 

would authorize variance from the end strengths described above 

in accordance with the variance authorities found in subsections 

(f)(1) and (g)(1)(B) of section 115 of title 10, United States Code. 

The House recedes. 

End strength levels for military technicians (dual status) for 

fiscal year 2017 are set forth in the following table: 

Service FY 2016 

Authorized 

FY 2017 Change from 

Request Recommendation FY 2017 

Request 

FY 2016 

Authorized 

Army National Guard ......................... 26,099 25,507 25,507 0 ¥592 

Army Reserve ..................................... 7,395 7,570 7,570 0 +175 


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Service FY 2016 

Authorized 

FY 2017 Change from 

Request Recommendation FY 2017 

Request 

FY 2016 

Authorized 

Air National Guard ............................ 22,104 22,103 22,103 0 ¥1 

Air Force Reserve .............................. 9,814 10,061 10,061 0 +247 

DOD Total ................................. 65,412 65,241 65,241 0 ¥171 

Fiscal year 2017 limitation on number of non-dual status technicians (sec. 414) 

The Senate bill contained a provision (sec. 414) that would authorize the following personnel limits for the reserve components of 

the Army and Air Force for non-dual status technicians as of September 30, 2017: the Army National Guard of the United States, 

1,600; the Air National Guard of the United States, 350; the Army 

Reserve, 595; and the Air Force Reserve, 90. 

The House amendment contained an identical provision (sec. 

414). 

The conference agreement includes this provision. 

End strength levels for the non-dual status technicians for fiscal year 2017 are set forth in the following table: 

Service FY 2016 

Authorized 

FY 2017 Change from 

Request Recommendation FY 2017 

Request 

FY 2016 

Authorized 

Army National Guard ......................... 1,600 1,600 1,600 0 0 

Air National Guard ............................ 350 350 350 0 0 

Army Reserve ..................................... 595 420 420 0 ¥175 

Air Force Reserve .............................. 90 90 90 0 0 

DOD Total ................................. 2,635 2,460 2,460 0 ¥175 

Maximum number of reserve personnel authorized to be on active 

duty for operational support (sec. 415) 

The Senate bill contained a provision (sec. 415) that would authorize the maximum number of reserve component personnel who 

may be on Active Duty or full-time National Guard duty under section 115(b) of title 10, United States Code, during fiscal year 2017 

to provide operational support. 

The House amendment contained an identical provision (sec. 

415). 

The conference agreement includes this provision. 

End strength levels for reserve personnel authorized to be on 

Active Duty for operational support for fiscal year 2017 are set 

forth in the following table: 

Service FY 2016 

Authorized 

FY 2017 Change from 

Request Recommendation FY 2017 

Request 

FY 2016 

Authorized 

Army National Guard ......................... 17,000 17,000 17,000 0 0 

Army Reserve ..................................... 13,000 13,000 13,000 0 0 

Navy Reserve ..................................... 6,200 6,200 6,200 0 0 

Marine Corps Reserve ....................... 3,000 3,000 3,000 0 0 

Air National Guard ............................ 16,000 16,000 16,000 0 0 

Air Force Reserve .............................. 14,000 14,000 14,000 0 0 


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Service FY 2016 

Authorized 

FY 2017 Change from 

Request Recommendation FY 2017 

Request 

FY 2016 

Authorized 

DOD Total ................................. 69,200 69,200 69,200 0 0 

Technical corrections to annual authorization for personnel 

strengths (sec. 416) 

The Senate bill contained a provision (sec. 416) that would 

make a technical correction to section 115 of title 10, United States 

Code. 

The House amendment contained an identical provision (sec. 

521). 

The conference agreement includes this provision. 

Subtitle C—Authorization of Appropriations 

Military personnel (sec. 421) 

The Senate bill contained a provision (sec. 421) that would authorize appropriations for military personnel at the levels identified 

in the funding table in section 4401 of this Act. 

The House amendment contained an identical provision (sec. 

421). 

The conference agreement includes this provision. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Sense of Congress on full-time support for the Army National Guard 

The House amendment contained a provision (sec. 416) that 

would express a sense of Congress that an adequately supported, 

full-time support force consisting of active and reserve personnel 

and military technicians for the Army National Guard is essential 

to maintaining the readiness of the Army National Guard. 

The Senate bill contained no similar provision. 

The House recedes. 

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy 

Reduction in number of general and flag officers on active duty and 

authorized end strength after December 31, 2022, of such general and flag officers (sec. 501) 

The Senate bill contained a provision (sec. 501) that would add 

a new section 525a to title 10, United States Code, to establish the 

authorized distribution of general and flag officers for the Army, 

Navy, Marine Corps, and Air Force and to require a 25 percent reduction in the number of general and flag officers in the military 

departments. The provision would also sunset the authorized distribution of general and flag officers in section 525 of title 10, after 

December 31, 2017. 

The amendment would add a new section 526a to title 10, 

United States Code, to limit the number of general and flag officers 

on Active Duty in the military departments and to exclude from 

those limits the specified number of general and flag officers servVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 01053 Fmt 6601 Sfmt 6601 E:\HR\OC\HR840.XXX HR840

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ing in joint duty assignments and to require a 25 percent reduction 

in the number of general and flag officers in the military departments and the joint pool. The provision would also sunset the authorized distribution of general and flag officers in section 526 of 

title 10, after December 31, 2017. 

The amendment would add a new section 12004a to title 10 

United States Code, to require a 25 percent reduction in the number of general and flag officers in active status in the reserve component, including general officers of the National Guard of the 

States and territories and general officers serving in the National 

Guard Bureau, but excluding officers serving as adjutants general 

or assistant adjutants general of a state. The provision would also 

sunset the authorized distribution of general and flag officers in 

section 12004 of title 10, after December 31, 2017. 

The House amendment included a provision (sec. 910) that 

would amend section 164(e) of title 10, United States Code, to 

specify that the grade of an officer serving as commander of a service or functional component command shall be no higher than lieutenant general or vice admiral. The provision would further require 

that the total number of officers in the grade of general or admiral 

on active duty be reduced by five positions, and to require a report 

to the congressional defense committees on the Department’s plan 

to implement those reductions. 

The House recedes with an amendment that would create a 

new section 526a of title 10, United States Code, to establish authorized end strength of general and flag officers, to reflect a reduction of 110 general and flag officers on active duty by not later than 

December 31, 2022, and to redistribute authorized general and flag 

officers across the military departments and the joint pool. 

The amendment would require the Secretary of Defense to conduct a study of general and flag officer requirements with a goal 

of identifying and justifying each general or flag officer position in 

terms of overall force structure, scope of responsibility, command 

and control requirements, and force readiness execution and to 

identify an additional 10 percent reduction in the number of general and flag officers above the reduction of 110 billets. The results 

of the study shall be submitted to the Committees on Armed Services of the Senate and the House of Representatives no later than 

April 1, 2017. If practicable, an interim report shall be submitted 

to the Committees on Armed Forces of the Senate and the House 

of Representatives on the progress of the completion of the study 

and recommendations for achieving the additional 10% reductions 

in the number of general and flag officer positions. 

The provision would also require the Secretary of Defense to 

submit to Congress with the budget for the Department of Defense 

for fiscal year 2019 a plan to achieve the reduction of 110 general 

and flag officers and the proposed distribution of authorized general and flag officer positions to achieve prescribed levels by December 31, 2022. Progress reports on implementing the required 

plan for reductions would be required with the budget of the Department of Defense for fiscal years 2020, 2021, and 2022. The provision would require the Secretary of Defense to revise applicable 

guidance of the Department of Defense on general and flag officer 

authorizations not later than 120 days after completion of the plan 


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to ensure that the reductions required under this provision are incorporated into the planning for executing promotions by the military departments, to ensure that resulting grades for general and 

flag officers are uniformly applied to positions of similar duties and 

responsibilities across the military departments and the joint pool, 

and that planning achieves a reduction in headquarters functions 

and administrative and support activities and staff of the Department of Defense and the military departments. 

The provision would provide for an orderly transition for officers recently assigned to positions that would be eliminated and to 

require notification to Congress for any affected officer who, by December 31, 2022, has not completed 24 months in a position to be 

eliminated who may be allowed to complete at least 24 months in 

such position. The provision would also require certification to accompany all nominations of officers to a grade above O–6, forwarded by the President to the Senate for appointment, by and 

with advice and consent of the Senate, that the appointment will 

not interfere with achieving the reduction of 110 general and flag 

officers required by the provision. 

The conferees note that despite two decades of Congressional 

concern the Department of Defense and the military departments 

have not demonstrated the willingness to implement even the reduction in the number of general and flag officer positions directed 

by the Secretary of Defense’s Track Four Efficiencies Initiatives decision of March 14, 2011. In the context of the Department of Defense’s continued requests to reduce military end strength, especially in the Army and the Marine Corps, reductions that Congress 

has cautiously considered and authorized, the time has come for 

the Department to rigorously evaluate and validate every general 

and flag officer position. The conferees believe that an additional 

10% reduction in the number of general and flag officer positions 

may be appropriate by downgrading or eliminating positions in addition to the 110 positions required to be eliminated under this provision are achieved. The conferees expect that the Department of 

Defense and the military departments will improve efficiency by 

eliminating bloated headquarters and staffs while preserving the 

necessary number and grades of positions for general and flag officers who are responsible to train and lead our Nation’s forces in 

battle and to bring them safely home again. The conferees expect 

that the leadership of the Department of Defense and the military 

departments will approach this effort with the seriousness of conviction that our men and women in uniform, and the American people deserve. 

Repeal of statutory specification of general or flag officer grade for 

various positions in the Armed Forces (sec. 502) 

The Senate bill contained a provision (sec. 502) that would 

amend or repeal various statutory specifications in title 10, United 

States Code, to remove the requirement that an officer serving 

must hold a specified general or flag officer grade for certain positions in the Armed Forces. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would remove the 

statutory general officer grade requirement associated with the 


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Surgeon General of the Navy and the Surgeon General of the Air 

Force to conform with the elimination of the grade requirements 

for the Surgeon General of the Army. The amendment would also 

remove the entitlement of the Assistant Judge Advocate Generals 

of the Navy to receive retired pay for the grade of rear admiral 

(lower half) unless the officer is authorized the pay under another 

provision of law. 

The conferees note that the provision would not affect the 

grade of an officer currently serving in the positions and would not 

prohibit the positions from being filled by an officer with the same, 

or a higher, or lower grade than the law currently requires. 

Number of Marine Corps general officers (sec. 503) 

The House amendment contained a provision (sec. 501) that 

would amend sections 525 and 526 of title 10, United States Code, 

to authorize an increase in the number of general officers in the 

grade above major general from 15 to 17, decrease the number of 

general officers in the grade of major general from 23 to 22, and 

increase the number of deputy commandants within the Marine 

Corps from 6 to 7. 

The Senate bill contained no similar provision. 

The Senate recedes. 

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. 504) 

The Senate bill contained a provision (sec. 506) that would 

amend section 629(c) of title 10, United States Code, to provide 

that the period for promotion eligibility of an officer would not expire during the period when the Senate is unable to obtain information necessary to give its advice and consent to the appointment 

concerned because the information is under control of a department 

or agency of the Federal Government other than the Department 

of Defense. 

The House amendment contained no similar provision. 

The House recedes. 

Continuation of certain officers on active duty without regard to requirement for retirement for years of service (sec. 505) 

The Senate bill contained a provision (sec. 509) that would 

amend chapter 36 of title 10, United States Code, to authorize service secretaries to allow officers in a grade above O–4 who are serving in military occupational specialties designated by the secretary 

to remain on Active Duty for up to 40 years of active service. 

The House amendment contained no similar provision. 

The House recedes. 

Equal consideration of officers for early retirement or discharge (sec. 

506) 

The House amendment contained a provision (sec. 502) that 

would amend section 638a of title 10, United States Code, to authorize the secretaries of the military departments to convene 

boards to consider officers for involuntary separation below the 


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grade of lieutenant colonel or commander as a single, consolidated 

year group without distinctions based on retirement eligibility and 

to align separation boards for such officers with the practices for 

promotion selection boards. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Modification of authority to drop from rolls a commissioned officer 

(sec. 507) 

The House amendment contained a provision (sec. 503) that 

would amend section 1161(b) of title 10, United States Code, to authorize the Secretary of Defense, or the Secretary of the department in which the Coast Guard is operating when it is not operating in the Navy, to drop from the rolls of any armed force any 

commissioned officer (1) who has been absent without authority for 

at least three months, (2) who may be separated under section 

1167 of title 10, United States Code, by reason of a sentence to confinement adjudged by a court-martial, or (3) who is sentenced to 

confinement in a Federal or State penitentiary or correctional institution after having been found guilty of an offense by a court other 

than a court-martial or other military court, and whose sentence 

has become final. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Extension of force management authorities allowing enhanced flexibility for officer personnel management (sec. 508) 

The Senate bill contained a provision (sec. 510) that would: 

(a) amend section 4403(i) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484) to extend Temporary Early Retirement Authority through December 31, 2025; 

(b) amend section 638a(a)(2) of title 10, United States 

Code, to extend through December 31, 2025 authority for service secretaries to manage authorized officer personnel strength 

by shortening the period of continuation of service by officers 

on Active Duty, to authorize involuntary early retirement for 

certain officers on Active Duty, and to consider officers for involuntary discharge who are not eligible for retirement; 

(c) amend section 1175a(k)(1) of title 10, United States 

Code to extend through December 31, 2025 authority to provide voluntary separation pay and benefits; and 

(d) amend section 1370(a)(2)(F) of title 10, United States 

Code to extend through fiscal year 2025, authority for early retirement of up to 4 percent of the authorized Active-Duty 

strength of officers in the grades of O–5 and O–6 without reduction in grade in each fiscal year. 

The House amendment contained no similar provision. 

The House recedes. 

Pilot programs on direct commissions to cyber positions (sec. 509) 

The House amendment contained a provision (sec. 1635) that 

would require the Secretaries of the Army and the Air Force to 


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carry out a pilot program to improve the ability of the Army and 

Air Force to recruit cyber professionals. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would authorize 

the secretaries of the military departments to conduct pilot programs to recruit and confer original appointments to qualified individuals as commissioned officers in a cyber specialty. Pilot programs established under this provision may commence on or after 

January 1, 2017, and shall terminate no later than December 31, 

2022. Each Secretary of a military department who conducts a pilot 

program under this provision shall provide a report to the Committees on Armed Services of the Senate and of the House of Representatives, not later than January 1, 2020, evaluating the success of the program in obtaining skilled cyber personnel for the 

Armed Forces. 

Length of joint duty assignments (sec. 510) 

The Senate bill contained a provision (sec. 507) that would 

amend section 664 of title 10, United States Code, to modify the 

qualifying period for joint duty assignments from 3 years to not 

less than 2 years. The proposal would repeal the average tour 

length requirement and repeal the authority for shorter tour 

lengths for officers initially assigned to critical occupational specialties. 

The House amendment contained a similar provision (sec. 912). 

The House recedes. 

Revision of definitions used for joint officer management (sec. 510A) 

The Senate bill contained a provision (sec. 508) that would 

amend section 668 of title 10, United States Code, to update the 

definitions of joint matters and joint duty assignment for the purpose of joint officer management. The provision would also repeal 

the definition of critical occupational specialty. 

The House amendment contained a similar provision (sec. 913). 

The Senate recedes. 

Subtitle B—Reserve Component Management 

Authority for temporary waiver of limitation on term of service of 

Vice Chief of the National Guard Bureau (sec. 511) 

The Senate bill contained a provision (sec. 521) that would 

amend section 10505(a)(4) of title 10, United States Code, to authorize the Secretary of Defense to extend the term of office of the 

Vice Chief of the National Guard Bureau for up to 90 days to provide for the orderly transition of officers appointed to the positions 

of the Chief and the Vice Chief of the National Guard Bureau. 

The House amendment contained no similar provision. 

The House recedes. 

Rights and protections available to military technicians (sec. 512) 

The Senate bill contained a provision (sec. 523) that would 

amend section 709 of title 32, United States Code, to clarify the 

employment rights and protections of military technicians. 

The House amendment contained no such provision. 


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The House recedes with an amendment that would clarify that 

military technicians, under certain conditions, may appeal adverse 

employment actions to the Merit Systems Protection Board and 

Equal Employment Opportunity Commission. 

Inapplicability of certain laws to National Guard technicians performing Active Guard and Reserve duty (sec. 513) 

The Senate bill contained a provision (sec. 525) that would 

amend section 709 of title 32, United States Code, to clarify that 

the provision that grants military leave to individuals appointed to 

the civil service does not apply to members of the Active Guard and 

Reserve, just as it does not apply to members on Active Duty. 

The House amendment contained no similar provision. 

The House recedes. 

Extension of removal of restrictions on the transfer of officers between the active and inactive National Guard (sec. 514) 

The House amendment contained a provision (sec. 511) that 

would extend through December 31, 2019, the temporary authority 

for the Secretary of the Army and Secretary of the Air Force to 

transfer officers of the Army and Air National Guard from the Selected Reserve to the inactive National Guard and from the inactive National guard to the Selected reserve. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Extension of temporary authority to use Air Force reserve component 

personnel to provide training and instruction regarding pilot 

training (sec. 515) 

The House amendment contained a provision (sec. 512) that 

would amend section 514(a)(1) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92) to extend for 1 

year the current temporary authority for the Air Force to allow no 

more than 50 Active Guard and Reserve (AGR) personnel and dual 

status military technicians to instruct and train Active Duty and 

members of foreign military forces in the United States, the Commonwealth of Puerto Rico, or possessions of the United States as 

a primary duty. 

The Senate bill contained no similar provision. 

The Senate recedes. 

The conferees expect the Air Force to devise a solution to this 

issue that does not include amending the underlying statutory authorities for AGRs and technicians. The conferees urge the Air 

Force to consider solutions as part of the ongoing duty status review. 

Expansion of eligibility for deputy commander of combatant command having United States among geographic area of responsibility to include officers of the Reserves (sec. 516) 

The Senate bill contained a provision (sec. 925) that would 

amend section 164 of title 10, United States Code, to require that 

at least one deputy commander of the combatant command of the 

geographic area of responsibility which includes the United States 

be a member of a reserve component of the Armed Forces, unless 


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a reserve component officer is serving as commander of that combatant command. 

The House amendment contained no similar provision. 

The House recedes. 

Subtitle C—General Service Authorities 

Matters relating to provision of leave for members of the Armed 

Forces, including prohibition on leave not expressly authorized 

by law (sec. 521) 

The Senate bill contained a provision (sec. 532) that would 

modify section 701 of title 10, United States Code, to authorize up 

to 12 weeks of leave to be allowed in the case of a servicemember 

who is the primary caregiver in the case of the birth of a child or 

the adoption of a child. In the case of leave taken following the 

birth of a child, the availability of primary caregiver leave would 

commence after completion of medical convalescent leave resulting 

from the birth of such child. The provision would also increase the 

amount of uncharged leave authorized for a secondary caregiver in 

the case of the birth of a child or the adoption of child. The provision would authorize 21 days of uncharged leave for a birth parent 

or an adoptive parent who is the secondary caregiver. The provision would repeal subsections of section 701 relating to spouse and 

adoption leave as obsolete. The provision would require the Secretary of Defense to prescribe in regulation definitions of eligible 

primary and secondary caregivers for the purposes of this benefit, 

and to establish regulations for requesting and approving uncharged leave associated with births to a military family, and with 

adoptions by a military family, and would allow a military member 

to accept a 1-week extension of a servicemember’s military service 

obligation for every week of such leave approved and taken. The 

implementing regulations would authorize the secretary concerned 

to waive service obligation extensions related to this leave as an incentive for re-enlistments. 

The provision would also create a new section 704a of title 10, 

United States Code, which would prohibit leave to be authorized, 

granted or assigned, including uncharged leave, unless expressly 

authorized by law. The committee considers this provision necessary to clarify that military leave is established by law and may 

not be created without express congressional authority. 

The House amendment contained a provision (sec. 529) that 

would amend chapter 40 of title 10, United States Code, by adding 

a new section 701a which would authorize 14 days of leave to a 

member of the Armed Forces who becomes a parent when that 

member’s spouse gives birth. The provision would also amend section 701 of title 10, United States Code, to authorize 36 days of 

leave, to be shared between two members of the Armed Forces who 

are married to each other and adopt a child. 

The House amendment contained a provision (sec. 522) that 

would amend section 701(i) of title 10, United States Code, to provide one servicemember up to 21 days of leave and another servicemember up to 14 days of leave for the adoption of a child for dualmilitary couples of the Armed Forces. 


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The House recedes with an amendment that would authorize 

up to 12 weeks of total leave, including up to six weeks of medical 

convalescent leave, to be used by a servicemember who is the primary caregiver in connection with the birth of a child. The provision would authorize additional medical convalescent leave when 

specifically recommended, in writing, by the medical provider of the 

servicemember to address a diagnosed medical condition and when 

approved by the servicemember’s commander. The provision would 

authorize up to six weeks of leave for the primary caregiver in the 

case of the adoption of a child, to be used in connection with the 

adoption. The provision would authorize up to 21 days of leave for 

the secondary caregiver in the case of the birth of a child or adoption. The provision would require the Secretary of Defense to prescribe in regulation definitions of eligible primary and secondary 

caregivers for the purposes of this benefit, and to establish regulations for requesting and approving uncharged leave associated with 

births to a military family, and with adoptions by a military family, 

and would allow a military member to accept a 1-week extension 

of a servicemember’s military service obligation for every week of 

such leave approved and taken. The implementing regulations 

would authorize the secretary concerned to waive service obligation 

extensions related to this leave as an incentive for re-enlistments. 

The provision would also create a new section 704a of title 10, 

United States Code, that would prohibit leave to be authorized, 

granted, or assigned, including uncharged leave, unless expressly 

authorized by law. 

Transfer of provision relating to expenses incurred in connection 

with leave canceled due to contingency operations (sec. 522) 

The Senate bill contained a provision (sec. 533) that would relocate the authority to reimburse members of the Armed Forces for 

expenses incurred in connection with leave cancelled due to contingency operations from section 453 of title 37, United States Code, 

to title 10, United States Code. 

The House amendment contained no similar provision. 

The House recedes. 

Expansion of authority to execute certain military instruments (sec. 

523) 

The Senate bill contained a provision (sec. 552) that would 

amend section 1044d of title 10, United States Code, to authorize 

a person authorized to act as a notary under section 1044a of title 

10, United States Code, or a state-licensed notary employed by a 

military department or the Coast Guard, who is supervised by a 

military legal assistance counsel, to notarize military testamentary 

instruments. The provision would also amend section 1044a(b) to 

authorize all civilian paralegals serving at military legal assistance 

offices, supervised by a military legal assistance counsel, to act as 

a notary. 

The House amendment contained a similar provision (sec. 524). 

The House recedes with a technical amendment. 


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Medical examination before administrative separation for members 

with post-traumatic stress disorder or traumatic brain injury in 

connection with sexual assault (sec. 524) 

The Senate bill contained a provision (sec. 554) that would 

amend section 1177(a)(1) of title 10, United States Code, to require 

that a member of the Armed Forces who was sexually assaulted 

within 24 months prior to a proposed administrative separation 

under conditions other than honorable, including an administrative 

separation in lieu of court-martial, and who is diagnosed with posttraumatic stress disorder or traumatic brain injury by a physician, 

clinical psychologist, psychiatrist, licensed clinical social worker, or 

psychiatric advanced practice registered nurse as experiencing 

post-traumatic stress disorder or traumatic brain injury or who 

otherwise reasonably alleges, based on the service of the member 

sexually assaulted, the influence of such a condition, may not be 

separated until the results of the medical examination have been 

reviewed by appropriate authorities responsible for evaluating, reviewing, and approving the separation case, as determined by the 

Secretary concerned. 

The House amendment contained no similar provision. 

The House recedes. 

Reduction of tenure on the temporary disability retired list (sec. 525) 

The Senate bill contained a provision (sec. 534) that would 

amend section 1210 of title 10, United States Code, to reduce the 

maximum tenure for servicemembers placed on the Temporary Disability Retired List (TDRL), due to an injury or illness eligible for 

disability retirement, from 5 years to 3 years. The committee notes 

that this provision addresses a recommendation from the Government Accountability Office in 2009 for Congress to shorten the 

maximum tenure for placement on the TDRL. 

The House amendment contained no similar provision. 

The House recedes. 

Technical correction to voluntary separation pay and benefits (sec. 

526) 

The House amendment contained a provision (sec. 525) that 

would amend section 1175a of title 10, United States Code, by updating the references to section 502(f) of title 32, United States 

Code, and the list of involuntary mobilization authorities. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Consolidation of Army marketing and pilot program on consolidated Army recruiting (sec. 527) 

The Senate bill contained a provision (sec. 1092) that would require the Secretary of the Army to consolidate within the Army 

Marketing Research Group all functions relating to the marketing 

of the Army and each of the components of the Army in order to 

assure unity of effort and cost effectiveness in the marketing of the 

Army and each of the components of the Army. 

The House amendment contained a related provision (sec. 527) 

that would require the Secretary of the Army to establish a pilot 

program to consolidate the recruiting efforts of the Regular Army, 


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Army Reserve, and Army National Guard under which a recruiter 

in one of the components participating in the pilot program may recruit individuals to enlist in any of the components regardless of 

the funding source of the recruiting activity. 

The Senate recedes with a clarifying amendment that would 

combine both provisions. 

Subtitle D—Member Whistleblower Protections and Correction of 

Military Records 

Improvements to whistleblower protection procedures (sec. 531) 

The Senate bill contained a provision (sec. 961) that would 

make numerous amendments to section 1034 of title 10, United 

States Code, to clarify and expand the types of adverse personnel 

actions prohibited under the military whistleblower protection program, to include retaliatory investigations and failures of superiors 

to respond to retaliatory actions in certain circumstances, as prohibited personnel actions reviewable under that statute. The provision would also require inspectors general (IG) to notify the secretary concerned if, during the IG’s preliminary investigation, the 

IG determined there were reasonable grounds to believe that a prohibited personnel action occurred, and that the action would result 

in an immediate hardship to the service member, and would authorize the secretary concerned to take action, as appropriate, in 

such cases. The provision would require an IG to provide periodic 

updates to whistleblowers on the progress of investigations, to include an estimate of the time remaining until an investigation was 

complete. Finally, the provision would require the Department of 

Defense Inspector General, within 1 year of enactment of this Act, 

to prescribe uniform standards for the conduct of military whistleblower investigations and for the training of staffs conducting such 

investigations. 

The House amendment contained no similar provision. 

The House recedes with a clarifying amendment. 

Modification of whistleblower protection authorities to restrict contrary findings of prohibited personnel action by the Secretary 

concerned (sec. 532) 

The Senate bill contained a provision (sec. 962) that would 

amend section 1034 of title 10, United States Code, to clarify that 

when the secretary of the military department concerned receives 

a report from an inspector general that substantiates that a prohibited personnel action occurred, the secretary may consider whether 

to take corrective action but may not make a determination in such 

cases that a prohibited personnel action did not occur. 

The House amendment contained no similar provision. 

The House recedes. 

Availability of certain correction of military records and discharge 

review board information through the Internet (sec. 533) 

The Senate bill contained a provision (sec. 536) that would 

amend section 1552 of title 10, United States Code, to require that 

a board convened to consider a claim for correction of military 

records by a former servicemember (1) who had been deployed in 


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support of contingency operation and who was subsequently diagnosed as experiencing post-traumatic stress disorder (PTSD) or 

traumatic brain injury (TBI), or (2) who was diagnosed while serving in the military as experiencing a mental health disorder include a clinical psychologist or psychiatrist, or a physician with 

training on mental health issues connected with PTSD or TBI. The 

proposal would require the military department concerned, or the 

Department of Homeland Security, to make available to the public 

on an Internet website information regarding claims considered by 

the service board for correction of military records in a calendar 

quarter. 

The Senate bill would also modify section 1553 of title 10, 

United States Code, to require similar information be made available to the public on an Internet website information regarding 

claims considered by the service discharge review boards in a calendar quarter. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would remove the 

requirement that boards for correction of military records considering dismissal or discharge of an individual who was diagnosed 

while serving in the military as experiencing a mental health disorder include a clinical psychologist or psychiatrist, or a physician 

with training on mental health issues connected with PTSD or TBI, 

and would modify the information required to be made available to 

the public on an Internet website. 

The conferees note that section 1552(g) of title 10, United 

States Code, already requires that any medical advisory opinion 

issued with respect to a member or former member of the armed 

forces who was diagnosed while serving in the armed forces as experiencing a mental health disorder shall include the opinion of a 

clinical psychologist or psychiatrist if the request for correction of 

records concerned relates to a mental health disorder. 

Improvements to authorities and procedures for the correction of 

military records (sec. 534) 

The Senate bill contained a provision (sec. 963) that would 

amend section 1552(a) of title 10, United States Code, to require 

that boards for correction of military records (BCMRs) notify claimants of what specific information or documents are needed to make 

their claim reviewable by the board, if such information or documents are missing, and would require the BCMR to make reasonable efforts to obtain missing records when they cannot be obtained 

by a claimant. The provision would require the BCMR to consider 

any request for reconsideration of a determination of a BCMR 

when new information is provided by a claimant, not previously 

considered. The provision would reaffirm that claimants may seek 

judicial review of BCMR decisions, and would require BCMRs to 

publish final decisions with personally identifiable information redacted. The provision would require each secretary concerned to develop, within 1 year of enactment of this Act, a comprehensive 

training curriculum for members of BCMRs, and would require the 

Secretary of Defense and Secretary of Homeland Security to ensure 

such curricula are uniform. Finally, the provision would require 

each secretary concerned to submit to Congress within 18 months 


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of enactment a report setting forth the training curriculum established under this section. 

The House amendment contained no similar provision. 

The House recedes with an amendment that does not include 

the provision on judicial review of BCMR decisions. 

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. 535) 

The Senate bill contained a provision (sec. 536A) that would 

amend section 1553(d) of title 10, United States Code, to require 

discharge review boards to review medical evidence of the Secretary of Veterans Affairs or a civilian health care provider presented by a former member of the Armed Forces, and to grant liberal consideration to claims by a former member of the Armed 

Forces that post-traumatic stress disorder or traumatic brain injury potentially contributed to the circumstances resulting in a less 

favorable characterization of discharge. An application for relief 

that may be reviewed under this provision includes matters relating to post-traumatic stress disorder or traumatic brain injury related to combat or military sexual trauma, as determined by the 

Secretary concerned. 

The House amendment contained no similar provision. 

The House recedes. 

Comptroller General of the United States review of integrity of Department of Defense whistleblower program (sec. 536) 

The Senate bill contained a provision (sec. 964) that would require the Comptroller General of the United States to conduct an 

assessment of the integrity of the Department of Defense (DOD) 

whistleblower program, to include an assessment of the extent to 

which the DOD whistleblower program meets executive branch 

policies and goals for whistleblower protections, the adequacy of 

procedures to address whistleblower complaints submitted by employees of the Office of the Inspector General of the Department of 

Defense (OIG), the extent to which there have been violations of 

confidentiality standards, the extent to which there have been retaliatory investigations within OIG, the extent to which whistleblower complaints against Senate-confirmed civilian officials of 

DOD have been substantiated and reported to Congress in the past 

10 years, and the ability of the inspectors general of DOD and the 

military services to access agency information necessary to the execution of their duties, including classified and other sensitive information, and of the adequacy of security procedures to safeguard 

such information. The provision would require the Comptroller 

General to report to the Committees on Armed Services of the Senate and House of Representatives within 1 year of enactment of 

this Act on the results of this review. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would require the 

Comptroller General to submit the report within 18 months from 

enactment of this Act. 


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Subtitle E—Military Justice and Legal Assistance Matters 

United States Court of Appeals for the Armed Forces (sec. 541) 

The Senate bill contained a provision (sec. 553) that would 

amend sections 942 and 936 of title 10, United States Code (Articles 142 and 136 of the Uniform Code of Military Justice) to modify 

the terms of two civilian judges of the United States Court of Appeals for the Armed Forces (‘‘the court’’) to avoid disruption that 

may occur to the operations of the court when two judicial vacancies occur simultaneously. The provision would modify the daily 

rate of compensation for senior judges performing judicial duties 

with the court so that they would be paid the difference between 

the pay of a judge of the court and their federal retired pay, consistent with the process employed by the United States Court of 

Appeals for the District of Columbia and the United States Bankruptcy Courts. The provision would authorize the judges of the 

court to administer oaths in a similar manner as other federal 

judges. The provision would repeal the provision in article 142(b)(3) 

that precludes more than three judges of the court from being from 

the same political party. 

The House amendment contained no similar provision. 

The House recedes with technical and clarifying amendments. 

Effective prosecution and defense in courts-martial and pilot programs on professional military justice development for judge 

advocates (sec. 542) 

The Senate bill contained a provision (sec. 548) that would require the service secretaries to carry out a program to ensure that 

trial and defense counsel detailed to prosecute or defend a courtmartial have sufficient experience and knowledge to effectively 

prosecute or defend the case, or that there is adequate supervision 

and oversight of the trial counsel and the defense counsel to ensure 

effective prosecution and defense in the court-martial. The provision would also require service secretaries to establish and use a 

system of skill identifiers to identify judge advocates with skill and 

experience in military justice proceedings to identify judge advocates to provide supervision and oversight of less experienced judge 

advocates prosecuting and defending in military courts-martial. 

The Senate bill also contained a provision (sec. 549) that would 

require the secretary of each military department to conduct a 5 

year pilot program to assess the feasibility and advisability of a career military justice litigation track for judge advocates in the 

Armed Forces. The pilot programs would include a military justice 

career track that leads to senior judge advocates with military justice expertise in prosecuting and defending complex cases in military courts-martial. The provision would use authority provided 

elsewhere in this Act to suspend limitations on the number of certain senior commissioned officers on active duty, under section 

532(a) of title 10, United States Code. The provision would require 

the use of skill identifiers to identify judge advocates participating 

in the pilot programs. The provision would also require promotion 

boards to give the same opportunity for promotion as all other 

judge advocates being considered for promotion. The provision 

would require the Secretary of Defense to submit reports on the 


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pilot programs not later than 4 years after the date of enactment 

of this Act. 

The House amendment contained a provision (sec. 547) that 

would require the secretary of each military department to establish a career military justice litigation track for judge advocates. 

The military justice career litigation track would provide for assignment and advancement of qualified judge advocates to serve in 

specified billets in military justice trial and defense counsel, as 

military trial and appellate judges, military justice instructors, positions in the criminal law offices or divisions of the Armed Forces, 

Special Victims Prosecutors, Victims’ Legal Counsel, Special Victims’ Counsel, and other positions as the secretary of the military 

department shall specify. The provision would prohibit a judge advocate participating in the military justice litigation career track 

from serving more than four years of duty outside of the litigation 

track. The provision would prohibit any adverse assessment of a 

judge advocate by reason of participating in the litigation track. 

The provision would require the secretary of each military department to implement the career litigation track not later than 18 

months after enactment. It would require a report from the secretaries of the military departments to the Committees on Armed 

Services of the Senate and the House of Representatives on the 

progress in implementing the career litigation track. 

The House receded with an amendment that would require the 

service secretaries to establish programs for deliberate professional 

developmental programs to ensure effective prosecution and defense in all courts-martial. The amendment requires the service 

secretaries to establish and use a system of military justice experience designators or skill identifiers. The amendment requires the 

service secretaries to carry out a pilot program to assess the feasibility and advisability of establishing a deliberate professional development process for judge advocates that leads to military justice 

practitioners capable of prosecuting and defending complex cases in 

military courts-martial. Pilot programs established under this provision would be for a period of five years. Not later than four years 

after the date of enactment of this Act, the secretaries concerned 

shall submit a report to the Committees on Armed Services of the 

Senate and of the House of Representatives providing a description 

and assessment of the pilot programs and providing such recommendations as the secretary considers appropriate. 

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. 543) 

The Senate bill contained a provision (sec. 543) that would 

amend section 1631(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 1561 note) to require 

the annual report on sexual assault and response efforts to include 

information on complaints of retaliation in connection with reports 

of sexual assault in the Armed Forces. 

The House amendment contained no similar provision. 

The House recedes. 


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Extension of the requirement for annual report regarding sexual assaults and coordination with release of Family Advocacy Program report (sec. 544) 

The Senate bill contained a provision (sec. 551) that would 

amend section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383) that would extend the requirement for the annual report on sexual assault in the 

military under that section through February, 2025, and require 

the reports to be submitted to the Committees on Armed Services 

of the Senate and the House of Representatives not later than 

March 31 each year. The provision would also clarify the scope of 

sexual assaults covered by the report to include all reported sexual 

assaults, regardless of the age of the offender or victim or the relationship status between the offender and victim, including, at a 

minimum, all sexual assault reports received by the Sexual Assault 

Prevention and Response Program, or equivalent, and the Family 

Advocacy Program, or equivalent, of each Armed Force. 

The House amendment contained a provision (sec. 542) that 

would extend the requirement for the annual report through January 31, 2021. The provision would also require release of the report 

to coincide with the release of the Family Advocacy Program report, as required elsewhere in this Act. 

The Senate recedes with an amendment that would establish 

the date by which the annual report would be provided to be not 

later than April 30th. 

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 (sec. 545) 

The Senate bill contained a provision (sec. 544) that would require the Sexual Assault Prevention and Response Office of the Department of Defense to establish and issue metrics to be used by 

the military departments to evaluate the efforts of the Armed 

Forces to prevent and respond to retaliation in connection with reports of sexual assault in the Armed Forces. 

The House amendment contained no similar provision. 

The House recedes. 

Training for Department of Defense personnel who investigate 

claims of retaliation (sec. 546) 

The Senate bill contained a provision (sec. 542) that would require the Secretary of Defense to prescribe training to individuals 

in the Department of Defense who investigate claims of retaliation 

on the nature and consequences of retaliation and, in cases involving reports of sexual assault, the nature and consequences of sexual assault trauma. 

The House amendment contained a similar provision (sec. 546). 

The House recedes with a clarifying amendment. 

Notification to complainants of resolution of investigations into retaliation (sec. 547) 

The Senate bill contained a provision (sec. 541) that would require the Secretary of Defense to prescribe regulations that would 

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plaint by a member of the Armed Forces be reported to the member 

who initiated the complaint. The report would inform the member 

whether the complaint was substantiated, unsubstantiated, or dismissed. The provision would also require the Secretary of Homeland Security to prescribe similar regulations to report on retaliation complaints by a member of the Coast Guard. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would require 

that the results of the investigation be reported in writing to the 

member who initiated the complaint. 

Modification of definition of sexual harassment for purposes of investigations by commanding officers of complaints of harassment (sec. 548) 

The Senate bill contained a provision (sec. 550) that would 

amend section 1561(i) of title 10, United States Code, to modify the 

definition of sexual harassment. The committee is concerned that 

the existing definition of sexual harassment has caused the military services to consider sexual harassment as a violation of equal 

opportunity policy instead of an adverse behavior that data have 

demonstrated is on the spectrum of behavior that can contribute to 

an increase in the incidence of sexual assault. 

The House amendment contained no similar provision. 

The House recedes with a technical amendment that would 

clarify that the provision would amend section 1561(e) of title 10, 

United States Code. 

Improved Department of Defense prevention and response to hazing 

in the Armed Forces (sec. 549) 

The House amendment contained a provision (sec. 544) that 

would require the Secretary of Defense to establish a system for 

collection of reports of hazing involving a member of the Armed 

Forces. The provision would also require the secretaries of the military departments, in consultation with the Chief of Staff of each 

armed force, to improve training to assist members to better recognize, prevent, and respond to hazing. The amendment would also 

require an annual survey on hazing and annual reports on hazing 

that include a description of efforts to prevent and respond to hazing incidents, to track and encourage reporting hazing incidents, 

and to ensure consistent implementation of anti-hazing policies. 

The reports required under this section would also address elements prescribed for anti-hazing reports in section 534 of the national Defense Authorization Act for Fiscal Year 2013 (P.L. 112– 

239). 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would remove the 

requirement that service secretaries conduct an annual survey on 

hazing. 

The conferees are concerned that the extent of hazing incidents 

in the armed forces is not fully known. Therefore, the conferees direct that the Department of Defense include questions in existing 

surveys of members of the Armed Forces to assist in determining 

the prevalence of hazing incidents in the Armed Forces, to assess 

the effectiveness of training in recognizing and preventing hazing, 


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and to determine the extent to which members of the Armed Forces 

are aware of options to report hazing incidents, including anonymous report options. 

Subtitle F—National Commission on Military, National, and Public 

Service 

Purpose, scope, and definitions (sec. 551) 

The Senate bill contained a series of provisions (sec. 1066– 

1073) that would create an independent National Commission on 

Military, National, and Public Service, including a provision (sec. 

1066) to establish the purpose and scope of this Commission to consider: (1) the need for a military selective service process, including 

a continuing need for a mechanism to draft large numbers of replacement combat troops; (2) the means by which to foster a greater attitude and ethos of service among United States youth, including an increased propensity for military service; (3) the feasibility 

of modifying the military selective service process to obtain for 

military, national, and public service individuals with skills for 

which the Nation has a critical need, without regard to age or gender; and (4) the feasibility of including in the military selective 

service process, as so modified, an eligibility for one or more Federal benefits to incentivize the necessary education, training, and 

service to fulfill such critical needs. 

The House amendment contained no similar provision. 

The House recedes. 

Preliminary report on purpose and utility of registration system 

under Military Selective Service Act (sec. 552) 

The House amendment contained a provision (sec. 528) that 

would require the Secretary of Defense to submit, not later than 

July 1, 2017, a report to the Committees on Armed Services of the 

Senate and the House of Representatives, on the current and future need for a centralized registration system under the Military 

Selective Service Act, chapter 49 of title 50, United States Code, 

and provide a briefing on the results of the report not later than 

July 1, 2017. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would require the 

report to also be provided to the National Commission on Military, 

National, and Public Service created under this Act. 

National Commission on Military, National, and Public Service 

(sec. 553) 

The Senate bill contained a provision (sec. 1067) that would establish the National Commission on Military, National, and Public 

Service as an independent commission. The provision would prescribe the manner and timing in which the Commission would be 

appointed, its composition, pay rates for members and staff, and 

would provide sundry other authorities attending to the operation 

of the Commission as an independent entity. 

The Senate bill contained a provision (sec. 1073) that would require that of the amounts authorized to be appropriated for the Department of Defense for fiscal year 2017, $15.0 million be available 


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to the National Commission on Military, National, and Public Service until expended to carry out its duties under this subtitle. 

The House amendment contained no similar provisions. 

The House recedes. 

Commission hearings and meetings (sec. 554) 

The Senate bill contained a provision (sec. 1068) that would require the National Commission on Military, National, and Public 

Service to conduct public hearings (except classified hearings) on 

recommendations under consideration, and that such hearings be 

noticed on a public website at least 14 days in advance. The provision would require the Commission to hold its first meeting within 

30 days after all members have been appointment. 

The House amendment contained no similar provision. 

The House recedes. 

Principles and procedure for Commission recommendations (sec. 

555) 

The Senate bill contained a provision (sec. 1069) that would require the President, within 3 months after the establishment date 

of the National Commission on Military, National, and Public Service, to establish and transmit to the Commission and Congress 

principles for reform of the military selective service process, including the means by which to best acquire skills to meet the military, national, and public service requirements of the country. The 

provision would require these Presidential principles to address: (1) 

whether, in light of the current global security environment, there 

continues to be a need for a selective service process designed to 

produce large quantities of combat troops, and if so, whether that 

system should include mandatory registration by citizens and residents regardless of gender; (2) the need, and how best to meet the 

need, of the Nation, the military, the Federal civilian sector, and 

the private sector (including the non-profit sector) for individuals 

possessing certain critical skills and abilities, and how to best employ individuals with those skills and abilities; (3) how to foster 

within the nation, particularly among the nation’s youth, an increased sense of service and civic responsibility to enhance the acquisition of critically needed skills through education and training, 

and how best to acquire those skills for military, national, and public service; (4) how to increase propensity among the nation’s youth 

for service in the military, or alternatively in national or public 

service, including how to increase the pool of qualified applicants 

for military service; (5) the need in government to increase interest, 

education, and employment in certain critical fields, including particularly science, technology, engineering, and mathematics, national security, cyber, linguistics and foreign language, education, 

health care, and the medical professions; and (6) how military national, and public service may be incentivized, including through 

educational benefits, grants, Federally-insured loans, Federal or 

State hiring preferences, or other mechanisms the President considers appropriate. The provision would require certain cabinet officials and other officials or experts to transmit to the Commission 

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tive service process, and military, national, and public service in 

connection with that process. 

The Senate bill contained a provision (sec. 1071) that would 

preclude the actions of the President, cabinet officials and other individuals required to provide recommendations under this subtitle, 

and the Commission on Military, National, and Public Service from 

judicial review of their actions taken under this subtitle. 

The House amendment contained no similar provisions. 

The House recedes. 

Executive Director and staff (sec. 556) 

The Senate bill contained a provision (sec. 1070) that would 

authorize the National Commission on Military, National, and Public Service to appoint, and fix the rate of pay of, an Executive Director and staff. The provision would limit detailees from Executive 

Branch agencies to no more than one-third of the personnel employed by the Commission, and would prohibit the detail of executive branch employees to the Commission who in the year prior to 

the detail were substantially involved with the development of recommendations provided to the Commission. 

The House amendment contained no similar provision. 

The House recedes. 

Termination of Commission (sec. 557) 

The Senate bill contained a provision (sec. 1072) that would 

provide for the termination of the National Commission on Military, National, and Public Service no later than 36 months after 

the Commission establishment date. 

The House amendment contained no similar provision. 

The House recedes. 

Subtitle G—Member Education, Training, Resilience, and 

Transition 

Modification of program to assist members of the Armed Forces in 

obtaining professional credentials (sec. 561) 

The Senate bill contained a provision (sec. 562) that would 

amend section 2015 of title 10, United States Code, to include within the program to assist members in obtaining professional credentials those credentials that were acquired during military service 

but which were not necessarily obtained incident to the performance of their military duties. The provision would also eliminate 

the requirement that credentialing programs be accredited by third 

party accreditation bodies, and instead would require that 

credentialing programs meet certain other quality assurance benchmarks. 

The House amendment contained a similar provision (sec. 561). 

The House recedes with a technical amendment. 

Inclusion of alcohol, prescription drug, opioid, and other substance 

abuse counseling as part of required preseparation counseling 

(sec. 562) 

The House amendment contained a provision (sec. 569) that 

would amend section 1142(b)(11) of title 10, United States Code, to 


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include alcohol, prescription drug, opioid, and other substance 

abuse counseling as part of required preseparation counseling. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Inclusion of information in Transition Assistance Program regarding effect of receipt of both veteran disability compensation and 

voluntary separation pay (sec. 563) 

The House amendment contained a provision (sec. 569A) that 

would amend section 1144(b) of title 10, United States Code, to require information be provided in the course of the Transition Assistance Program regarding the required deduction of disability 

compensation paid by the Secretary of Veterans Affairs by the 

amount of voluntary separation pay received by the member. 

The Senate bill contained no similar provision. 

The Senate recedes with a technical amendment. 

Training under Transition Assistance Program on employment opportunities associated with transportation security cards (sec. 

564) 

The House amendment contained a provision (sec. 3511) that 

would require the Transition Assistance Program to provide information on career opportunities for employment available to members with transportation security cards issued under section 70105 

of title 46, United States Code, within 180 days after the date of 

enactment. 

The Senate bill contained no similar provision. 

The Senate recedes with a technical amendment. 

Extension of suicide prevention and resilience program (sec. 565) 

The Senate bill contained a provision (sec. 524) that would 

amend section 10219(g) of title 10, United States Code, to extend 

the authority for suicide prevention and resilience programs for the 

National Guard and Reserves until October 1, 2022. 

The House amendment contained a provision (sec. 599G) that 

would amend section 10219(g) of title 10, United States Code, to 

extend the authority for suicide prevention and resilience programs 

for the National Guard and Reserves until October 1, 2018. 

The Senate recedes. 

Congressional notification in advance of appointments to service 

academies (sec. 566) 

The House amendment contained a provision (sec. 569C) that 

would amend sections 4342, 6954, and 9342 of title 10, United 

States Code, and section 51302 of title 46, United States Code, to 

require the United States Military Academy, the United States 

Naval Academy, the United States Air Force Academy, and the 

United States Merchant Marine Academy to notify a Senator, Representative, or Delegate of the appointment of a cadet or midshipman nominated by that member of Congress at least 48 hours 

in advance of the official notification or announcement of the appointment. The advance notification requirement would be effective 

for classes entering these service academies after January 1, 2018. 

The Senate bill contained no similar provision. 


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The Senate recedes. 

Report and guidance regarding Job Training, Employment Skills 

Training, Apprenticeships, and Internships and SkillBridge initiatives for members of the Armed Forces who are being separated (sec. 567) 

The House amendment contained a provision (sec. 569B) that 

would require the Under Secretary of Defense for Personnel and 

Readiness to submit to the Committees on Armed Services of the 

Senate and the House of Representatives a detailed report evaluating the success of the Job Training, Employment Skills Training, 

Apprenticeships, and Internships (known as JTEST–AI) and 

SkillBridge initiatives. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would extend the 

completion date for the report from 90 days to 180 days and narrow the scope of the report. 

Military-to-mariner transition (sec. 568) 

The House amendment contained a provision (sec. 563) that 

would require a report from the Secretary of Defense and the Secretary of Homeland Security to the Committees on Armed Services 

of the Senate and House of Representatives, the Committee on 

Transportation and Infrastructure of the House of Representatives, 

and the Committee on Commerce, Science, and Transportation of 

the Senate on the efforts to ensure military service, training and 

qualifications are creditable towards merchant marine licenses and 

certifications. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Subtitle H—Defense Dependents’ Education and Military Family 

Readiness Matters 

Continuation of authority to assist local educational agencies that 

benefit dependents of members of the Armed Forces and Department of Defense civilian employees (sec. 571) 

The Senate bill contained a provision (sec. 571) that would authorize $25.0 million in Operation and Maintenance, Defense-wide, 

for continuation of the Department of Defense (DOD) assistance 

program to local educational agencies impacted by enrollment of 

dependent children of military members and DOD civilian employees. 

The Senate bill also contained a provision (sec. 572) that would 

authorize $5.0 million in Operation and Maintenance, Defensewide, for impact aid payments for children with disabilities (as enacted by Public Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 

7703a) using the formula set forth in section 363 of the Floyd D. 

Spence National Defense Authorization Act for Fiscal Year 2001 

(Public Law 106–398), for continuation of Department of Defense 

assistance to local educational agencies that benefit eligible dependents with severe disabilities. 

The House amendment contained a provision (sec. 571) that 

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fense-wide, for continuation of the DOD assistance program to local 

educational agencies impacted by enrollment of dependent children 

of military members and DOD civilian employees. 

The Senate recedes with an amendment that would authorize 

$30.0 million in supplemental impact aid, and $5.0 million for impact aid for children with severe disabilities. 

One-year extension of authorities relating to the transition and support of military dependent students to local educational agencies (sec. 572) 

The Senate bill contained a provision (sec. 574) that would 

amend section 547(c)(3) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (20 U.S.C. 7703b note) to extend the authorities relating to transition and support of military 

dependent students to local educational agencies from September 

30, 2016, to September 30, 2017. The provision would also require 

the administration to submit detailed budget justification information with any annual budget request that includes a request for the 

future extension of these authorities. 

The House amendment contained no similar provision. 

The House recedes with a technical amendment to correct the 

statutory citation of the amended section. 

Annual notice to members of the Armed Forces regarding child custody protections guaranteed by the Servicemembers Civil Relief 

Act (sec. 573) 

The House amendment contained a provision (sec. 526) that 

would require the secretaries of the military departments to ensure 

that each member of the Armed Forces with dependents receives 

annually, and prior to each deployment, notice of the child custody 

protections afforded to members of the Armed Forces under the 

Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.). 

The Senate bill contained no similar provision. 

The Senate recedes. 

Requirement for annual Family Advocacy Program report regarding 

child abuse and domestic violence (sec. 574) 

The House amendment contained a provision (sec. 543) that 

would require the Secretary of Defense to provide to the Committees on Armed Services of the Senate and of the House of Representatives an annual report, beginning not later than January 

31, 2017 and continuing through January 31, 2012, on the child 

abuse and domestic abuse incident data contained in the Department of Defense Family Advocacy Program central registry for the 

previous year, and an analysis of the effectiveness of the Family 

Advocacy Program. 

The Senate bill amendment contained no similar provision. 

The Senate recedes with an amendment that would establish 

the date by which the annual report would be provided to be not 

later than April 30, 2017, and annually thereafter through April 

30, 2021. 


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Reporting on allegations of child abuse in military families and 

homes (sec. 575) 

The Senate bill contained a provision (sec. 577) that would require the Secretary of Defense and the Secretary of Homeland Security to prescribe regulations to ensure that the family advocacy 

program office at a military installation to which a member of the 

Armed Forces is assigned is provided an immediate report of credible information obtained by any individual in the chain of command of the servicemember, that a child in the family or home of 

the servicemember has suffered an incident of child abuse. The provision would require a similar report by any member of the Armed 

Forces in a profession described by subsection 226(b) of the Victims 

of Child Abuse Act of 1990 (42 U.S.C. 13031) who has reason to 

suspect that a child in the family or home of a servicemember has 

suffered an incident of child abuse. 

The House amendment contained a similar provision (sec. 541). 

The House recedes with a technical amendment. 

Repeal of Advisory Council on Dependents’ Education (sec. 576) 

The Senate bill contained a provision (sec. 581) that would repeal section 1411 of the Defense Dependents’ Education Act of 1978 

to abolish the Advisory Council on Dependents’ Education. 

The House amendment contained no similar provision. 

The House recedes. 

Support for programs providing camp experience for children of 

military families (sec. 577) 

The Senate bill contained a provision (sec. 579) that would authorize the Secretary of Defense to provide financial or non-monetary support to qualified non-profit organizations to assist those organizations in carrying out programs to support attendance at a 

camp or camp-like setting for children of military families. 

The House amendment contained a similar provision (sec. 572). 

The Senate recedes with an amendment that would remove the 

requirement that the Secretary accord a preference in the approval 

of applications submitted by certain organizations. 

Comptroller General of the United States assessment and report on 

Exceptional Family Member Programs (sec. 578) 

The Senate bill contained a provision (sec. 580) that would require the Comptroller General of the United States to submit a report to the Committees on Armed Services of the Senate and the 

House of Representatives on the effectiveness of each Exceptional 

Family Member Program of the Armed Forces. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would require the 

Comptroller General of the United States to conduct an assessment 

on the effectiveness of each Exceptional Family Member Program 

of the Armed Forces and to provide a report to the Committees on 

Armed Services of the Senate and the House of Representatives by 

December 31, 2017. 


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Impact aid amendments (sec. 579) 

The Senate bill contained a provision (sec. 573) that would 

amend sections 7003(b)(2)(B)(i)(I), 7003(b)(2)(B)(i)(II)(bb), and 

7003(b)(2)(B)(i)(IV) of the Elementary and Secondary Education Act 

of 1965 (most recently amended by Public Law 114–95) to: 1) make 

a technical correction to the current statute to prevent the inadvertent disqualification of some local school districts from the Impact Aid heavily impacted program whose boundaries are within 

the perimeter of military installations; 2) provide additional time 

to collect data on the effects to the Impact Aid heavily impacted 

program; and 3) adjust eligibility criteria to meet congressional intent. 

The House amendment contained a provision (sec. 573) that 

would amend section 8003(a)(5)(A) of the Elementary and Secondary Education Act of 1965 (most recently amended by Public 

Law 114–95) to authorize a provision that counts all military-connected students living in military housing equally to take effect immediately. 

The Senate recedes with an amendment that would combine 

these provisions. 

The conferees intend that if a local educational agency is eligible to receive a basic support payment under subclause (IV) of section 7003(b)(2)(B)(i) as amended by this section and the Every Student Succeeds Act then subclause (IV) takes priority over other 

subclauses. The conferees further intend that if a local educational 

agency is not eligible for a basic support payment under subclause 

(IV) of section 7003(b)(2)(B) (i) as amended by this section and the 

Every Student Succeeds Act but is eligible under section 7003(b)(2) 

then the local educational agency may apply under that section. 

Subtitle I—Decorations and Awards 

Posthumous advancement of Colonel George E. ‘‘Bud’’ Day, United 

States Air Force, on the retired list (sec. 581) 

The Senate bill contained a provision (sec. 589) that would 

posthumously advance Colonel George E. ‘‘Bud’’ Day, United States 

Air Force, to the rank of brigadier general on the retired list of the 

United States Air Force. Colonel Day’s benefits would not be affected by this action. 

The House amendment contained no similar provision. 

The House recedes. 

Authorization for award of medals for acts of valor during certain 

contingency operations (sec. 582) 

The House amendment contained a provision (section 582) that 

would waive the time limitations prescribed in various sections of 

title 10, United States Code, to authorize the President to award 

certain valor awards, including the Congressional Medal of Honor, 

to a member or former member of the Armed Forces for service in 

Operation Enduring Freedom, Operation Iraqi Freedom, Operation 

New Dawn, Operation Freedom’s Sentinel, and Operation Inherent 

Resolve, resulting from a review of valor award nominations directed by the Secretary of Defense on January 7, 2016. The time 


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waiver provided under the House amendment would expire on December 31, 2019. 

The Senate bill had no similar provision. 

The Senate recedes with a technical amendment. 

Authorization for award of the Medal of Honor to Gary M. Rose and 

James C. McCloughan for acts of valor during the Vietnam 

War (sec. 583) 

The Senate bill contained a provision (sec. 587) that would 

waive the time limitations specified in section 3744 of title 10, 

United States Code, to authorize the President to award the Medal 

of Honor to Gary M. Rose for acts of valor from September 11 

through 14, 1970, during the Vietnam War, while a member of the 

United States Army, Military Assistance Command Vietnam— 

Studies and Observation Group (MACVSOG). 

The House amendment contained an identical provision (sec. 

583). 

The conference agreement includes the provision with an 

amendment that would waive the time limitations specified in section 3744 of title 10, United States Code, to authorize the President 

to award the Medal of Honor to James C. McCloughan for acts of 

valor during combat operations between May 13, 1969 and May 15, 

1969, during the Vietnam War, while serving as a combat medic 

with Company C, 3d Battalion, 21st Infantry, 196th Light Infantry 

Brigade, American Division, Republic of Vietnam. 

Authorization for award of Distinguished Service Cross to First 

Lieutenant Melvin M. Spruiell for acts of valor during World 

War II (sec. 584) 

The House amendment contained a provision (sec. 585) that 

would authorize the Secretary of the Army to award the Distinguished Service Cross to First Lieutenant Melvin M. Spruiell for 

acts of valor while a member of the Army serving in France with 

the 377th Parachute Field Artillery, 101st Airborne Division, from 

June 10 to 11, 1944. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Authorization for award of the Distinguished Service Cross to 

Chaplain (First Lieutenant) Joseph Verbis LaFleur for acts of 

valor during World War II (sec. 585) 

The Senate bill contained a provision (sec. 588) that would authorize the Secretary of the Army to award the Distinguished Service Cross to Chaplain (First Lieutenant) Joseph Verbis LaFleur for 

acts of valor while interned as a prisoner of war by Japan, from 

December 30, 1941 to September 7, 1944. 

The House amendment contained no similar provision. 

The House recedes. 

Review regarding award of Medal of Honor to certain Asian American and Native American Pacific Islander War Veterans (sec. 

586) 

The House amendment contained a provision (sec. 581) that 

would require the Secretaries of the military departments to review 


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the service records of certain Asian American and Native American 

Pacific Islander veterans from the Korean war and Vietnam war 

veterans to determine if the award of the Medal of Honor is appropriate. The House provision would require the services to review 

the records of veterans who were previously awarded the Distinguished Service Cross, the Navy Cross, and the Air Force Cross, 

and in those cases where the Secretary concerned determines that 

the service records of those veterans support the award of the 

Medal of Honor, this section would also waive the statutory time 

limitations for award of the Medal of Honor. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would require the 

Secretaries of the military departments to review the service 

records of former members of the Armed Forces whose service 

records identify them as an Asian American or Native American 

Pacific Islander war veteran who was previously awarded the Distinguished Service Cross, the Navy Cross, and the Air Force Cross 

and in those cases where the Secretary concerned determines that 

the service records of those veterans support the award of the 

Medal of Honor, this section would also waive the statutory time 

limitations for award of the Medal of Honor. 

Subtitle J—Miscellaneous Reports and Other Matters 

Repeal of requirement for a chaplain at the United States Air Force 

Academy appointed by the President (sec. 591) 

The Senate bill contained a provision (sec. 595) that would repeal section 9337 of title 10, United States Code, that requires a 

chaplain at the United States Air Force Academy appointed by the 

President. The section is not required because the Air Force and 

the other military departments already assign chaplains to the 

service academies under existing service personnel assignment procedures. 

The House amendment contained no similar provision. 

The House recedes. 

Extension of limitation on reduction in number of military and civilian personnel assigned to duty with service review agencies 

(sec. 592) 

The Senate bill contained a provision (sec. 596) that would 

amend section 1559 of title 10, United States Code, to extend the 

limitation on reducing the number of military and civilian personnel assigned to duty with the service review agencies through 

December 31, 2019. 

The House amendment contained no similar provision. 

The House recedes. 

Annual reports on progress of the Army and the Marine Corps in 

integrating women into military occupational specialties and 

units recently opened to women (sec. 593) 

The Senate bill contained a provision (sec. 593) that would require a report to be delivered to the Committees on Armed Services 

of the Senate and the House of Representatives by the Chief of 

Staff of the Army, the Commandant of the Marine Corps, and the 


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Commander of the United States Special Operations Command annually on April 1, 2017, and each year thereafter through 2021 on 

the progress of integrating women into military occupational specialties and units recently opened to women. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would narrow the 

scope of the report and change the final report date to 2020. 

Report on feasibility of electronic tracking of operational active-duty 

service performed by members of the Ready Reserve of the 

Armed Forces (sec. 594) 

The House amendment contained a provision (sec. 515) that 

would require the Secretary of Defense to establish electronic 

means for reserve component members to track qualifying operational active-duty service that would enable early receipt of reserve retired pay under section 12731(f) of title 10, United States 

Code. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would require the 

Secretary to assess the feasibility of such an electronic tracking 

system, and to provide a report to the Committees on Armed Services of the Senate and House of Representatives by no later than 

May 1, 2017. 

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 (sec. 595) 

The Senate bill contained a provision (sec. 597) that would require the secretaries of the Navy and the Air Force to submit a report to the Committees on Armed Services of the Senate and of the 

House of Representatives, not later than 180 days after enactment, 

on the feasibility and advisability of having warrant officers discharge the duties of pilots and other flight officer positions currently discharged by commissioned officers. 

The House amendment contained no similar provision. 

The House recedes. 

Body mass index test (sec. 596) 

The House amendment contained a provision (sec. 593) that 

would require the Secretary of Defense to review the current body 

mass index test procedure used by the Armed Forces and to determine the best methods to assess body fat percentages to improve 

the accuracy of body fat measurements. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would require the 

service secretaries to conduct the review of current body mass 

index test procedures and other methods to measure body fat with 

a more holistic health and wellness approach. 

Report on career progression tracks of the Armed Forces for women 

in combat arms units (sec. 597) 

The Senate bill contained a provision (sec. 594) that would require the Secretary of Defense to submit a description of the career 

progression track for entry level and laterally moved female service 


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members, both officer and enlisted, of each Armed Force for positions that have been opened as a result of the December 3, 2015, 

decision by the Secretary to open all previously closed military occupations to women. 

The House amendment contained no similar provision. 

The House recedes. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Temporary suspension of officer grade strength tables 

The Senate bill contained a provision (sec. 503) that would 

amend sections 523(a) and 12011(a) of title 10, United States Code, 

to remove the limitations on the total number of commissioned officers authorized to serve on Active Duty or on full-time reserve component duty in the pay grades of O–4 through O–6 as of the end 

of the fiscal year for fiscal years 2017 through 2021. 

The House amendment contained no similar provision. 

The Senate recedes. 

The conferees believe that providing relief from statutory caps 

on the numbers of officers of the active and reserve components 

serving in pay grades from O–4 to O–6, for an appropriate trial period, may allow the secretaries of the military departments to adjust the shape of their officer corps to affect talent managementbased promotion systems and more quickly adapt to changing war 

fighting requirements and available talent supply. The conferees 

are concerned that such statutory flexibility must be exercised in 

a manner that would promote lean, efficient, and highly effective 

officer corps and must not result in bloated senior officer ranks 

that impede the proper administration of the officer personnel 

management system. Therefore, the conferees modify the reporting 

requirement directed in the Senate report accompanying section 

503 of S. 2943 (S. Rept. 114–255) to require the Secretary of Defense to submit a report to the Committees on Armed Services of 

the Senate and the House of Representatives, not later than March 

1, 2017, describing how the military departments would propose to 

use the authority described in section 503 of the Senate-passed bill, 

a description of the specific categories of adjustments in control 

grades and the number and percentages of such adjustments desired, and an assessment of the impact of the authority, if implemented, on the desired officer grade composition of the military departments. The report shall specifically address the proposed use 

of this authority for military intelligence officers, foreign area specialists, judge advocates with a military justice skill identifier, and 

officers with expertise in cyber matters. 

Enhanced authority for service credit for experience or advanced 

education upon original appointment as a commissioned officer 

The Senate bill contained a provision (sec. 504) that would 

amend section 533 of title 10, United States Code, to authorize 

service secretaries to credit an applicant for an original appointment in a commissioned grade with an amount of constructive 

credit limited to the amount required for an original appointment 

in the grade of colonel in the Army, Air Force, or Marine Corps, 

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ize the secretary concerned to award constructive credit for leadership experience, professional credentials, and technical expertise to 

directly commission officers up to the grade of O–6. 

The House amendment contained no similar provision. 

The Senate recedes. 

The conferees note that another provision of this Act would authorize the military departments to conduct pilot programs to commission cyber professionals. The conferees recognize that the use of 

similar authorities to commission professionals such as doctors, 

lawyers, and chaplains continues to have great utility in providing 

trained professionals for the military departments. It may be useful 

to extend such authorities to branches, career fields, and occupational specialties that may be designated by the services as having 

technical or warfighter status. The conferees encourage the Department of Defense to provide detailed information to the Committees 

on Armed Services of the Senate and of the House of Representatives on how the expanded use of such authorities may be utilized. 

Authority of promotion boards to recommend officers of particular 

merit be placed at the top of the promotion list 

The Senate bill contained a provision (sec. 505) that would 

amend section 616 of title 10, United States Code, to authorize an 

officer promotion board to recommend Active-Duty officers of particular merit to be placed at the top of the promotion list. 

The House amendment contained no similar provision. 

The Senate recedes. 

The conferees remind the Department of Defense that the 

Joint Explanatory Statement accompanying the National Defense 

Authorization Act for Fiscal Year 2016 (P.L. 114–92) identified the 

need to review and modernize procedures to select officers for promotion. The Department of Defense was encouraged to develop recommendations to enhance the flexibility of selection boards to identify and select officers of particular merit for early promotion, using 

procedures that all stakeholders would view as objective and fair. 

Despite the Department’s much-touted Force of the Future studies, 

the last year saw no recommendations to Congress that would provide the flexibility the Department claims to need to recruit, commission, promote, and retain the high quality all-volunteer force 

the Nation requires. 

Limitations on ordering selected reserve to active duty for 

preplanned missions in support of the combatant commands 

The House amendment contained a provision (sec. 513) that 

would amend section 12304(b) of title 10, United States Code, to 

authorize the Secretary of Defense to order any unit of the Selected 

Reserve to Active Duty during the year of execution if the Secretary identifies manpower and associated costs as an emerging requirement in the year of execution and provides a 30-day notice to 

the congressional defense committees. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees note that the authority to order Selected Reserve 

units to Active Duty under section 12304(b) of title 10, United 

States Code, is designed to incentivize deliberate planning for the 


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use of the Selective Reserve as part of the operational force by requiring missions to be planned in advance and included in annual 

budget submissions. Other provisions of title 10, United States 

Code, provide authority to order members and units of the reserve 

components to Active Duty to address emerging requirements arising during the year of execution. 

Exemption of military technicians (dual status) from civilian employee furloughs 

The House amendment contained a provision (sec. 514) that 

would amend section 10216(b)(3) of title 10, United States Code, to 

exempt military dual-status technicians from civilian employee furloughs. 

The Senate bill contained no similar provision. 

The House recedes. 

Authority to designate certain Reserve officers as not to be considered for selection for promotion 

The Senate bill contained a provision (sec. 522) that would 

amend section 14301 of title 10, United States Code, to authorize 

the secretaries of the military departments to defer promotion consideration for reserve component officers in a non-participatory 

(membership points only) status. 

The House amendment contained no similar provision. 

The Senate recedes. 

Responsibility of Chiefs of Staff of the Armed Forces for standards 

and qualifications for military specialties within the Armed 

Forces 

The Senate bill contained a provision (sec. 531) that would vest 

in the Chief of Staff of each of the Armed Forces the responsibility 

for establishing, approving, and modifying the criteria, standards, 

and qualifications for military specialty codes within that Armed 

Force. The Secretary of Defense would retain oversight authority. 

The House amendment contained no similar provision. 

The Senate recedes. 

The conferees expect service secretaries to consult with and receive the advice of the Chiefs of Staff of each of the Armed Forces 

when making decisions on military standards and qualifications. 

Reconciliation of contradictory provisions relating to qualifications 

for enlistment in the reserve components of the Armed Forces 

The Senate bill contained a provision (sec. 537) that would 

amend section 12102(b) of title 10, United States Code, to align the 

requirements for enlistment in the reserve components of the 

Armed Forces with the requirements for enlistment in the active 

components. 

The House amendment contained no similar provision. 

The Senate recedes. 


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Burdens of proof applicable to investigations and reviews related to 

protected communications of members of the armed forces and 

prohibited retaliatory actions 

The House amendment contained a provision (sec. 545) that 

would amend section 1034 of title 10, United States Code, to establish the burden of proof under this section for military retaliation 

investigations to be the same as the burden of proof applicable to 

retaliation investigations under section 1221(e) of title 5, United 

States Code. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees included a number of provisions in this Act that 

will provide necessary tools to allow military victims of retaliation 

to be provided full, fair, and expeditious investigation and relief, 

when appropriate, in response to alleged retaliation. The conferees 

are mindful however that the requirements, hardships, and sacrifices of military service are unique and unlike those of the federal 

civilian workplace that section 1221(e) of title 5 is intended to address. We consider the burden of proof standards under section 

1221(e) to be properly tailored to the federal civilian workforce. 

However, the conferees concluded that the burden of proof standards that properly apply in a civilian context are not amenable to 

the unique demands of military service. The conferees remain concerned about reports from military personnel who indicate they 

have been subjected to retaliation after making protected communications. The conferees intend to remain seized of this issue and 

will assess the impact of the provisions in this bill to reducing the 

prevalence of retaliation in the military. 

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 

The Senate bill contained a provision (sec. 546) that would 

amend section 806b(c) of title 10, United States Code (Article 6b(c), 

Uniform Code of Military Justice (UCMJ)) to authorize military 

judges to decide on a case-by-case basis whether it is appropriate 

to appoint an individual to assume the victim’s rights in all cases 

under the UCMJ in which the victim of an offense is under 18 

years of age (unless the victim is a member of the Armed Forces) 

or is incompetent, incapacitated, or deceased. 

The House amendment contained no similar provision. 

The Senate recedes. 

The conferees note that a similar provision is included in the 

Military Justice Act of 2016 which is enacted elsewhere in this Act. 

Appellate standing of victims in enforcing rights of victims under 

the Uniform Code of Military Justice 

The Senate bill contained a provision (sec. 547) that would 

amend section 806b of title 10, United States Code (article 6b of 

the Uniform Code of Military Justice (UCMJ)) to authorize victims 

to file pleadings as a real party in interest when the Government 

files appellate pleadings implicating the victim’s rights relating to 

Military Rule of Evidence (MRE) 412, relating to the admission of 


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evidence regarding a victim’s sexual background; MRE 513, relating to the psychotherapist-patient privilege; or MRE 514, relating 

to the victim advocate-patient privilege. The provision would also 

amend section 806b of title 10, United States Code (article 6b of 

the UCMJ) to afford a victim with the right to reasonable, accurate, and timely notice of any appellate matters. 

The House contained no similar provision. 

The Senate recedes. 

The conferees understand that the Judicial Proceedings Panel 

(JPP) established by section 576 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239) will receive testimony and address this issue in future public meetings of the JPP. 

The conferees will reconsider this issue after receipt of the JPP recommendations. 

Limitation on tuition assistance for off-duty training or education 

The Senate bill contained a provision (sec. 561) that would 

amend section 2007 of title 10, United States Code, to limit the tuition assistant program for off-duty training and education to education programs likely to contribute to the professional development of the servicemember. 

The House amendment contained no similar provision. 

The Senate recedes. 

The conferees support Department of Defense and military 

service efforts over the past several years to ensure the integrity 

of the tuition assistance program, and the educational success of 

servicemembers utilizing the benefit, through implementation of 

common-sense restrictions on premature use by servicemembers 

still adjusting to military life and who are still learning their military occupations, as well as restrictions on those who would inappropriately use the benefit to acquire additional degrees at the 

same level of attainment. 

Establishment of ROTC cyber institutes at senior military colleges 

The House amendment contained a provision (sec. 562) that 

would amend chapter 103 of title 10, United States Code, to authorize the Secretary of Defense to carry out a program to establish 

ROTC Cyber Institutes at the six Senior Military Colleges for purposes of accelerating the development of foundational expertise in 

critical cyber operational skills for future military and civilian leaders of the Armed Forces and Department of Defense, to include 

such leaders of the Reserve Components. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees note that many ROTC programs are beginning 

to implement cyber training for critical cyber operational skills. 

The conferees encourage these and other ROTC programs to continue building and teaching a cyber framework for future military 

and civilian leaders of the Armed Forces and Department of Defense. 


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Access to Department of Defense installations of institutions of higher education providing certain advising and student support 

services 

The Senate bill contained a provision (sec. 563) that would 

amend chapter 101 of title 10, United States Code, to require the 

Secretary of Defense to grant access to all Department of Defense 

installations any institution of higher education that has a Voluntary Education Partnership Memorandum of Understanding 

with the Department for the purposes of student advising and support services. 

The House amendment contained no similar provision. 

The Senate recedes. 

Employment authority for civilian faculty at certain military department schools 

The House amendment contained a provision (sec. 564) that 

would amend section 4021 of title 10, United States Code, to authorize the Secretary concerned to hire staff for professional military education courses regardless of course length. 

The Senate bill contained no similar provision. 

The House recedes. 

Revision of name on military service record to reflect change in 

name of a member of the Army, Navy, Air Force, or Marine 

Corps, after separation from the Armed Forces 

The House amendment contained a provision (sec. 565) that 

would amend section 1551 of title 10, United States Code, to allow 

persons who legally change their name to reflect their gender identity after separation from the Armed Forces to receive a new certificate of discharge or acceptance of resignation order under that 

new name. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees note that former service members currently have 

a process to request their name be changed on official service discharge documents to reflect a legal name change, by submitting a 

request to the appropriate service board for correction of military 

or naval records. Effective October 1, 2016, the Department of Defense (DoD) and the Military Departments will implement DoD Instruction 1300.28, that requires the services to provide 

servicemembers a process by which, while serving, they may 

change their gender. The conferees expect the Department to make 

the necessary changes to regulations to provide former members a 

simplified process to reflect a name change in military personnel 

records due to change in gender identity or other lawful purpose. 

Direct employment pilot program for members of the National 

Guard and Reserve 

The House amendment contained a provision (sec. 566) that 

would authorize the Secretary of Defense to carry out a pilot program to enhance efforts of the Department of Defense to provide 

job placement assistance and related employment services directly 

to members of the National Guard and Reserves. This section 

would also require the Secretary to submit a report on the program 


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to the Committees on Armed Services of the Senate and the House 

of Representatives by January 31, 2021. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees note that the South Carolina and California National Guards conduct state employment programs that have seen 

success in recent years and serve as a model for other states and 

territories to set up similar state employment programs. The conferees note the numerous employment assistance programs for 

transitioning servicemembers coordinated by the military services, 

the Department of Defense, the Department of Labor, and the Department of Veterans Affairs, such as the Department of Labor’s 

Veterans’ Employment and Training Service and the Department 

of Veterans Affairs’ VA for Vets program and Feds Hire Vets employment tool. The conferees encourage the Chief of the National 

Guard Bureau to work with the Secretary of Defense to coordinate 

with the Secretary of Labor and the Secretary of Veterans Affairs 

to leverage these preexisting Federal employment programs. 

Prohibition on establishment, maintenance, or support of Senior Reserve Officers’ Training Corps units at educational institutions 

that display the Confederate battle flag 

The House amendment contained a provision (sec. 567) that 

would amend section 2102 of title 10, United States Code, to prohibit the secretary concerned from establishing, maintaining, or 

supporting a Senior Reserve Officers’ Training Corps unit at an 

educational institution that displays the Confederate battle flag except where the board of visitors has voted to take down the flag 

described. 

The Senate bill contained no similar provision. 

The House recedes. 

Report on composition of service academies 

The House amendment contained a provision (sec. 568) that 

would require the Comptroller General of the United States to submit a report on the demographic composition of the service academies. 

The Senate bill contained no similar provision. 

The House recedes. 

Enhanced flexibility in provision of relocation assistance to members of the Armed Forces and their families 

The Senate bill contained a provision (sec. 576) that would 

amend section 1056 of title 10, United States Code, to permit enhanced flexibility in giving relocation assistance to members of the 

Armed Forces and their families. The provision would allow the Department of Defense to adapt the delivery of relocation assistance 

to meet the evolving needs of military servicemembers and their 

families by leveraging technology to improve access, efficiency, and 

responsiveness of the relocation assistance program, especially in 

situations where servicemembers reside overseas or away from a 

military installation with a relocation assistance program. Finally, 

the provision would establish the position of Program Manager of 


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Military Relocation Assistance in the office of the Assistant Secretary of Defense for Manpower and Reserve Affairs. 

The House amendment contained no similar provision. 

The Senate recedes. 

Background checks for employees of agencies and schools providing 

elementary and secondary education for Department of Defense 

dependents 

The Senate bill contained a provision (sec. 578) that would require certain local educational agencies receiving impact aid under 

subchapter VII of chapter 70 of title 20, United States Code, and 

each Department of Defense (DOD) domestic dependent elementary 

and secondary school, within 2 years of enactment of this Act, to 

establish policies and procedures requiring a criminal background 

check for each school employee of the agency or school. 

The House amendment contained no similar provision. 

The Senate recedes. 

The conferees believe the protection of school children from 

would-be predators is of paramount importance. Children of military personnel, who by virtue of a parent’s military service are 

more transient with fewer community ties and relationships, may 

be more vulnerable to such predators. The conferees believe it is 

important that appropriate criminal background checks be conducted of school employees in Department of Defense (DOD) 

schools and local educational activities that educate military family 

members. Despite the requirement in every state that background 

checks be conducted, and recently-enacted prohibitions in the 

Every Student Succeeds Act that restrict the movement and reemployment of predators in other states, there were still 496 arrests 

of school employees in the United States last year for sexual misconduct with children, according to press reports. Clearly, the problem of child predation and abuse remains in our local school systems. The conferees note that DOD schools conduct thorough criminal background checks on their employees, and the conferees are 

committed to subjecting DOD schools to the oversight required to 

ensure that they conduct thorough criminal background checks on 

their employees. Given the critical importance of this issue and the 

defense authorizing committees’ continuing concern that children 

at risk are adequately protected, the conferees strongly urge DOD 

to work as closely as possible with local school districts that educate military family members to share best practices to help those 

districts develop and improve comprehensive employment screening 

policies to ensure the safety of military children. The conferees direct the Department to provide a report to the Committees on 

Armed Services of the Senate and the House of Representatives, 

not later than 1 year after the date of enactment of this Act, on 

the Department’s efforts to: 1) identify, to the extent practicable, 

any shortfalls in employee screening processes in local school districts educating military family members; and 2) provide recommendations to help address those shortfalls in the future. 


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Authorization for award of the Medal of Honor to Charles S. Kettles 

for acts of valor during the Vietnam war 

The Senate bill contained a provision (sec. 586) that would 

waive the time limitations specified in section 3744 of title 10, 

United States Code, to authorize the President to award the Medal 

of Honor to Charles S. Kettles, for acts of valor on May 15, 1967, 

during the Vietnam War, while serving as Flight Commander in 

the United States Army, 176th Aviation Company, 14th Aviation 

Battalion, Task Force Oregon, Republic of Vietnam. 

The House amendment contained a similar provision (sec. 584). 

The conference agreement does not include this provision. 

The conferees note the authority to waive the time limitations 

for award of the Medal of Honor were included in the Consolidated 

Appropriations Act of 2016 (P.L. 114–113). The President awarded 

Mr. Kettles the Medal of Honor in a ceremony at the White House 

on July 18, 2016. 

Burial of cremated remains in Arlington National Cemetery of certain persons whose service is deemed to be active service. 

The House amendment contained a provision (sec. 591) that 

would amend section 2410 of title 38, United States Code, to require the Secretary of the Army to ensure that the cremated remains of certain individuals whose service has been determined to 

be active duty service are eligible for inurnment with military honors in Arlington National Cemetery. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees note that on May 20, 2016 the President signed 

into law the Women Airforce Service Pilot Arlington Inurnment 

Restoration Act (P.L. 114–158), which provided the authority contained in section 591 of the House amendment. 

Applicability of Military Selective Service Act to female citizens and 

persons 

The Senate bill contained a provision (sec. 591) that would 

amend the Selective Service Act (Public Law 65–12) to include 

women in the requirement to register for selective service, to the 

same extent men are currently required, beginning January 1, 

2018. 

The House amendment contained no similar provision. 

The Senate recedes. 

Representation from member of the Armed Forces on boards, councils, and committees making recommendations relating to military personnel issues 

The House amendment contained a provision (sec. 592) that 

would require that enlisted or retired enlisted members of the 

armed forces be represented on all boards, panels, commissions, or 

task forces established under chapter 7 of title 10, United States 

Code, to render a recommendation on any aspect of personnel policy directly affecting enlisted personnel. 

The Senate bill contained no similar provision. 

The House recedes. 


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The conferees believe it is essential that the views of enlisted 

members must be considered by boards charged with developing informed and effective military personnel policy. The conferees expect 

that the Secretary of Defense, the secretaries of the military departments, the Chairman of the Joint Chiefs of Staff, the service 

chiefs, and their senior enlisted advisers will ensure that enlisted 

representation is included in such boards to the maximum extent 

practicable. 

Preseparation counseling regarding options for donating brain tissue at time of death for research 

The House amendment contained a provision (sec. 594) that 

would require servicemembers to receive information during transition separation counseling concerning options for donating brain 

tissue at the time of death of the servicemember for chronic traumatic encephalopathy research. 

The Senate bill contained no similar provision. 

The House recedes. 

Recognition of the expanded service opportunities available to female members of the Armed Forces and the long service of 

women in the Armed Forces 

The House amendment contained a provision (sec. 595) that 

would express Congress’ recognition of women who have served and 

are currently serving in the Armed Forces. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees note that female members of the Armed Forces 

are invaluable and integral to the Armed Forces and that the 

United States must continue to encourage and support female 

members of the Armed Forces as they serve our Nation. 

Sense of Congress regarding plight of male victims of military sexual assault 

The House amendment contained a provision (sec. 596) that 

would express the sense of Congress that the Secretary of Defense 

should enhance access to intensive medical and mental health 

treatment of male victims of sexual assault, look for opportunities 

to use male victims as presenters at prevention training, and ensure medical and mental health providers are trained to meet the 

needs of male victims. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees remain concerned that more must be done to address the unique issues and concerns affecting male victims of sexual assault. For that reason, section 538 of the National Defense 

Authorization Act for Fiscal Year 2016 (P.L. 114–92) requires the 

Secretary of Defense, in collaboration with the secretaries of the 

military departments, to develop a comprehensive plan to improve 

Department of Defense prevention and response to sexual assaults 

in which the victim is a male member of the armed forces. The conferees look forward to receiving the plan from the Secretary of Defense and intend to monitor the efficacy of the plan. 


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Sense of Congress regarding section 504 of title 10, United States 

Code, on existing authority of the Department of Defense to enlist individuals, not otherwise eligible for enlistment, whose enlistment is vital to the national interest 

The House amendment contained a provision (sec. 597) that 

would express the sense of Congress that section 504 of title 10, 

United States Code, authorizes the Department of Defense to enlist 

individuals, not otherwise eligible for enlistment, whose enlistment 

is vital to the national interest. 

The Senate bill contained no similar provision. 

The House recedes. 

Protection of Second Amendment rights of military families 

The House amendment contained a provision (sec. 598) that 

would amend section 921(b) of title 18, United States Code, to provide that the residence of the spouse of a military member for the 

purpose of federal firearms laws, is the State of the permanent 

duty station of the member. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees note that the residence of a spouse of a military 

member is the State in which that spouse resides, which is the 

State of the permanent duty station of the member, or such other 

State as the spouse may reside. 

Pilot program on advanced technology for alcohol abuse prevention 

The House amendment contained a provision (sec. 599) that 

would require the Secretary of Defense, within 90 days of enactment of this Act, to consult with the service secretaries and establish a pilot program to demonstrate the feasibility of using portable, disposable alcohol breathalyzers and a cloud-based server 

platform to collect data and monitor the progress of alcohol abuse 

programs through digital applications. The provision would require 

the Secretary to conduct the pilot program for a minimum of 6 

months, and the program would terminate by September 30, 2018. 

The Secretary would submit a report to the Committees on Armed 

Services of the Senate and the House of Representatives on implementation of the program within 120 days after implementation 

and then submit a final report to the committees within 1 year of 

implementation. 

The Senate bill contained no similar provision. 

The House recedes. 

Report on availability of college credit for skills acquired during 

military service 

The House amendment contained a provision (sec. 599A) that 

would require the Secretary of Defense, in consultation with the 

Secretaries of Veterans Affairs, Education, and Labor, to submit a 

report on the transfer of skills into equivalent college credits or 

technical certifications for members of the Armed Forces leaving 

the military. 

The Senate bill contained no similar provision. 

The House recedes. 


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Atomic veterans service medal 

The House amendment contained a provision (sec. 599B) that 

would require the Secretary of Defense to design, produce, and distribute a military service medal to honor retired and former members of the Armed Forces who are radiation-exposed veterans. 

The Senate bill contained no similar provision. 

The House recedes. 

Report on extending protections for student loans for active duty 

borrowers 

The House amendment contained a provision (sec. 599C) that 

would require the Secretary of Defense, in consultation with the 

Secretary of Education, to submit a report detailing the information, assistance, and efforts to support and inform active duty 

members of the Armed Forces with respect to the rights and resources available under the Servicemembers Civil Relief Act. 

The Senate bill contained no similar provision. 

The House recedes. 

Exclusion of certain reimbursements of medical expenses and other 

payments from determination of annual income with respect to 

pensions for veterans and surviving spouses and children of veterans 

The House amendment contained a provision (sec. 599D) that 

would amend section 1503(a) of title 38, United States Code, to exclude payments regarding reimbursements of medical expenses 

from the determination of annual income with respect to pensions. 

The Senate bill contained no similar provision. 

The House recedes. 

Sense of Congress on desirability of service-wide adoption of Gold 

Star installation access card 

The House amendment contained a provision (sec. 599E) that 

would express the sense of Congress that the secretaries of the 

military departments and the Secretary of the department in which 

the Coast Guard is operating should work jointly to develop, issue, 

and ensure acceptance of a Gold Star installation access card for 

family members who are the survivors of deceased members of the 

Armed Forces in order to expedite the ability of a Gold Star family 

member to gain unescorted access to military installations for the 

purpose of obtaining on-base services and benefits for which the 

Gold Star family member is entitled or eligible. 

The Senate bill contained no similar provision. 

The House recedes. 

Servicemembers’ Group Life Insurance 

The House amendment contained a provision (sec. 599F) that 

would amend section 1967(f)(4) of title 38, United States Code, by 

striking the second sentence. 

The Senate bill contained no similar provision. 

The House recedes. 


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TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A—Pay and Allowances 

Fiscal year 2017 increase in military basic pay (sec. 601) 

The Senate bill contained a provision (sec. 601) that would authorize a pay raise of 1.6 percent for all members of the uniformed 

services effective January 1, 2017. 

The House amendment contained a provision (sec. 601) that 

would direct that the rates of basic pay under section 203(a) of title 

37, United States Code, be increased in accordance with section 

1009 of title 37, United States Code, notwithstanding a determination made by the President under subsection (e) of such section 

1009. 

The Senate recedes. 

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. 602) 

The Senate bill contained a provision (sec. 602) that would direct the Department of Defense to ensure that pay tables of basic 

pay for members of the uniformed services published by the Department reflect the operation of the pay cap contained in section 

203(a)(2) of title 37, United States Code, to more accurately reflect 

the rates of basic pay that may actually be received by service 

members whose basic pay is affected by that cap. 

The House amendment contained no similar provision. 

The House recedes. 

Extension of authority to provide temporary increase in rates of 

basic allowance for housing under certain circumstances (sec. 

603) 

The Senate bill contained a provision (sec. 603) that would extend for 1 year the authority of the Secretary of Defense to temporarily increase the rate of basic allowance for housing in areas impacted by natural disasters or experiencing a sudden influx of personnel. 

The House amendment contained an identical provision (sec. 

602). 

The conference agreement includes this provision. 

Reports on a new single-salary pay system for members of the 

Armed Forces (sec. 604) 

The Senate bill contained a provision (sec. 604) that would reform the basic allowance for housing (BAH) benefit for members of 

the uniformed services, applicable January 1, 2018. The provision 

would require a system that utilizes actual costs up to a maximum 

allowable amount. No service member will see a change in their allowance until such time as they undergo a permanent change of 

duty station outside their military housing area after January 1, 

2018. 

The House amendment contained no similar provision. 

The Senate recedes with an amendment that would require the 

Department of Defense to report back with revised pay tables and 


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a plan to transition to a salary system by no later than January 

1, 2018. An initial assessment and progress report will be due to 

the Committees on Armed Services of the Senate and the House of 

Representatives no later than March 1, 2017, to contain the military pay tables as of January 1, 2017, that reflect the Regular Military Compensation of members of the Armed Forces as of that date 

in the range of grades, dependency statuses, and assignment locations. 

The conferees note that the BAH, as an entitlement, and the 

perception of BAH among servicemembers, has evolved over the 

past 20 years. BAH, and the iterations of the benefit that came before, was intended to provide a housing benefit for service members 

to offset the cost of housing in high cost housing areas where adequate government-provided quarters was not available and in recognition of the transient nature of military service and the impact 

it has on military members and their families. Indeed, that the 

housing allowance was and is intended as primarily a housing benefit is demonstrated by its tax-free nature, the differentiation based 

on dependency status, and the fact that junior enlisted personnel 

required to reside in barracks or on a ship are ineligible to receive 

BAH. Accordingly, the conferees direct the Secretary of Defense to 

begin planning for a transition to a salary system that better aligns 

the payment of the allowance with the Department’s use of the 

housing allowance as compensation rather than its intended purpose as an allowance. 

Subtitle B—Bonuses and Special and Incentive Pays 

One-year extension of certain bonus and special pay authorities for 

reserve forces (sec. 611) 

The Senate bill contained a provision (sec. 611) that would extend for 1 year the authority to pay the Selected Reserve reenlistment bonus, the Selected Reserve affiliation or enlistment bonus, 

special pay for enlisted members assigned to certain high-priority 

units, the Ready Reserve enlistment bonus for persons without 

prior service, the Ready Reserve enlistment and reenlistment 

bonus for persons with prior service, the Selected Reserve enlistment and reenlistment bonus for persons with prior service, travel 

expenses for certain inactive-duty training, and income replacement for reserve component members experiencing extended and 

frequent mobilization for Active-Duty service. 

The House amendment contained an identical provision (sec. 

611). 

The conference agreement includes this provision. 

One-year extension of certain bonus and special pay authorities for 

health care professionals (sec. 612) 

The Senate bill contained a provision (sec. 612) that would extend for 1 year the authority to pay the nurse officer candidate accession bonus, education loan repayment for certain health professionals who serve in the Selected Reserve, accession and retention 

bonuses for psychologists, the accession bonus for registered 

nurses, incentive special pay for nurse anesthetists, special pay for 

Selected Reserve health professionals in critically short wartime 


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specialties, the accession bonus for dental officers, the accession 

bonus for pharmacy officers, the accession bonus for medical officers in critically short wartime specialties, and the accession bonus 

for dental specialist officers in critically short wartime specialties. 

The House amendment contained an identical provision (sec. 

612). 

The conference agreement includes this provision. 

One-year extension of special pay and bonus authorities for nuclear 

officers (sec. 613) 

The Senate bill contained a provision (sec. 613) that would extend for 1 year the authority to pay the special pay for nuclearqualified officers extending period of active service, the nuclear career accession bonus, and the nuclear career annual incentive 

bonus. 

The House amendment contained an identical provision (sec. 

613). 

The conference agreement includes this provision. 

One-year extension of authorities relating to title 37 consolidated 

special pay, incentive pay, and bonus authorities (sec. 614) 

The Senate bill contained a provision (sec. 614) that would extend for 1 year the general bonus authority for enlisted members, 

the general bonus authority for officers, special bonus and incentive 

pay authorities for nuclear officers, special aviation incentive pay 

and bonus authorities for officers, and special bonus and incentive 

pay authorities for officers in health professions, and contracting 

bonus for cadets and midshipmen enrolled in the Senior Officers’ 

Training Corps. The provision would also extend for 1 year the authority to pay hazardous duty pay, assignment or special duty pay, 

skill incentive pay or proficiency bonus, and retention incentives for 

members qualified in critical military skills or assigned to high priority units. 

The House amendment contained an identical provision (sec. 

614). 

The conference agreement includes this provision. 

One-year extension of authorities relating to payment of other title 

37 bonuses and special pays (sec. 615) 

The Senate bill contained a provision (sec. 615) that would extend for 1 year the authority to pay the aviation officer retention 

bonus, assignment incentive pay, the reenlistment bonus for active 

members, the enlistment bonus, precommissioning incentive pay 

for foreign language proficiency, the accession bonus for new officers in critical skills, the incentive bonus for conversion to military 

occupational specialty to ease personnel shortage, the incentive 

bonus for transfer between Armed Forces, and the accession bonus 

for officer candidates. 

The House amendment contained an identical provision (sec. 

615). 

The conference agreement includes this provision. 


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Aviation incentive pay and bonus matters (sec. 616) 

The House amendment contained a provision (sec. 616) that 

would amend section 334(c)(1) of title 37, United States Code, to increase the statutory limits for the aviation incentive pay and retention bonus to $1,000 per month and $60,000 per year, respectively, 

and would allow the Secretary concerned the flexibility to increase 

the aviation incentive pay limit set forth in regulations issued by 

the Secretary of Defense under section 374 of title 37, United 

States Code. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would authorize 

a maximum aviation bonus of $35,000 for each 12-month period of 

obligated service, and requires the appropriate Service Secretary to 

submit a justification with each fiscal year’s budget request for the 

aviation bonus amounts by aircraft type category, the business case 

supporting the amount requested, and a description by the Secretary concerned on how they will address manning shortfalls by 

non-monetary means. 

The conferees note the current Chief of Staff of the Air Force 

stated in response to advance policy questions in preparation for 

his confirmation hearing, ‘‘We will tailor any potential bonus based 

upon specific platform and overall Air Force requirements. The requested increase is not a set amount. If approved, this will give us 

the flexibility to tailor bonus amounts and contract terms by platform.’’ The conferees strongly agree with targeting aviation bonuses 

toward the most critical manning shortfalls by aircraft type category as a way to incentivize retention behavior, and strongly support this method for use across the Department of Defense. 

The conferees also expect the Services to continue developing 

and implementing policies to tackle non-monetary reasons for low 

aviator retention rates, and to use these incentive and bonus authorities to incentivize needed retention levels using a business 

case rather than as a reward or entitlement, to correct both the 

undermanning of certain aircraft type categories and the overmanning of others. 

Conforming amendment to consolidation of special pay, incentive 

pay, and bonus authorities (sec. 617) 

The Senate bill contained a provision (sec. 616) that would 

amend section 332 of title 10, United States Code, to correct an inequity that will exist when the Department transitions to a general 

bonus authority on October 1, 2017. This amendment will increase 

the maximum bonus authority under the new general bonus authority to $20,000 to match the maximum bonus level under the 

old authority. Maintaining the current bonus level will enable the 

Services to retain the ability to recruit and retain reserve component officers. 

The House amendment contained an identical provision (sec. 

617). 

The conference agreement includes this provision. 


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Technical amendments relating to 2008 consolidation of certain special pay authorities (sec. 618) 

The House amendment contained a provision (sec. 618) that 

would make technical and clerical corrections to titles 10, 20, 24, 

36, 37, and 42, United States Code, as well as section 586 of the 

National Defense Authorization Act for Fiscal Year 2008 (Public 

Law 110–181), section 362 of the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109–364), and 

section 112(c)(5)(B) of the Internal Revenue Code of 1986, as part 

of the Department of Defense’s transition to the consolidated authorities in sections 661 and 662 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181), which consolidated statutory special and incentive pay authorities for members of the uniformed services. This section is consistent with the 

purpose and intent of the consolidated special and incentive pay reform contained in the 2008 defense bill. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Subtitle C—Travel and Transportation Allowances 

Maximum reimbursement amount for travel expenses of members of 

the Reserves attending inactive duty training outside of normal 

commuting distances (sec. 621) 

The House amendment contained a provision (sec. 641) that 

would amend section 478a(c) of title 37, United States Code, to 

allow for a higher reimbursement amount on a case-by-case basis 

for certain members of the Reserve component traveling to attend 

inactive duty training outside of normal committing distances. 

The Senate bill contained a similar provision (sec. 621). 

The Senate recedes. 

Subtitle D—Disability Pay, Retired Pay, and Survivor Benefits 

Part I—Amendments in Connection With Retired Pay Reform 

Election period for members in the service academies and inactive 

Reserves to participate in the modernized retirement system 

(sec. 631) 

The Senate bill contained a provision (sec. 631) that would 

amend section 1409 of title 10, United States Code, to clarify the 

timing for cadets and midshipmen at the service academies to optin to the new military retirement system enacted in the National 

Defense Authorization Act for Fiscal Year 2016 (Public Law 114– 

92). The provision would also clarify the timing of such elections 

for reservists who are on Inactive Duty during the election period 

otherwise provided for under the new retirement system. 

The House amendment contained no similar provision. 

The House recedes. 

Effect of separation of members from the uniformed services on participation in the Thrift Savings Plan (sec. 632) 

The Senate bill contained a provision (sec. 632) that would repeal paragraph (2) of section 632(c) of the National Defense AuVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 01097 Fmt 6601 Sfmt 6601 E:\HR\OC\HR840.XXX HR840

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thorization Act for Fiscal Year 2016 (Public Law 114–92). This 

amendment makes a technical correction for the new military retirement plan enacted in that Act relative to defining separation 

from service under the Thrift Savings Plan. 

The House amendment contained a similar provision (sec. 621). 

The House recedes. 

Continuation pay for full Thrift Savings Plan members who have 

completed 8 to 12 years of service (sec. 633) 

The House amendment contained a provision (sec. 622) that 

would amend section 356 of title 37, United States Code, to modify 

the continuation pay for members under the new military retirement system enacted in the National Defense Authorization Act for 

Fiscal Year 2016 (Public Law 114–92) to provide the Secretary of 

Defense with the flexibility to offer continuation pay in the window 

between 8 and 12 years of service in exchange for a 3 years of service or greater commitment as the Secretary deems appropriate for 

retention. 

The Senate bill contained a similar provision (sec. 633). 

The Senate recedes with a technical amendment. 

Combat-related special compensation coordinating amendment (sec. 

634) 

The House amendment contained a provision (sec. 619) that 

would amend section 1413a of title 10, United States Code, to make 

a technical and conforming amendment to Combat-Related Special 

Compensation, to bring that authority in line with the new military 

retirement system enacted in the National Defense Authorization 

Act for Fiscal Year 2016 (Public Law 114–92). 

The Senate bill contained a similar provision (sec. 634). 

The House recedes. 

Part II—Other Matters 

Use of member’s current pay grade and years of service and retired 

pay cost-of-living adjustments, rather than final retirement pay 

grade and years of service, in a division of property involving 

disposable retired pay (sec. 641) 

The Senate bill contained a provision (sec. 642) that would 

amend section 1408 of title 10, United States Code, to modify the 

division of military retired pay in a divorce decree to the amount 

the member would be entitled based upon the member’s pay grade 

and years of service at the time of the divorce rather than at the 

time of retirement with the spousal share of the retired pay computed on the retired pay as adjusted by the annual increases in 

military pay. 

The House amendment contained a similar provision (sec. 625) 

that would amend section 1408 of title 10, United States Code, to 

modify the division of military retired pay in a divorce decree to 

the amount the member would be entitled based upon the member’s pay grade and years of service at the time of the divorce. 

The House recedes with an amendment that would modify the 

division of military retired pay in a divorce decree to the amount 

the member would be entitled based upon the member’s pay grade 


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and years of service at the time of the divorce as adjusted by the 

annual retired pay cost-of-living adjustments between the date of 

the divorce decree and the date of retirement. The conferees note 

that this provision is prospective only and would not affect existing 

divorce settlements. 

Equal benefits under Survivor Benefit Plan for survivors of reserve 

component members who die in the line of duty during inactiveduty training (sec. 642) 

The House amendment contained a provision (sec. 624) that 

would amend section 1451(c)(1)(A) of title 10, United States Code, 

to eliminate the different treatment under the Survivor Benefit 

Plan accorded members of the reserve component who die from an 

injury or illness incurred or aggravated in the line of duty during 

inactive-duty training, as compared to the treatment of members of 

the Armed Forces who die in the line of duty while on Active Duty. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Authority to deduct Survivor Benefit Plan premiums from combatrelated special compensation when retired pay not sufficient 

(sec. 643) 

The Senate bill contained a provision (sec. 644) that would 

amend section 1452 of title 10, United States Code, to authorize 

the deduction of Survivor Benefit Plan (SBP) premiums from 

monthly combat related special compensation (CRSC) when retired 

pay is insufficient to cover the premiums. 

The House amendment contained no similar provision. 

The House recedes. 

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. 644) 

The Senate bill contained a provision (sec. 641) that would 

amend section 437 of title 37, United States Code, to expand the 

areas eligible for the allowance for covering monthly premiums for 

the Servicemembers’ Group Life Insurance to include any designated combat zone or an area directly supporting a designated 

combat zone. 

The House amendment contained no similar provision. 

The House recedes. 

Authority for payment of pay and allowances and retired and retainer pay pursuant to power of attorney (sec. 645) 

The Senate bill contained a provision (sec. 672) that would 

amend section 602 of title 37, United States Code, to authorize payment of certain pay and allowances of a servicemember or retired 

servicemember to an individual to whom the member has granted 

authority to manage these funds pursuant to a valid and legally executed durable power of attorney. This proposal would enable members to responsibly and proactively plan their personal affairs in 

the event of their incapacitation, and to allow those durable powers 


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of attorney to be recognized by the military departments and the 

Department of Defense. 

The House amendment contained no similar provision. 

The House recedes. 

Extension of authority to pay special survivor indemnity allowance 

under Survivor Benefit Plan (sec. 646) 

The Senate bill contained a provision (sec. 643) that would 

amend section 1450 of title 10, United States Code, to permanently 

extend the authority to pay the Special Survivor Indemnity Allowance (SSIA). 

The House amendment contained a provision (sec. 623) that 

would extend the authority to pay the SSIA for one year. 

The Senate recedes with an amendment that would extend the 

authority to pay the SSIA until May 31, 2018. 

Repeal of obsolete authority for combat-related injury rehabilitation 

pay (sec. 647) 

The Senate bill contained a provision (sec. 605) that would repeal section 328 of title 10, United States Code, relating to an obsolete authority for combat-related injury rehabilitation pay. 

The House amendment contained no similar provision. 

The House recedes. 

Independent assessment of the Survivor Benefit Plan (sec. 648) 

The Senate bill contained a provision (sec. 646) that would require the Secretary of Defense to provide for an independent assessment of the Department of Defense Survivor Benefit Plan 

(SBP) by a federally-funded research and development center 

(FFRDC). 

The House amendment contained no similar provision. 

The House recedes. 

Subtitle E—Commissary and Non-Appropriated Fund 

Instrumentality Benefits and Operations 

Protection and enhancement of access to and savings at commissaries and exchanges (sec. 661) 

The Senate bill contained a provision (sec. 661) that would 

amend sections 2481, 2483, 2484, and 2487 of title 10, United 

States Code, to require the Secretary of Defense to develop and implement a comprehensive strategy to optimize management practices across the defense commissary system and the exchange system that reduces their reliance on appropriated funding without reducing benefits to commissary patrons or revenues generated by 

non-appropriated fund entities. This provision would authorize the 

Secretary to carry out an alternative pricing program, evaluated 

against specific, measurable benchmarks and a documented baseline level of savings, within the defense commissary system to establish prices for goods and services in response to market conditions and customer demand. Furthermore, the provision would authorize the Secretary to convert the commissary system to a nonappropriated fund entity or instrumentality if the Secretary determines that the alternative pricing program met established benchVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 01100 Fmt 6601 Sfmt 6601 E:\HR\OC\HR840.XXX HR840

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marks for success for a period of at least 6 months. If conversion 

to a non-appropriated fund entity or instrumentality occurs, the 

Secretary would ensure that no employee of the defense commissary system, as of the date of enactment of this Act, would 

incur a loss or decrease in pay resulting from the conversion. This 

provision would also authorize the Secretary of Defense to establish 

common business processes, practices, and systems to optimize the 

operations of the entire defense resale system, including authorizing the use of appropriated and non-appropriated funds on contracts or agreements for the acquisition of common systems. Finally, the provision would authorize the Secretary to supplement 

appropriated funds for defense commissary system operations with 

additional funds derived from improved management practices and 

the alternative pricing program. 

The House amendment contained a provision (sec. 631) that 

would amend sections 2481(a) and (c), 2483(c), 2484, 2485, and 

2487 of title 10, United States Code, to authorize the Secretary of 

Defense to develop and implement a comprehensive strategy to: 1) 

optimize practices across the commissary and exchange systems to 

reduce the reliance of those systems on appropriated funds without 

reducing benefits to patrons or any revenues generated by non-appropriated fund entities or instrumentalities of the Department for 

the morale, welfare, and recreation of servicemembers; 2) authorize 

use of additional funds derived from improved management practices to supplement appropriated funds for commissary operations; 

3) authorize a variable pricing program whereby commissary prices 

may be established in response to market conditions and customer 

demand; 4) authorize conversion of the commissary system to a 

non-appropriated fund entity or instrumentality if the Secretary 

determines that the variable pricing program meets established 

benchmarks for success for a period of at least 6 months; and 5) 

authorize the Secretary to contract with an entity to obtain expert 

commercial advice, assistance, or other services not otherwise carried out by the Defense Commissary Agency. 

The Senate recedes. 

The conferees believe this provision will significantly improve 

the business operations of the commissary system and lead to 

greater efficiency in the delivery of high quality grocery products 

and services to commissary patrons without diminishing the current level of patron savings. The conferees remain concerned, however, that the current senior management of the Defense Commissary Agency may lack the necessary talent and skills to transform the commissary system into an efficient, high-performing purveyor of grocery products and services. The conferees strongly urge 

the Department to engage experts in the commercial grocery industry to assist the Defense Commissary Agency in the transformation 

of the commissary system into a high-performing grocery operation. 

Acceptance of Military Star Card at commissaries (sec. 662) 

The House amendment contained a provision (sec. 632) that 

would require the Secretary of Defense to ensure that commissary 

stores accept the Military Star Card as payment for goods and 

services. Under this provision, the Army and Air Force Exchange 

Service would assume any financial liability of the United States 


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relating to acceptance of the Military Star Card as payment for 

goods and services at commissary stores. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Subtitle F—Other Matters 

Recovery of amounts owed to the United States by members of the 

uniformed services (sec. 671) 

The House amendment contained a provision (sec. 642) that 

would amend section 1007(c)(3) of title 37, United States Code, to 

establish a 10-year statute of limitations on the authority of the 

government to collect an indebtedness to the government owed by 

a servicemember if the indebtedness occurred through no fault of 

the member. The statute of limitations established under this provision would apply to indebtedness incurred on or after October 1, 

2027. The provision would require the Director of the Defense Finance and Accounting Service to provide an annual report, commencing on January 1, 2017 and each year through 2027, on cases 

in which recovery of indebtedness commenced after the end of the 

10-year period beginning on the date when the indebtedness was 

incurred, or in which the member was not notified of the indebtedness during such 10-year period. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would direct the 

Secretary of Defense to conduct a review of all bonus pays, special 

pays, student loan repayments, and similar special payments paid 

to members of the California National Guard between January 1, 

2004 and December 31, 2015. The review is required to be completed by July 30, 2017. The provision requires a board of review 

designated by the Secretary of Defense to determine whether the 

special pay to these members and former members was unwarranted and, if so, to recommend to the Secretary concerned whether to recoup the payment, waive the recoupment, or in the case of 

recoupments that were previously collected but were unwarranted 

by the evidence, to recommend whether the payments should be repaid to the member or former member. The provision would authorize the Secretary concerned to waive collection of overpayments 

or to repay previously recouped payments that were unwarranted. 

The provision would require the Secretary concerned to notify consumer credit reporting agencies if the review determines that an 

indebtedness previously reported to the credit reporting agency was 

invalid. The funding for activities associated with the review, including repayments to members and former members, shall be paid 

from amounts available for the National Guard of the United 

States for the State of California. The provision requires the Secretary of Defense to submit a report on the results of the review 

to the Committees on Armed Services of the Senate and of the 

House of Representatives not later than August 1, 2017. The provision also requires the Comptroller General of the United States to 

report, not later than one year after the date of enactment of this 

Act, on the actions of the National Guard of the State of California 

related to the bonus pays, special pays, student loan repayments, 

and other special pays from 2004 through 2015. 


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Modification of flat rate per diem requirement for personnel on 

long-term temporary duty assignments (sec. 672) 

The Senate bill contained a provision (sec. 1151) that would require the Secretary of Defense to take such action as may be necessary to provide that, to the extent that regulations implementing 

travel and transportation authorities for military and civilian personnel of the Department of Defense impose a flat rate per diem 

for meals and incidental expenses for authorized travelers on long 

term temporary duty (TDY) assignments that is at a reduced rate 

compared to the per diem rate otherwise applicable, the Service 

Secretary concerned may waive the applicability of such reduced 

rate and pay such travelers actual expenses up to the full per diem 

rate for such travel in any case when the Secretary concerned determines that the reduced flat rate per diem for meals and incidental expenses is not sufficient under the circumstances of the 

TDY assignment. 

The House amendment contained a provision (sec. 603) that 

would prohibit the Secretary concerned from altering the per diem 

allowance for the duration of a temporary duty assignment of a 

member of the Armed Forces or an employee of the Department of 

Defense. 

The House recedes with a clarifying amendment. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Sense of the Congress on Roth contributions as default contributions 

of members of the Armed Forces participating in the Thrift Savings Plan under retired pay reform 

The Senate bill contained a provision (sec. 635) that would 

state the sense of the Congress that the Department of Defense 

should explore making the default contributions of a full Thrift 

Savings Plan member under the new military retirement plan enacted in the National Defense Authorization Act for Fiscal Year 

2016 (Public Law 114–92) to be designated as Roth contributions 

until the member elects not to designate such contributions as Roth 

contributions. 

The House amendment contained no similar provision. 

The Senate recedes. 

Sense of the Congress on options for members of the Armed Forces 

to designate payment of the death gratuity to a trust for a special needs individual 

The Senate bill contained a provision (sec. 645) that would express the Sense of the Congress that the Department of Defense 

should explore options to allow servicemembers to designate that, 

upon their death, the death gratuity may be paid to a trust that 

is legally established under any federal, state, or territorial law. 

The House amendment contained no similar provision. 

The Senate recedes. 

Period for relocation of spouses and dependents of certain members 

of the Armed Forces undergoing a permanent change of station 

The Senate bill contained a provision (sec. 622) that would add 

a new section 1784b of title 10, United States Code, to provide 


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greater flexibility for families to determine the sequencing of permanent change of station moves under certain circumstances. 

The House amendment contained no similar provision. 

The Senate recedes. 

The conferees direct the Secretary of Defense to submit a report to the Committees on Armed Services of the Senate and the 

House of Representatives no later than six months after the date 

of enactment of this Act on actions taken by the Department of Defense to enhance the stability of military families undergoing a permanent change of station (PCS). The report shall include an analysis of the current extent of family disruption associated with PCS 

moves of members of the Armed Forces, a description of the actions 

taken by the Department of Defense to minimize such disruptions, 

and further actions recommended by the Secretary of Defense to alleviate family disruption associated with a PCS move. 

TITLE VII—HEALTH CARE PROVISIONS

Subtitle A—Reform of Tricare and Military Health System 

TRICARE Select and other TRICARE Reform (sec. 701) 

The Senate bill contained a provision (sec. 701) that would 

amend chapter 55 of title 10, United States Code, to reform health 

care plans available under the TRICARE program. The provision 

would establish three health plan choices for families of ActiveDuty servicemembers, and retired military members and their families: 1) TRICARE Prime, a managed care option; 2) TRICARE 

Choice, a self-managed option; and 3) TRICARE Supplemental, an 

option for retired members and their families, other than 

TRICARE–For-Life beneficiaries, who have other health insurance. 

Beneficiaries would be required to enroll in one of the TRICARE 

options during an annual open enrollment period in order to obtain 

care through the TRICARE Program. 

Under this provision, the Department would offer TRICARE 

Prime in areas near military treatment facilities (MTFs). ActiveDuty family members would be authorized to enroll in TRICARE 

Prime, and there would be no cost shares. Retirees and their family 

members would be authorized to enroll in TRICARE Prime in areas 

where an MTF has a significant number of health care providers, 

including specialty providers, and sufficient capability to support 

efficient operations of the MTF. A TRICARE Prime enrollee would 

be required to obtain a referral for care from a designated primary 

care manager prior to obtaining care under the TRICARE program. 

A referral to network providers for specialty care services would 

not require a beneficiary to obtain a pre-authorization. The provision would require the Secretary to ensure that beneficiaries have 

the same level of access to care within timelines that meet or exceed those of high-performing health systems in the private sector. 

The provision would establish TRICARE Choice in other locations 

in the country, and beneficiaries may receive care from any health 

care provider selected by the member subject to any restrictions established by the Secretary. 

This provision would include a cost-share table for calendar 

year 2018 for both TRICARE Prime and TRICARE Choice that 


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would establish rates for annual enrollment fees, annual 

deductibles, annual catastrophic caps, and co-payments for inpatient visits, outpatient visits, and other services. The provision 

would gradually increase the annual enrollment fee for military retirees and their families under TRICARE Choice over a period of 

5 years through 2023. Subsequently, annual enrollment fees for 

military retirees and their families in TRICARE Choice after 2023, 

and for military retirees and their families under TRICARE Prime 

after 2018, would increase by the annual percent of the Consumer 

Price Index for Health Care Services, published by the Bureau of 

Labor Statistics. Additionally, the provision would increase the deductible, co-payment, and annual catastrophic cap amounts after 

2018, by the annual cost of living adjustment for military retired 

pay. The provision would authorize the Secretary to adopt special 

coverage and reimbursement methods, amounts, and procedures to 

encourage the use of high-value services and products and to discourage the use of low-value services and products. 

Under this provision, retirees and their family members with 

other health insurance would be authorized to enroll in the 

TRICARE Supplemental option. The provision would establish an 

annual enrollment fee that would be one-half of the fee for the 

TRICARE Choice option. Under TRICARE Supplemental, 

TRICARE would pay the deductible and co-payment amounts 

under the beneficiary’s primary health plan, not to exceed the 

amount TRICARE would have paid as primary payer to an out-ofnetwork provider. 

A number of existing TRICARE programs would remain unchanged under this provision: 1) Extended Health Care Option Program; 2) TRICARE Reserve Select; 3) TRICARE Retired Reserve; 

4) TRICARE Dental Program; and 5) the Continued Health Care 

Benefits Program. This provision would not affect the required 

cost-shares under the TRICARE Pharmacy Benefits Program, but 

the annual enrollment fee, annual deductible, and annual catastrophic cap established in this section would apply to the pharmacy program. With this provision, the cost-share requirements for 

remote area dependents would be the same as those established 

under the TRICARE Prime Option but without a referral requirement. 

The House amendment contained a provision (sec. 701) that 

would amend chapter 55 of title 10, United States Code, to establish TRICARE Preferred as the self-managed, preferred provider 

option in the TRICARE program, replacing TRICARE Standard 

and Extra. The provision would establish annual enrollment fees 

and fixed dollar co-payments for Active-Duty family members and 

retirees who join the Armed Services on or after January 1, 2018, 

and enroll in TRICARE Preferred or TRICARE Prime, the managed care option. In addition, the provision would authorize an annual enrollment fee for TRICARE Preferred for beneficiaries who 

were in either the Active-Duty or retired beneficiary categories 

prior to January 1, 2018. However, the provision would prohibit the 

Secretary from establishing this annual enrollment fee until 90 

days after the Comptroller General of the United States submits a 

report, not later than February 1, 2020, to the Committees on 

Armed Services of the Senate and the House of Representatives on 


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access to care, network adequacy, and beneficiary satisfaction 

under TRICARE Preferred. The provision would also require the 

Comptroller General, not later than September 1, 2017, to submit 

to the committees a report on the assessment of network adequacy 

and beneficiaries’ access to care under the TRICARE health care 

provider network. Finally, the provision would require the Secretary to submit an implementation plan, not later than June 1, 

2017, to the committees to improve access for TRICARE beneficiaries. The Comptroller General would be required to submit to 

the committees, not later than December 1, 2017, a review of the 

implementation plan submitted by the Secretary. 

The Senate recedes with an amendment that would: 1) rename 

the TRICARE Preferred health plan option to TRICARE Select; 2) 

modify the tables prescribing enrollment fees, deductibles, catastrophic caps, and co-payments for beneficiaries in the retired category who join the military on or after January 1, 2018, and to establish a calendar year enrollment period for those fees; 3) require 

the Secretary to establish an open enrollment period, with a grace 

period during the first year of open enrollment, and to allow enrollment for qualifying events for annual participation in either 

TRICARE Prime or TRICARE Select; 4) prescribe certain requirements for pre-authorization for referrals under TRICARE Prime; 

and 5) require a pilot program on incorporation of value-based 

health care methodology in the purchased care component of the 

TRICARE program. 

Reform of administration of the Defense Health Agency and military 

medical treatment facilities (sec. 702) 

The Senate bill contained a provision (sec. 721) that would require the Secretary of Defense to disestablish the medical departments of the Armed Forces and consolidate all activities of those 

departments into the Defense Health Agency. The Secretary could 

not undertake this action until 60 days after submission of the Department’s consolidation plan to the Committees on Armed Services of the Senate and the House of Representatives. The provision 

would also require the Comptroller General of the United States to 

review the consolidation plan and submit that review to the Committees on Armed Services of the Senate and the House of Representatives within 180 days after the Secretary submits the plan 

to the committees. Under this provision, the Defense Health Agency would be led by an officer of the Armed Forces holding the grade 

of lieutenant general or vice admiral and be responsible for the 

medical operations of the Department of Defense. The resultant 

Defense Health Agency would consist of four subordinate organizations: 1) an organization responsible for all military medical treatment facilities (MTFs); 2) an organization responsible for medical 

professional recruitment and retention activities, medical education 

and training, research and development activities, and executive 

agencies for medical operations or activities; 3) an organization responsible for activities and duties of the current Defense Health 

Agency; and 4) an organization responsible for activities and duties 

to improve and maintain operational medical force readiness capabilities and to ensure sustainment of combat casualty care and 

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eral or rear admiral upper half would serve as head of each subordinate organization. The provision would give broad authorities to 

the Director of the Defense Health Agency, under the supervision 

and control of the Assistant Secretary of Defense for Health Affairs, to conduct the medical operations functions of the Department. In addition, the provision would amend sections 3036, 5137, 

and 8036 of title 10, United States Code, to establish the duties 

and responsibilities of the Surgeons General of the Services as 

principal adviser to the service secretary and service chief as well 

as chief medical adviser of that service to the Defense Health Agency. Finally, the provision would require the Secretary of Defense to 

submit a report on consolidation, by January 1, 2017, to the Committees on Armed Services of the Senate and the House of Representatives. 

The House amendment contained a provision (sec. 702) that 

would amend chapter 55 of title 10, United States Code, to require 

the Defense Health Agency to become responsible for management 

of MTFs throughout the Department of Defense, while preserving 

the responsibility of MTF commanders for ensuring the readiness 

of members of the Armed Forces and civilian employees at MTFs 

and for providing health care services at MTFs. In carrying out this 

provision, the Defense Health Agency would establish an executivelevel management office consisting of professional health care administrators to manage health care operations, finance and budget, 

information technology, and medical affairs across all MTFs. This 

provision would direct the Secretary of Defense to submit an interim report to the congressional defense committees by March 1, 

2017, on the preliminary plan to implement these changes, and a 

final report by March 1, 2018. Finally, this provision would require 

the Comptroller General of the United States to review each of the 

Department’s plans and to submit an assessment of those plans to 

the congressional defense committees by September 1, 2017, and 

September 1, 2018, respectively. 

The Senate recedes with an amendment that would require the 

Director of the Defense Health Agency, beginning October 1, 2018, 

to take responsibility for the administration of each MTF, including 

all matters with respect to: 1) budget; 2) information technology; 3) 

health care administration and management; 4) administrative policy and procedure; 5) military medical construction and 6) any 

other matters the Secretary determines appropriate. The amendment would require the establishment of a professional staff within 

the Defense Health Agency to provide policy, oversight, and direction of all matters related to the administration of MTFs. In addition, the amendment would codify the roles and responsibilities of 

the Services’ Surgeons General. The amendment would require the 

Secretary to develop an implementation plan and to submit: 1) an 

interim report providing a preliminary draft of the plan to the 

Committees on Armed Services of the Senate and the House of 

Representatives by March 1, 2017; and 2) a final report to the committees by March 1, 2018, containing a final version of the plan. 

Finally, the amendment would require the Comptroller General of 

the United States to submit to the committees a review of the Department’s preliminary draft of the plan by September 1, 2017, and 

a review of the final version of the plan by September 1, 2018. 


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After careful study and deliberation, the conferees conclude 

that a single agency responsible for the administration of all MTFs 

would best improve and sustain operational medical force readiness 

and the medical readiness of the Armed Forces, improve beneficiaries’ access to care and the experience of care, improve health 

outcomes, and lower the total management cost of the military 

health system. The conferees believe that the current organizational structure of the military health system—essentially three 

separate health systems each managed by one of the three Services—paralyzes rapid decision-making and stifles innovation in producing a modern health care delivery system that would better 

serve all beneficiaries. A streamlined military health system management structure would eliminate redundancy and generate greater efficiency, yielding monetary savings to the Department while 

leading to true reform of the military health system and improving 

the experience of care for beneficiaries. 

Military medical treatment facilities (sec. 703) 

The Senate bill contained a provision (sec. 725) that would authorize the secretary of a military department to realign the infrastructure of or modify the health care services provided by a military treatment facility (MTF) if a realignment or modification 

would better: 1) ensure the delivery of safe, high quality health 

care services; 2) adapt the delivery of health care in a facility to 

rapid changes in private sector health care delivery models; or 3) 

maintain the medical force readiness skills and core competencies 

of health care providers in a facility. Before taking any action 

under this provision, the Secretary of Defense would be required to 

submit a report to the Committees on Armed Services of the Senate 

and the House of Representatives on proposed realignments of infrastructure or modifications of health care services at MTFs. Within 60 days after the Secretary submits a report under this provision, the Comptroller General of the United States would submit 

a review of such report to the Committees on Armed Services of the 

Senate and the House of Representatives. 

The Senate bill also contained a provision (sec. 729) that would 

require the Secretary of Defense to establish regional centers of excellence for the provision of specialty care to covered beneficiaries 

at major medical centers of the Department of Defense. The provision would authorize the Secretary to establish satellite centers, 

when and where appropriate, particularly to provide specialty care 

for post-traumatic stress and traumatic brain injury. Furthermore, 

the provision would specify the types of centers of excellence that 

the Secretary could establish while allowing for the establishment 

of additional centers when appropriate. The centers of excellence 

established under this provision would serve as the primary 

sources for specialty care within the direct care health system, and 

health care providers throughout the system would refer beneficiaries to those facilities. The provision would require the Secretary to submit a report to the Committees on Armed Services of 

the Senate and the House of Representatives, within 180 days of 

the date of enactment of this Act, which provides a plan to establish specialty care centers of excellence in the military health system. 


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The House amendment contained a provision (sec. 703) that 

would amend chapter 55 of title 10, United States Code, to establish the requirements for the types of MTFs needed to support the 

medical readiness of the Armed Forces and the readiness of medical personnel. The provision would require the Secretary of Defense, in collaboration with the secretaries of the military departments, to submit an updated Military Health System Modernization Study report to the congressional defense committees within 

270 days after the date of enactment of this Act. In addition, the 

provision would require the Secretary to submit, within 2 years 

after the date of enactment of this Act, an implementation plan to 

restructure or realign the MTFs in accordance with section 1079d 

of title 10, United States Code. 

The Senate recedes with an amendment that would combine 

these provisions. 

Access to urgent and primary care under TRICARE program (sec. 

704) 

The House amendment contained a provision (sec. 704) that 

would amend chapter 55 of title 10, United States Code, to require 

the Secretary of Defense, within 1 year of the date of enactment 

of this Act, to improve access to urgent care services in both military medical treatment facilities (MTFs) and the private sector. 

The provision would ensure that covered beneficiaries have access 

to urgent care services through the health care provider network 

under the TRICARE program, without the need for 

preauthorization, in areas where no MTFs exist for those services. 

Finally, this provision would require the Secretary of Defense to 

ensure that the nurse advice line of the Department directs covered 

beneficiaries seeking access to health care services to the most appropriate level of care required to treat medical conditions of beneficiaries, including urgent care services. 

The House amendment also contained a provision (sec. 705) 

that would amend section 1077a of title 10, United States Code, to 

require the Secretary of Defense, within 180 days of the date of enactment of this Act, to ensure the availability of primary care services for members of the Armed Forces and covered beneficiaries 

during expanded business hours on weekdays and weekends, based 

on the needs of the MTF to meet access standards under the 

TRICARE Prime program and the primary care utilization patterns 

at the MTF. 

The Senate bill contained no similar provisions. 

The Senate recedes with an amendment that would combine 

these provisions. 

Value-based purchasing and acquisition of managed care support 

contracts for TRICARE program (sec. 705) 

The Senate bill contained a provision (sec. 726) that would require the Secretary of Defense to conduct a new competition of all 

medical support contracts, except the overseas medical support contract, with private sector entities under the TRICARE program by 

January 1, 2018, upon expiration of each such contract. New contracts would be competitively procured and automatically renewable for a period of not more than 10 years unless notice for termiVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 01109 Fmt 6601 Sfmt 6601 E:\HR\OC\HR840.XXX HR840

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nation is provided by either party not later than 180 days before 

contract termination. The Department would award contracts with 

a combination of local, regional and national private sector entities 

to develop individual and institutional networks of high-performing 

health care providers. The Secretary could not exercise an option 

to extend an existing medical support contract with a private sector 

entity that would delay the award of a new contract. Within 1 year 

of the award of new medical support contracts, the Secretary would 

be required to issue an open broad agency announcement to allow 

potential contractors to propose innovative ideas and solutions to 

meet the medical support contract needs of the Department. A 

medical support contract awarded through the open broad agency 

announcement would be deemed to meet the requirements under 

section 2304 of title 10, United States Code, relating to use of competitive procedures to procure services. For new medical support 

contracts, the Department would be required to include, to the extent practicable: 1) maximum flexibility in network design and development; 2) integrated medical management between military 

medical treatment facilities and network providers; 3) maximum 

use of the full range of telehealth services; 4) use of value-based 

reimbursement methods that transfer financial risk to health care 

providers and medical support contractors; 5) use of prevention and 

wellness incentives to encourage beneficiaries to seek health care 

services from high-value providers; 6) a streamlined enrollment 

process and timely assignment of primary care managers; 7) elimination of the requirement to seek authorization of referrals for specialty care services; 8) the use of incentives to encourage certain 

beneficiaries to engage in medical and lifestyle intervention programs; and 9) the use of financial incentives for contractors and 

health care providers to receive an equitable share in cost savings 

resulting from improvement in health outcomes and the experience 

of care for beneficiaries. In establishing new medical support contracts, the provision would require the Secretary to: 1) assess the 

unique characteristics of providing health care services in rural, remote, or isolated locations, such as Alaska, Hawaii, and locations 

in the contiguous 48 states; 2) consider the various challenges inherent in developing robust provider networks in those locations; 

and 3) develop a provider reimbursement rate structure in those locations that ensures timely access to care, high quality primary 

and specialty care, and improvement in health outcomes. Additionally, the Secretary could not modify existing medical support contracts or enter into new contracts in rural, remote, or isolated locations until the Secretary certifies to the Committees on Armed 

Services of the Senate and the House of Representatives that those 

contracts would ensure timely access to care, high quality care, better health outcomes, and a better experience of care. The provision 

would also require the Comptroller General of the United States to 

submit a report, by January 1, 2019, that assesses the compliance 

of the Secretary with the requirements of this section. 

The Senate bill contained another provision (sec. 727) that 

would authorize the Secretary of Defense to enter into contracts to 

provide health care, including behavioral health care, to covered 

beneficiaries under the TRICARE program with any of the following: 1) the Department of Veterans Affairs; 2) an Indian tribe 


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or tribal organization that is party to the Alaska Native Health 

Compact with the Indian Health Service; and 3) an Indian tribe or 

tribal organization that has entered into a contract with the Indian 

Health Service to provide health care in rural Alaska or other locations in the United States. 

The House amendment contained a provision (sec. 706) that 

would authorize the Secretary of Defense to develop and implement 

value-based incentive programs as part of TRICARE contracts to 

encourage health care providers under the TRICARE program to 

improve the quality of care and the experience of care for covered 

beneficiaries. The provision would require the Secretary to brief the 

Committees on Armed Services of the Senate and the House of 

Representatives on the implementation plan not later than 60 days 

before the Secretary modifies a TRICARE contract to implement a 

value-based incentive program. Furthermore, the provision would 

require the Secretary to brief the committees, and any other appropriate congressional committees, within 1 year after implementation and annually through 2022, on the quality performance 

metrics and expenditures related to the incentive program. 

The House recedes with an amendment that would require the 

Secretary of Defense to develop and implement value-based incentive programs as part of any contract awarded under chapter 55 of 

title 10, United States Code, for the provision of health care services to covered beneficiaries. The amendment would transfer contracting responsibility for the acquisition of managed care support 

contracts under the TRICARE program, initiated after the date of 

enactment of this Act, from the Defense Health Agency to the 

Under Secretary of Defense for Acquisition, Technology, and Logistics. The amendment would require the Secretary to develop and 

implement, by January 1, 2018, a new acquisition strategy for 

managed care support contracts under the TRICARE program and 

to modify contracts existing prior to implementation of this strategy to ensure consistency with the strategy. 

The conferees remain concerned about the current acquisition 

strategy for managed care support contracts under the TRICARE 

program. The Department’s current contract strategy results in 

routine bid protests, implementation delays, high management 

costs, and costly contract extensions. Under those contracts, the 

Department remains solely at risk for the cost of all healthcare 

services provided, and the adherence to fee-for-service provider reimbursement fails to encourage individual and institutional network providers to provide higher quality care, better access to care, 

and higher patient satisfaction at lower costs to the Department. 

As a result, the conferees believe it is necessary to transfer contracting responsibility for the acquisition of managed care support 

contracts under the TRICARE program to the Under Secretary of 

Defense for Acquisition, Technology, and Logistics. 

Establishment of high performance military-civilian integrated 

health delivery systems (sec. 706) 

The Senate bill contained a provision (sec. 736) that would require the Secretary of Defense, by January 1, 2018, to establish 

high performance military-civilian integrated health delivery systems through partnerships with other health systems, including 


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local or regional health systems in the private sector, and the Veterans Health Administration. The Department of Defense would 

accomplish these partnerships either through memoranda of understanding or contracts between military treatment facilities and private sector health systems, such as health maintenance organizations, regional health organizations, integrated health systems, and 

health care centers of excellence, or the Veterans Health Administration. Under this provision, covered beneficiaries would be eligible to enroll in and receive medical services in the private sector 

component of established military-civilian integrated health networks. The Secretary of Defense would be required to incorporate 

value-based reimbursement methodologies into any memoranda of 

understanding or contracts to reimburse private sector entities for 

medical services provided to covered beneficiaries. 

The House amendment contained a provision (sec. 707) that 

would amend section 1096 of title 10, United States Code, to authorize the Secretary of Defense to enter into partnership agreements between military treatment facilities and local or regional 

health care systems to deliver health care to beneficiaries in a 

more effective, efficient, or economical manner and provide members of the Armed Forces with additional training opportunities to 

maintain operational medical force readiness. 

The House recedes with a clarifying amendment. 

Joint Trauma System (sec. 707) 

The House amendment contained a provision (sec. 708) that 

would require the Secretary of Defense to submit an implementation plan, within 180 days of enactment of this Act, to the Committees on Armed Services of the Senate and the House of Representatives to establish a Joint Trauma System within the Defense 

Health Agency that promotes improved trauma care to members of 

the Armed Forces and other individuals eligible for trauma care at 

a military medical treatment facility (MTF). The Secretary would 

not implement this plan until a 90-day period has elapsed following 

the date that the Comptroller General of the United States provides a review of the plan to the committees. The Comptroller General would have 120 days to review the plan. Under this provision, 

the Joint Trauma System would: 1) serve as the reference body for 

all trauma care provided across the military health system; 2) establish standards of care for trauma services provided at MTFs; 3) 

coordinate the translation of research from centers of excellence of 

the Department into clinical trauma care standards; and 4) coordinate the incorporation of lessons learned from military-civilian 

trauma education and training partnerships into clinical practice. 

The provision would also authorize the Secretary to seek to enter 

into an agreement with a nongovernmental entity to conduct a system-wide review of the military trauma system. 

The Senate bill contained no similar provision. 

The Senate recedes with a clarifying amendment. 

Joint Trauma Education and Training Directorate (sec. 708) 

The Senate bill contained a provision (sec. 734) that would require the Secretary of Defense to implement measures to improve 

and maintain the combat casualty care and trauma care skills for 


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health care providers of the Department of Defense by January 1, 

2018. The provision would require the Secretary to: 1) conduct a 

comprehensive review of combat casualty care and wartime trauma 

systems from January 1, 2001, to the present time; 2) expand military-civilian trauma training sites to provide enhanced training for 

integrated combat trauma teams; 3) establish a personnel management plan for important wartime medical specialties; 4) develop 

standardized tactical combat casualty care instructions and training for all servicemembers; 5) develop a comprehensive trauma 

care registry; 6) develop quality of care outcome measures for combat casualty care; and 7) conduct research to understand better the 

causes of morbidity and mortality of servicemembers in combat. 

The House amendment contained a provision (Sec. 709) that 

would require the Secretary of Defense to establish a Joint Trauma 

Education and Training Directorate to ensure military 

traumatologists maintain readiness skills and can be rapidly deployed in future armed conflicts. Under this provision, the Secretary would establish enduring partnerships with civilian academic medical centers and large metropolitan teaching hospitals 

with level one trauma centers to embed combat casualty care 

teams, led by military traumatologists, within trauma centers of 

medical centers and hospitals. The provision would require the Secretary to conduct an analysis to determine the number of military 

traumatologists, by specialty, that the Department of Defense 

needs to meet combatant commander requirements. Finally, this 

provision would require the Secretary to submit an implementation 

plan to the Committees on Armed Services of the Senate and the 

House of Representatives by July 1, 2017. 

The Senate recedes with an amendment that would combine 

these two provisions. 

Standardized system for scheduling medical appointments at military treatment facilities (sec. 709) 

The Senate bill contained a provision (sec. 732) that would require the Secretary of Defense to implement, by January 1, 2018, 

a standardized medical appointment scheduling system at military 

treatment facilities (MTFs) throughout the military health system. 

Under this provision, no MTF would have the authority to use an 

appointment scheduling system other than the standardized system. Each MTF would make available a centralized appointment 

system that allows beneficiaries to make appointments, either by 

telephone or by an internet-connected device, including by 

smartphone application, through an online scheduling system 

available 24 hours per day, 7 days per week. The online appointment system would be able to send automated email and text message reminders to patients. 

The House amendment contained a provision (sec. 710) that 

would require the Secretary of Defense to ensure that military 

treatment facilities implement: 1) first call resolution for beneficiaries contacting the facility by telephone; 2) standardized appointment scheduling that includes capabilities to schedule followup appointments within a 6-month period or longer from the date 

of the appointment request and to remind beneficiaries of future 

appointments; 3) increased provider productivity standards to imVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 01113 Fmt 6601 Sfmt 6601 E:\HR\OC\HR840.XXX HR840

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prove access to care and medical readiness requirements; and 4) 

maximum use of telehealth and secure messaging between beneficiaries and health care providers. This provision would require 

the Secretary to implement the requirements by February 1, 2017, 

and provide a briefing on implementation to the Committees on 

Armed Services of the Senate and the House of Representatives by 

March 1, 2017. 

The House recedes with an amendment that would require the 

Secretary of Defense to: 1) implement a standardized appointment 

system in the military health system by January 1, 2018, and provide to the Committees on Armed Services of the Senate and the 

House of Representatives, by January 1, 2017, a comprehensive 

plan to implement the system; 2) implement standards for productivity of health care providers at MTFs; and 3) submit a report to 

the committees, by March 1 of each year, on the total number of 

missed appointments at MTFs for which a covered beneficiary 

failed to appear without prior notification during the 1-year period 

preceding the submission of the report. Additionally, the provision 

would require the Secretary to brief the committees on implementation of the standardized appointment system and health care provider productivity standards by February 1, 2018. 

Subtitle B—Other Health Care Benefits 

Extended TRICARE program coverage for certain members of the 

National Guard and dependents during certain disaster response duty (sec. 711) 

The House amendment contained a provision (sec. 722) that 

would amend chapter 55 of title 10, United States Code, to extend 

TRICARE program coverage for certain members of the National 

Guard and dependents performing certain disaster response duty if 

the period immediately follows a period of full-time National Guard 

duty. Under this provision, a member would not receive extended 

TRICARE program coverage if a governor of a state or the mayor 

of the District of Columbia (DC) determines that such coverage is 

not in the best interest of the member, state, or DC. This provision 

would authorize the Secretary of Defense to charge a state or DC 

for the costs of providing extended TRICARE program coverage to 

members of the National Guard and their dependents. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that provides discretionary authority to extend TRICARE program coverage for certain 

members of the National Guard and dependents performing certain 

disaster response duty if the period immediately follows a period 

of full-time National Guard duty. Additionally, the amendment 

would require the Secretary of Defense to charge a state or DC for 

the costs of providing extended TRICARE program coverage to 

members of the National Guard and their dependents if such coverage is extended. 

Continuity of health care coverage for reserve components (sec. 712) 

The Senate bill contained a provision (sec. 707) that would authorize the Secretary of Defense to carry out a pilot program jointly 

with the Director of the Office of Personnel Management (Director), 


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of at least 5 years duration, to provide commercial health insurance 

coverage to eligible reserve component members who enroll for either individual, self plus one, or self and family coverage. If the 

Secretary and the Director determine that a pilot program is feasible, the Director would contract with qualified health insurance 

carriers to provide eligible beneficiaries with a variety of high quality health benefits plans, which could vary by plan design, covered 

benefits, geography, and price. Reserve component members and 

their family members would not be eligible to enroll in a health 

plan in the pilot program if they are eligible to enroll in a health 

benefits plan under the Federal Employees Health Benefits Program. 

Under the pilot program, the Secretary could contract with 

qualified health insurance carriers to provide coverage for health 

care services provided at military treatment facilities to pilot program participants, and the Department would receive payment 

from those carriers for any services provided at those facilities. 

Family members of an eligible reserve component member could remain covered under the pilot program even when the reserve component member became ineligible for coverage while serving on Active Duty for a period greater than 30 days. 

In addition, an eligible reserve component member would be 

responsible for payment of all cost sharing amounts applicable to 

the health benefits plan plus an annual premium amount equal to 

28 percent of the total annual amount of the premium under the 

plan. During a period in which a reserve component member 

served on Active Duty for more than 30 days, the premium amount 

and cost shares would be zero for eligible family members. 

In consultation with the Secretary of Homeland Security, the 

Secretary would provide recommendations and data to the Director 

on matters regarding military treatment facilities, matters unique 

to eligible reserve component members and their families, and any 

other guidance necessary to administer the pilot program. The Secretary and the Director would jointly establish a funding mechanism for the pilot program, and the Secretary would make funds 

available to the Director, without fiscal year limitation, for payment of health plan costs and administrative expenses. 

The House amendment contained a provision (sec. 712) that 

would require the Secretary of Defense to study options for providing health care coverage to certain current and former members 

of the Selected Reserve and to submit a report of the findings and 

recommendations to the congressional defense committees within 

180 days of the date of enactment of this Act. 

The Senate recedes with an amendment that would combine 

these provisions. The resultant provision would require the Director to submit to the Secretary of Defense, on an annual basis during each year the pilot program may be conducted, information on 

the use of health care benefits under the pilot program. The provision would also require the Secretary to submit an initial and a 

final report on the pilot program to the Committees on Armed 

Services of the Senate and the House of Representatives. Finally, 

the provision would clarify the elements required in the study of 

options for providing health care coverage that improves the conVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 01115 Fmt 6601 Sfmt 6601 E:\HR\OC\HR840.XXX HR840

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tinuity of health care provided to certain current and former members of the Selected Reserve. 

Provision of hearing aids to dependents of retired members (sec. 

713) 

The House amendment contained a provision (sec. 721) that 

would amend section 1077 of title 10, United States Code, to authorize the Secretary of Defense to sell hearing aids to dependents 

of retired members of the uniformed services. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Coverage of medically necessary food and vitamins for certain conditions under the TRICARE program (sec. 714) 

The Senate bill contained a provision (sec. 704) that would 

amend section 1077 of title 10, United States Code, to provide 

TRICARE program coverage for medically necessary food, including 

the equipment and supplies necessary to administer that food, and 

vitamins for digestive disorders and inherited metabolic disorders. 

The House amendment contained no similar provision. 

The House recedes with a clarifying amendment. 

Eligibility of certain beneficiaries under the TRICARE program for 

participation in the Federal Employees Dental and Vision Insurance Program (sec. 715) 

The Senate bill contained a provision (sec. 703) that would 

amend sections 8951 and 8981 of title 5, United States Code, to require the Secretary of Defense to enter into an agreement with the 

Director of the Office of Personnel Management to offer eligible 

beneficiaries the opportunity to purchase dental and vision insurance currently available to federal employees under the Federal 

Employees Dental and Vision Insurance Program. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would make this 

provision effective on or after January 1, 2018. 

Applied behavior analysis (sec. 716) 

The Senate bill contained a provision (sec. 758) that would require the Secretary of Defense, on the date of enactment of this 

Act, to reinstate the reimbursement rates in effect on March 1, 

2016, for the provision of applied behavior analysis therapy and to 

preserve those rates throughout the duration of the Comprehensive 

Autism Care Demonstration program conducted under section 705 

of the National Defense Authorization Act for Fiscal Year 2013 

(Public Law 112–239; 10 U.S.C. 1092 note), as extended and modified by the Secretary. 

The House amendment contained a provision (sec. 734) that 

would require the Secretary to ensure that the reimbursement 

rates for providers of applied behavior analysis are not less than 

the rates in effect on March 31, 2016. The provision would require 

the Assistant Secretary of Defense for Health Affairs, upon completion of the demonstration, to conduct an analysis of the program 

and to submit a report to the Committees on Armed Services of the 

Senate and the House of Representatives. 


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The Senate recedes with an amendment that would require the 

analysis to include a determination of whether the use of applied 

behavioral analysis under the demonstration improved outcomes 

for beneficiaries with autism spectrum disorder. 

Evaluation and treatment of veterans and civilians at military 

treatment facilities (sec. 717) 

The Senate bill contained a provision (sec. 706) that would authorize a veteran or civilian to be evaluated and treated at a military treatment facility (MTF) if the Secretary of Defense determines that: 1) the evaluation and treatment of the individual is 

necessary to maintain the medical readiness skills and competencies of health care providers at the facility; 2) health care providers at the facility have the competencies, skills, and abilities to 

treat the individual; and 3) the facility has available space, equipment, and materials. The provision would authorize an MTF to bill 

and accept reimbursement for services provided to a civilian patient. Under this provision, the Secretary of Defense would be required to enter into a memorandum of understanding with the Secretary of Veterans Affairs whereby the Secretary of Veterans Affairs would reimburse an MTF for the costs of any health care services provided to individuals eligible for health care services from 

the Department of Veterans Affairs (VA). 

The House amendment contained no similar provision. 

The House recedes with an amendment that would: 1) 

prioritize the evaluation and treatment of covered beneficiaries in 

MTFs ahead of the evaluation and treatment of veterans and civilians in those facilities; 2) require an MTF to bill and to accept reimbursement from a civilian or a third-party payer on behalf of the 

individual for the costs of health care services provided to the individual; and 3) require the Secretary of Defense to enter into a 

memorandum of agreement with the Secretary of Veterans Affairs 

under which the Secretary of Veterans Affairs would reimburse an 

MTF, using a prospective payment methodology, for the costs of 

any health care services provided to an individual eligible for 

health care services from the VA. 

Enhancement of use of telehealth services in military health system 

(sec. 718) 

The Senate bill contained a provision (sec. 705) that would require the Secretary of Defense, within 1 year of the date of enactment of this Act, to incorporate the use of telehealth services 

throughout the direct and purchased care components of the military health system. The provision would require the Department to 

make telehealth services available to: 1) improve access to primary 

care, urgent care, behavioral health care, and specialty care; 2) perform health assessments; 3) provide diagnoses, treatments, interventions, and supervision; 4) monitor individual health outcomes of 

covered beneficiaries with chronic diseases or conditions; 5) improve communication between health care providers and patients; 

and 6) reduce health care costs for beneficiaries and the Department of Defense. 

The provision would require the Secretary to establish standardized payment methods to reimburse health care providers for 


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telehealth services provided to covered beneficiaries in the purchased care component of the TRICARE program to incentivize the 

provision of telehealth services. The provision would also require 

the Secretary to reduce or eliminate co-payments or cost-shares for 

covered beneficiaries for receipt of telehealth services. 

The provision would require the Secretary to submit an initial 

report, within 180 days of the date of enactment of this Act, to the 

Committees on Armed Services of the Senate and the House of 

Representatives, describing the full range of telehealth services to 

be available in the direct and purchased care components of the 

military health system. Within 3 years after the date of incorporation of telehealth services throughout the military health system, 

the Secretary would be required to submit a final report to the 

committees describing the impact made by use of telehealth services in the direct and purchased care components of the military 

health system. 

The House amendment contained no similar provision. 

The House recedes with a clarifying amendment that would require the implementation of the use of telehealth services throughout the direct and purchased care components of the military 

health system not later than 18 months after the date of enactment 

of this Act and would delete the requirement that the location of 

the provider be considered to be the location of care. 

Authorization of reimbursement by Department of Defense to entities 

carrying out state vaccination programs for costs of vaccines 

provided to covered beneficiaries (sec. 719) 

The Senate bill contained a provision (sec. 757) that would authorize the Secretary of Defense to reimburse an entity carrying 

out a state vaccination program for the cost of providing vaccines 

to covered beneficiaries. Under this provision, the amount of reimbursement could not exceed the amount that the Department 

would reimburse an entity for providing vaccines to covered beneficiaries under the TRICARE program. 

The House amendment contained no similar provision. 

The House recedes with a clarifying amendment. 

Subtitle C—Health Care Administration 

Authority to convert military medical and dental positions to civilian medical and dental positions (sec. 721) 

The Senate bill contained a provision (sec. 724) that would 

amend chapter 49 of title 10, United States Code, to authorize the 

Department of Defense to convert military medical and dental positions to civilian positions if: 1) conversion would not result in a loss 

of a military-essential position; 2) conversion would not result in 

degradation of medical care or the medical readiness of the Armed 

Forces; and 3) conversion to a civilian position would be more cost 

effective. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would require the 

Secretary of Defense, in collaboration with the service secretaries, 

to establish a process to define military medical and dental personnel requirements necessary to meet operational medical force 


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readiness requirements. The amendment would authorize conversion of a military medical or dental position to a civilian medical 

or dental position if the Secretary determines that the position is 

unnecessary to meet operational medical force readiness requirements. Additionally, the amendment would require the Secretary to 

convert an applicable military position to a civilian position with a 

level of compensation commensurate with the skills and experience 

necessary to conduct the duties of the civilian position. The Secretary would not be authorized to place any limitation on the grade 

or level to which the military position would be converted. Finally, 

the amendment would require the Secretary to submit a report, 

within 90 days of enactment of this Act, to the Committees on 

Armed Services of the Senate and the House of Representatives 

that: 1) describes the process established to define military medical 

and dental personnel requirements necessary to meet operational 

medical force readiness requirements; and 2) provides a complete 

list, by position, of the military medical and dental requirements 

necessary to meet operational medical force readiness requirements. The amendment would not authorize conversions of military 

medical or dental positions to civilian positions until 180 days after 

the date on which the Secretary submits the report to the committees. 

Prospective payment of funds necessary to provide medical care for 

the Coast Guard (sec. 722) 

The House amendment contained a provision (sec. 731) that 

would amend chapter 13 of title 14, United States Code, to require 

the Secretary of Homeland Security to make a prospective payment 

to the Secretary of Defense of an amount that represents the actuarial valuation of medical treatment or care provided to members 

of the Coast Guard, former members of the Coast Guard, and their 

dependents at facilities under the jurisdiction of the Department of 

Defense except during any period in which the Coast Guard operates as a service in the Navy. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Reduction of administrative requirements relating to automatic renewal of enrollments in TRICARE Prime (sec. 723) 

The Senate bill contained a provision (sec. 739) that would 

eliminate an annual requirement that the managed care support 

contractors under the TRICARE program generate and mail an enrollment renewal letter to all beneficiaries enrolled in TRICARE 

Prime. 

The House amendment contained no similar provision. 

The House recedes. 

Modification of authority of Uniformed Services University of the 

Health Sciences to include undergraduate and other medical 

education and training programs (sec. 724) 

The Senate bill contained a provision (sec. 753) that would 

amend sections 2112(a) and 2113 of title 10, United States Code, 

to authorize the Uniformed Services University of the Health 


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Sciences to grant certificates, certification, and undergraduate degree programs in addition to advanced degrees. 

The House amendment contained no similar provision. 

The House recedes. 

Adjustment of medical services, personnel authorized strengths, and 

infrastructure in military health system to maintain readiness 

and core competencies of health care providers (sec. 725) 

The Senate bill contained a provision (sec. 735) that would require the Secretary of Defense to implement measures, within 180 

days of the date of enactment of this Act, to maintain the critical 

wartime medical readiness skills and core competencies of health 

care providers within the Armed Forces. The provision would require the Secretary to implement a measure to ensure the Services 

do not substitute a medical specialty required for medical force 

readiness with another medical specialty. Additionally, the provision would require the Secretary to: 1) modify medical services; 2) 

reduce authorized strengths of military and civilian personnel; and 

3) reduce or eliminate unnecessary infrastructure in the military 

health system such that military treatment facilities would provide 

only those services required to maintain the critical wartime medical skills and core competencies of health care providers and to ensure the medical readiness of the Armed Forces. Moreover, this 

provision would require the Comptroller General of the United 

States to provide a report, within 18 months of the date of enactment of this Act, which assesses the Department’s implementation 

of this provision, to the Committees on Armed Services of the Senate and the House of Representatives. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would require the 

Secretary to implement measures, within 1 year of the date of enactment of this Act, to maintain the critical wartime medical readiness skills and core competencies of health care providers within 

the Armed Forces. In implementing those measures, the Secretary 

must ensure that the medical services provided in military medical 

treatment facilities (MTFs), the authorized strengths of military 

and civilian personnel working in MTFs, and the infrastructure of 

MTFs maintain the critical wartime medical readiness skills and 

core competencies of health care providers within the Armed 

Forces. The amendment would not require the Secretary to implement any of these measures at MTFs located in a foreign country 

if the Secretary determines that beneficiaries in that country would 

not have access to medical services in that country similar to access to medical services for covered beneficiaries in the United 

States. 

Program to eliminate variability in health outcomes and improve 

quality of health care services delivered in military medical 

treatment facilities (sec. 726) 

The Senate bill contained a provision (sec. 730) that would require the Secretary of Defense to conduct a program, beginning not 

later than January 1, 2018, to: 1) establish best practices for the 

delivery of health care services for certain diseases or conditions at 

military treatment facilities (MTFs); 2) incorporate those best pracVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 01120 Fmt 6601 Sfmt 6601 E:\HR\OC\HR840.XXX HR840

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tices into the daily operations of MTFs participating in the program; and 3) eliminate variability in health outcomes and improve 

the quality of health care services delivered at MTFs. Under this 

provision, the Secretary would conduct the program in three phases 

and be required to complete each phase within 180 days following 

initiation of that phase. The initiation of phases two and three 

would immediately follow completion of the previous phase. The 

provision would require the Secretary, during the conduct of the 

program, to continuously monitor and adjust the health care services delivered at MTFs and the number of patients enrolled at 

those facilities to ensure: 1) a high degree of safety and quality in 

the delivery of health care at those facilities; and 2) the delivery 

of only those health care services critical for maintaining operational medical force readiness and the medical readiness of the 

Armed Forces. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would require the 

Secretary, by January 1, 2018, to implement a program to establish 

best practices for the delivery of health care services for certain 

diseases or conditions at MTFs, as selected by the Secretary, and 

to incorporate those best practices into the daily operations of 

MTFs to eliminate variability in health outcomes and to improve 

the quality of care at MTFs. In conducting this program, the Secretary shall develop, implement, monitor, and update clinical practice guidelines reflecting best practices for the delivery of health 

care services. The amendment would require the Secretary to monitor the implementation of the clinical practice guidelines and to 

update those guidelines periodically through a process of continual 

assessment of evidence-based best practices within the direct care 

component of the military health system and the private sector. 

Acquisition strategy for health care professional staffing services 

(sec. 727) 

The Senate bill contained a provision (sec. 738) that would 

amend section 725(a) of the Carl Levin and Howard P. ‘‘Buck’’ 

McKeon National Defense Authorization Act for Fiscal Year 2015 

(Public Law 113–291), to require the Department of Defense to implement a performance-based, strategic sourcing contract for acquiring health care professional staffing services for the military 

health system. The provision would require all components of the 

military health system to use the contract, and the Department 

would be required to develop a process for obtaining a waiver, 

based on documented rationale, to use another contract or acquisition approach. 

The Senate bill also contained a provision (sec. 737) that would 

require the Secretary of Defense to enter into centrally-managed, 

performance-based contracts with private sector entities to augment the delivery of health care services at military treatment facilities (MTFs) with limited or restricted ability to provide services 

such as primary care or expanded-hours urgent care. Under this 

provision, contracts would be designed to purchase improvement in 

health outcomes for covered beneficiaries seeking health care services in MTFs. This provision would require the Secretary to submit 

a plan to the Committees on Armed Services of the Senate and the 


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House of Representatives, within 180 days of enactment of this Act, 

that includes: 1) a description of the number and types of contracts 

the Secretary intends to procure; and 2) a description of the performance measures used in procuring performance-based contracts. 

The House amendment contained no similar provisions. 

The House recedes with an amendment that would combine 

these provisions. The amendment would require the Secretary of 

Defense to develop and carry out a performance-based, strategic 

sourcing acquisition strategy for health care professional services 

at MTFs located in a state. The new acquisition strategy, as developed by the Secretary, would require all MTFs to use the contracts 

awarded under the strategy, but it would provide a process for an 

MTF to obtain a waiver of this requirement to use another acquisition strategy. The amendment would require the Secretary to submit a report to the Committees on Armed Services of the Senate 

and the House of Representatives, by July 1, 2017, on the status 

of implementing the new acquisition strategy. Finally, the amendment would repeal section 725 of the Carl Levin and Howard P. 

‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 

2015 (Public Law 113–291; 10 U.S.C. 1091 note). 

Adoption of core quality performance metrics (sec. 728) 

The House amendment contained a provision (sec. 711) that 

would require the Secretary of Defense to adopt the core quality 

performance measures agreed upon by a collaborative group of federal agencies, private sector health insurance plans, national physician organizations, employers, and health care consumers. These 

core quality performance measures would be used to evaluate the 

performance of the direct care and purchased care components of 

the military health system. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would include in 

the core quality metrics such other sets of core quality performance 

metrics released by the Core Quality Measures Collaborative as the 

Secretary considers appropriate. The amendment would amend section 1073b of title 10, United States Code, to require the Secretary 

to include the core quality performance metrics mandated under 

this section in those metrics publicly available on an Internet 

website of the Department of Defense. 

Improvement of health outcomes and control of costs of health care 

under TRICARE program through programs to involve covered 

beneficiaries (sec. 729) 

The Senate bill contained a provision (sec. 728) that would require the Secretary of Defense, by January 1, 2018, to implement 

programs to increase involvement of covered beneficiaries in making health care decisions and to encourage beneficiaries to share 

more responsibility for the improvement in their health outcomes 

through participation in medical and lifestyle intervention programs. This provision would incentivize those beneficiaries with 

chronic diseases or conditions, such as diabetes, asthma, or depression, or those exhibiting unhealthy behaviors, such as tobacco use 

or obesity, to participate in comprehensive medical or lifestyle 

intervention programs designed to improve beneficiaries’ health 


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outcomes and functional status while controlling health care costs 

for those beneficiaries and the Department. This provision would 

also authorize the Secretary to charge and collect a fee from a covered beneficiary, other than an Active-Duty servicemember, for failure to notify a military treatment facility, within 24 hours of a 

scheduled appointment with a health care provider, that the beneficiary will be unable to attend the appointment. The Secretary of 

Defense would be required to submit a report to the Committees 

on Armed Services of the Senate and the House of Representatives, 

by January 1, 2020, that describes implementation of the programs 

mandated under this provision. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would also require 

the Secretary to establish a program to incentivize the maintenance of a healthy lifestyle, such as exercise and weight management, among covered beneficiaries. The amendment would not authorize the Secretary to charge and collect a fee from a covered 

beneficiary, other than an Active-Duty servicemember, for failure 

to notify a military treatment facility, within 24 hours of a scheduled appointment with a health care provider, that the beneficiary 

will be unable to attend the appointment. 

The conferees are concerned, however, about the high number 

of failed medical appointments in the military health system. From 

October 2014 through September 2015, there were over 1.6 million 

scheduled appointments missed by all categories of beneficiaries. 

The large number of failed appointments negatively affects access 

to care for all beneficiaries. The conferees strongly urge the Secretary to implement programs to minimize the number of failed appointments in military hospitals and clinics. 

Accountability for the performance of the military health system of 

certain leaders within the system (sec. 730) 

The Senate bill contained a provision (sec. 722) that would require the Secretary of Defense and the secretaries of the military 

departments, within 180 days of the date of enactment of this Act, 

to incorporate performance accountability measures into the annual performance reviews of certain leadership positions in the 

military health care system. The provision would prohibit payment 

of a performance bonus to a civilian employee of the Department 

of Defense occupying a position, specified in the provision, unless 

the operations of the military health care system met or exceeded 

performance measures during the period of the employee’s annual 

performance review. The Secretary of Defense would submit a report to the Committees on Armed Services of the Senate and the 

House of Representatives, within 180 days of enactment of this Act, 

which describes the incorporation of performance accountability 

measures in the annual performance reviews of leadership positions in the military health care system. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would require the 

Secretary of Defense to determine which military and civilian leaders in the military health system would be required to have measures of accountability incorporated into their performance reviews 


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and would delete the prohibition on performance bonuses for civilian employees who do not meet or exceed performance measures. 

Establishment of advisory committees for military treatment facilities (sec. 731) 

The Senate bill contained a provision (sec. 731) that would require the Secretary of Defense to establish an advisory committee 

for each military medical treatment facility (MTF). Each advisory 

committee would include six beneficiaries eligible for health care 

services in the military health system: 1) two Active-Duty 

servicemembers; 2) two Active-Duty family members; and 3) two 

military retirees. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would not prescribe the composition of members of an advisory committee established by the Secretary. The amendment would also clarify that 

each advisory committee shall provide advice to the commanding 

officer or director of a MTF on the administration and activities of 

the facility as it relates to the experience of care for beneficiaries. 

Subtitle D—Reports and Other Matters 

Extension of authority for joint Department of Defense-Department 

of Veterans Affairs Medical Facility Demonstration Fund and 

report on implementation of information technology capabilities 

(sec. 741) 

The Senate bill contained a provision (sec. 755) that would extend the authority for the joint Department of Defense-Department 

of Veterans Affairs demonstration fund from September 30, 2017, 

to September 30, 2018. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would require the 

Secretary of Defense to submit a report, not later than March 30, 

2017, to the Committees on Armed Services of the Senate and the 

House of Representatives on plans to implement all information 

technology capabilities required by the executive agreement entered into under section 1701(a) of the National Defense Authorization Act for fiscal year 2010 (Public Law 111–84) that remain 

unimplemented as of the date of the report. 

Pilot program on expansion of use of physician assistants to provide 

mental health care to members of the Armed Forces (sec. 742) 

The Senate bill contained a provision (sec. 751) that would require the Secretary of Defense to commence a physician assistant 

psychiatric fellowship pilot program, within 1 year of the date of 

enactment of this Act, to assess the feasibility and advisability of 

expanding the use of physician assistants specializing in psychiatric medicine. The pilot program would consist of two rounds 

with each round taking a maximum of 2 years to complete. Under 

this provision, the Secretary would select a least five individuals to 

participate in the pilot program for each round. Within 180 days 

after the date the Secretary completes the first round of the psychiatric fellowship pilot program, the Secretary would submit an 

initial report to the Committees on Armed Services of the Senate 


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and the House of Representatives on the program. Subsequently, 

the Secretary would submit a final report that updates the initial 

report within 90 days after termination of the pilot program. The 

authority for the pilot program would terminate upon completion 

of the second round of the psychiatric fellowship program. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would authorize 

the Secretary to conduct a pilot program to assess the feasibility 

and advisability of expanding the use of physician assistants specializing in psychiatric medicine at medical facilities of the Department of Defense. If the Secretary conducts the pilot program, the 

Secretary would submit a report to the Committees on Armed Services of the Senate and the House of Representatives on the pilot 

program within 90 days of completion of the program. 

Pilot program for prescription drug acquisition cost parity in the 

TRICARE pharmacy benefits program (sec. 743) 

The House amendment contained a provision (sec. 745) that 

would authorize the Secretary of Defense to conduct a pilot program to evaluate whether extending additional discounts for prescription drugs filled at TRICARE retail network pharmacies would 

either maintain or reduce prescription drug costs for the Department of Defense. If the Secretary decides to conduct the pilot program, the Secretary would submit to the congressional defense 

committees: 1) an initial report, within 90 days of enactment of this 

Act, containing an implementation plan for the pilot program; 2) an 

interim report within 180 days after the pilot program begins; and 

3) a final report, within 90 days of the end of the pilot program, 

describing the results of the program. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would authorize 

the Secretary, in conducting the pilot program, to allow any 

TRICARE beneficiaries, other than Medicare-eligible beneficiaries, 

to participate in the pilot program. 

The amendment would also modify the requirements for the 

final report. 

Pilot program on display of wait times at urgent care clinics and 

pharmacies of military medical treatment facilities (sec. 744) 

The Senate bill contained a provision (sec. 733) that would require the commander or director of a military treatment facility, by 

January 1, 2018, to display in a conspicuous location at each urgent care clinic, emergency department, and pharmacy in a military treatment facility (MTF) an electronic sign that displays the 

current average wait time either to be seen by a qualified medical 

provider or to receive a filled prescription of a pharmaceutical 

agent. The provision would prescribe how the commander or director should determine the average wait times for beneficiaries at urgent care clinics, emergency departments, and pharmacies in military treatment facilities. 

The House amendment contained a provision (sec. 746) that 

would require the Secretary of Defense to study the feasibility of 

displaying average wait times at urgent care clinics, pharmacies, 

and emergency departments of MTFs and to submit a report, which 


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includes the estimated costs for displaying wait times, to the Committees on Armed Services of the Senate and the House of Representatives by March 1, 2017. 

The Senate recedes with an amendment that would require the 

Secretary of Defense to conduct a pilot program, not later than 1 

year after the date of enactment of this Act, for the display of wait 

times in urgent care clinics and pharmacies of MTFs. The provision 

would require the Secretary to submit a report to the Committees 

on Armed Services of the Senate and the House of Representatives 

within 90 days of completion of the pilot program that would include, among the report elements, a determination of the feasibility 

of expanding the posting of wait times in emergency departments 

in MTFs. 

Requirement to review and monitor prescribing practices at military 

treatment facilities of pharmaceutical agents for treatment of 

post-traumatic stress (sec. 745) 

The Senate bill contained a provision (sec. 761) that would require the Secretary of Defense, within 180 days of enactment of 

this Act, to: 1) conduct a comprehensive review of the prescribing 

practices at military treatment facilities of pharmaceutical agents 

for the treatment of post-traumatic stress (PTS); 2) implement a 

process or processes to monitor the prescribing practices at military 

treatment facilities of pharmaceutical agents discouraged from use 

under the clinical practice guideline for management for PTS published by the Department of Defense (DOD) and the Department 

of Veterans Affairs (VA); 3) implement a plan to address any deviations from that guideline in the prescribing practices of pharmaceutical agents for management of PTS; and 4) implement a plan 

to address any instances where benzodiazepines and opioids are 

concurrently prescribed. 

The House amendment contained a similar provision (sec. 732) 

The Senate recedes. 

Department of Defense study on preventing the diversion of opioid 

medications (sec. 746) 

The House amendment contained a provision (sec. 750) that 

would require the Secretary of Defense to conduct a study on the 

feasibility and effectiveness in preventing the diversion of opioid 

medications by requiring opioid medications to be dispensed in 

vials designed to prevent unauthorized access to those medications 

and by educating patients and family members, with special emphasis on adolescents, on the risks associated with opioid medications. 

The Senate bill contained no similar provision. 

The Senate recedes with a clarifying amendment. 

Incorporation into survey by Department of Defense of questions on 

experiences of members of the Armed Forces with family planning services and counseling (sec. 747) 

The Senate bill contained a provision (sec. 759) that would require the Secretary of Defense, within 90 days after the date of enactment of this Act, to begin action to integrate into certain surveys administered by the Department of Defense questions deVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 01126 Fmt 6601 Sfmt 6601 E:\HR\OC\HR840.XXX HR840

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signed to obtain information on the experiences of service women 

with family planning and counseling. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would require the 

Secretary of Defense, within 90 days of enactment of this Act, to 

initiate action to integrate into the the Health Related Behavior 

Survey of Active-Duty Military Personnel questions designed to obtain information on the experiences of servicemembers with family 

planning and counseling. 

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. 748) 

The Senate bill contained a provision (sec. 760) that would require the Secretary of Defense, within 180 days of enactment of 

this Act, to complete an assessment of the extent to which families 

of members of the reserve components of the Armed Forces serving 

on Active Duty, pursuant to a call to or order to Active Duty for 

a period of more than 30 days, experience difficulties in 

transitioning from health care arrangements relied upon when the 

member is not in such an Active-Duty status to health benefits 

under the TRICARE program. Within 180 days after completing 

the assessment, the Secretary shall submit a report detailing the 

results of the assessment to the Committees on Armed Services of 

the Senate and the House of Representatives. This provision would 

also amend section 1079(h)(4)(C)(ii) of title 10, United States Code, 

to expand the authority of the Secretary to eliminate balance billing for families of members of the reserve components of the Armed 

Forces serving on Active Duty. 

The House amendment contained no similar provision. 

The House recedes with a clarifying amendment. 

Oversight of graduate medical education programs of military departments (sec. 749) 

The Senate bill contained a provision (sec. 752) that would require the Secretary of Defense to implement a phased plan, within 

1 year of the date of enactment of this Act, to eliminate those graduate medical education programs of the Department that do not directly support the medical force readiness requirements for health 

care providers within the Armed Forces. The Secretary would provide a report, within 180 days of the date of enactment of this Act, 

which provides the Department’s plan to eliminate graduate medical education programs non-essential for medical force readiness. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would require the 

Secretary of Defense, within 1 year of the date of enactment of this 

Act, to establish and implement a process to provide oversight of 

the graduate medical education programs of the military departments to ensure that those programs fully support the operational 

medical force readiness requirements for health care providers of 

the Armed Forces and the medical readiness of the Armed Forces. 

The amendment would require the Secretary, within 30 days of the 

establishment of the oversight process, to submit a report to the 

Committees on Armed Services of the Senate and the House of 


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Representatives that describes the process. In addition, the amendment would require the Comptroller General of the United States 

to conduct a review of the oversight process and to provide a report 

to the committees within 180 days after the date that the Secretary 

submits the Department’s report to the committees. 

Study on health of helicopter and tiltrotor pilots (sec. 750) 

The House amendment contained a provision (sec. 744) that 

would require the Secretary of Defense to conduct a long-term 

study of helicopter and tiltrotor pilots to assess the acute and 

chronic medical conditions of those pilots. The provision would also 

require the Secretary to brief the Committees on Armed Services 

of the Senate and the House of Representatives on the results of 

the study. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would require the 

Secretary to submit a report to the Committees on Armed Services 

of the Senate and the House of Representatives not later than 30 

days after completion of the study. 

Comptroller General reports on health care delivery and waste in 

military health system (sec. 751) 

The Senate bill contained a provision (sec. 763) that would require the Comptroller General of the United States, within 1 year 

after the date of enactment of this Act, and at least annually thereafter for 4 years, to submit to the Committees on Armed Services 

of the Senate and the House of Representatives, a report assessing 

and identifying potential waste and inefficiency relating to the delivery of health care within the military health system. 

The House amendment contained no similar provision. 

The House recedes with a clarifying amendment. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Modifications of cost-sharing requirements for the TRICARE pharmacy benefits program and treatment of certain pharmaceutical 

agents 

The Senate bill contained a provision (sec. 702) that would 

modify cost-sharing amounts for the TRICARE pharmacy benefits 

program for years 2017 through 2025. After 2025, the Department 

could establish cost-sharing amounts equal to the cost-sharing 

amounts for the previous year adjusted by an amount, if any, to reflect increases in costs of pharmaceutical agents and pharmacy dispensing fees. With this provision, beneficiaries would continue to 

receive pharmaceuticals at no cost in military medical treatment 

facilities. Under this provision, there would be no changes to costsharing amounts for survivors of members who died on Active Duty 

or for disabled retirees and their family members. The provision 

would authorize the Secretary of Defense, upon recommendation 

from the Pharmacy and Therapeutics Committee and review by the 

Uniform Formulary Beneficiary Advisory Panel, to exclude from 

the pharmacy benefits program any pharmaceutical agent that the 

Secretary determines provides little or no value to covered beneficiaries and the Department. Additionally, the Secretary would 


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give preferential status to any non-generic pharmaceutical agent on 

the uniform formulary by treating it, for the purposes of cost-sharing, as a generic product under the TRICARE retail pharmacy and 

mail order programs. Finally, the provision would authorize the 

Secretary to adopt special reimbursement methods, amounts, and 

procedures in medical contracts to encourage physicians to use 

high-value pharmaceutical agents and to discourage use of lowvalue agents. 

The House amendment contained no similar provision. 

The Senate recedes. 

Pilot program on treatment of members of the Armed Forces for 

post-traumatic stress disorder related to military sexual trauma 

The Senate bill contained a provision (sec. 708) that would authorize the Secretary of Defense to conduct a pilot program, of not 

more than 3 years duration, to award competitive grants to community partners to provide intensive outpatient programs to treat 

members of the Armed Forces suffering from post-traumatic stress 

disorder resulting from military sexual trauma, including treatment for substance use disorder, depression, and other issues related to those conditions. 

The House amendment contained no similar provision. 

The Senate recedes. 

Selection of commanders and directors of military treatment facilities and tours of duty of commanders of such facilities 

The Senate bill contained a provision (sec. 723) that would require the Secretary of Defense to develop common qualifications 

and core competencies required for selection of commanders or directors of military medical treatment facilities. The provision would 

also establish a minimum length of 4 years for tours of duty, with 

limited exceptions, for those commanders or directors to ensure 

greater stability in health system executive management at each 

facility and throughout the military health system. 

The House amendment contained no similar provision. 

The Senate recedes. 

Use of mefloquine for malaria 

The House amendment contained a provision (sec. 733) that 

would: 1) limit the use of mefloquine for malaria prophylaxis to 

servicemembers with intolerance or contraindications to other 

chemoprophylaxis agents; 2) require licensed medical providers to 

prescribe mefloquine on an individual basis; and 3) require medical 

providers to counsel servicemembers on the potential side effects of 

the drug and to provide written patient information required by the 

Food and Drug Administration. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees note that mefloquine is one of several drugs recommended by the Centers for Disease Control to prevent malaria 

and to treat certain forms of the disease. The conferees are concerned, however, that mefloquine may produce serious 

neuropsychiatric side effects such as depression, auditory and visual hallucinations, anxiety, and suicidal ideation. The conferees 


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urge the Department of Defense to limit the prescription of 

mefloquine to those servicemembers who may be unable to take 

other first-line anti-malarial drugs. If medical providers must prescribe mefloquine to certain servicemembers, providers must ensure that those servicemembers understand the potential adverse 

effects of the drug. 

Mental health resources for members of the military services at high 

risk of suicide 

The House amendment contained a provision (sec. 741) that 

would require the Secretary of Defense to: 1) develop a methodology that identifies servicemembers and military units at high risk 

of suicide; and 2) provide additional preventative and mental 

health treatment resources for servicemembers. 

The Senate bill contained no similar provision. 

The House recedes. 

Research of chronic traumatic encephalopathy 

The House amendment contained a provision (sec. 742) that would provide that not more than $25 million of the funds available for advanced development for research, development, test, and 

evaluation for the Defense Health Program for fiscal year 2017 

may be used to award grants to medical researchers and universities to support research into early detection of chronic traumatic 

encephalopathy. 

The Senate bill contained no similar provision. 

The House recedes. 

Active oscillating negative pressure treatment 

The House amendment contained a provision (sec. 743) that 

would require the Secretary of Defense to consider using noninvasive technologies, such as active oscillating negative pressure, 

to treat servicemembers who have incurred injuries from blast-related events. 

The Senate bill contained no similar provision. 

The House recedes. 

Report on feasibility of including acupuncture and chiropractic services for retirees under TRICARE program 

The House amendment contained a provision (sec. 747) that 

would require the Secretary of Defense to submit a report to the 

congressional defense committees on the feasibility of providing 

acupuncture and chiropractic services under the TRICARE program to beneficiaries who are retired members of the uniformed 

Services. 

The Senate bill contained no similar provision. 

The House recedes. 

Clarification of submission of reports on longitudinal study on traumatic brain injury 

The House amendment contained a provision (sec. 748) that 

would clarify that section 1080 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1000; 

10 U.S.C. 111 note) should not apply to reports submitted by the 


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Secretary of Defense to Congress under section 721 of the John 

Warner National Defense Authorization Act for Fiscal Year 2007 

(Public Law 109–364; 120 Stat. 2294). 

The Senate bill contained no similar provision. 

The House recedes. 

Increased collaboration with NIH to combat triple negative breast 

cancer 

The House amendment contained a provision (sec. 749) that 

would require the Department of Defense to: 1) collaborate with 

the National Institutes of Health to identify genetic and molecular 

targets and biomarkers for triple negative breast cancer; and 2) 

provide information in biomarker selection, drug discovery, and 

clinical trials design to enable early identification of this form of 

breast cancer and development of multiple targeted therapies for 

the disease. 

The Senate bill contained no similar provision. 

The House recedes. 

Memoranda of agreement with institutions of higher education that 

offer degrees in allopathic or osteopathic medicine 

The Senate bill contained a provision (sec. 754) that would require the Secretary of Defense to enter into memoranda of agreement with local or regional allopathic or osteopathic schools of 

medicine to establish military treatment facilities as affiliate teaching hospitals. 

The House amendment contained no similar provision. 

The Senate recedes. 

The conferees note that the Department of Defense has existing authority to enter into agreements with medical schools to establish military treatment facilities as affiliate teaching hospitals, 

and the conferees strongly urge the Department to expand those affiliations. By sharing training facilities, staffing, and material resources, the conferees believe these new academic affiliations could 

help improve and sustain operational medical force readiness and 

serve as productive recruiting grounds for new military physicians. 

Prohibition on conduct of certain medical research and development 

projects 

The Senate bill contained a provision (sec. 756) that would prohibit the Secretary of Defense and each service secretary from 

funding or conducting a medical research and development project 

unless the secretary concerned determines that the project would 

protect, enhance, or restore the health and safety of members of 

the Armed Forces. 

The House amendment contained no similar provision. 

The Senate recedes. 

The conferees express concern regarding the amount of congressional funding for medical research in the Department of Defense’s (DOD) Congressionally Directed Medical Research Program. 

Since 1992, Congress has appropriated almost $10 billion for medical research—most of it outside of DOD’s core medical research 

mission and not requested in the Department’s annual budget requests. 


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Report on plan to improve pediatric care and related services for 

children of members of the Armed Forces 

The Senate bill contained a provision (sec. 762) that would require the Secretary of Defense to submit to the Committees on 

Armed Services of the Senate and the House of Representatives a 

report setting forth a plan of the Department to improve pediatric 

care and related services for children of members of the Armed 

Forces. 

The House amendment contained no similar provision. 

The Senate recedes. 

Treatment of certain provisions relating to limitations, transparency, and oversight regarding medical research conducted 

by the Department of Defense 

The Senate bill contained a provision (sec. 764) that would require sections 756 and 898 of the Senate bill relating to limitations, 

transparency, and oversight regarding medical research conducted 

by the Department of Defense to have no force or effect. 

The House amendment contained no similar provision. 

The Senate recedes. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND

RELATED MATTERS

Subtitle A—Acquisition Policy and Management 

Rapid acquisition authority amendments (sec. 801) 

The Senate bill contained a provision (sec. 801) that would 

amend section 806 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314) to better integrate and conform the provision with the rapid acquisition authorities established in section 804 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92). 

The House amendment contained no similar provision. 

The House recedes. 

Authority for temporary service of Principal Military Deputies to the 

Assistant Secretaries of the military departments for acquisition 

as Acting Assistant Secretaries (sec. 802) 

The Senate bill contained a provision (sec. 802) that would 

amend sections 3016(b)(5)(B), 5016(b)(4)(B), and 8016(b)(4)(B) of 

title 10, United States Code, to allow Principal Military Deputies 

to serve in an acting capacity if there is a vacancy in the position 

of the Service Acquisition Executive. 

The House amendment contained no similar provision. 

The House recedes. 

Modernization of services acquisition (sec. 803) 

The Senate bill contained a provision (sec. 804) that would require the Secretary of Defense to revise the Department of Defense 

Instruction 5000.74, dated January 6, 2016. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would require the 

Secretary of Defense to review and, if necessary, revise Department 


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of Defense Instruction 5000.74, dated January 5, 2016, and other 

guidance pertaining to the acquisition of services not later than 180 

days after the date of the enactment of this Act. The amendment 

also would expand, from the acquisition workforce to all Department of Defense employees engaged in the procurement of services, 

the workforce to be developed and trained on the acquisition of 

services. 

Defense Modernization Account amendments (sec. 804) 

The Senate bill contained a provision (sec. 899B) that would 

amend section 2216 of title 10, United States Code, to clarify authorizations for the Defense Modernization Account. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would exclude the 

transfer of funds that support installations and facilities to the Defense Modernization Account. The amendment would set a $1.0 billion limit on the total balance of the account and require that an 

acquisition program milestone decision authority approve the use 

of funds in the account. The amendment would also require that 

subaccounts be established for each of the military departments 

and defense agencies that deposit and use funds in the account. 

Subtitle B—Department of Defense Acquisition Agility 

Modular open system approach in development of major weapon 

systems (sec. 805) 

The House amendment contained a provision (sec. 1701) that 

would require all major defense acquisition programs (MDAPs) initiated after January 1, 2019, to be designed and developed with a 

modular open system approach (MOSA), to the maximum extent 

practicable. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would clarify 

when programs are required to start using MOSA. The amendment 

also would modify the definition of a major system interface to include characterization of the form, function, and content that flows 

across the interface. The amendment would require the acquisition 

strategy for a program that uses MOSA to also describe the approach to systems integration and configuration management. 

Development, prototyping, and deployment of weapon system components or technology (sec. 806) 

The House amendment contained a provision (sec. 1702) that 

would require a major defense acquisition program (MDAP) initiated after January 1, 2019, to include only technical development 

that the milestone decision authority determines, with a high degree of confidence, would not delay fielding target for the program. 

Concurrent technology maturation and system development would 

remain authorized, but only for technologies for which there is high 

confidence that concurrency would not postpone fielding. For higher 

risk technologies, the milestone decision authority would use the 

new authorities provided in this section, or other available authorities, to mature and demonstrate technologies prior to initiating or 

separate from a program of record. This section also would provide 


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the military services with new funding and acquisition flexibility to 

experiment with, prototype, and rapidly deploy weapon system 

components and other technologies. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would expand the 

considerations for planning and conducting prototype projects to include existing commercial technologies and opportunities to reduce 

operation and support costs of major weapon systems. The amendment would clarify that the military services can use an existing 

oversight board, if one exists, to carry out the prototyping oversight 

requirements of this provision. The amendment would require 

prototyping projects to develop a plan for transition into a fielded 

system or operational use. The amendment also would reduce the 

duration of a project to 2 years and would clarify that the rapid 

prototyping process established by section 804 of the Fiscal Year 

2016 National Defense Authorization Act (Public Law 114–92) 

should be pursued if projects exceed the duration and funding limits of this provision. 

Cost, schedule, and performance of major defense acquisition programs (sec. 807) 

The House amendment contained a provision (sec. 1703) that 

would require the Secretary of Defense, or his designee, to assign 

program cost and fielding targets when major defense acquisition 

programs (MDAPs) are initiated. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would clarify that 

cost and fielding targets should be established before funds are obligated for technology development, system development, or production of a major defense acquisition program. The amendment would 

modify the definition of the cost target to include the program procurement unit cost and sustainment cost. The amendment would 

remove the list of elements that should be considered in establishing the program goals because such elements are generally 

known and are included in existing acquisition policy guidance. The 

amendment would modify the delegation of authority for establishing program targets only to the Deputy Secretary of Defense. 

The amendment also would clarify that the required independent 

technical risk assessments conducted prior to program milestone 

approvals should identify any manufacturing processes that need to 

be matured. 

Transparency in major defense acquisition programs (sec. 808) 

The House amendment contained a provision (sec. 1704) that 

would require the milestone decision authority for a major defense 

acquisition program to provide a new ‘‘acquisition scorecard’’ report 

to the congressional defense committees and, when appropriate, to 

congressional intelligence committees at each milestone decision 

point of each program. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would modify the 

information required in the program summary reports, to include 

the major cost contributors identified at Milestone A that could affect the life-cycle costs of the program and any manufacturing risks 


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identified at Milestone A or B that are associated with the program. 

Amendments relating to technical data rights (sec. 809) 

The House amendment contained a provision (sec. 1705) that 

would make several amendments to technical data rights conferred 

in section 2320 of title 10, United States Code. Among other things, 

the provision would delineate types of interfaces and specify the 

rights provided to the U.S. Government in such interfaces. It would 

require the U.S. Government and Department of Defense contractors to negotiate for data rights when items or processes are developed with a mix of Federal and private funds. The provision also 

would limit deferred ordering of technical data to 6 years after delivery of the last item on a contract and to technical data generated, not utilized, in the performance of the contract. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would allow the 

Secretary of Defense to negotiate for rights other than government 

purpose rights for technical data relating to major system interfaces if it would be in the best interest of the United States. The 

amendment would require the Department of Defense to identify 

major system interfaces in contract solicitations and contracts. For 

major system interfaces developed exclusively at private expense, 

the amendment would clarify that the Secretary shall negotiate 

with the developer appropriate compensation for the technical data. 

The conferees understand that section 2320 sets forth various 

rights in technical data, and that the price for acquiring technical 

data to which the U.S. Government is entitled is determined 

through negotiations between the Department and contractors. The 

conferees believe that in the case of privately funded major system 

interfaces for which the Department asserts government purpose 

rights it is necessary to explicitly require negotiation for compensation. Notwithstanding this amendment, the conferees expect the 

standard practice of negotiating prices for technical data to continue for all other categories of rights and circumstances set forth 

in section 2320. 

The amendment also would specify the U.S. Government’s 

rights to technical data pertaining to privately funded general 

interfaces necessary for the segregation and reintegration of an 

item or process. Finally, the amendment would extend the duration 

of the government-industry advisory panel established in section 

813 of the National Defense Authorization Act for Fiscal Year 2016 

(Public Law 114–92) and require the advisory panel to consider the 

technical data rights necessary to support the modular open system 

approach (MOSA) required elsewhere in this Act. The conferees are 

aware that the advisory panel has not yet completed its review of 

sections 2320 and 2321 of title 10, United States Code. The conferees recognize there are many issues in technical data rights that 

this conference agreement does not address, and are encouraged 

that the panel’s comprehensive and thoughtful analysis thus far 

will yield promising recommendations. 

Additionally, the conferees understand that successful implementation of MOSA necessitates the allocation of technical data 

rights in major system interfaces, a new concept under MOSA. The 


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use of MOSA relies upon the ability of major system components 

to be added, removed, or replaced as needed throughout the life 

cycle of the major weapon system due to evolving technology, 

threats, sustainment, and other factors. Therefore, major system 

interfaces that share a boundary between major system components and major system platforms are critical, and it is imperative 

that the government have appropriate access to the technical data 

of such interfaces. The conferees understand the importance of 

technical precision in establishing clear delineation of major system 

platforms, major system interfaces, and major system components. 

As such, the conferees urge the Department to carefully consider 

and take input from the advisory panel and industry on the meanings and implications of these key terms. The conferees expect the 

Department to include this consideration in its review of the MOSA 

authorities and its briefing on the implementation of MOSA required in the House report accompanying H.R. 4909 (H. Rept. 114– 

537) of the National Defense Authorization Act for Fiscal Year 

2017. 

The conferees also note that the Department recently issued a 

proposed rule that would implement amendments to section 2320 

of title 10, United States Code, enacted in section 815 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 

112–81). Various representatives of industry have expressed concern about the effects on defense acquisition of the amendments 

made in Public Law 112–81 and the Department’s implementation 

of such amendments. Therefore, the conferees believe the amendments to technical data rights included in this conference agreement are necessary at this time. 

Subtitle C—Amendments to General Contracting Authorities, 

Procedures, and Limitations 

Modified restrictions on undefinitized contractual actions (sec. 811) 

The Senate bill contained a provision (sec. 816) that would 

amend section 2326 of title 10, United States Code, to revise policies regarding undefinitized contractual actions (UCAs). Over the 

past decade the use of UCAs by the services and defense agencies 

has grown significantly while the speed at which these UCAs are 

definitized has lagged. To address this situation, the provision 

would: (1) require a written determination by senior officials to extend a UCA beyond 90 days; (2) require UCAs to be awarded on 

a fixed-price level-of-effort basis; and (3) extend the 180 day 

definitization requirement to contracts in support of Foreign Military Sales cases. 

The House amendment contained a similar provision (sec. 802). 

The House recedes with an amendment that would eliminate 

the requirement that undefinitized contractual actions be awarded 

on a fixed-price basis, ensure that allowable profit reflects the cost 

risk at the time that a contractor submits a qualifying proposal to 

definitize a contract, and specify that such a proposal contain the 

information necessary to conduct a meaningful audit of the proposal. 


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Amendments relating to inventory and tracking of purchases of 

services (sec. 812) 

The Senate bill contained a provision (sec. 820) that would 

amend section 2330a of title 10, United States Code, to clarify the 

applicability of the contractor inventory requirement to staff augmentation contracts and to reduce data collection and unnecessary 

reporting requirements. 

The House amendment contained a provision (sec. 803) that 

would amend section 2330a of title 10, United States Code, to revise the current requirement related to how the Department of Defense accounts for and reports contracts for services. 

The Senate recedes with an amendment that would set the inventory collection threshold at contracts for services in excess of 

$3.0 million and would narrow the focus of the inventory collection 

requirement to staff augmentation contracts as informed by the 

specified Service Acquisition Portfolio Groups. Rather than providing the inventory itself to the Congress, the amendment would 

require the Secretary of Defense to provide to Congress an annual 

summary of the inventory activities performed during the past year 

pursuant to staff augmentation contracts as defined in the amendment. Additionally, the amendment removes the Department of Defense Office of the Inspector General reporting requirement and reduces the annual Comptroller General reporting requirement to a 

one-time review in 2018 that would cover the changes implemented 

by this Act. 

In performing the review and planning requirements in (d), the 

conferees direct the Secretary of the military department or the 

head of the Defense Agency to focus on the 17 Product Service 

Codes identified by the Office of Federal Procurement Policy and 

the Government Accountability Office in report GAO–16–46 as high 

risk for including services that are closely associated with inherently governmental functions. 

The conferees direct the Secretary of Defense to brief the Committees on Armed Services of the Senate and House of Representatives, no later than February 1, 2017, on the plan to implement the 

inventory and reporting changes required by this Act, particularly 

implementation of the inventory of Product Service Codes and staff 

augmentation contracts. The briefing shall include information on 

differences in the number and value of contracts captured before 

and after the changes made by this Act. 

Use of lowest price technically acceptable source selection process 

(sec. 813) 

The Senate bill contained a provision (sec. 825) that would require the Department of Defense to revise the Defense Federal Acquisition Regulation Supplement (DFARS) to limit the use of lowest price technically acceptable (LPTA) source selection criteria in 

circumstances that would potentially deny the Department the benefits of cost and technical tradeoffs in the source selection process. 

The Department would be required to only use LPTA criteria in 

specified circumstances and avoid them to the maximum extent 

practicable for the procurement of knowledge-based professional 

services such as information technology services. 

The House amendment contained a similar provision (sec. 847). 


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The House recedes with an amendment that would require justification of LPTA evaluation methodologies in each contract file, 

require determination that lowest price reflects full life-cycle costs, 

and expand restrictions on the use of LPTA evaluation methodologies to include advanced electronic testing and knowledge-based, 

training, or logistics services in overseas contingency operations. 

The amendment would also limit LPTA reporting to only contracts 

that exceed $10.0 million. 

Procurement of personal protective equipment (sec. 814) 

The Senate bill contained a provision (sec. 829D) that would 

prohibit the use of reverse auctions and lowest price technically acceptable (LPTA) contracting methods for the procurement of personal protective equipment where the level of quality needed or the 

failure of the item could result in combat casualties. 

The House amendment contained a similar provision (sec. 804) 

that would amend section 884 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92) to clarify source 

selection criteria to be used in the procurement of personal protective equipment or critical safety items. 

The House recedes. 

The conferees understand that, in some cases, both LPTA and 

reverse auctions are appropriate contracting methods and price discovery methods. However, the conferees do not believe that such 

methods are appropriate for equipment that provides personal protection to members of the Armed Services. 

Amendments related to detection and avoidance of counterfeit electronic parts (sec. 815) 

The House amendment contained a provision (sec. 806) that 

would modify section 818 of the National Defense Authorization 

Act for Fiscal Year 2012 (Public Law 112–81) by replacing the term 

‘‘trusted suppliers’’ with the term ‘‘suppliers that meet 

anticounterfeiting requirements’’, as well as related conforming 

amendments. This provision would clear up confusion about the 

term, which refers to the specific category of microelectronics supplies that have been accredited by the Defense Microelectronics Activity. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Amendments to special emergency procurement authority (sec. 816) 

The House amendment contained a provision (sec. 807) that 

would amend section 1903 of title 41, United States Code, to expand the permissible uses of special emergency procurement authorities to include support of international disaster assistance and 

support of a national emergency or natural disaster relief efforts in 

the United States as defined by the Robert T. Stafford Disaster Relief and Emergency Assistance Act. 

The Senate recedes. 

The conferees direct the Comptroller General, not later than 4 

years after the date of enactment of this Act, to submit to the Committees on Armed Services of the Senate and House of RepresentaVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 01138 Fmt 6601 Sfmt 6601 E:\HR\OC\HR840.XXX HR840

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tives a review of all procurement activities conducted under the authorities provided by this provision. 

The conferees direct any agency making use of this expanded 

authority to closely consult with the Congress on its use, especially 

its use over extended periods of time; the establishment of mechanisms to ensure proper oversight over its use; and the monitoring 

of its impact on industry, especially small and disadvantaged businesses. 

Compliance with domestic source requirements for footwear furnished to enlisted members of the Armed Forces upon their initial entry into the Armed Forces (sec. 817) 

The Senate bill contained a provision (sec. 671) that would require the Secretary of Defense to furnish athletic footwear directly 

to members of the Army, Navy, Air Force, and Marine Corps instead of providing a cash allowance. Such footwear must comply 

with section 2533a of title 10, United States Code. 

The House amendment contained a similar provision (sec. 808). 

The House recedes with an amendment that would authorize 

the Department of Defense, for two years, to purchase additional 

footwear that is necessary to provide sufficient choices to minimize 

the incidence of athletic injuries in initial entry training. During 

those two years, the conferees expect the Secretary, to the maximum extent practicable, to furnish footwear from domestic sources 

while taking appropriate steps to minimize the incidence of athletic 

injuries. The conferees direct the Secretary of Defense to develop 

a plan and schedule to fully implement this provision, and brief 

that plan and schedule to the Committees on Armed Services of the 

Senate and the House of Representatives no later than six months 

following the date of enactment of this Act. 

The conferees are aware that a number of scientific studies 

have been and are being conducted to evaluate variances in foot 

structures, related causes of athletic foot injuries, and appropriate 

footwear to reduce the incidence of such injuries. The conferees direct the Secretary of Defense to brief the results of those studies 

to the Committees on Armed Services of the Senate and the House 

of Representatives no later than 18 months following the date of 

enactment of this Act. The briefing shall include recommendations 

for reducing injuries in recruits, including modifying initial entry 

training methods, medically evaluating the foot types of members 

of the Armed Forces in initial entry training, furnishing appropriate footwear to such members in initial entry training, and domestic sourcing of such footwear. 

Extension of authority for enhanced transfer of technology developed 

at Department of Defense laboratories (sec. 818) 

The Senate bill contained a provision (sec. 899) that would extend until 2020 the authorization granted to the Secretary of Defense and military service secretaries to license Department of Defense-owned intellectual property. 

The House amendment contained a similar provision (sec. 

809B) to extend the authorization until 2021. 

The Senate recedes. 


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Modified notification requirement for exercise of waiver authority to 

acquire vital national security capabilities (sec. 819) 

The Senate bill contained a provision (sec. 805) that would 

amend subsection (d) of section 806 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92) to provide 

for a notification to Congress not later than ten days after the use 

of the waiver authority to acquire vital national security capabilities outlined earlier in section 806. 

The House amendment contained no similar provision. 

The House recedes. 

Defense cost accounting standards (sec. 820) 

The Senate bill contained a provision (sec. 811) that would 

amend chapter 7 of title 10, United States Code, and establish an 

independent board chaired by the Chief Financial Officer of the Department of Defense to prescribe, amend, and rescind cost accounting standards as they affect operations at the Department of Defense. The provision also requires that cost accounting standards 

developed shall to the maximum extent practicable align with Generally Accepted Accounting Principles (GAAP), thereby minimizing 

the requirement for government-unique cost accounting systems. 

The provision would also ensure that managerial cost accounting 

and activity-based accounting structures derived from cost accounting standards are applied to the financial operations of the Department of Defense. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would modify sections 1501 and 1502 of title 41, United States Code, to improve the 

government-wide Cost Accounting Standards Board (CASB) and require that Federal Cost Accounting Standards (CAS) be reconciled, 

to the extent possible, with U.S. Generally Accepted Accounting 

Principles. The amendment also would require the CASB to hire an 

executive director and meet at least quarterly to reduce inconsistencies between CAS and GAAP, as well as address problems identified by cases presented to the Armed Services Board of Contract 

Appeals and Civilian Board of Contract Appeals. Additionally, the 

amendment would allow the head of a Federal agency to waive the 

application of the CAS for contracts valued at less than $100.0 million. The amendment also would retain the Senate proposal to create a Defense Cost Accounting Standards Board, but would authorize the new board to advise the CASB, oversee implementation of 

CAS within the Department of Defense, and ensure that managerial cost accounting is appropriately implemented for commercial 

functions performed by employees of the Department. The conferees also encourage the Director, Defense Contract Audit Agency 

(DCAA) to examine the potential for electronic quality management 

systems to improve the ability of DCAA to conduct thorough and 

timely audits. 

Increased micro-purchase threshold applicable to Department of Defense procurements (sec. 821) 

The Senate bill contained a provision (sec. 812) that would 

amend chapter 137 of title 10, United States Code, to establish the 


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micro-purchase threshold for Department of Defense activities at 

$5,000. 

The House amendment contained no similar provision. 

The House recedes. 

Enhanced competition requirements (sec. 822) 

The Senate bill contained a provision (sec. 813) that would 

amend section 2306a of title 10, United States Code, to clarify the 

definition of competition and the role of the prime contractor in determining whether a subcontract meets the competitive or commercial test under the section. 

The House amendment contained no similar provision. 

The House recedes. 

The conferees recognize that the government retains the right 

to review determinations made by prime contractors. 

Revision to effective date of senior executive benchmark compensation for allowable cost limitations (sec. 823) 

The House amendment contained a provision (sec. 805) that 

would remove the retroactive application requirement of section 

803 of the National Defense Authorization Act for Fiscal Year 2012 

(Public Law 112–81), which implemented a cap on the allowable 

compensation of contractor employees. As a result of this revision, 

section 803 would apply to compensation costs incurred after January 1, 2012, under contracts entered into on or after December 31, 

2011. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Treatment of independent research and development costs on certain 

contracts (sec. 824) 

The Senate bill contained a provision (sec. 814) that would 

amend section 2372 of title 10, United States Code, to clarify in 

what circumstances independent research and development costs 

are considered fair, reasonable, and allowable expenses on Department of Defense contracts. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would create a 

new section 2372a of title 10, United States Code, that would specify that bid and proposal expenses considered as allowable indirect 

costs on cost-reimbursement contracts should be reported independently of independent research and development costs under section 

2372 of title 10, United States Code. The amendment would establish for the Department of Defense a goal that Department-wide 

bid and proposal costs should not exceed one percent of the amount 

of contractor sales to the Department. The conferees do not intend 

for the Department to achieve this goal by arbitrarily limiting the 

amount of bid and proposal costs contractors may have reimbursed, 

but to instead address the factors driving bid and proposal costs. 

The amendment would also require the Department to contract 

with an outside, independent entity to study the laws, regulations, 

and practices driving bid and proposal costs and provide recommendations to the Department on how to reduce these costs. If, 

in any year the Department fails to meet the one percent goal, the 


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amendment would require that an advisory panel pursuant to the 

Federal Advisory Committees Act (5 U.S.C. app) be established to 

provide recommendations on changes to statute, regulation, and 

practice to reduce bid and proposal costs. The amendment also 

would require the Department to report on bid and proposal costs 

and independent research and development costs as part of the report required under 2313a of title 10, United States Code. 

Exception to requirement to include cost or price to the Government 

as a factor in the evaluation of proposals for certain multipleaward task or delivery order contracts (sec. 825) 

The Senate bill contained a provision (sec. 815) that would 

amend section 2305(a)(3) of title 10, United States Code, to provide 

an exception to the existing statutory requirement to include cost 

or price to the Federal Government as an evaluation factor that 

must be considered in the evaluation of proposals for all contracts. 

The provision would only apply to multiple award task or delivery 

order contracts to buy services and the Department would then appropriately focus on price when individual task orders are issued 

and competed. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would allow task 

or delivery orders to be awarded on a sole-source basis when a 

standalone contract could be awarded on a sole-source basis. The 

amendment also would preclude the award of multiple award contracts without cost or pricing data in cases where task orders are 

expected to be awarded as sole source contracts to small businesses 

under section 8(a) of the Small Business Act (Public Law 85–536) 

because price competition at the time of task or delivery order 

award would not be expected. 

Extension of program for comprehensive small business contracting 

plans (sec. 826) 

The Senate bill contained a provision (sec. 818) that would 

amend chapter 137 of title 10, United States Code, to add a new 

section that would codify the authority to conduct small business 

subcontracting plans. The Government Accountability Office (GAO) 

recently reported to the committee that the Test Program for Negotiation of Comprehensive Small Business Subcontracting Plans has 

resulted in the avoidance of millions of dollars in administrative 

costs and recommended that the program be made permanent. This 

provision would implement GAO’s recommendation. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would extend the 

current pilot program through the end of fiscal year 2027. 

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. 827) 

The Senate bill contained a provision (sec. 823) that would 

amend section 2350a(g) of title 10, Untied States Code, to add a 

new paragraph to clarify that the general solicitation and testing 


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competitive procedures used under the program are competitive 

procedures under chapter 137 of title 10, United States Code. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would make discretionary the use of side-by-side testing to fulfill competitive procedures for follow-on procurements and that would set a time limit 

within which such follow-on procurements could be conducted. The 

conferees expect that, prior to procuring any items under this provision, market research will be conducted to determine that comparable items are not available. 

Defense Acquisition Challenge Program amendments (sec. 828) 

The Senate bill contained a provision (sec. 824) that would 

amend section 2359b(a)(2) of title 10, United States Code, to expand the scope of the defense acquisition challenge program to include alternatives to existing acquisition programs and to clarify 

that the general solicitation competitive procedures used under the 

program are competitive procedures under chapter 137 of title 10, 

United States Code. 

The House amendment contained no similar provision. 

The House recedes. 

Preference for fixed-price contracts (sec. 829) 

The Senate bill contained a provision (sec. 827) that would revise the Defense Federal Acquisition Regulation Supplement to establish a preference for fixed-price contracts, including fixed-price 

incentive fee contracts, in the determination of contract type and 

establish an approval mechanism for the use of cost-type contracts 

over $5.0 million in value. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would expand the 

number of Department of Defense officials who can approve a costtype contract and that would increase the contractual dollar 

threshold that require such approvals. 

Requirement to use firm fixed-price contracts for foreign military 

sales (sec. 830) 

The Senate bill contained a provision (sec. 828) that would require the Secretary of Defense to prescribe regulations to require 

the use of firm fixed-price contracts for foreign military sales not 

later than 180 days after the enactment of this Act. Additionally, 

this provision would grant the Secretary waiver authority if the 

Secretary determines that a different type of contract is in the best 

interest of the United States taxpayers. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would clarify that 

foreign countries that are counterparties to foreign military sales 

may select a contracting vehicle that is not firm fixed-price. The 

conferees direct the Secretary of Defense to develop a process to determine the contracting preferences of foreign counterparties and to 

brief the Committees on Armed Services of the Senate and House 

of Representatives on the elements of the process no later than 6 

months after enactment of this Act. The conferees further expect 

that the Secretary shall waive the requirement for firm fixed-price 


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contracts only in exceptional cases. The conferees expect that the 

Department of Defense will not interfere in the process of the host 

nation selecting a contract type. If a contract type other than firm 

fixed-price is selected at the request of a country, the Secretary of 

Defense shall be prepared to notify Congress that the Department 

of Defense did not encourage the country in the decision to pursue 

that contract type. The amendment also would establish a pilot 

program to accelerate contracting of foreign military sales by allowing the Department of Defense to base price reasonableness determinations on actual cost and pricing data for purchases of the same 

product for the Department. 

Preference for performance-based contractual payments (sec. 831) 

The Senate bill contained a provision (sec. 829) that would 

amend section 2307(b) of title 10, United States Code, to establish 

a preference for performance-based payments to contractors and 

would re-establish the policy objective laid out in Federal Acquisition Regulation 32.1001, which established performance-based payments as the preferred Government financing mechanism. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would clarify that 

nothing in the provision authorizes the Defense Contract Audit 

Agency to perform audits of a contractor’s compliance with Generally Accepted Accounting Principles. 

Contractor incentives to achieve savings and improve mission performance (sec. 832) 

The Senate bill contained a provision (sec. 829A) that would 

amend section 2332 of title 10, United States Code, to require the 

Defense Acquisition University to develop and implement a training program for Department of Defense acquisition personnel on 

share-in-savings contracts not later than 180 days after the enactment of this Act. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would require the 

Defense Acquisition University to provide training on the use of 

contracting authorities that incentivize contractors to deliver additional savings to the government. 

Sunset and repeal of certain contracting provisions (sec. 833) 

The Senate bill contained a provision (sec. 829F) that would: 

(1) amend title 10, United States Code, to sunset sections 2212, 

2220, 2228, 2304e, 2421 by September 30, 2018; (2) amend title 10, 

United States Code, to sunset section 1706 by September 30, 2019; 

and (3) repeal sections 2245a, 2225, 2302c, 2378, 2387 of title 10, 

United States Code. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would retain the 

reporting requirement in section 2212 of title 10, United States 

Code, which provides budget information on service contracting, as 

well as section 1706 of title 10, United States Code, which provides 

the Department of Defense with a list of acquisition positions considered inherently governmental. 


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Flexibility in contracting award program (sec. 834) 

The Senate bill contained a provision (sec. 829G) that would 

establish an award to recognize defense acquisition programs and 

acquisition professionals that make the best use of flexibilities and 

those authorities granted in the Federal Acquisition Regulation 

and Department of Defense Instruction 5000.02 (Operation of the 

Defense Acquisition System) meant to increase the efficiency of 

programs. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would reduce the 

administrative burdens associated with the awards program. 

Protection of task order competition (sec. 835) 

The Senate bill contained a provision (sec. 819) that would 

amend section 2304c(e) of title 10, United States Code, that would 

prohibit task and delivery order protests if the Secretary of Defense 

has appointed an ombudsman in accordance with section 2304c(f) 

of title 10, United States Code, to review complaints related to task 

and delivery order contracts. 

The House amendment contained a similar provision (sec. 

1862) that would amend section 4106(f) of title 41, United States 

Code, to maintain a consistent approach to task-order protests between civilian and defense agencies. 

The House recedes with an amendment that would permanently authorize protests of task and delivery orders with values 

exceeding $10.0 million at civilian agencies. For protests of task 

and delivery orders of the Department of Defense, the amendment 

modifies section 2304c(e)(1)(B) of title 10, United States Code, to 

increase the minimum value of a task or delivery order that may 

be protested from $10.0 million to $25.0 million. 

Contract closeout authority (sec. 836) 

The Senate bill contained a provision (sec. 829J) that would 

grant the Secretary of Defense the authority to close out contracts 

entered into prior to fiscal year 2000 without completing further 

reconciliation audits other than those described in this section. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would make a series of technical corrections to conform the language of this provision to similar provisions in this bill. 

Closeout of old Department of the Navy contracts (sec. 837) 

The Senate bill contained a provision (sec. 829K) that would 

grant the Secretary of the Navy authority to close out contracts entered into between fiscal years 1974 and 1998 to design, construct, 

repair, or support the construction or repair of Navy submarines 

without completing further reconciliation audits other than those 

described in this section. 

The House amendment contained a similar provision (sec. 837). 

The House recedes with an amendment that would make a series of technical corrections to conform the language of this provision to similar provisions in this bill. 


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Subtitle D—Provisions Relating to Major Defense Acquisition 

Programs 

Change in date of submission to Congress of Selected Acquisition 

Reports (sec. 841) 

The House amendment contained a provision (sec. 811) that 

would amend section 2342(f) of title 10, United States Code, by 

changing, from 45 to 10, the number of days after the President’s 

budget request transmittal that comprehensive annual Selected Acquisition Reports are due to Congress. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would modify the 

date when Selected Acquisition Reports are due to Congress. 

Amendments relating to independent cost estimation and cost analysis (sec. 842) 

The Senate bill contained a provision (sec. 803) that would 

amend section 2334 of title 10, United States Code, and would repeal section 2434 of title 10, United States Code, in order to remove the ambiguity concerning the roles and responsibilities for 

the conduct of independent cost estimates (ICEs) by designating 

the Director of Cost Assessment and Program Evaluation (CAPE) 

to ensure standards are met. The Senate bill also contained a provision (sec. 836) that would amend subsection (d) of section 2334 

of title 10, United States Code, to remove the requirement for disclosure of confidence levels for baseline estimates of major defense 

acquisition programs. 

The House amendment contained a similar provision (sec. 812) 

that would amend sections 2334 and 2434 of title 10, United States 

Code, to make clear that CAPE conducts or approves ICEs for all 

major defense acquisition programs and major automated information systems. 

The Senate recedes with an amendment that would require an 

ICE for the technology maturation and risk reduction phase of a 

major defense acquisition program or major subprogram that identifies the key contributors to the life-cycle costs of the program or 

subprogram. The conferees expect that the procedures to be developed for collecting cost data from acquisition program contractors 

are cost effective and make use of existing sources of data, to the 

best extent practicable. 

Revisions to Milestone B determinations (sec. 843) 

The Senate bill contained a provision (sec. 835) that would 

amend section 2366b(a)(3) of title 10, United States Code to eliminate the need for waivers that are regularly submitted to the committee for programs that are executed at the beginning of the fiscal 

year but before the Future Years Defense Program (FYDP) has 

been submitted, and should receive Milestone B certification as 

long as there is funding in the current FYDP. This provision would 

reduce the number of required waivers and therefore reduce unnecessary staff burden. 

The House amendment contained a similar provision (sec. 813). 

The Senate recedes. 


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Review and report on sustainment planning in the acquisition process (sec. 844) 

The House amendment contained a provision (sec. 814) that 

would require the Secretary of Defense to enter into a contract 

with an independent entity with appropriate expertise to conduct 

an assessment of the extent to which sustainment matters are considered in decisions related to requirements, acquisition, cost estimating, and programming and budgeting for major defense acquisition programs. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would extend and 

include additional elements in the review, such as an evaluation of 

how well life-cycle sustainment strategies required under section 

2337 of title 10, United States Code, are incorporated into the acquisition strategy required by section 2431a of title 10, United 

States Code, and other acquisition planning. 

Revision to distribution of annual report on operational test and 

evaluation (sec. 845) 

The House amendment contained a provision (sec. 815) that 

would amend section 139 of title 10, United States Code, by including the Secretaries of the military departments in the list of people 

who receive the annual report of the Director of Operational Test 

and Evaluation (DOTE). The section would also extend the annual 

report through January 31, 2021. 

The Senate bill contained no similar provision. 

The Senate recedes. 

The conferees recognize the importance in having an independent report each year on operational test and evaluation activities in the Department of Defense, but encourage the Director of 

Operational Test and Evaluation to seek and consider input from 

other Department test organizations in developing such reports. 

Further, the conferees believe that more rigorous developmental 

testing, realistic requirements, and disciplined systems engineering 

will likely improve operational test outcomes. The conferees expect 

program offices to take the necessary steps to improve operational 

test outcomes and adopt lessons learned and best practices that are 

identified in the DOTE annual report. The conferees note that 

these reports are public documents and available electronically to 

all interested parties. 

Repeal of major automated information systems provisions (sec. 

846) 

The Senate bill contained a provision (sec. 831) that would repeal chapter 144A of title 10, United States Code. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would sunset the 

requirements chapter 144A of title 10, United States Code, on September 30, 2017. 

Revisions to definition of major defense acquisition program (sec. 

847) 

The Senate bill contained a provision (sec. 832) that would 

amend section 2430 of title 10, United States Code, and revise the 


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definition of a major defense acquisition program to exclude fixedprice prototypes not planned as part of an existing major defense 

acquisition program and those programs or projects developed 

under the rapid fielding or rapid prototyping acquisition pathway 

authorized under section 804 of the National Defense Authorization 

Act for Fiscal Year 2016 (Public Law 114–92). 

The House amendment contained no similar provision. 

The House recedes with an amendment that would specify that 

major defense acquisition program costs exclude acquisition programs or projects that are carried out using the rapid fielding or 

rapid prototyping acquisition pathway under section 804 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 

114–92). 

Acquisition strategy (sec. 848) 

The Senate bill contained a provision (sec. 833) that would 

amend section 2431a of title 10, United States Code, to make technical changes and require that the acquisition strategy for each 

major defense acquisition program must also consider a comprehensive sustainment strategy that includes all aspects of the 

total life-cycle management of the weapon system, including product support, logistics, product support engineering, supply chain integration, maintenance, acquisition logistics, and all aspects of software sustainment. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would remove the 

requirement to include a sustainment strategy within the acquisition strategy required under section 2431a of title 10, United 

States Code. The conferees note that section 2431a of title 10, 

United States Code, requires logistics, maintenance, and 

sustainment issues to be considered in acquisition strategies, and 

that a life-cycle sustainment strategy is mandated under section 

2337 of title 10, United States Code. Another provision in this Act 

requires an evaluation of the existing life-cycle sustainment strategy and an assessment of how well its elements are incorporated 

into the acquisition strategy in section 2431a of title 10, United 

States Code. 

Improved life-cycle cost control (sec. 849) 

The Senate bill contained a provision (sec. 834) that would 

make several amendments to improve life-cycle cost controls. First, 

this provision would amend section 804(c)(3) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92), 

to require rapid fielding guidance from the Under Secretary of Defense for Acquisition, Technology, and Logistics to include direction 

on a process for identifying and exploiting opportunities to use the 

rapid fielding pathway to reduce total ownership costs. Secondly, 

this provision would amend section 805(2) of the National Defense 

Authorization Act for Fiscal Year 2016 (NDAA) to include life-cycle 

cost management as a procedure that the Secretary of Defense 

should establish for alternative acquisition pathways to meet national security needs. Thirdly, this provision would amend section 

833(e) of the NDAA for Fiscal Year 2016 to require the Secretary 

to also issue guidance on policies to maximize the use of fixed-price 


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contracts and the ability to implement tradeoffs in total cost of 

ownership, schedule, and performance. Fourthly, this provision 

would add a new section to chapter 144 of title 10, United States 

Code, which would require sustainment reviews of acquisition programs 5 years after initial operational capability—unless the program has failed to maintain its availability or reliability threshold 

or has breached its affordability cap before that time. Additionally, 

this provision would require the Secretary of Defense to establish 

a commercial operational and support savings initiative to insert 

existing commercial items or technology into military legacy programs through rapid development and fielding of prototypes in 

order to improve readiness and reduce operations and support 

costs. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would require the 

military departments to conduct a sustainment review five years 

after declaration of initial operational capability of a major defense 

acquisition program and throughout the system’s life cycle, using 

availability and reliability thresholds and cost estimates as the 

triggers that prompt such a review. The amendment also would 

clarify that sustainment reviews would be conducted in coordination with the requirements of section 2337 of title 10, United States 

Code, and section 832 of the National Defense Authorization Act 

for Fiscal Year 2012 (Public Law 112–81). The amendment also 

would authorize a commercial operational and support savings initiative. 

Authority to designate increments or blocks of items delivered under 

major defense acquisition programs as major subprograms for 

purposes of acquisition reporting (sec. 850) 

The Senate bill contained a provision (sec. 837) that would 

amend section 2430a(1)(B) of title 10, United States Code, to expand the authority to designate increments or blocks of items delivered under major defense acquisition programs as major subprograms. 

The House amendment contained no similar provision. 

The House recedes. 

Reporting of small business participation on Department of Defense 

programs (sec. 851) 

The Senate bill contained a provision (sec. 838) that would 

amend chapter 137 of title 10, United States Code, to include a 

new section to include first and second tier subcontracts awarded 

by the Department of Defense under major defense acquisition programs in the Department’s overall count of small business goals. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would require the 

Department of Defense to annually report on its attainment of the 

small business prime contracting goals and subcontracting goals as 

required by section 15(h) of the Small Business Act (15 United 

States Code 644(h)) and to report separately on its small business 

use after excluding certain types of contracts that may not be suitable for award to small businesses. 


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Waiver of congressional notification for acquisition of tactical missiles and munitions greater than quantity specified in law (sec. 

852) 

The Senate bill contained a provision (sec. 840) that would 

amend section 2308(c) of title 10, United States Code, to waive the 

requirement for the head of an agency to notify congressional defense committees of the decision to acquire a higher quantity of an 

end item for tactical missiles and munitions annual procurements. 

The House amendment contained a similar provision (sec. 836) 

that would waive the requirement for the Secretary of Defense to 

notify the congressional defense committees of a decision, not later 

than 30 days after the date of the decision, to acquire a higher 

quantity of an end item (for tactical missiles and munitions annual 

procurements only) than is specified in law. 

The Senate recedes. 

Multiple program multiyear contract pilot demonstration program 

(sec. 853) 

The Senate bill contained a provision (sec. 841) that would 

grant the Secretary of Defense the authority to conduct a multiyear 

contract for multiple defense programs that are produced at common facilities at a high rate, and which maximize commonality, efficiencies, and quality, in order to provide maximum benefit and 

significant savings to the Department of Defense. 

The House amendment contained no similar provision. 

The House recedes. 

Key performance parameter reduction pilot program (sec. 854) 

The Senate bill contained a provision (sec. 842) that would require the Secretary of Defense to enact a pilot program aimed at 

decreasing the number of Key Performance Parameters (KPPs) on 

acquisition programs. The Secretary would be required to select 

one acquisition program from each of the services to determine if 

limiting the number of KPPs to three, at the most, leads to operational or programmatic improvements of outcomes. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would clarify the 

types of key performance parameters that may be reduced in the 

pilot program. 

Mission integration management (sec. 855) 

The Senate bill contained a provision (sec. 843) that would further enhance the Department of Defense’s (DOD) efforts to adopt 

an open systems approach to defense acquisition. The provision 

would require the Secretary of Defense to implement modular open 

systems architecture in acquisition programs in specified mission 

areas when implementing section 801 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291). The provision would require 

each multi-service and multi-program mission outlined in the provision to have a mission integration manager to act as the principal 

substantive advisor to the Deputy Secretary of Defense and the 

Vice Chairman of the Joint Chiefs of Staff for all aspects of capability integration for the mission area. 


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The House amendment contained no similar provision. 

The House recedes with an amendment that would incorporate 

into another section of this Act the requirement of the Senate provision (sec. 843) for the Department to ensure that external facing 

interfaces are identified and clearly and publicly characterized in 

terms of form, function, and the content that flows across to enable 

the creation of interoperable ‘‘systems of systems.’’ The conferees 

urge the Department to ensure that the standards bodies and processes, which are established to support modular open systems approaches, promote interfaces that are dynamically managed, flexible, and extensible to enable technological innovation and performance growth. 

The amendment also would modify the Senate provision to provide flexibility to the Department of Defense in implementing mission integration activities, and to provide an alternative funding 

source for mission integration activities. The conferees urge the Department of Defense to propose its own funding mechanism in future budget requests. 

Subtitle E—Provisions Relating to Acquisition Workforce 

Project management (sec. 861) 

The Senate bill contained a provision (sec. 851) that would outline the responsibilities of the Department of Defense under chapter 87 of title 10, United States Code, for improving program and 

project management. This provision would require that not later 

than 1 year after the enactment of this Act that the Secretary of 

Defense develop Department-wide standards, policies, and guidelines for program and project management. 

The Senate bill also contained a provision (sec. 1097) that 

would amend section 503 of title 31, United States Code, and Chapter 11 of title 31, United States Code, to improve Federal program 

and project management in the Department of Defense. 

The House amendment contained a similar provision (sec. 

1098L). 

The Senate recedes with an amendment that would clarify that 

all members of the Program Management Policy Council must be 

officers or employees of the Federal government or the armed services. This obviates the need to address the application of the Federal Advisory Committee (5 U.S.C. App.). 

Authority to waive tenure requirement for program managers for 

program definition and program execution periods (sec. 862) 

The Senate bill contained a provision (sec. 852) that would 

amend sections 826(e) and 827(e) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92) to harmonize 

the waiver authorities granted in these sections to the Service Acquisition Executive or the Under Secretary of Defense for Acquisition, Technology, and Logistics. 

The House amendment contained no similar provision. 

The House recedes. 


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Purposes for which the Department of Defense Acquisition Workforce Development Fund may be used; advisory panel amendments (sec. 863) 

The Senate bill contained a provision (sec. 854) that would 

amend section 1705 of title 10, United States Code, to expand the 

use of the Department of Defense Acquisition Workforce Development Fund. The provision would clarify that the fund could be used 

for the development of acquisition tools and methodologies and the 

undertaking of research and development of activities that could 

lead to acquisition policies and practices that will improve the efficiency and effectiveness of defense acquisition efforts. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would clarify that 

the advisory panel on streamlining and codifying acquisition regulations that was established in section 809 of the National Defense 

Authorization Act for Fiscal Year 2016 (Public Law 114–92) is an 

independent advisory panel to be supported by the Defense Acquisition University and the National Defense University. The amendment would further clarify that, as an independent advisory panel, 

the panel has the hiring authorities provided in section 3161 of 

title 5, United States Code. The amendment also would limit the 

amount of funds that may be used in fiscal year 2017 for acquisition tools and methodologies and the undertaking of research and 

development to $35.0 million. 

Department of Defense Acquisition Workforce Development Fund determination adjustment (sec. 864) 

The House amendment contained a provision (sec. 839) that 

would amend section 1705 of title 10, United States Code, to allow 

the Secretary of Defense to reduce the threshold amount that must 

be credited to the Defense Acquisition Workforce Development 

Fund during fiscal year 2017 from $400.0 million to $0. This section addresses an overfunding of the fund that has resulted from 

carryovers from prior years. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would require the Department of Defense to transfer $225.0 million from the Defense 

Acquisition Workforce Development Fund (DAWDF) in fiscal year 

2017 to the Department’s Rapid Prototyping Fund. The conferees 

also direct the Secretary of Defense to brief the Committees on 

Armed Services of the Senate and the House of Representatives, 

not later than March 15, 2017, on the extent to which DAWDF 

funding is sufficient to meet acquisition workforce development requirements and on steps the Department has taken to improve the 

management and implementation of the DAWDF to avoid carryover funding. The conferees encourage the Department to make use 

of the expanded authorities for the use of the DAWDF to address 

workforce training and development of acquisition tools and practices to improve acquisition practice and outcomes. 

It is the opinion of the conferees per section 1705 of title 10, 

United States Code, that the amounts transferred into the DAWDF 

from unobligated balances, as described in subsection 3, does not 

have a maximum limit each year. The $500,000,000 limitation only 

applies to subsection 2 relating to credits for contract services. The 


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conferees direct the Secretary of Defense to establish waivers to 

procedures regarding obligation and expenditure rates, applicability of standard financial management regulations, and other financial management procedures, as necessary, to ensure the most 

efficient and effective execution of projects supported by the Rapid 

Prototyping Fund. Specifically, the conferees direct the Secretary to 

establish procedures that provide relief from strict obligation and 

expenditure benchmarks and flexibility in using amounts in the 

Fund consistent with a broad range of efforts under research, development, test and evaluation budget activities. The conferees believe that strict adherence to standard Department financial management procedures may negatively impact program execution and 

not enable the program to achieve its goals. The conferees direct 

the Secretary to notify the congressional defense committees within 

30 days after any such procedures are waived. 

Limitations on funds used for staff augmentation contracts at management headquarters of the Department of Defense and the 

military departments (sec. 865) 

The Senate bill contained a provision (sec. 905) that would 

limit the amount of funds available for staff augmentation contracts at the Office of the Secretary of Defense and the headquarters of the military departments for fiscal years 2017 and 2018 

to not more than the amount expended for those contracts in fiscal 

year 2016. The provision would further require a 25 percent reduction to the fiscal year 2016 funding for those contracts after fiscal 

year 2018. 

The House amendment contained a provision (sec. 809A) that 

would extend the limitation on the aggregate annual amount available to the Department of Defense for contract services through fiscal year 2017. 

The House recedes with an amendment that would limit the 

amount of funds available for staff augmentation contracts, as defined in the amendment, at the Office of the Secretary of Defense 

and the headquarters of the military departments for fiscal years 

2017 and 2018 to not more than the amount expended for those 

contracts in fiscal year 2016 and would further require a 25 percent reduction to the fiscal year 2016 funding for those contracts 

in fiscal years 2018 through fiscal year 2022. 

The conferees direct the Secretary of Defense to brief the Committees on Armed Services of the Senate and the House of Representatives, no later than February 1, 2017, on the plan to implement the requirements of this provision. 

Senior Military Acquisition Advisors in the Defense Acquisition 

Corps (sec. 866) 

The Senate bill contained a provision (sec. 592) that would add 

a new section 1725 to title 10, United States Code, to authorize the 

Secretary of Defense to establish in the Defense Acquisition Corps 

positions to be known as ‘‘Senior Military Acquisition Advisors’’. 

Senior Military Acquisition Advisors would be appointed by the 

President, by and with the advice and consent of the Senate. Eligible officers include officers in the grade of colonel or captain in the 

Navy, with extensive defense acquisition experience, and who are 


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eligible for retirement. Senior Military Acquisition Advisors would 

be authorized to remain in service in support of their Service Acquisition Executive and be assigned as an adjunct professor at the 

Defense Acquisition University. 

Senior Military Acquisition Advisors would be competitively selected and would provide senior level acquisition expertise to the 

Service Acquisition Executive of their military department for the 

remainder of their career. An officer who is continued on active 

duty under this program is not eligible for consideration for selection for promotion. A Senior Military Acquisition Advisor will serve 

no longer than a 5-year term. When a Senior Military Acquisition 

Advisor retires with a minimum of 3 years of service, the officer 

may, at the discretion of the President, be retired as a brigadier 

general or rear admiral (lower half), but without increase in retired 

pay or other compensation by reason of retirement of an officer in 

the grade of brigadier general or rear admiral (lower half). 

The House amendment contained no similar provision. 

The House recedes. 

Authority of the Secretary of Defense under the acquisition demonstration project (sec. 867) 

The Senate bill contained a provision (sec. 1104) that would repeal section 1762 of title 10, United States Code, and create a new 

section 1763 of title 10, United States Code, to provide a permanent authority that would allow the Secretary of Defense to establish and adjust a special system of personnel programs for employees in the Department of Defense civilian acquisition workforce and 

supporting personnel assigned to work directly with that workforce. 

The House amendment contained no similar provision. 

The House recedes with an amendment that moves the administration of the Department of Defense acquisition workforce demonstration project from the Office of Personnel Management to the 

Department of Defense. 

Subtitle F—Provisions Related to Commercial Items 

Market research for determination of price reasonableness in acquisition of commercial items (sec. 871) 

The House amendment contained a provision (sec. 822) that 

would amend section 2377 of title 10, United States Code, relating 

to the preference for acquisition of commercial items by adding a 

new subsection that would require procurement officials of the Department of Defense to conduct or obtain market research when determining price reasonableness for commercial items. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Value analysis for the determination of price reasonableness (sec. 

872) 

The House amendment contained a provision (sec. 823) that 

would amend section 2379(d) of title 10, United States Code, by 

adding a new paragraph that would allow contractors to submit information or analysis pertaining to the value of a commercial item 

when responding to solicitations. This section would also allow conVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 01154 Fmt 6601 Sfmt 6601 E:\HR\OC\HR840.XXX HR840

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tracting officers to consider value analysis, in addition to historic 

pricing data, when determining price reasonableness for commercial items. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Clarification of requirements relating to commercial item determinations (sec. 873) 

The House amendment contained a provision (sec. 824) that 

would amend section 2380 of title 10, United States Code, to expand Department of Defense centralized records relating to commercial item determinations to include market research and price 

reasonableness analysis. This section would also eliminate the requirement that such records be publicly accessible. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Inapplicability of certain laws and regulations to the acquisition of 

commercial items and commercially available off-the-shelf items 

(sec. 874) 

The Senate bill contained a provision (sec. 861) that would 

amend section 2375 of title 10, United States Code, to require the 

establishment of a list in the Defense Federal Acquisition Regulation Supplement of inapplicable defense-unique statutes applicable 

to contracts for commercial items and commercially available offthe-shelf items. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would exclude sections 2533a and 2533b of title 10, United States Code, from the applicability of this section. 

Use of commercial or non-Government standards in lieu of military 

specifications and standards (sec. 875) 

The Senate bill contained a provision (sec. 863) that would require the Secretary of Defense to ensure that the Department of 

Defense uses performance and commercial specifications and standards in lieu of military specifications and standards, including for 

procuring new systems, major modifications, upgrades to current 

systems, non-developmental and commercial items, and programs 

in all acquisition categories, unless no practical alternative exists 

to meet user needs. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would clarify that 

commercial or non-governmental specifications and standards 

should be used in lieu of military specifications and standards. The 

amendment also would require the Department of Defense to maintain an inventory of commercial and non-governmental standards 

licenses. 

Preference for commercial services (sec. 876) 

The Senate bill contained a provision (sec. 864) that would require the Secretary of Defense to issue guidance pursuant to section 855 of the National Defense Authorization Act for Fiscal Year 

2016 (Public Law 114–92). This provision would ensure that no 


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head of an agency would enter into a contract in excess of the simplified acquisition threshold for specified services that are not commercial services unless the head of the agency determines in writing that no commercial services are suitable to meet the agency’s 

needs as provided in section 2377(c)(2) of title 10, United States 

Code. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would require 

written determination that market research has been conducted 

prior to awarding a contract for facilities-related services, knowledge-based services (except engineering services), construction services, medical services, or transportation services that are not commercial services. For contracts over $10 million, the service acquisition executive, the head of a defense agency, the combatant commander, or the Under Secretary of Defense for Acquisition, Technology, and Logistics shall provide the written determination. For 

contracts valued between the simplified acquisition threshold and 

$10 million, the contracting officer shall provide the written determination. 

The conferees direct the contracting officer to retain a copy of 

each written determination required by this provision in the relevant contract file. 

Treatment of commingled items purchased by contractors as commercial items (sec. 877) 

The Senate bill contained a provision (sec. 865) that would add 

a new section to chapter 140 of title 10, United Stated Code, to 

treat the purchase of items valued at less than $10,000 prior to the 

release of a government request for proposal as a commercial item. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would clarify that 

items procured by any contractor for use in the performance of 

multiple contracts with the Department of Defense and other parties and are not identifiable to any particular contract should be 

treated as commercial items. 

Treatment of services provided by nontraditional contractors as 

commercial items (sec. 878) 

The Senate bill contained a provision (sec. 866) that would 

amend section 2380A of title 10, United States Code, to treat business units of nontraditional contractors that offer services as a 

commercial item, if the business unit uses the same personnel and 

similar pricing as offered to commercial customers. 

The House amendment contained no similar provision. 

The House recedes. 

Defense pilot program for authority to acquire innovative commercial items, technologies, and services using general solicitation 

competitive procedures (sec. 879) 

The Senate bill contained a provision (sec. 868) that would 

grant the Secretary of Defense the authority to carry out a pilot 

program to acquire innovative commercial items on a fixed-price 

basis using general solicitation competitive procedures and a peer 

review of such proposals. 


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The House amendment contained no similar provision. 

The House recedes with an amendment that would require the 

Secretary of Defense to issue public guidance for the implementation of the pilot provision, requires congressional notification for 

the award of any contract exceeding $100.0 million using the authority, and modifies the definition of ‘‘innovative’’. 

Pilot programs for authority to acquire innovative commercial items 

using general solicitation competitive procedures (sec. 880) 

The House amendment contained a provision (sec. 825) that 

would allow the Secretary of Defense to carry out a pilot program 

under which innovative commercial items may be acquired through 

a competitive selection of proposals, resulting from a general solicitation and the peer review of such proposals. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would change the 

authority to apply to the Department of Homeland Security and 

the General Services Administration, add a total annual limitation 

to the authority, reduce the reporting required to the congressional 

committees, modifies the definition of ‘‘innovative’’, and extends the 

termination date of the authority to September 30, 2022. 

Subtitle G—Industrial Base Matters 

Greater integration of the national technology industrial base (sec. 

881) 

The Senate bill contained a provision (sec. 871) that would require the Secretary of Defense to develop a plan to reduce the barriers to the seamless integration between the persons and organizations that comprise the National Technology Industrial Base and 

expand the definition in section 2500(1) of title 10, United States 

Code to include the United Kingdom and Australia. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would make technical changes. 

Integration of civil and military roles in attaining national technology and industrial base objectives (sec. 882) 

The Senate bill contained a provision (sec. 872) that would 

amend section 2501(b) of title 10, United States Code, to ensure 

that the Secretary of Defense when meeting the national security 

strategy for the national technology and industrial base shall engage in acquisition reform efforts that: (1) rely, to the maximum extent practicable, upon the commercial national technology and industrial base that is required to meet the national security needs 

of the United States; (2) reduce the reliance of the Department of 

Defense on technology and industrial base sectors that are economically dependent on Department of Defense business; and (3) 

reduce Federal Government barriers to the use of commercial products, processes, and standards. 

The House amendment contained no similar provision. 

The House recedes. 


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Pilot program for distribution support and services for weapon systems contractors (sec. 883) 

The Senate bill contained a provision (sec. 873) that would 

grant permissive authority to the Secretary of Defense to make 

available storage and distribution services support to a contractor 

in support of the performance by the contractor of a contract for 

the production, modification, maintenance, or repair of a weapon 

system that is entered into by an official of the Department of Defense. 

The House amendment contained no similar provision. 

The House recedes with a clarifying amendment that would remove the permanent authority and grant permissive authority to 

the Secretary of Defense to establish a six-year pilot program with 

a report to be delivered in the fourth year of the pilot program outlining the cost effectiveness for both government and industry as 

well as any performance enhancements, and recommendations on 

whether to make the authority permanent, and a review to be conducted by the Comptroller General of the United States during the 

fifth year to inform the potential extension or permanent authorization of the program. 

Nontraditional and small contractor innovation prototyping program (sec. 884) 

The Senate bill contained a provision (sec. 876) that would establish a pilot program for nontraditional contractors and small 

businesses to prototype disruptive solutions that demonstrate new 

capabilities that could provide alternatives to existing acquisition 

programs and assets. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would add the 

Missile Defense Agency and protection against hypersonic weapons 

to the pilot program. 

Subtitle H—Other Matters 

Report on bid protests (sec. 885) 

The Senate bill contained a provision (sec. 821) that would 

amend chapter 137 of title 10, United States Code, to add a new 

section to outline the role of the Government Accountability Office 

(GAO) in bid protests on certain contracts with the Department of 

Defense. The provision would require a large contractor filing a bid 

protest on a defense contract with GAO to cover the cost of processing the protest if all of the elements in the protest are denied 

in an opinion issued by GAO. The provision would also impose a 

withhold on payments above incurred costs on any bridge or temporary contract to an incumbent contractor who submits a protest 

and that protest results in the issuance of a bridge or temporary 

contract. The distribution of this withhold would be dependent on 

the outcome of the protest. 

The House amendment contained a similar provision (sec. 831) 

that would require the Secretary of Defense to enter into a contract 

with an independent entity with appropriate expertise to conduct 

a review of the bid protest process related to major defense acquisition programs. 


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The Senate recedes with an amendment that expands the 

scope of the report to look at ways that the possibility of bid protests may influence behavior by contracting officers and by contractors. The report shall be due 1 year after the date of enactment of 

this Act. 

Review and report on indefinite delivery contracts (sec. 886) 

The House amendment contained a provision (sec. 832) that 

would require the Comptroller General of the United States to review the use of indefinite delivery type contracts by the Department of Defense during fiscal years 2015, 2016, and 2017. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would require the 

review to include an assessment of Department of Defense guidance for entering into indefinite delivery contracts and for the number of vendors that should receive multiple award contracts, as well 

as the number and value of indefinite delivery contracts entered 

into with a single vendor. 

Review and report on contractual flow-down provisions (sec. 887) 

The House amendment contained a provision (sec. 833) that 

would require the Secretary of Defense to enter into a contract 

with an independent entity with appropriate expertise to conduct 

a review of contractual flow-down provisions related to major defense acquisition programs. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would expand the 

types of contractors and suppliers to be included in the required review. The conferees direct the Secretary of Defense or his designee 

to brief the Committees on Armed Services of the Senate and the 

House of Representatives on the interim findings and initial recommendations from the review not later than April 1, 2017. 

Requirement and review relating to use of brand names or brandname or equivalent descriptions in solicitations (sec. 888) 

The Senate bill contained a provision (sec. 829E) that would 

require the Secretary of Defense to ensure that Department of Defense contract language does not specify a brand name in solicitations unless justification for such a specification is provided and approved in accordance with section 2304(f) of title 10, United States 

Code. 

The House amendment contained a similar provision (sec. 834) 

that would require a review of specifications in information technology acquisitions to increase competition and a review of brand 

names and specifications for acquisitions of goods and services. 

The House recedes with an amendment that would add a review of the policy, guidance, regulations, and training related to 

specifications included in information technology acquisitions to ensure current policies eliminate the unjustified use of potentially 

anti-competitive specifications. 


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

Congress (sec. 889) 

The House amendment contained a provision (sec. 845) that 

would require the Comptroller General of the United States to include in his annual report to Congress on the Government Accountability Office each year a list of the most common grounds for sustaining protests relating to bids for contracts during the preceding 

year. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Study and report on contracts awarded to minority-owned and 

women-owned businesses (sec. 890) 

The House amendment contained a provision (sec. 848) that 

would require the Comptroller General of the United States to perform a study on the number and types of contracts for the procurement of goods or services for the Department of Defense awarded 

to minority-owned and women-owned businesses during fiscal years 

2010 through 2015. The report would be due to the congressional 

defense committees no later than 1 year after the enactment date 

of this Act. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Authority to provide reimbursable auditing services to certain nonDefense Agencies (sec. 891) 

The Senate bill contained a provision (sec. 892) that would 

amend section 893 of the National Defense Authorization Act for 

Fiscal Year 2016 (Public Law 114—92) to provide an exception for 

the Defense Contract Audit Agency to provide audit support to the 

National Nuclear Security Administration on a reimbursable basis. 

The House amendment contained a similar provision (sec. 840). 

The House recedes. 

Selection of service providers for auditing services and audit readiness services (sec. 892) 

The House amendment contained a provision that would require the Department of Defense to select service providers for auditing services and audit readiness services based on the best value 

to the Department rather than based on the lowest price technically acceptable service provider. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Amendments to contractor business system requirements (sec. 893) 

The Senate bill contained a provision (sec. 891) that would 

amend chapter 137 of title 10, United States Code, to add a new 

section that would require the Secretary of Defense to develop and 

initiate a program to improve contractor business systems. The 

provision would clarify that this program would only apply to those 

contractors that do more than 30 percent of their business with the 

federal government and more than 1 percent of their business 

under cost-type contracts. 


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The House amendment contained no similar provision. 

The House recedes with an amendment that would require the 

Department of Defense to identify and make public clear business 

system requirements, allow contractors to submit certification from 

their third-party independent auditors that their business systems 

conform to the Department’s business system requirements, and 

allow a milestone decision authority to require further auditing of 

business systems to manage contractual risk. The amendment 

would also specify that business system requirements only apply to 

contractors that have covered contracts with the United States 

Government accounting for greater than 1 percent of their total 

gross revenue and that are not subject to full cost accounting 

standards pursuant to either section 1502 of title 41, United States 

Code, or regulations implementing section 1502 of title 41, United 

States Code. 

Improved management practices to reduce cost and improve performance of certain Department of Defense organizations (sec. 

894) 

The Senate bill contained a provision (sec. 893) that would require all Department of Defense entities, with the exception of the 

Centers of Industrial and Technical Excellence designated pursuant to section 2474 of title 10, United States Code, which conduct 

commercial or non-inherently governmental work to establish cost 

baselines for their operations and begin to adopt best commercial 

and business management practices to reduce costs and improve 

the performance of such organizations. 

The House amendment contained no similar provision. 

The House recedes. 

Exemption from requirement for capital planning and investment 

control for information technology equipment included as integral part of a weapon or weapon system (sec. 895) 

The Senate bill contained a provision (sec. 895) that would require that the milestone decision authority shall only apply the requirements of paragraphs (2) through (5) of section 11312(b) of title 

40, United States Code, to national security systems upon a written determination that the application of these requirements is appropriate and in the best interests of the Department of Defense. 

The House amendment contained no similar provision. 

The House recedes. 

Modifications to pilot program for streamlining awards for innovative technology projects (sec. 896) 

The Senate bill contained a provision (sec. 896) that would 

amend section 873 of the National Defense Authorization Act for 

Fiscal Year 2016 (Public Law 114–92) to clarify that the use of a 

technical, merit-based selection procedure or the Small Business 

Innovation Research Program or Small Business Technology Transfer Program for the pilot program under this section are competitive procedures for the purposes of chapter 137 of title 10, United 

States Code. The provision would also direct the Secretary of Defense to establish procedures under which a small business or a 

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lic accountant for the review and certification of its accounting system for the purposes of any audits required by this section. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would include auditing officials in the list of personnel who are provided guidance 

and training on the flexible use and tailoring of authorities under 

the pilot program. 

Rapid prototyping funds for the military departments (sec. 897) 

The Senate bill contained a provision (sec. 899A) that would 

amend section 804(d) of the National Defense Authorization Act for 

Fiscal Year 2016 (Public Law 114–92) to authorize the Secretary of 

the Army, Navy, and Air Force each to establish service-specific 

funds for acquisition programs under the rapid fielding and prototyping pathways established in this section. 

The House amendment contained no similar provision. 

The House recedes. 

Establishment of Panel on Department of Defense and AbilityOne 

Contracting Oversight, Accountability, and Integrity; Defense 

Acquisition University training (sec. 898) 

The Senate bill contained a provision (sec. 829H) that would 

prohibit the Secretary of Defense from arranging contracts through 

AbilityOne, or its central non-profit agency, SourceAmerica, and instead require the Secretary to contract directly with qualified nonprofit agencies for the severely disabled until the Department of 

Defense (DOD) Inspector General conducted a review and certified 

the effectiveness of the internal controls and financial management 

of AbilityOne and SourceAmerica. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would establish a 

panel on DOD and AbilityOne contracting oversight, accountability, 

and integrity to review and address the effectiveness and internal 

controls of the program related to DOD contracts. 

Coast Guard major acquisition programs (sec. 899) 

The House amendment contained a provision (sec. 835) that 

would amend section 56(c) of title 14, United States Code, to direct 

the Chief Acquisitions Officer of the Coast Guard to inform the 

Commandant of developments in major acquisition programs that 

have new or revisited trade-offs between costs, scheduling, feasibility, and performance. This section also would amend chapter 15 

of title 14, United States Code, to clarify the role of the Acquisition 

Directorate in ensuring that the needs of customers in major acquisition programs are met in the most cost-effective manner practicable. The Vice Commandant of the Coast Guard would be responsible for representing the operating field units and would serve 

an advisory role to the Commandant for major acquisition programs. The customer of a major acquisition program would be specified as the operating field unit that would field the acquired system and ‘‘major acquisition program’’ would be defined as a program with a life-cycle cost estimate of $300.0 million or more. 

This section also would prohibit the Commandant of the Coast 

Guard from awarding a contract for the design of an unmanned 


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aerial system (UAS) for use by the Coast Guard, and would require 

the Commandant to use and operate only UASs that have already 

been acquired by either the Department of Defense or the Department of Homeland Security. 

This section also would allow the Coast Guard to extend major 

acquisition program contracts if the Comptroller General of the 

United States finds that extending a current contract would be 

more cost effective than awarding a new contract. The Comptroller 

General would determine the costs for acquiring additional vessels 

under an existing contract, as well as the incurred costs due to 

schedule delays and asset design changes that would result from 

awarding a new contract. 

This section also would require the Commandant to review all 

authorities provided under chapter 15 of title 14, United States 

Code, and other relevant statutes and deliver a report to the Committee on Commerce, Science, and Transportation of the Senate 

and the Committee on Transportation and Infrastructure of the 

House of Representatives on how the Commandant can play a more 

appropriate role in the acquisition process with regard to policies, 

requirements, and implementing a more customer-oriented acquisition system. 

This section also would require the Secretary for the department in which the Coast Guard is operating to submit a report to 

the Committee on Commerce, Science, and Transportation of the 

Senate and the Committee on Transportation and Infrastructure of 

the House of Representatives on an analysis of multiyear procurement authorities for the procurement of at least five Fast Response 

Cutters (beginning with hull 43) and Offshore Patrol Cutters (beginning with hull 5). The report would include an assessment of 

costs and benefits, impact on delivery times, and whether acquisitions would meet the four-part test under section 2306b of title 10, 

United States Code. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would allow the 

Coast Guard to acquire unmanned aerial systems that have been 

previously funded by the Departments of Defense or Homeland Security. The amendment would also require the Cost Analysis Division of the Department of Homeland Security to determine if contracts for procurement of additional units under an existing Coast 

Guard major acquisition program contract would be cost effective. 

Enhanced authority to acquire products and services produced in 

Africa in support of covered activities (sec. 899A) 

The Senate bill contained a provision (sec. 885) that would 

grant the Secretary of Defense authority to make a determination 

to limit competition or provide a preference for products and services produced in areas where the United States has long-term 

agreements with host nations in the African region. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would provide for 

an exemption from preferred local procurement for items included 

on the procurement list described in section 8503(a) of title 41, 

United States Code, if such a good can be produced and delivered 

by a qualified non-profit agency for the blind or a non-profit agency 


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for other severely disabled in a timely fashion to support mission 

requirements. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Revision to authorities relating to Department of Defense Test Resource Management Center 

The House amendment contained a provision (sec. 801) that 

would limit application of existing law to the Major Range and Test 

Facility Base and those test and evaluation facilities that are used 

to support the acquisition programs of the Department of Defense. 

The provision would align the statute to the original enactment of 

the law and would prevent reporting requirements from being 

broadened to small laboratory and educational test and evaluation 

facilities. The provision would also define the term ‘‘significant 

change’’ in test and evaluation facilities. 

The Senate bill contained no similar provision. 

The House recedes. 

Repeal of temporary suspension of public-private competitions for 

conversion of Department of Defense functions to performance 

by contractors 

The Senate bill contained a provision (sec. 806) that would repeal section 325 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84). 

The House amendment contained no similar provision. 

The Senate recedes. 

Requirement for policies and standard checklist in procurement of 

services 

The House amendment contained a provision (sec. 809) that 

would establish a procurement policy checklist to ensure accountability in the acquisition of services. 

The Senate bill contained no similar provision. 

The House recedes. 

Non-traditional contractor definition 

The Senate bill contained a provision (sec. 817) that would 

amend section 2302(9) of title 10, United States Code, to clarify the 

definition of a non-traditional contractor. 

The House amendment contained no similar provision. 

The Senate recedes. 

Revision to definition of commercial item 

The House amendment contained a provision (sec. 821) that 

would amend section 103 of title 41, United States Code, to expand 

the types of nondevelopmental items that may be considered commercial items to include items that the procuring agency determines were developed at private expense and sold in substantial 

quantities on a competitive basis to foreign governments. 

The Senate bill contained no similar provision. 

The House recedes. 


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Government Accountability Office bid protest reforms 

The Senate bill contained a provision (sec. 821) that would 

amend chapter 137 of title 10, United States Code, to add a new 

section to outline the role of the Government Accountability Office 

in bid protests on certain contracts with the Department of Defense. 

The House amendment contained no similar provision. 

The Senate recedes. 

Penalties for the use of cost-type contracts 

The Senate bill contained a provision (sec. 826) that would require the secretary of each military department and the head of 

each of the defense agencies to pay a penalty for the use of costtype contracts in certain cases that are awarded in fiscal year 2018 

through fiscal year 2021. 

The House amendment contained no similar provision. 

The Senate recedes. 

Nonapplicability of certain executive order to Department of Defense 

and National Nuclear Security Administration 

The Senate bill contained a provision (sec. 829I) that would 

limit the application of the acquisition regulations mandated by 

Executive Order 13673 to contractors or subcontractors of the Department of Defense that have been suspended or debarred as a result of the federal labor law violations referenced in the Executive 

Order in effect on May 28, 2015. 

The House amendment contained a similar provision (sec. 

1095) that would exempt the Department of Defense and the National Nuclear Security Administration from implementation of Executive Order 13673. 

The conference agreement does not include either provision. 

Requirement that certain ship components be manufactured in the 

national technology and industrial base 

The House amendment contained a provision (sec. 838) that 

would amend section 2534 of title 10, United States Code, and 

would require certain auxiliary ship components to be procured 

from a manufacturer in the national technology and industrial 

base. 

The Senate bill contained no similar provision. 

The House recedes. 

Use of economy-wide inflation index to calculate percentage increase 

in unit costs 

The Senate bill contained a provision (sec. 839) that would 

amend section 2433(f) of title 10, United States Code, to require 

that unit costs be calculated in constant dollars with an economywide inflation index, such as the Gross Domestic Product Price 

Index. 

The House amendment contained no similar provision. 

The Senate recedes. 


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Modifications to the justification and approval process for certain 

sole-source contracts for small business concerns 

The House amendment contained a provision (sec. 842) that 

would repeal section 811 of the National Defense Authorization Act 

for Fiscal Year 2010 (Public Law 111–84) and establish a standard 

justification and approval process for sole-source contracts valued 

at $20.0 million or greater. 

The Senate bill contained no similar provision. 

The House recedes. 

Briefing on design-build construction process for defense contracts 

The House amendment contained a provision (sec. 843) that 

would require the Secretary of Defense to provide the Committee 

on Armed Services of the House of Representatives with a briefing 

on the use and implementation of the two-phase design-build selection procedures. The briefing would include: plans to implement 

the updates to the Federal Acquisition Regulation that amended 

section 2305a, title 10, United States Code; a list of awards for design-build contracts pursuant to 2305a of title 10, United States 

Code, that had more than five finalists; feedback from industry; 

and any challenges to the implementation of this amended statute. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees direct the Secretary of Defense, not later than 

March 1, 2017, to provide the congressional defense committees 

with a briefing on the use and implementation of the two-phase design-build selection procedures. The briefing should include how 

the Department of Defense continues to implement the updates to 

the Federal Acquisition Regulation that implemented the 2015 

amendments to section 2305a, title 10, United States Code, a list 

of instances in which the Department awarded a design-build contract pursuant to section 2305a of title 10, United States Code, that 

had more than five finalists for phase-two requests for proposals 

during fiscal year 2016, and the list of design-build requests for 

proposals that used a one-step process, any feedback the Department has received from industry on the Department’s design-build 

selection procedure, and any challenges to the implementation of 

the statute. 

Assessment of outreach for small business concerns owned and controlled by women and minorities required before conversion of 

certain functions to contractor performance 

The House amendment contained a provision (sec. 844) that 

would prohibit any Department of Defense functions performed by 

civilian employees tied to a military base to be converted to performance by contractors until an assessment is conducted to determine if the Department has sufficiently carried out outreach programs to assist small business concerns owned and controlled by 

women or socially and economically disadvantaged individuals located near a military base. 

The Senate bill contained no similar provision. 

The House recedes. 


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Enhanced use of data analytics to improve acquisition program outcomes 

The Senate bill contained a provision (sec. 853) that that would 

mandate the establishment of activities to promote the use of data 

analytics and other evaluation-related methods to support acquisition decision-making and enhance organizational learning. 

The House amendment contained no similar provision. 

The Senate recedes. 

The conferees note a widespread recognition that the Department of Defense (DOD) does not sufficiently incorporate data into 

its acquisition-related learning and decision-making. Many major 

policy decisions are made without the benefit of being informed by 

substantive data. These policies are sometimes based on assumptions, and program reviews do not always sufficiently incorporate 

relevant data against which to evaluate success. The conferees note 

that the Government Accountability Office reported in 2015 that 

DOD officials responsible for acquisitions and developing requirements lacked access to data and the analytical tools necessary to 

conduct effective reviews. 

The conferees believe that data analysis and other evaluationrelated methods are a critical element in making well-informed acquisition decisions and managing programs. As the Congressional 

Research Service noted, a lack of data or effective data analyses 

can lead to incorrect or misleading conclusions. The result may be 

policies that squander resources, waste taxpayer dollars, and undermine the effectiveness of government programs or military operations. 

The conferees believe that one important aspect of enhancing 

the use of data analytics in acquisitions is for DOD to improve data 

sharing both within its programs and organizations, and where appropriate outside the Department. Sharing data externally includes 

publishing, to the maximum extent practicable, and in a manner 

that protects classified and proprietary information, data collected 

by the Department that is related to acquisition program costs and 

activities. Effectively sharing such data would allow industry, academia, think tanks, and the public to develop analyses of trends, 

lessons learned, best practices, and new analytical methods and 

tools for decision-making. To this end, the conferees encourage the 

Department to fund intramural and extramural research and development activities to develop and implement data analytics capabilities in support of improved acquisition outcomes, possibly 

through leveraging the authorities of the Defense Acquisition 

Workforce Development Fund. 

Therefore, the conferees direct the Secretary of Defense, acting 

through the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Deputy Chief Management Officer, and 

the Chief Information Officer, and in coordination with the military 

services, to assess the effectiveness of current activities and policies 

related to the use of data analysis, measurement, and other evaluation-related methods to the planning, implementation, and management of acquisition programs and the improvement of acquisition outcomes in the Department of Defense. The activities to be 

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fense laboratories, test centers, and Federally Funded Research 

and Development Centers to provide technical support for data 

analytics; and the use of existing analytical capabilities available 

to acquisition programs and offices to support improved acquisition 

outcomes. 

Further, the Secretary of Defense, acting through the Under 

Secretary of Defense for Acquisition, Technology, and Logistics, 

shall conduct a review of the curriculum taught at the National Defense University, the Defense Acquisition University, and appropriate private-sector academic institutions to determine the extent 

to which the curricula includes appropriate courses on data analytics and other evaluation-related methods and their application to 

defense acquisitions, and how these efforts can be used by the acquisition workforce to perform their missions. 

The conferees direct the Secretary of Defense, not later than 1 

year after the date of the enactment of this Act, to brief the Armed 

Services Committees of the Senate and House of Representatives 

on the use of data analysis, measurement, and other evaluation-related methods in DOD acquisition programs. The briefing shall address the extent to which data analytics capabilities have been implemented within the military services, DOD laboratories, test centers, and Federally Funded Research and Development Centers to 

provide technical support for acquisition program management; the 

potential to increase the use of analytical capabilities for acquisition programs and offices to improve acquisition outcomes; the 

amount of funding for intramural and extramural research and development activities to develop and implement data analytics capabilities in support of improved acquisition outcomes; any potential 

improvements, based on private-sector best practices, in the efficiency of current data collection and analysis processes that could 

minimize collection and delivery of data by, from, and to government organizations; steps being taken to appropriately expose acquisition data in an anonymized fashion to researchers and analysts; and an assessment of whether the curriculum at the National 

Defense University, the Defense Acquisition University, and appropriate private-sector academic institutions includes appropriate 

courses on data analytics and other evaluation-related methods and 

their application to defense acquisitions. 

Department of Defense exemptions from certain regulations 

The Senate bill contained a provision (sec. 862) that would exempt purchases of commercial off-the-shelf items by the Department of Defense from certain Executive Orders and give the Secretary of Defense waiver authority for other purchases. 

The House amendment contained no similar provision. 

The Senate recedes. 

Use of non-cost type contracts to acquire commercial items 

The Senate bill contained a provision (sec. 867) that would 

amend section 2377 of title 10, United States Code, to require that 

the Defense Federal Acquisition Regulation Supplement include 

guidance that firm fixed-priced contracts, fixed-price incentive contracts, or fixed-price with economic price adjustment contracts be 

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mercial items. Additionally, this provision would prohibit the use 

of cost-type contracts for commercial items. 

The House amendment contained no similar provision. 

The Senate recedes. 

Modified requirements for distribution of assistance under procurement technical assistance cooperative agreements 

The Senate bill contained a provision (sec. 875) that would 

amend section 2413(c) of title 10, United States Code, to conform 

the Procurement Technical Assistance Program with the Defense 

Logistics Agency current practice of using states as the geographic 

basis for cooperative agreement awards. 

The House amendment contained no similar provision. 

The Senate recedes. 

The conferees agree that the current formula for distribution 

of grants to procurement technical assistance centers (PTACs) 

should be adjusted to address that the Department of Defense has 

consolidated its contract administration services districts, which 

are currently the basis for grant distribution pursuant to section 

2413 of title 10, United States Code. However, the conferees believe 

that a successful funding formula should consider factors such as 

avoiding the discontinuation of services to existing clients of 

PTACs, the desirability of adding new PTACs or expanding the client base of existing PTACs, the population density, geographic accessibility of PTACs, duplication of services, the level of success obtained by particular grant recipients, the availability of funds, and 

other possible factors. Therefore, the conferees direct the Department to provide recommendations on appropriate factors and a 

funding formula. To develop these recommendations, the Department shall, at a minimum, work in consultation with current 

grantees and their representatives and examine comparable grant 

programs operated by other agencies. Such programs could include 

the Small Business Development Centers, Women’s Business Centers, and Veterans Business Outreach Centers of the Small Business Administration or the Business Centers of the Minority Business Development Agency of the Department of Commerce. The Department’s recommendations shall be provided no later than March 

1, 2017. 

Working capital fund for precision guided munitions exports in support of contingency operations 

The Senate bill contained a provision (sec. 882) that would authorize the Secretary of Defense to establish a working capital fund 

to finance inventories of supplies of precision guided munitions in 

advance of partner and allied forces requirements to enhance the 

effectiveness of overseas contingency operations conducted or supported by the United States. 

The House amendment contained no similar provision. 

The Senate recedes. 

Director of Developmental Test and Evaluation 

The Senate bill contained a provision (sec. 894) that would 

amend section 139 of title 10, United States Code, and section 


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196(g) of title 10, United States Code, that would refine the role 

of the Director of Operational Test and Evaluation. 

The House amendment contained no similar provision. 

The Senate recedes. 

The conferees note that Congress re-established a developmental test and evaluation organization within the defense research and engineering enterprise in 2009. Since that time, the 

conferees have become concerned that the Department has not established a reasonable balance of investment between developmental and operational test activities. The conferees believe it is 

necessary to examine the functions and resources of the organizations of the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation (DT&E) and the Director of Operational Test and Evaluation to better understand if the Department has struck the right balance between these activities. To improve test and evaluation results for the Department’s acquisition 

programs in the most efficient manner, the Department’s leadership must ensure sufficient resources to support testing and oversight activities. 

The conferees note that, over time, the resources and influence 

of the Office of the Secretary of Defense and the Service developmental test and evaluation organizations have declined, adversely 

impacting the successful outcomes of acquisition efforts. However, 

the conferees believe that this decline should be re-examined in 

light of the need for stronger developmental test organizations to 

support department-wide efforts to promote technical innovation 

and re-establish battlefield technological superiority. As a result, 

the conferees believe it would be useful for the Department of Defense to review the resources allocated to developmental and operational test and evaluation organizations to address a number of 

issues and questions. 

The conferees direct the Secretary of Defense to form an independent study panel, unaffiliated with a Federally Funded Research and Development Center, to review the appropriate roles, 

responsibilities, and level of resources for both developmental and 

operational test and evaluation activities required to execute statutory and regulatory responsibilities within the Office of the Secretary of Defense. The panel will develop such recommendations as 

it believes appropriate for optimal resources and authorities to support developmental and operational test missions. The review and 

report should be completed no later than 1 year after the enactment of this Act. 

The committee recommends that the panel address the following questions: 

(a) How can the Director of Operational Test and Evaluation and the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation (DASD DT&E) at the Office of 

the Secretary of Defense approach oversight within the system 

development cycle to avoid overlap but be mutually supporting 

without sacrificing the independence of either organization? 

(b) Does participation with and assessment of program 

progress during phases prior to operational test and evaluation 

bias the independent objectivity of the operational test and 

evaluation organization? 


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(c) Are there specific test and evaluation activities that 

should be realigned for management within OSD or the services to promote effectiveness and efficiency of those programs? 

(d) Overall are the developmental and operational test and 

evaluation organizations effectively carrying out the missions 

as described in title 10, United States Code, and are there impediments to meeting those responsibilities? In addition, are 

they engaged in activities outside their mission areas? 

(e) Are the activities of the test and evaluation organizations constructive, not duplicative or disruptive, to support the 

acquisition goals of the military departments and defense 

agencies? 

(f) What staffing authorities and other resources are needed to support effective and efficient oversight of both the developmental and operational phases of testing commensurate with 

the effort to each relative to the portion of the programs that 

their oversight entails? 

Improved transparency and oversight over Department of Defense 

research, development, test, and evaluation efforts and procurement activities related to medical research 

The Senate bill contained a provision (sec. 898) that would prohibit the Secretary of Defense from entering into a contract, grant, 

or cooperative agreement for congressional special interest medical 

research programs under the congressionally directed medical research program of the Department of Defense unless additional 

cost accounting and other specified requirements were implemented. 

The House amendment contained no similar provision. 

The Senate recedes. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND

MANAGEMENT

Subtitle A—Office of the Secretary of Defense and Related Matters 

Organization of the Office of the Secretary of Defense (sec. 901) 

The Senate bill contained a provision (sec. 901) that would 

amend section 133 of title 10, United States Code, to establish the 

position of the Under Secretary of Defense for Research and Engineering, amend section 138 of title 10, United States Code, to establish and consolidate certain Assistant Secretary of Defense positions, and make other conforming changes. The provision would 

also amend section 132a of title 10, United States Code, to redesignate the Under Secretary of Defense for Business Management and 

Information as the Under Secretary of Defense for Management 

and Support. 

The House amendment contained a provision (sec. 846) that 

would revise the effective date for amendments relating to the conversion of the position of the Deputy Chief Management Officer to 

the position of the Under Secretary of Defense for Business Management and Information. 

The House recedes with an amendment that would amend 

chapter 4 of title 10, United States Code, to establish an Under 


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Secretary of Defense for Research and Engineering, an Under Secretary of Defense for Acquisition and Sustainment, and a chief 

management officer within the Department of Defense, effective on 

February 1, 2018. The amendment would make other modifying 

and conforming changes, and require the Secretary of Defense to 

conduct a review and submit a report to the congressional defense 

committees on the organizational and management structure for 

the Department. 

Three broad priorities framed the conference discussions: (1) 

elevate the mission of advancing technology and innovation within 

the Department; (2) foster distinct technology and acquisition cultures to better deliver superior capabilities for the armed forces; 

and (3) provide greater oversight and management of the Department’s Fourth Estate. The conferees believe that separating the 

‘‘chief technology officer’’ and ‘‘chief acquisition officer’’ responsibilities currently residing with the Under Secretary of Defense for Acquisition, Technology, and Logistics, as well as establishing a ‘‘chief 

management officer’’ within the Department, addresses these priorities and better postures the Office of the Secretary of Defense organizationally to meet future national security challenges. 

The conferees believe the technology and acquisition missions 

and cultures are distinct. The conferees expect that the Under Secretary of Defense for Research and Engineering would take risks, 

press the technology envelope, test and experiment, and have the 

latitude to fail, as appropriate. Whereas the conferees would expect 

the Under Secretary of Defense for Acquisition and Sustainment to 

focus on timely, cost-effective delivery and sustainment of products 

and services, and thus seek to minimize any risks to that objective. 

Some will argue that the agreement exacerbates the technology 

‘‘valley of death.’’ The conferees acknowledge that there will be 

seams in any organizational construct, but also believe that this 

seam creates a healthy tension that can be mitigated through effective leadership and management. As an Under Secretary, third in 

precedence, the conferees expect that the ‘‘chief technology officer’’ 

would have the stature and resources to drive innovation throughout the Department, including as needed through development and 

implementation of innovative policies and practices. At the same 

time, the conferees would expect the Under Secretary of Defense 

for Acquisition and Sustainment to challenge any advanced technology ideas that the Under Secretary cannot confidently deliver on 

within cost, schedule, and performance objectives, and shape those 

efforts appropriately. 

The conferees recognize that the implementation of this provision will require further examination and analysis, to include a 

deeper review of authorities, responsibilities, resource implications, 

and the appropriate allocation of subordinate positions and organizations. As such, the provision provides policy guidance on roles 

and responsibilities for each of the three senior leadership positions 

and repeals requirements in statute for specific subordinate assistant and deputy assistant secretaries of defense to provide flexibility 

to the Department to allocate such subordinate positions to best 

meet congressional policy guidance. 

The conferees believe a review of authorities is particularly important, especially as they relate to any direction and supervisory 


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authorities vested in the three senior leadership positions, to allow 

those senior leaders to effectively oversee and manage activities 

and resources within their portfolios at the direction of the Secretary of Defense. Similarly, the conferees believe an in-depth examination of the placement within the Department and the responsibilities of the chief management officer is also warranted, as they 

believe such an officer could provide greater oversight and management of the non-homogenous organizations that comprise the Department’s Fourth Estate. The conferees also believe an examination of the potential for the establishment of a Chief Innovation Officer position, informed by best private sector practices, is warranted. 

The conferees set a date of February 1, 2018, for the implementation of the three senior leadership positions, to provide the 

Department with time to conduct the required review, to engage 

the congressional defense committees, and to provide its recommendations on an organization and management structure for 

the Department. However, the conferees encourage the President to 

move out earlier on nominations for these senior leadership positions. 

Lastly, while the focus of this provision is on the Office of the 

Secretary of Defense, the conferees also recognize that the Department as a whole must be examined to provide the organizational 

and management agility and adaptability necessary to address 

longer-term national security challenges. 

Responsibilities and reporting of the Chief Information Officer of 

the Department of Defense (sec. 902) 

The Senate bill contained a provision (sec. 903) that would 

amend paragraph 8 of section 132(b) of title 10, United States 

Code, to establish the position of the Assistant Secretary of Defense 

for Information. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would clarify in 

sections 131 and 142 of title 10, United States Code, the responsibilities of the Chief Information Officer of the Department of Defense. 

The conferees direct the Secretary of Defense to develop a plan 

within 180 days after the enactment of this Act to implement a 

more optimized organizational structure and processes to support 

information management and cyber operations to include the policy, direction, oversight and acquisition functions performed by the 

Deputy Chief Management Officer, the Chief Information Officer, 

the Under Secretary of Defense for Acquisition, Technology and Logistics, the Under Secretary for Policy, and the Under Secretary for 

Intelligence and any other relevant entity in the Department of Defense. This plan should include both business systems and national 

security systems and explore the responsibilities for cyber and 

space policy, information network defense, and the development of 

policies and standards governing information technology systems 

and related information security activities of the Department. This 

plan should also assess the effectiveness and utility of the cross 

functional team supporting the Principal Cyber Advisor established 


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by section 932(c)(3) of the National Defense Authorization Act for 

Fiscal Year 2014 (Public Law 113–66). 

Maximum number of personnel in Office of the Secretary of Defense 

and other Department of Defense headquarters offices (sec. 903) 

The Senate bill contained a provision (sec. 904) that would: 

(1) amend section 143 of title 10, United States Code, to 

limit the number of civilian and detailed individuals authorized to be assigned to the Office of the Secretary of Defense to 

3,767; 

(2) amend section 155 of title 10, to limit the number of 

personnel on the Joint Staff to 1,930 including not more than 

1,500 Active-Duty service members; 

(3) amend section 3014 of title 10, to limit the total number of members of the Armed Forces and civilian employees of 

the Department of the Army assigned or detailed to permanent 

duty in the Office of the Secretary of the Army and on the 

Army staff to 3,105; and to reduce the total number of general 

officers assigned or detailed to permanent duty in the Office of 

the Secretary of the Army and on the Army staff from 67 to 

50. 

(4) amend section 5014 of title 10, to limit the total number of members of the Armed Forces and civilian employees of 

the Department of the Navy assigned or detailed to permanent 

duty in the Office of the Secretary of the Navy and on the 

Navy staff to 2,866; and to reduce the total number of flag officers assigned or detailed to permanent duty in the Office of the 

Secretary of the Navy and on the Navy staff from 67 to 50. 

(5) amend section 8014 of title 10, to limit the total number of members of the Armed Forces and civilian employees of 

the Department of the Air Force assigned or detailed to permanent duty in the Office of the Secretary of the Air Force and 

on the Air Force staff to 2,639; and to reduce the total number 

of general officers assigned or detailed to permanent duty in 

the Office of the Secretary of the Air Force and on the Air 

Force staff from 60 to 45. 

The provision would further clarify the exceptions to the personnel limits. It would allow the limits to be increased by 15 percent during a national emergency. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would limit the 

number of civilians assigned or detailed to the headquarters operations, establish a 2,069 personnel limit for the Joint Staff, and 

clarify that the exceptions to the personnel limits allow an additional 15 percent during national emergencies. 

Repeal of Financial Management Modernization Executive Committee (sec. 904) 

The Senate bill contained a provision that would repeal section 

185 of title 10, United States Code, regarding the Department of 

Defense Financial Management Modernization Executive Committee. 

The House amendment contained no similar provision. 

The House recedes. 


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Subtitle B—Organization and Management of the Department of 

Defense Generally 

Organizational Strategy for the Department of Defense (sec. 911) 

The Senate bill contained a provision (sec. 941) that would require the Secretary of Defense to develop and implement an organizational strategy for the Department of Defense (DOD). 

The House bill contained no similar provision. 

The House recedes with an amendment that would: (1) streamline and condense the organizational strategy required from the 

Secretary; (2) substantially enhance the requirement for an independent study of private sector and government experience with 

cross-functional teams (CFTs), and the use of cross-functional 

groups by the Department of Defense, to inform the Secretary’s implementation of CFTs and the cultural changes needed for their 

success; (3) lengthen and rationalize the timelines for the next Secretary of Defense to accomplish the changes mandated by the Senate provision; and (4) provide additional discretion to the Secretary 

regarding the number, characteristics, and application of mandated 

CFTs. 

The intention of the conferees in adopting this provision is to 

provide the Secretary of Defense with a valuable tool for improving 

the performance of even the most elite organizations. Recognizing 

that the civilian and military employees of the Department of Defense are committed to the mission of protecting and defending the 

United States, the conferees believe that CFTs will provide the Secretary, and therefore the DOD workforce, a tool to more-effectively 

achieve their shared mission. The conferees believe that CFTs will 

enable the Secretary to more rapidly and effectively develop solutions and strategies for complex critical objectives and other organizational outputs of the Department of Defense by harnessing and 

integrating the expertise and ingenuity resident in the Department’s functional organizations. 

Successful CFTs require that DOD develop a more collaborative culture, just as the Goldwater-Nichols Act reforms required 

a cultural change to instill ‘‘jointness’’ among the military services 

to better support integrated operations for the combatant commands. The conferees recognize that it is difficult to legislate cultural change, but note that cultural change mandated by Goldwater-Nichols was achieved, and that this section promotes a more 

collaborative culture by such practical steps as training, directives 

and guidance, and performance reviews. However, the views and 

expectations of the Secretary and his principal staff advisers will 

be critical to success. 

DOD officials have expressed the concern that the CFTs mandated under this section will undermine the authority of the Secretary of Defense and confuse lines of responsibility. The conferees 

emphasize that the authority of the CFTs, which will be established and directed by the Secretary and will support the Secretary, derives from the authority of the Secretary. Any authority 

being exercised is the delegated authority of the Secretary and is 

to be applied to cross-cutting objectives and other organizational 

issues that are not under the authority of any officials other than 

the Secretary and Deputy Secretary of Defense. 


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The conferees note that DOD has established CFTs in the past 

that were highly effective, including teams to improve care for 

wounded warriors, dramatically increase intelligence support to 

counter-terrorism forces, and rapidly build thousands of life-saving 

armored vehicles to protect forces facing dire threats from improvised explosive devices. The attributes of these successful teams, 

and the manner in which they were managed, as well as the collective experience of the private sector and other government organizations, are reflected in the provision adopted by the conferees. 

The conferees hope and expect that the good-faith implementation of this provision will demonstrate the value of properly constructed CFTs, which will spur the use of such teams across the 

Department, supporting officials and decision-making at all levels 

of the enterprise. 

Policy, organization, and management goals and priorities of the 

Secretary of Defense for the Department of Defense (sec. 912) 

The Senate bill contained a provision (sec. 942) that would require a series of management directives for the next Secretary of 

Defense. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would scope the 

management overview to focus on policy goals, organizational management, and delayering of Department of Defense organizations 

and require updates in the form of a briefing on February 1 of each 

year through 2022 after the initial written report is submitted by 

April 1, 2017. 

The Conferees note that the Secretary of Defense is expected 

to utilize the delivery unit authorized in this Act to assist with the 

execution and tracking of goals set under this provision. 

Secretary of Defense delivery unit (sec. 913) 

The Senate bill contained a provision (sec. 906) that would provide the Secretary of Defense with the authority to establish a delivery unit that would report directly to the Secretary in order to 

provide expertise and support on key reform and business transformation priorities across the Department for no more than four 

years beginning February 1, 2017. Such delivery unit may utilize 

the public-private talent exchange authorities available to the Secretary and consist of no more than 30 professionals with deep experience in management consulting, organization transformation, and 

data analytics. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would expand the 

role of the delivery unit beyond the business transformation process to also include the authority to identify and recommend resolutions to obstacles impeding the implementation of the Secretary’s 

policies. The amendment also moves the establishment date of the 

delivery unit to March 1, 2017. 

Performance of civilian functions by military personnel (sec. 914) 

The House amendment contained a provision (H. 923) that 

would prohibit the conversion of positions performed by civilian 

personnel to performance by military personnel in most cases. 


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The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would further 

clarify that functions performed by civilian personnel should not be 

performed by military personnel except to meet mission requirements, as determined by the Secretary of a military department, or 

to address critical staffing needs for no more than one year resulting from congressional reductions in personnel or budgetary resources. 

Repeal of requirements relating to efficiencies plan for the civilian 

personnel workforce and service contractor workforce of the Department of Defense (sec. 915) 

The Senate bill contained a provision (sec. 1084) that would repeal section 955 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239). 

The House amendment contained no similar provision. 

The House recedes. 

Subtitle C—Joint Chiefs of Staff and Combatant Command Matters 

Joint Chiefs of Staff and related combatant command matters (sec. 

921) 

The Senate bill contained a provision (sec. 921) that would 

amend sections 151 and 153 of title 10, United States Code, to clarify the role of the Chairman of the Joint Chiefs of Staff and the 

key duties that this officer must perform on behalf of the joint 

force, specifically: providing advice on the military elements of defense strategy and the global integration of military activities; advocating for the joint warfighter of today and tomorrow, especially 

with respect to developing joint capabilities; ensuring comprehensive joint readiness; and fostering joint force development. This 

provision seeks to clarify the role of the Chairman and thereby set 

an expectation that the preponderance of any Chairman’s time 

should be devoted to the key strategic, global, and joint duties that 

are the Chairman’s unique purview within the military. 

The provision would also enhance the role of the other members of the Joint Chiefs, and the Joint Chiefs of Staff as a corporate 

body, to provide military advice to civilian leaders, including on the 

military elements of strategy. Current law provides the Chairman 

discretion with regard to how much to consult with the other Joint 

Chiefs and whether to inform civilian leaders of alternative military advice. This provision would seek to better enable the Chairman to act as the principal military adviser to civilian leaders. 

The House amendment contained two similar provisions (sec. 

907 and sec. 908). The first provision in the House amendment 

(sec. 907) would amend section 152(a) of title 10, United States 

Code, to extend the term of office of the Chairman of the Joint 

Chiefs of Staff from 2 years to 4 years. This section would also 

limit the reappointment of the Chairman to additional terms only 

in a time of war, and limit the combined period of service of an officer serving as Chairman or Vice Chairman of the Joint Chiefs of 

Staff to 8 years. 

The second provision (sec. 908) in the House amendment would 

amend section 153(a) of title 10, United States Code, which sets 


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forth the functions of the Chairman of the Joint Chiefs of Staff, by 

codifying the Chairman’s responsibility to provide advice to the 

President and the Secretary of Defense on ongoing military operations and to provide advice to the Secretary on the allocation and 

transfer of forces among combatant commands. 

The House recedes with an amendment that would make certain changes to enhance the position of the other members of the 

Joint Chiefs as military advisors, extend the terms of the Chairman and the Vice Chairman to 4 years and ensure that such terms 

are staggered, outline the Chairman’s role in planning, advice, 

global military integration, and ensure open communication between the combatant commands and the Chairman. 

Organization of the Department of Defense for management of special operations forces and special operations (sec. 922) 

The Senate bill contained a provision (sec. 923) that would 

amend sections 138 and 167 of title 10, United States Code, to 

modify the roles and responsibilities of the Assistant Secretary of 

Defense for Special Operations and Low Intensity Conflict (ASD 

SOLIC) and the Commander of U.S. Special Operations Command 

(SOCOM). 

The House amendment contained no similar provision. 

The House recedes with an amendment that would make clarifying changes. 

The conferees note that in recent years SOCOM has undergone 

significant change and the capabilities of special operations forces 

(SOF) have taken on critical importance for addressing the threat 

posed by violent extremist groups and other security challenges facing our nation. Since 2001, SOCOM’s personnel numbers (civilian 

and military) have nearly doubled, its budget nearly tripled, and 

overseas deployments of SOF nearly quadrupled. 

Under provisions included in the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99–661), commonly referred to as the ‘‘Nunn-Cohen Amendment,’’ the ASD SOLIC is 

tasked with the responsibility to provide ‘‘the overall supervision 

(including oversight of policy and resources) of special operations 

activities’’ and is identified as ‘‘the principal civilian advisor to the 

Secretary of Defense on special operations and low intensity conflict matters.’’ 

The provisions described above were intended to empower the 

ASD SOLIC to serve a hybrid role as: 1) the Department’s lead civilian policy official for matters related to special operations and 

low intensity conflict; and 2) the ‘‘service secretary-like’’ civilian 

with responsibility for the oversight and advocacy of SOCOM and 

the organization, training, and equipping of SOF. However, the 

conferees believe the ASD SOLIC has been challenged in fulfilling 

their ‘‘service secretary-like’’ responsibilities for a number of reasons. For example, the ASD SOLIC’s organizational location within 

the office of the Undersecretary of Defense for Policy (USD(P)) has 

resulted in the ASD SOLIC dedicating a preponderance of their 

time and resources to policy and operational issues, at the expense 

of their ‘‘service secretary-like’’ responsibilities. Additionally, other 

civilian offices with greater seniority within the Department exercise related and, at times, overlapping responsibilities for aspects 


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of SOF oversight, thereby complicating the ASD SOLIC’s primacy 

in such matters. Furthermore, the conferees understand that studies directed by the Department when the ASD SOLIC was created 

determined that appropriate staffing levels for the organization 

would require between 95 and 110 personnel. However, the office 

of the ASD SOLIC is currently only staffed by approximately 60 

military and civilian personnel, only 6 of whom are focused on 

tasks related to the oversight and advocacy of the organization, 

training, and equipping of SOF. Furthermore, the addition of responsibilities for the counter-narcotics programs, building partner 

capacity initiatives, and humanitarian and disaster relief efforts of 

the DOD have further stretched the resources available to the office since its creation. 

The conferees intend for this provision to clarify and strengthen the original mandate provided by the Nunn-Cohen Amendment 

that established the ASD SOLIC. The provision is intended to facilitate the unique ‘‘service secretary-like’’ responsibilities of the 

ASD SOLIC by mirroring the administrative chain of command relationship between the service secretaries and the military services 

for issues impacting the special operations-peculiar (commonly referred to as Major Force Program–11) administration and support 

of SOCOM, including the readiness and organization of SOF, resources (including program planning, allocation, and execution) and 

equipment, and relevant civilian personnel matters. The provision 

shall not impact the operational chain of command for SOF activities or the ‘‘service-common’’ responsibilities of the military services 

including personnel and other matters that are not special operations-peculiar. 

The conferees are mindful of the congressionally-directed reductions to headquarters staff, but believe that the ‘‘service secretary-like’’ mission of the ASD SOLIC should be more robustly 

resourced in order to rebalance the ASD SOLIC’s lines of effort and 

fulfill its mandate under title 10, United States Code. The conferees also expect the codification of the Special Operations Policy 

and Oversight Council under this provision to improve the oversight and advocacy of SOF by integrating the efforts of the various 

functional offices with direct or tangential responsibilities for SOF 

issues, thereby partially mitigating the need for significant numbers of additional personnel. 

Additionally, the conferees note that the President approved 

the transfer of the mission for synchronizing global Department of 

Defense operations for countering weapons of mass destruction 

(CWMD) from United States Strategic Command (STRATCOM) to 

United States Special Operations Command on August 4, 2016. According to the Secretary of Defense ‘‘Expediting the transfer of 

CWMD responsibilities will allow USSOCOM to assume leadership 

for synchronization of Department of Defense (DoD) efforts in this 

critical mission, which will include updating the DoD CWMD Campaign Plan and instituting a comprehensive mission assessment 

process. I recommend this course of action to best ensure consistent, focused, and strengthened CWMD efforts across the Department and with our interagency and international partners.’’ 

The conferees support the transfer of the CWMD global synchronization mission to SOCOM because it may ensure appropriate DOD 


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and interagency attention for this critical mission, facilitate synchronization with counterterrorism and other transregional efforts, 

and strengthen the preparedness of U.S. Special Operations Forces 

to counter these threats. However, the conferees are concerned that 

the requirements to successfully implement this mission change 

may not be fully defined and understood at this time. The conferees 

believe that it is important to clearly define requirements for this 

mission transfer to ensure that resources needed by SOCOM to 

adequately carry out this mission are appropriately transferred and 

provided for across the future years defense program. 

Therefore, not later than 90 days after enactment of this Act, 

the conferees direct the Secretary of Defense to submit to the congressional defense committees the implementation plan for the 

transfer of the CWMD global synchronization mission. The report 

should include: an identification of resources, authorities, personnel 

or capabilities needed for this mission, and plans to implement 

those in the future years defense program; identification of the responsibilities, organizations, personnel and capabilities to be transferred from Strategic Command, including those at the Defense 

Threat Reduction Agency, to SOCOM to support the mission; oversight responsibilities within the Office of the Secretary of Defense; 

dates and criteria for the initial operating capability and full operating capability milestones. 

Establishment of Unified Combatant Command for Cyber Operations (sec. 923) 

The House amendment contained a provision (sec. 911) that 

would establish a unified combatant command for cyber operations 

with the primary function to prepare cyber operations forces to 

carry out assigned missions. 

The Senate bill contained no similar provision. 

The Senate recedes with a clarifying amendment. 

The conferees note transparency of U.S. Cyber Command operations, forces, and other activities is critical to oversight of the command by Congress. The conferees expect the quarterly cyber operations briefings, mandated by Title 10, United States Code, Section 

484, to continue to serve as a forum for providing information to 

Congress on all offensive and significant defensive military operations in cyberspace carried out by the unified combatant command 

in the preceding quarter and serve as mechanism for informing 

Congress of other activities of the command. 

In establishing the unified combatant command for cyber operations, the conferees also expect the Secretary of Defense, in conjunction with the relevant agencies and entities within the Department of Defense, to establish formal procedures for notification to 

Congress of significant operations in cyberspace on a timely basis. 

The conferees also expect the Secretary to establish formal procedures for notification to Congress of other significant command activities, such as delegation of new authorities to the United States 

Cyber Command Commander for cyberspace operations by the Secretary of Defense and relevant policy and internal oversight decisions affecting activities of the command. 


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Assigned forces of the combatant commands (sec. 924) 

The Senate bill contained a provision (sec. 1041) that would 

amend section 162 of title 10, United States Code, to require the 

secretaries of the military departments, at the direction of the Secretary of Defense, to assign forces under the jurisdiction of the secretaries concerned to the combatant commands to perform missions 

assigned to the combatant commands. Forces that are not so assigned shall remain under the direction and control of the respective military department secretaries for purposes of carrying out 

the secretaries’ responsibilities under sections 3013, 5013, and 8013 

including organizing, training, and mobilizing of all United States 

military forces. 

The House amendment contained a similar provision (sec. 909). 

The House recedes. 

Modifications to the requirements process (sec. 925) 

The Senate bill contained a provision (sec. 943) that would 

amend Section 181 of title 10, United States Code, to clarify and 

modify the joint and service-specific requirements process. This 

provision would ensure that the service chief of the relevant military service is responsible for all service-specific requirements, and 

Joint Requirements Oversight Council (JROC) validation is not required before commencing a service-specific acquisition program, 

except for a major defense acquisition program or a service-specific 

program designated for JROC oversight by the Chairman of the 

Joint Chiefs of Staff. Additionally, this provision would require the 

Chairman to determine whether a major defense acquisition program meets joint requirements before the program or subprogram 

receives Milestone A approval or is otherwise initiated prior to 

Milestone B. The provision also would make the Vice Chairman of 

the Joint Chiefs of Staff the principal adviser to the Chairman on 

requirements. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would modify the 

responsibilities of the JROC to focus on critical joint warfighting 

needs by: (1) determining gaps in joint military capabilities; (2) 

validating that proposed capabilities fulfill a gap; and (3) approving 

only joint performance requirements, such as interoperability or 

those involving more than one military service. The amendment 

would retain language from section 181 of title 10, United States 

Code, to clarify that the mission of the JROC shall include other 

matters assigned to it by the President or Secretary of Defense, 

and that the Chairman of the Joint Chiefs of Staff shall appoint 

members to the JROC who are recommended by the Secretaries of 

the military departments. The amendment would retain the Under 

Secretary of Defense (Comptroller) as an advisor to the JROC and 

broaden the base of analytic support that shall assist the JROC to 

include organizations within the Department that have operations 

research, systems analysis, and cost estimation expertise. The 

amendment also would modify definitions of joint military capabilities and performance requirements. 

The amendment also would provide the JROC with authority 

to review performance requirements for other proposed or existing 

capabilities that the Chairman determines should be reviewed by 


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the JROC. The conferees expect that this authority would be used 

only in limited situations, such as the review of proposed capabilities that may affect the joint force or an existing materiel capability solution that may no longer satisfy a previously identified 

gap. This authority should not supersede any other existing statutory or regulatory authority that pertains to the review and approval of requirements by other entities, such as the Missile Defense Agency or the authority to validate requirements provided to 

the Special Operations Command in Section 167 of title 10, United 

States Code. 

Additionally, the amendment requires that the Secretary of 

Defense establish an investment review process, to be co-chaired by 

the Deputy Secretary of Defense and the Vice Chairman of the 

Joint Chiefs of Staff, to establish cost and fielding targets for new 

programs pursuant to section 2448a of this Act. To support establishment of cost and fielding targets, the amendment transfers 

from the JROC to the new investment review process the review 

of trade-offs among life-cycle cost, schedule, and performance objectives. The conferees direct the Secretary to develop a plan for implementing this investment review process and to brief the defense 

committees on the elements of the plan no later than 6 months 

after enactment of the Act. In developing the plan, the conferees 

direct the Secretary to evaluate the Department’s Analysis of Alternatives process for determining trade-offs and weapon system solutions in acquisition programs. 

Assessments of combatant command structure (sec. 926) 

The Senate bill contained a provision (sec. 924) that would direct the Secretary of Defense to initiate a pilot program on the organization of a unified combatant command by organizing the subordinate commands of such unified combatant command in the 

form of joint task forces. 

The House amendment contained a similar provision (sec. 914) 

that would require the Secretary of Defense to enter into a contract 

with an independent entity to conduct an assessment on the combatant command structure and to provide recommendations for improving the overall effectiveness of combatant command structures. 

The Senate recedes with an amendment clarifying that the 

Secretary of Defense shall conduct an assessment of the organization of the combatant commands and provide recommendations for 

changes to improve the effectiveness of such commands as well as 

enter into a contract for an independent assessment of the organization of the combatant commands. 

The conferees expect the assessments to address any deficiencies in the current organization of the combatant commands; to 

review the growth in the size of staffs of the unified combatant 

commands and whether such growth inhibits an effective and efficient performance; to determine whether the combatant commands 

are best aligned to address persistent, trans-regional, cross-functional, and multi-domain threats; and to assess whether the current structure encourages the unified combatant commands to be 

overly focused on mission support activities and not sufficiently focused on operational missions of the combatant commands. 


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Subtitle D—Organization and Management of Other Department of 

Defense Offices and Elements 

Qualifications for appointment of the Secretaries of the military departments (sec. 931) 

The Senate bill contained a provision (sec. 902) that would 

amend sections 3013, 5013, 8013 of title 10, United States Code, 

to prescribe management experience of large and complex organizations as qualification required for individuals to serve as the Secretaries of the Army, Navy, and Air Force, respectively. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would establish 

that service secretaries shall, to the greatest extent practicable, be 

appointed from among persons most highly qualified for the position by reason of background and experience, including persons 

with appropriate management or leadership experience. 

Enhanced personnel management authorities for the Chief of the 

National Guard Bureau (sec. 932) 

The Senate bill contained a provision (sec. 944) that would 

amend section 1058 of title 10, United States Code, to enhance the 

personnel management authority of the Chief of the National 

Guard Bureau by authorizing the Chief to program for, appoint, 

employ, administer, detail, and assign federal civilian employees to 

provide full-time support to the non-federalized National Guard. 

This provision clarifies that state adjutants general will continue to 

exercise their authority to hire, employ, and supervise the federal 

civilian employees providing full-time support to their state. 

The House amendment contained no similar provision. 

The House recedes. 

Reorganization and redesignation of Office of Family Policy and Office of Community Support for Military Families with Special 

Needs (sec. 933) 

The Senate bill contained a provision (sec. 947) that would 

amend sections 1781(a) and 1781(c) of title 10, United States Code, 

to reorganize and redesignate the Office of Family Policy into the 

Office of Military Family Readiness Policy and the Office of Community Support for Military Families with Special Needs into the 

Office of Special Needs. The provision would reorganize the Office 

of Special Needs under the Office of Military Family Readiness Policy. The provision would also require the director of the Office of 

Military Family Readiness Policy to be a member of the Senior Executive Service or a general or flag officer. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would repeal the 

requirement for the head of the office to be a member of the Senior 

Executive Service or a general or flag officer. 

Redesignation of Assistant Secretary of the Air Force for Acquisition 

as Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics (sec. 934) 

The Senate bill contained a provision (sec. 949) that would 

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designate the title of ‘‘Assistant Secretary of the Air Force for Acquisition’’ to read ‘‘Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics’’ in this and all other laws. 

The House amendment contained no similar provision. 

The House recedes. 

Subtitle E—Strategies, Reports, and Related Matters 

National Defense Strategy (sec. 941) 

The Senate bill contained a provision (sec. 1096) that would require the Secretary of Defense to provide the congressional defense 

committees a national defense strategy that addresses the highest 

priority missions for the Department of Defense, the most critical 

and enduring threats to the national security of the United States 

and its allies, and the strategies that the Department will use to 

counter those threats. 

The House amendment contained a similar provision (sec. 904). 

The House recedes with amendments clarifying the form and 

frequency of the national defense strategy and making other technical changes. 

Commission on the National Defense Strategy for the United States 

(sec. 942) 

The House amendment contained a provision (sec. 903) that 

would establish a commission to be known as the ‘‘Commission on 

the National Defense Strategy for the United States’’ to examine 

and make recommendations with respect to national defense strategy for the United States. 

The Senate bill contained a similar provision (sec. 1078). 

The Senate recedes with amendments addressing threat assessments and force structure and making other technical changes. 

The commission would replace the National Defense Panel and 

precede the development of the National Defense Strategy, required elsewhere in this Act. The conferees believe that such an 

independent effort to provide recommendations and identify key 

issues and areas of focus, would improve the Secretary’s development of strategy. Furthermore, the conferees believe that such a bipartisan effort could help build national consensus on how to address complex and challenging national security issues. 

Reform of the national military strategy (sec. 943) 

The Senate bill contained a provision (sec. 921(c)) that would 

revise the requirements of the national military strategy. 

The House amendment contained a similar provision (sec. 905). 

The Senate recedes with technical amendments that include 

language from the Senate provision. 

Form of annual national security strategy report (sec. 944) 

The Senate bill contained a provision (Sec. 1090) that would 

amend Section 108(c) of the National Security Act of 1947 (50 

U.S.C. 3043(c)) by requiring the national security strategy report to 

be delivered in classified form, but it may include an unclassified 

summary. 

The House amendment contained no similar provision. 


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The Senate recedes with technical amendment that clarifies 

the report should be delivered to Congress. 

Modification to independent study of national security strategy formulation process (sec. 945) 

The House amendment contained a provision (sec. 906) that 

would amend section 1064 of the National Defense Authorization 

Act for Fiscal Year 2016 (Public Law 114–92), which requires an 

independent study of the national security strategy formulation 

process, by adding a requirement for the study to address the 

workforce responsible for conducting strategic planning and to examine how Congress fits into the strategy formulation process. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Subtitle F—Other Matters 

Enhanced security programs for Department of Defense personnel 

and innovation initiatives (sec. 951) 

The Senate bill contained a provision (sec. 973) that would require the Secretary of Defense to take actions to allow the Defense 

Security Service to conduct before October 1, 2017, all personnel 

background and security investigations adjudicated by the Consolidated Adjudication Facility of the Department of Defense. This provision would also strengthen insider threat detection programs by 

streamlining requirements for the collection, storage, and retention 

of information and would allow the Department to seek solutions 

from commercial companies and improve the process for the reciprocity of security clearances. 

The House amendment contained a similar provision (sec. 215) 

that would require the Secretary of Defense to develop and sustain 

a new security clearance information technology architecture to replace the legacy system of the Office of Personnel Management. 

Further, this section would require the Secretary of Defense, Director of National Intelligence, and Director of the Office of Personnel 

Management to issue a governance charter to delineate responsibilities between organizations, as well as to review and revise as necessary the executive orders, statutes, and other authorities related 

to personnel security. This section would also require quarterly notifications to designated congressional committees until September 

30, 2019. 

The House recedes with an amendment that would require the 

Department to prepare a plan to potentially transfer personal background and security clearance investigations back to the Department of Defense, include requirements for developing the information technology systems to support background investigations, and 

provide authority to waive some statutory deadlines related to the 

timelines for background investigations. 

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. 952) 

The Senate bill contained a provision (S. 972) that would 

amend section 2674 of title 10, United States Code, to update the 


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authority of the Secretary of Defense to appoint law enforcement 

personnel to protect the Pentagon reservation and Department of 

Defense activities in the National Capital Region, and to set the 

rates of basic pay for law enforcement and security personnel 

whose permanent duty station is the Pentagon reservation. 

The House amendment contained no similar provision. 

The House recedes. 

Modifications to requirements for accounting for members of the 

Armed Forces and Department of Defense civilian employees 

listed as missing (sec. 953) 

The Senate bill contained a provision (sec. 971) that would 

amend sections 1501, 1505, and 1513 of title 10, United States 

Code, to elevate oversight of recovery policy and operations for current conflicts from the Defense POW/MIA Accounting Agency 

(DPAA) to the Secretary of Defense, and to clarify that the DPAA 

director retains authority to establish policy and execute recovery 

operations for missing persons from past conflicts. In addition, this 

provision would clarify that the Department is required to account 

for missing persons only to the extent practicable upon discovery 

of remains of missing personnel. 

The House amendment contained a similar provision (sec. 925). 

The Senate recedes. 

Modifications to corrosion report (sec. 954) 

The House amendment contained a provision (sec. 921) that 

would amend section 2228(e)(1) of title 10, United States Code, to 

modify Department of Defense corrosion reporting requirements. 

The Senate bill contained no similar provision. 

The Senate recedes. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Sense of Congress on Goldwater-Nichols Reform 

The House amendment contained a provision (sec. 901) that 

would express the sense of Congress that certain principles should 

be adhered to in any reform of the Goldwater-Nichols Department 

of Defense Reorganization Act of 1986 (Public Law 99–433). 

The Senate bill contained no similar provision. 

The House recedes. 

Authority to employ civilian faculty members at Joint Special Operations University 

The House amendment contained a provisions (sec. 922) that 

would amend section 1595(c) of title 10, United States Code, to provide the Joint Special Operations University the flexibility to hire 

civilians as professors, instructors, and lecturers. 

The Senate bill contained no similar provision. 

The House recedes. 

Public release by inspectors general of reports of misconduct 

The House amendment contained a provision (sec. 924) that 

would amend sections 141, 3020, 5020, and 8020 of title 10, United 

States Code, to require the Department of Defense Inspector GenVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 01186 Fmt 6601 Sfmt 6601 E:\HR\OC\HR840.XXX HR840

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eral and the service inspectors general to publicly release reports 

of administrative investigations that substantiate misconduct of 

members of the Senior Executive Service, schedule C employees, or 

commissioned officers in pay grade O–6 promotable and above. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees believe the public is entitled to appropriate access to investigations that substantiate misconduct by senior officials of the Department of Defense and the military departments. 

The conferees note that the Department of Defense Inspector General’s on-line FOIA Reading Room currently includes reports concerning those senior officials. 

Redesignation of the Department of the Navy as the Department of 

the Navy and Marine Corps 

The House amendment contained a provision (sec. 931) that 

would redesignate the Department of the Navy as the Department 

of the Navy and Marine Corps. The House amendment contained 

additional provisions (sections 932, 933, and 934) that would provide technical and conforming amendments to other provisions of 

the law consistent with the redesignation proposed under section 

931. 

The Senate bill contained no similar provision. 

The House recedes. 

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters 

General transfer authority (sec. 1001) 

The Senate bill contained a provision (sec. 1001) that would 

allow the Secretary of Defense to transfer up to $4.0 billion of fiscal 

year 2017 funds authorized in division A of this Act to unforeseen 

higher priority needs in accordance with normal reprogramming 

procedures. Transfers of funds between military personnel authorizations would not be counted toward the dollar limitation in this 

provision. 

The House amendment contained a similar provision (sec. 

1001) that would allow the Secretary of Defense, with certain limitations, to make transfers between amounts authorized for fiscal 

year 2017 in division A of this Act. This section would limit the 

total amount transferred under this authority to $5.0 billion. This 

section would also require prompt notification to Congress of each 

transfer made. 

The Senate recedes with an amendment that would that would 

allow the Secretary of Defense to transfer up to $4.5 billion of fiscal 

year 2017 funds authorized in division A of this Act to unforeseen 

higher priority needs in accordance with normal reprogramming 

procedures. 

Report on auditable financial statements (sec. 1002) 

The House amendment contained a provision that would require the Secretary of Defense to submit to the congressional defense committees, not later than 30 days after enactment, a report 


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ranking all military departments and Defense Agencies in order of 

how advanced they are in achieving auditable financial statements 

as required by law. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would change the 

deadline for the report to 90 days after enactment. 

Increased use of commercial data integration and analysis products 

for the purpose of preparing financial statement audits (sec. 

1003) 

The Senate bill contained a provision that would require the 

Department of Defense to procure information technology services, 

data analysis, and data integration platforms to improve the preparation of Department of Defense financial statements. 

The House amendment contained no similar provision. 

The House recedes with a clarifying amendment. 

Sense of Congress on sequestration (sec. 1004) 

The Senate bill contained a provision (sec. 1003) that would express the sense of the Senate that the statutory budget caps imposed by the Budget Control Act of 2011 (BCA) remain an unreasonable and inadequate budgeting tool to address the Nation’s fiscal challenges. The Senate remains concerned about the harmful 

impacts of sequestration on our national defense, to include non-defense agencies that contribute to our national security. This provision acknowledges that relief from the BCA should include both defense and non-defense spending. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would express the 

sense of the congress that sequestration is an unreasonable and inadequate budgeting tool, imposes unacceptable limitations on the 

budget and increased risk to national security, and that the caps 

in the budget control act should be modified through a bipartisan 

legislative agreement. 

Requirement to transfer funds from Department of Defense Acquisition Workforce Development Fund to the Treasury (sec. 1005) 

The House amendment contained a provision (sec. 1002) that 

would reduce the unobligated balance of the Defense Acquisition 

Workforce Development Fund by $475.0 million due to excess 

funds. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Subtitle B—Counter-Drug Activities 

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. 1011) 

The Senate bill contained a provision (sec. 1006) that would establish a new section in title 10, United States Code, to codify section 1004 of the National Defense Authorization Act for Fiscal Year 

1991 (Public Law 101–510), as most recently amended by section 

1012 of the Carl Levin and Howard P. ‘Buck’ McKeon National DeVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 01188 Fmt 6601 Sfmt 6601 E:\HR\OC\HR840.XXX HR840

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fense Authorization Act for Fiscal Year 2015 (Public Law 113–291). 

The provision would also make modifications to the types of support that may be provided with respect to foreign law enforcement. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would codify and 

make modifications to the authority of the Department of Defense 

to provide support for counter-drug activities and activities to 

counter transnational organized crime of civilian law enforcement 

agencies. The provision would also require coordination with the 

Secretary of State for support for foreign law enforcement agencies 

under the authority. 

The conferees are concerned about the threat posed by the production and trafficking of heroin, fentanyl (and precursor chemicals), and other illicit drugs. Consistent with the Department’s authorities and missions, the conferees direct the Department to ensure appropriate resources are allocated to efforts to combat this 

threat. 

Secretary of Defense review of curricula and program structures of 

National Guard counterdrug schools (sec. 1012) 

The House amendment contained a provision (sec. 1012) that 

would amend section 901 of the Office of National Drug Control 

Policy Reauthorization Act of 2006 (Public Law 109–469) to authorize the Secretary of Defense to review and approve the curriculum 

and program structure of each of the National Guard counterdrug 

schools. 

The Senate bill contained no similar provision. 

The Senate recedes with a clarifying amendment. 

The conferees note the importance of the National Guard 

counterdrug schools in the development, training, and maintenance 

of skills for Federal, State, local, and foreign government officials 

to combat illicit trafficking. The committee supports increased oversight of these schools by the Secretary to improve the alignment of 

curriculum to defense priorities and the allocation of limited resources. 

Extension of authority to support unified counterdrug and counterterrorism campaign in Colombia (sec. 1013) 

The Senate bill contained a provision (sec. 1007) that would extend by 4 years the authority to support the unified counterdrug 

and counterterrorism campaign in the Republic of Colombia originally authorized by section 1021 of the Ronald W. Reagan National 

Defense Authorization Act for Fiscal Year 2005 (Public Law 108– 

375), and most recently amended by section 1011 of the National 

Defense Authorization Act for Fiscal Year 2016 (Public Law 114– 

92). 

The House amendment contained a similar provision (sec. 

1013) that would extend by 1 year the authority to support the unified counterdrug and counterterrorism campaign in the Republic of 

Colombia authorized by section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 

108–375), and most recently amended by section 1011 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 

114–92). 


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The House recedes with an amendment that would extend the 

authority for 2 years. 

The conferees strongly support the vital partnership between 

the United States and Colombia and note the remarkable security 

gains the Government of Colombia has achieved over the last 15 

years. The conferees believe that an enduring security relationship 

between the U.S. and Colombia is essential to sustaining and 

building upon these gains and urge the Department of Defense, in 

coordination with the interagency, to ensure its security cooperation programs and authorities reflect the evolving security environment in Colombia and the region. 

Enhancement of information sharing and coordination of military 

training between Department of Homeland Security and Department of Defense (sec. 1014) 

The Senate bill contained a provision (sec. 1051) that would require the Secretary of Homeland Security to ensure that the information needs of the Department of Homeland Security (DHS) relating to civilian law enforcement activities in proximity to the borders of the United States are identified and communicated to the 

Secretary of Defense for the purposes of planning and executing 

military training. The provision would require the Secretary of Defense to ensure that such military training conducted in proximity 

to the borders of the U.S. is coordinated with DHS. Further, the 

provision would require the Secretary of Homeland Security and 

the Secretary of Defense to create joint guidance to ensure information relevant to drug interdiction or other civilian law enforcement 

matters that is collected by the U.S. military during the normal 

course of military training or operations is provided promptly to civilian law enforcement officials in accordance with section 371 of 

title 10, United States Code. 

The House amendment contained a similar provision (sec. 

1014) that would require the Secretary of Defense to coordinate unmanned aerial systems training missions along the southern border 

of the United States in order to support the Department of Homeland Security’s counter-narcotic trafficking efforts. 

The House recedes with a technical amendment. 

Subtitle C—Naval Vessels and Shipyards 

Definition of short-term work with respect to overhaul, repair, or 

maintenance of naval vessels (sec. 1021) 

The House amendment contained a provision (sec. 1021) that 

would amend section 7299a of title 10, United States Code, and expand the homeport limitation of an overhaul, repair, or maintenance ship availability from six months to ten months. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Warranty requirements for shipbuilding contracts (sec. 1022) 

The House amendment contained a provision (sec. 1022) that 

would require shipbuilding contracts to include warranty of work 

for a period of at least 1 year. A contracting officer may waive this 


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requirement if a limited liability of warranted work is in the best 

interest of the government. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would limit this 

provision to new construction contracts in the Shipbuilding and 

Conversion, Navy account, as well as establish the effective date of 

this provision as the date of the enactment of the National Defense 

Authorization for Fiscal Year 2018 or September 30, 2017, whichever occurs later. 

The conferees direct the Secretary of the Navy to submit two 

reports to the congressional defense committees: 

(1) A report describing the status of the Department of the 

Navy policy being developed to implement this provision shall 

be submitted not later than March 30, 2017; and 

(2) A report describing the final or draft Department of the 

Navy policy to implement this provision shall be submitted not 

later than June 30, 2017. 

National Sea-Based Deterrence Fund (sec. 1023) 

The House amendment contained a provision (sec. 1023) that 

would: 

(1) Expand the Fund’s transfer authority provided by section 1022(b)(1) of the National Defense Authorization Act for 

Fiscal Year 2015 (Public Law 113–291) to include fiscal year 

2018; 

(2) Amend section 2218a of title 10, United States Code, 

relating to the National Sea-Based Deterrence Fund to include 

authority for multiyear procurement of critical components to 

support continuous production; 

(3) Clarify the definition of a national sea-based deterrence 

vessel. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would delete the 

transfer authority expansion and limit the use of multiyear procurement authority to that needed to support continuous production of the common missile compartment. 

The conferees expect the Navy to continue reviewing production approaches for the Ohio Replacement Program to achieve additional efficiencies. The conferees would be willing to consider expanding multiyear production authority if the Navy is able to demonstrate savings or greater efficiencies could be achievable through 

such use. 

Availability of funds for retirement or inactivation of Ticonderogaclass cruisers or dock landing ships (sec. 1024) 

The House amendment contained a provision (sec. 1024) that 

would prohibit the Secretary of the Navy from using funds authorized to be appropriated by this Act to retire a cruiser or dock landing ship or to place in a modernization status more than six cruisers and one dock landing ship. Furthermore, the Secretary of Defense would be prohibited from obligating more than 75 percent of 

the funds made available for the Office of the Secretary of Defense 

until the Secretary of the Navy enters into a contract for the modernization of four cruisers and one dock landing ship and enters 


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into a contract for the procurement of combat systems upgrades associated with six such cruisers. 

The Senate bill contained a similar provision (sec. 1011). 

The Senate recedes with an amendment that would prohibit 

the retirement, preparation for retirement, inactivation, or placement in storage of any Ticonderoga-class cruisers or Whidbey Island-class amphibious ships, except to allow the modernization and 

upgrades for those ships to continue in accordance with section 

1026 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 

Defense Authorization Act for Fiscal Year 2015 (Public Law 113— 

291). 

The conferees continue to support a cruiser modernization plan 

consistent with the ‘‘2–4–6’’ plan that allows the Secretary of the 

Navy to induct two cruisers per year into a modernization period 

of up to four years with no more than six cruisers in this prolonged 

modernization status at any one time. 

Subtitle D—Counterterrorism 

Frequency of counterterrorism operations briefings (sec. 1031) 

The House amendment contained a provision (sec. 1031) that 

would amend section 485 of title 10, United States Code, to require 

the Secretary of Defense to provide monthly counterterrorism operations briefings to the congressional defense committees. 

The Senate bill contained no similar provision. 

The Senate recedes. 

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. 1032) 

The Senate bill contained a provision (sec. 1021) that would extend until December 31, 2017, the prohibition on the use of funds 

provided to the Department of Defense to transfer or release individuals detained at United States Naval Station, Guantanamo Bay, 

Cuba, to the United States. 

The House amendment contained a similar provision (sec. 

1032). 

The Senate recedes. 

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. 1033) 

The Senate bill contained a provision (sec. 1022) that would extend until December 31, 2017, the prohibition on the use of funds 

provided to the Department of Defense to construct or modify facilities in the United States to house detainees transferred from 

United States Naval Station, Guantanamo Bay, Cuba. 

The House amendment contained a similar provision (sec. 

1033). 

The Senate recedes. 


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Prohibition on use of funds for transfer or release to certain countries of individuals detained at United States Naval Station, 

Guantanamo Bay, Cuba (sec. 1034) 

The Senate bill contained a provision (sec. 1026) that would extend until December 31, 2017, the prohibition on the use of funds 

provided to the Department of Defense to transfer or release individuals detained at United States Naval Station, Guantanamo Bay, 

Cuba, to Libya, Somalia, Syria, or Yemen. 

The House amendment contained a similar provision (sec. 

1034). 

The Senate recedes. 

Prohibition on use of funds for realignment of forces at or closure 

of United States Naval Station, Guantanamo Bay, Cuba. (sec. 

1035) 

The Senate bill contained a provision (sec. 1030) that would extend until December 31, 2017, the prohibition on the use of funds 

to close or abandon United States Naval Station, Guantanamo Bay, 

Cuba, to relinquish control of Guantanamo Bay to the Republic of 

Cuba, or to implement a material modification to the Treaty between the United States of America and Cuba signed at Washington, D.C. on May 29, 1934, that constructively closes United 

States Naval Station, Guantanamo Bay. 

The House amendment contained a similar provision (sec. 

1035). 

The Senate recedes. 

Subtitle E—Miscellaneous Authorities and Limitations 

Expanded authority for transportation by the Department of Defense 

of non-Department of Defense personnel and cargo (sec. 1041) 

The House amendment contained a provision (sec. 1041) that 

would amend section 2649 of title 10, United States Code, to expand the authority for transportation by the Department of Defense of non-Department of Defense personnel and cargo as well as 

allowing the Secretary of Defense the ability to enter into a contract or other arrangement with one or more commercial providers 

to make insurance products available to non-Department of Defense shippers using the Defense Transportation System to insure 

against the loss or damage of the shipper’s cargo. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Reduction in minimum number of Navy carrier air wings and carrier air wing headquarters required to be maintained (sec. 

1042) 

The Senate bill contained a provision (sec. 1088) that would 

amend section 5062 of title 10, United States Code, to reduce the 

number of air wings required to be maintained and fully staffed 

from 10 to 9. 

The House amendment contained a similar provision (sec. 

1072) that would require the Secretary of Defense to submit a report to Congress on the impact of changes to the existing carrier 

air wing force structure. 


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The House recedes with an amendment that would reduce the 

minimum number of carrier air wings to be maintained to nine 

until additional deployable aircraft carriers can fully support a 

tenth carrier air wing, or October 1, 2025, whichever comes first, 

at which time the Secretary of the Navy shall maintain a minimum 

of ten carrier air wings. 

Modification to support for non-Federal development and testing of 

material for chemical agent defense (sec. 1043) 

The House amendment contained a provision (sec. 1082) that 

would modify subsection (d) and subsection (e) of section 1034 of 

the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181), to modify and extend, with a sunset date of January 31, 2021, the ‘‘Support for Non-Federal Development and 

Testing of Material for Chemical Agent Defense’’ report to include 

reporting on any instance where the Department provides biological select agents or toxins to a non-Federal entity for development 

of biological defenses. This amendment would supersede section 

1080 of the Defense Authorization Act for Fiscal Year 2016 (Public 

Law 114–92). 

The Senate bill contained no similar provision. 

The Senate recedes. 

Protection of certain Federal spectrum operations (sec. 1044) 

The House amendment contained a provision (sec. 1045) that 

would amend section 1004 of the Bipartisan Budget Act of 2015 

(Public Law 114–74; 47 U.S.C. 921 note) by adding protections of 

certain Federal spectrum operations. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Prohibition on use of funds for retirement of legacy maritime mine 

countermeasures platforms (sec. 1045) 

The Senate bill contained a provision (sec. 1012) that would 

prohibit funds from being used to retire, prepare to retire, transfer, 

or place in storage any Avenger-class mine countermeasures ship, 

MH–53 Sea Dragon helicopter, or associated equipment, as well as 

make any reductions to the manning levels of any Avenger-class 

mine countermeasures ship or Sea Dragon squadron or detachment. The Secretary of the Navy may waive this prohibition by 

making the prescribed certification to the congressional defense 

committees. 

The House amendment contained a similar provision (sec. 

1042). 

The House recedes. 

Extension of authority of Secretary of Transportation to issue nonpremium aviation insurance (sec. 1046) 

The House amendment contained a provision (sec. 1043) that 

would amend Section 44310(b) of title 49, United States Code, to 

extend the authority of the Secretary of Transportation to provide 

aviation insurance and reinsurance upon the request of another 

U.S. Government agency. 

The Senate bill contained no similar provision. 


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The Senate recedes. 

Evaluation of Navy alternate combination cover and unisex combination cover (sec. 1047) 

The House amendment contained a provision (sec. 1044) that 

would change the Department of the Navy’s mandatory wear date 

of the alternate combination cover from October 31, 2016, to October 31, 2020, and prohibit the Secretary of the Navy from implementing any future changes or enforce any current changes to female service dress uniforms until the Secretary submits a report to 

the Committees on Armed Services of the Senate and House of 

Representatives on the evaluation of the Navy female service dress 

uniform. 

The Senate bill contained no similar provision. 

The Senate recedes with a technical amendment that would remove the prohibition on the Secretary of the Navy to make changes 

to uniforms, lower the delayed implementation of existing changes 

from five to three years, and add a requirement for the Secretary 

of the Navy to submit a report to the Committees on Armed Services of the Senate and House of Representatives no later than February 1, 2017, on the survey results regarding the new covers or 

any other uniform changes. 

Independent evaluation of Department of Defense excess property 

program (sec. 1048) 

The Senate bill contained a provision (sec. 1053) that would 

amend section 2576a of title 10, United States Code to modify the 

availability of defense items eligible for transfer and notification requirements. 

The House amendment contained a similar provision (sec. 

1049) that would amend section 2576a of title 10, United States 

Code to modify the preference for certain purposes for the transfer 

of excess Department of Defense equipment to Federal and State 

agencies. 

The House recedes with an amendment that would require the 

Secretary of Defense to enter into an agreement with a federally 

funded research and development center, or another independent 

entity, with relevant expertise to conduct an evaluation of the Department of Defense excess property program under section 2576a 

of title 10, United States Code. 

The conferees note that section 1051 of the National Defense 

Authorization Act for Fiscal Year 2016 (Public Law 114–92) required the Secretary of Defense to enter into an agreement with a 

federally funded research and development center for the conduct 

of an assessment of the excess property program, to include an 

evaluation of the policies and controls governing the determination 

of the suitability of recipients of controlled property transferred 

under the program and an analysis of reported statistics on controlled property transfers, and other related matters. 

The conferees intend for the evaluation required in this Act to 

be part of an ongoing review of the Department of Defense excess 

property program. 


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Waiver of certain polygraph examination requirements (sec. 1049) 

The House amendment contained a provision (sec. 1097) that 

would authorize the Commissioner of U.S. Customs and Border 

Protection to waive polygraph examination requirements for certain veterans. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Use of transportation worker identification credential to gain access 

at Department of Defense installations (sec. 1050) 

The House amendment contained a provision (sec. 1098) that 

would require the Secretary of Defense, to the maximum extent 

practicable, to ensure that the Transportation Worker Identification Credential (TWIC) be accepted as a valid credential for 

unescorted access to Department of Defense installations by transportation workers. The provision would also exempt TWIC-carrying 

transportation workers with a current secret clearance issued by 

the Department of Defense from further vetting when seeking 

unescorted access to Department of Defense facilities provided that 

installation access personnel shall verify the person’s security 

clearance in a timely manner. The provision would also require the 

Secretary of Defense to document and report each instance when 

a TWIC-carrying transportation worker is denied access to a military installation in designated locations, together with a reason for 

such denial, and the amount of time the TWIC-carrying person was 

required to wait for access. The report would be required not later 

than 90 days after enactment of this Act and annually until the 

Department completes fielding of Identity Management Enterprise 

Services Architecture and electronic access control systems are 

fielded. 

The Senate bill included no similar provision. 

The Senate recedes with an amendment that does not include 

the reporting requirement in the House amendment. 

Limitation on availability of funds for destruction of certain landmines and briefing on development of replacement anti-personnel landmine munitions (sec. 1051) 

The House amendment contained a provision that would limit 

the funds available for the destruction of anti-personnel landmine 

munitions until the Secretary of Defense submits to Congress a report on the assessment of the current state of research into operational alternatives to anti-personnel landmines. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would limit the 

funds available for the destruction of anti-personnel landmines 

until the Secretary of Defense submits to Congress the report required by section 1058 of the National Defense Authorization Act 

for Fiscal Year 2016 (Public Law 114–92), instead of a new report. 

The amendment would also require a briefing on the current state 

of research and development into operational alternatives to antipersonnel landmines. 


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Transition of Air Force to operation of remotely piloted aircraft by 

enlisted personnel (sec. 1052) 

The Senate bill contained a provision (Sec. 1046) that would 

require the Air Force, by September 30, 2019, to transition all remotely piloted aircraft (RPA) operations to an organizational model 

that uses enlisted personnel for the preponderance of RPA operators. 

The House amendment contained no similar provision. 

The House recedes with an amendment that changes ‘‘preponderance’’ to ‘‘a significant number of enlisted personnel,’’ changes 

the required transition date to September 30, 2020, for the active 

duty component, and adds September 30, 2023, as the required 

date for transition by the Air Force Reserve and Air National 

Guard. The amendment also includes other minor technical corrections. 

Prohibition on divestment of Marine Corps Search and Rescue 

Units (sec. 1053) 

The Senate bill contained a provision (sec. 1047) that does not 

authorize appropriated amounts to retire, prepare to retire, transfer or place in storage any Marine Corps Search and Rescue Unit 

or to make any changes to manning levels to the same. 

The House amendment contained no similar provision. 

The House recedes. 

Support for the Associate Director of Central Intelligence for Military Affairs (sec. 1054) 

The Senate bill contained a provision (sec. 1049) that would direct the Secretary of Defense and the Under Secretary of Defense 

for Intelligence to ensure that the Associate Director for Military 

Affairs of the Central Intelligence Agency (ADMA) has access to, 

and support from, offices, agencies, and programs of the Department necessary for the ADMA to achieve its intended function. 

The House amendment contained no similar provision. 

The House recedes with amendments that clarify that the intent of the provision is to encourage effective use of the position, 

and to remove a requirement that any officer nominated to the position have significant interaction with the CIA within the five 

years prior to appointment. The conferees learned that such a requirement might impede—rather than encourage—nominees from 

outside of the special operations community. Therefore, the conferees believe that the relationship between the CIA and the Department’s conventional forces should be encouraged, especially 

given the evolving and complex global threats faced by the United 

States. 

Notification on the provision of defense sensitive support (sec. 1055) 

The Senate bill contained a provision (sec. 1052) that would require the Secretary of Defense, prior to the provision of defense 

sensitive support to non-Department of Defense departments and 

agencies, to determine and notify the congressional defense committees that the support does not interfere with the mission and 

functions of the Department, or if it does so interfere, that it is in 

the national security interest of the United States. 


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The House amendment contained no similar provision. 

The House recedes with a clarifying amendment. 

Prohibition on enforcement of military commission rulings preventing members of the Armed Forces from carrying out otherwise lawful duties based on member sex (sec. 1056) 

The Senate bill contained a provision (sec. 535) that would prohibit a military commission established under chapter 47A of title 

10, United States Code, from acting by order, ruling, finding, or 

otherwise that a member of the Armed Forces may not perform duties otherwise lawfully assigned if the prohibition is based solely on 

the gender of the servicemember. The provision would also vacate 

any such order issued before the date of enactment of this Act. 

The House amendment contained a similar provision (sec. 

1039). 

The House recedes with an amendment that would prohibit 

any order or other determination of a military commission that 

would restrict a member of the Armed Forces from carrying out 

otherwise lawfully assigned duties where the basis for such prohibition or restriction is the sex of the member. Upon enactment, the 

rule of prohibition established under this provision would apply to 

a military commission upon a motion to reconsider any such determination that was issued prior to enactment of this Act. 

Congressional notification requirements for sensitive military operations (sec. 1057) 

The Senate bill contained a provision (sec. 1044) that would 

amend section 130f in title 10, United States Code. 

The House amendment contained a similar provision (sec. 

1036). 

The Senate recedes with clarifying amendment. 

Subtitle F—Studies and Reports 

Temporary continuation of certain Department of Defense reporting 

requirements (sec. 1061) 

The Senate bill contained a provision (sec. 1082) that would repeal the requirements for several reports that are mandated by an 

annual National Defense Authorization Act and by other public 

laws. 

The Senate bill also contained a provision (sec. 1083) that 

would repeal several requirements for the Department of Defense 

to provide reports that have been added by an annual National Defense Authorization Act. 

The House amendment contained a similar provision (1061) 

that would repeal several reporting requirements as well. 

The Senate recedes with an amendment that would provide for 

the repeal of those reporting requirements agreed to by both the 

House and Senate as listed in the final bill. 

Reports on programs managed under alternative compensatory control measures in the Department of Defense (sec. 1062) 

The Senate bill contained a provision (sec. 1080) that would require the Department of Defense (DOD) to provide certain reports 


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and notifications regarding programs that DOD manages under alternative compensatory control measures (ACCM). 

The House amendment contained no similar provision. 

The House recedes. 

The Department of Defense typically uses the ACCM system to 

manage programs of lesser sensitivity or programs with a less enduring life than the programs that it manages under special access 

(SAP) program channels. The conferees believe that DOD needs to 

provide more rigorous oversight of and reporting on ACCM programs to the congressional defense committees. Despite several directions from Congress to the DOD to produce better information 

and inventories of these programs, DOD has failed to do so. Therefore, the conferees see no alternative but to include legislation on 

the matter, and note that failure to use and report ACCMs accordingly will jeopardize future reauthorizations. 

Matters for inclusion in report on designation of countries for which 

rewards may be paid under Department of Defense rewards 

program (sec. 1063) 

The House amendment contained a provision (sec. 1062) that 

would modify section 127b(h) of title 10, United States Code, relating to the Department of Defense rewards program. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Annual reports on unfunded priorities of the Armed Forces and the 

combatant commands and annual report on combatant command requirements (sec. 1064) 

The Senate bill contained a provision (sec. 1076) that would require the Chief of Staff of the Army, Chief of Naval Operations, 

Chief of Staff of the Air Force, Commandant of the Marine Corps, 

and commanders of the combatant commands (COCOM) to submit 

to the Secretary of Defense, Chairman of the Joint Chiefs of Staff, 

and congressional defense committees a report on the unfunded 

priorities no later than 25 days after the date on which the President submits the annual budget request. 

The House amendment contained no similar provision. 

The House recedes with a technical amendment that would 

change the due date for the report from 25 days to 10 days after 

the budget request is submitted to Congress and amends section 

153(c)(1) of title 10, United States Code to require the Chairman 

of the Joint Chiefs of Staff to submit an annual report on COCOM 

requirements no later than 25 days after the date on which the 

President submits the budget request to Congress. 

The conferees note that the COCOM commanders can satisfy 

the requirement regarding unfunded priorities, as set forth by this 

provision through their submission of the integrated priority lists 

(IPL), provided that the IPLs contain sufficient detail on the commands’ requirements shortfalls and any relevant or appropriate 

funding recommendations. 

Management and reviews of electromagnetic spectrum (sec. 1065) 

The House amendment contained a provision (sec. 1068) that 

would direct the Secretary of Defense and the Chairman of the 


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Joint Chiefs of Staff to conduct a comprehensive review of all uses 

by the Department of Defense of spectrum. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would amend 10 

U.S.C. 488 by directing the Secretary of Defense to ensure the effective organization and management of electromagnetic spectrum 

used by the Department of Defense and establish an enduring review process that considers all requirements relating to such spectrum and ensures that all uses of such spectrum, regardless of the 

classification of such uses, are involved in the decision-making 

process of the Department concerning the potential sharing, reassigning, or relocating of such spectrum, of the relocation of the uses 

by the Department of such spectrum. 

Requirement for notice and reporting to Committees on Armed Services of certain expenditures of funds by Defense Intelligence 

Agency (sec. 1066) 

The Senate bill contained a provision (sec. 1081) that would 

add the Armed Services Committees of the Senate and the House 

of Representatives to a reporting requirement under 50 U.S.C. 

3038(c) that allows the Defense Intelligence Agency to use a percentage of its funds without regard to the provisions of law or regulation relating to the expenditure of U.S. government funds. 

The House amendment contained no similar provision. 

The House recedes. 

Congressional notification of biological select agent and toxin theft, 

loss, or release involving the Department of Defense (sec. 1067) 

The House amendment contained a provision (sec. 1063) that 

would direct the Secretary of Defense to provide notification to the 

congressional defense committees within 15 days of notifying the 

Centers for Disease Control and Prevention and/or the Animal and 

Plant Health Inspection Service of any theft, loss, or release of biological select agents or toxins. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Report on service-provided support and enabling capabilities to 

United States special operations forces (sec. 1068) 

The House amendment contained a provision (sec. 1064) that 

would require the Secretary of Defense to submit to the congressional defense committees not later than 180 days after enactment 

of this Act on support contributed from each of the military services towards special operations forces for each of the fiscal years 

2018 through 2020. 

The Senate bill contained no similar provision. 

The Senate recedes with a clarifying amendment. 

Report on citizen security responsibilities in the Northern Triangle 

of Central America (sec. 1069) 

The House amendment contained a provision (sec. 1065) that 

would require the Secretary of Defense and the Secretary of State 

to jointly submit a report to specified congressional committees not 

later than 180 days after enactment of this Act on the military 


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units that have been assigned to policing or citizen security responsibilities in the Republic of Guatemala, the Republic of Honduras, 

and the Republic of El Salvador. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Report on counterproliferation activities and programs (sec. 1070) 

The House amendment contained a provision (sec. 1066) that 

would require the Secretary of Defense to submit to the congressional defense committees a report on the counterproliferation activities and programs of the Department of Defense. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would require a 

single report no later than July 1, 2017. 

Report on testing and integration of minehunting sonar systems to 

improve Littoral Combat Ship minehunting capabilities (sec. 

1071) 

The House amendment contained a provision (sec. 1071) that 

would require a report on testing and integration of minehunting 

sonar systems to improve Littoral Combat Ship minehunting capabilities. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Quarterly reports on parachute jumps conducted at Fort Bragg and 

Pope Army Airfield and Air Force support for such jumps (sec. 

1072) 

The House amendment contained a provision (Sec. 1073) that 

would direct the Secretary of the Air Force and the Secretary of the 

Army to submit to the Committees on Armed Services of the House 

of Representatives and the Senate quarterly reports that contain 

information regarding parachute drop requirements for the XVIII 

Airborne Corps, the 82nd Airborne Division, and the United States 

Army Special Operations Command. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that adjusts the end 

date of the reporting period and clarifies the elements required in 

the reports. 

Study on military helicopter noise (sec. 1073) 

The House amendment contained a provision (Sec. 1098D) that 

would require the Secretary of Defense, in coordination with the 

Administrator of the Federal Aviation Administration to conduct a 

study on the effects of and provide recommendations for the reduction of military helicopter noise on the National Capital Region. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Independent review of United States military strategy and force posture in the United States Pacific Command area of responsibility (sec. 1074) 

The Senate bill contained a provision (sec. 1042) that would require an independent review of United States military strategy and 


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force posture in the United States Pacific Command area of responsibility be submit to Congress beginning in 2018 and recurring 

every four years thereafter. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would require one 

independent review to be completed by September 1, 2018. 

Assessment of the joint ground forces of the Armed Forces (sec. 

1075) 

The Senate bill contained a provision (Sec. 1077) that would 

require the Secretary of Defense and Chairman of the Joint Chiefs 

of Staff to oversee a comprehensive assessment of the joint ground 

forces and provide a report on the assessment’s findings no later 

than one year after the enactment of this act. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would require the 

Secretary of Defense, in consultation with the Chairman of the 

Joint Chiefs of Staff, the Chief of Staff of the Army, and the Commandant of the Marine Corps, to oversee an assessment of the joint 

ground forces of the Armed Forces, and provide a report on the assessment’s findings to the Committees on Armed Services of the 

Senate and the House of Representatives not later than one year 

after the enactment of this Act. The report shall include an assessment by the Chief of Staff of the Army and the Commandant of the 

Marine Corps of any specific gaps in the capability and capacity of 

the Army and Marine Corps, respectively, that threaten the successful execution of decisive operational maneuver. 

Subtitle G—Other Matters 

Technical and clerical amendments (sec. 1081) 

The Senate bill contained a provision (sec. 1058) that would 

make technical and clerical corrections to title 10, United States 

Code, and various National Defense Authorization Acts. 

The House amendment contained a similar provision (sec. 

1081). 

The Senate recedes with an amendment making additional 

technical and clerical amendments. 

Increase in maximum amount available for equipment, services, 

and supplies provided for humanitarian demining assistance 

(sec. 1082) 

The House amendment contained a provision (sec. 1083) that 

would raise the monetary cap in section 407 of title 10, United 

States Code, for the cost of equipment, services, and supplies for 

humanitarian demining assistance and stockpiled conventional munitions assistance provided by the Department of Defense, from 

$10.0 million to $15.0 million in any fiscal year. 

The Senate bill contained no similar provision. 

The Senate recedes. 


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Liquidation of unpaid credits accrued as a result of transactions 

under a cross-servicing agreement (sec. 1083) 

The House amendment contained a provision (sec. 1084) that 

would amend section 2345 of title 10, United States Code, to provide the Secretary of Defense with the discretionary authority to 

liquidate unpaid debts owed to the United States by a foreign government or international organization as a result of the Department of Defense providing logistic support, supplies, or services to 

that foreign government or international organization. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Modification of requirements relating to management of military 

technicians (sec. 1084) 

The House amendment contained a provision (sec. 1088) that 

would delay the implementation date of section 1053 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 

114–92) until October 1, 2017 and align the date of conversion for 

military technicians (non-dual status) with military technicians 

(dual status). 

The Senate bill contained a similar provision (sec. 1048). 

The Senate recedes with an amendment that would clarify that 

the Secretary of Defense will continue to play a role in the conversion of positions. 

Streamlining of the National Security Council (sec. 1085) 

The Senate bill contained a provision (sec. 1089) that would 

streamline the statutory requirements for the National Security 

Council (NSC) and limit the size of the NSC’s professional staff to 

150, to include detailees and assignees from other agencies and Departments and contractors. 

The House amendment contained a similar provision (sec. 926). 

The House recedes with an amendment to increase the cap to 

200 professional personnel, to include a transition period for the 

personnel cap of 18 months, and to make other technical changes. 

National biodefense strategy (sec. 1086) 

The House amendment contained a provision (sec. 1086) that 

would require the Secretary of Defense, the Secretary of Health 

and Human Services, the Secretary of Homeland Security, and the 

Secretary of Agriculture to jointly develop and submit to the appropriate congressional committees, within 275 days after the date of 

the enactment of this Act, a national bio defense strategy and implementation plan. This section would also require the Secretary of 

Defense, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Agriculture to 

provide a joint briefing to the appropriate congressional committees 

annually, starting March 1, 2017, and ending March 1, 2019, on 

the strategy and status of its implementation. This section would 

also require the Comptroller General of the United States to submit a report to the appropriate congressional committees, within 

180 days of submission of the national biodefense strategy, on a 

gap analysis of the national biodefense strategy and its implementation plan. 


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The Senate bill contained no similar provision. 

The Senate recedes. 

Global Cultural Knowledge Network (sec. 1087) 

The House amendment contained a provision (Sec. 1087) that 

would require the Secretary of the Army to support the socio-cultural understanding needs of the Department of the Army, to be 

known as the Global Cultural Knowledge Network. 

The Senate bill contained no similar provision. 

The Senate recedes with amendment. 

Sense of Congress regarding Connecticut’s Submarine Century (sec. 

1088) 

The House amendment contained a provision (sec. 1089) that 

would express the sense of Congress commending the dedication 

and contributions of the people of Connecticut to the Navy and the 

submarine force. 

The Senate bill contained no similar provision. 

The Senate recedes with a clarifying amendment. 

Sense of Congress regarding the reporting of the MV–22 mishap in 

Marana, Arizona, on April 8, 2000 (sec. 1089) 

The House amendment contained a provision (Sec. 1091) that 

would state that the Deputy Secretary of Defense did an excellent 

job reviewing the investigation of this mishap. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Cost of wars (sec. 1090) 

The House amendment contained a provision (sec. 1098G) that 

would require the Secretary of Defense, in consultation with the 

Commissioner of the Internal Revenue Service and the Director of 

the Bureau of Economic Analysis, to post the costs, including legacy costs, to the American taxpayers of the wars in Afghanistan, 

Iraq, and Syria. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would remove the 

requirement to provide the legacy costs of the wars. 

Reconnaissance Strike Group matters (sec. 1091) 

The Senate bill contained a provision (sec. 1045) that would require the Secretary of Defense and Chairman of the Joint Chiefs 

of Staff to oversee the modeling of an alternative Army design and 

operational concept for the Reconnaissance Strike Group (RSG), 

and require a report no later than one year after the enactment of 

this Act that explicitly addresses the value of a follow-on pilot program to test further any promising alternative force designs and 

concept of operation. The provision would also require the Secretary of Defense to direct an appropriate combatant commander to 

establish an office for the testing, evaluation, development and validation of the RSG’s joint warfighting concepts, required platforms 

and structure. 

The House amendment contained no similar provision. 


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The House recedes with an amendment that would require the 

Chairman of the Joint Chiefs of Staff and the Chief of Staff of the 

Army, in consultation with the Commanding General, U.S. European Command, to each conduct a separate analysis of RSG organizational design and operational concepts and provide a report to 

the Committees on Armed Services of the Senate and House of 

Representatives on the results of these analysis. The amendment 

would also require a Federally Funded Research and Development 

Center or 501(c)(3) to review and evaluate the reports. 

Border security metrics (sec. 1092) 

The Senate bill contained a provision (sec. 1091) that would require the Secretary of Homeland Security to develop metrics to 

measure the effectiveness of security at ports of entry, between 

ports of entry, and in the maritime environment not later than 120 

days after the enactment of this Act. 

The House amendment contained no similar provision. 

The House recedes with a clarifying amendment. 

Program to commemorate the 100th anniversary of the Tomb of the 

Unknown Soldier (sec. 1093) 

The Senate bill contained a provision (sec. 1094) that would require the Secretary of Defense to conduct a program to commemorate the 100th anniversary of the Tomb of the Unknown Soldier. 

The House amendment contained no similar provision. 

The House recedes. 

Sense of Congress regarding the OCONUS basing of the KC–46A 

aircraft (sec. 1094) 

The Senate bill contained a provision (Sec. 1095) that would 

express the sense of the Congress regarding the basing of KC–46A 

tanker aircraft outside of the continental United States. 

The House amendment contained no similar provision. 

The House recedes. 

Designation of a Department of Defense Strategic Arctic Port (sec. 

1095) 

The Senate bill contained a provision (sec. 1043) that would require not later than 180 days after enactment of this Act, the Secretary of Defense, in consultation with the Chairman of the Joint 

Chiefs of Staff, the Commanding General of the United States 

Army Corps of Engineers, the Commandant of the Coast Guard, 

and the Administrator of the Maritime Administration, to submit 

a report to the congressional defense committees assessing the future security requirements for one or more strategic ports in the 

Arctic. The provision would further require the Secretary to establish designation criteria for a Department of Defense ‘‘Strategic 

Arctic Port’’ and submit recommendations for the designation of 

one or more such ports, including estimated costs for sufficient construction to initiate and sustain expected operations. 

The House amendment contained no similar provision. 

The House recedes with a technical amendment. 


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Recovery of Excess Rifles, Ammunition, and Parts Granted to Foreign Countries and Transfer to Certain Persons (sec. 1096) 

The Senate bill contained a provision (sec. 1056) that would 

authorize the Secretary of the Army to acquire from any person 

any rifle, ammunition, repair parts, or other supplies provided to 

any country on a grant basis under the conditions imposed by section 505 of the Foreign Assistance Act of 1961 and have become excess to the needs of such country. The Secretary of the Army may 

not acquire items if the United States would incur any cost for 

such acquisition. Rifles, ammunition, repair parts, or supplies shall 

be available for transfer to persons who are licensed manufacturers, importers, or dealers pursuant to section 923(a) of title 18 or 

uses an Army ammunition depot. 

The House amendment contained a similar provision (sec. 

1098K) 

The Senate recedes with an amendment that would allow the 

Secretary of the Army to recover items so long as the Army receives fair market value and the items are transferred in accordance with the Arms Export Control Act. The Secretary of the Army 

is directed to provide a report, not later than 180 days after the 

enactment of the Act, to the Committees on Armed Services of the 

Senate and House of Representatives, the Committee on Foreign 

Relations of the Senate, and the Committee on Foreign Affairs of 

the House of Representatives, on the acquisition and transfer of excess rifles, ammunition, repair parts, other supplies eligible for 

transfer. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Delegation to Chairman of Joint Chiefs of Staff of authority to direct transfer of forces 

The Senate bill contained a provision (sec. 922) that would 

amend section 113 of title 10, United States Code, to allow the Secretary of Defense to delegate some authority to the Chairman of 

the Joint Chiefs of Staff for the worldwide reallocation of limited 

military assets on a short-term basis, consistent with the Secretary’s policy guidance and the national defense strategy. 

The House amendment contained no similar provision. 

The Senate recedes. 

Management of Defense clandestine human intelligence collection 

The Senate bill contained a provision (sec. 945) that would require the Secretary of Defense, in coordination with the Director of 

National Intelligence, to carry out a pilot program to assess the 

feasibility and advisability of establishing a military division within the Directorate of Operations of the Central Intelligence Agency. 

The House amendment contained no similar provision. 

The Senate recedes. 

Extension of authority to provide additional support for counterdrug activities of foreign governments 

The House amendment contained a provision (sec. 1011) that 

would amend section 1033 of the National Defense Authorization 

Act for Fiscal Year 1998 (Public Law 105–85), as most recently 


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amended by section 1012 of the National Defense Authorization Act 

for Fiscal Year 2016 (Public Law 114–92), by extending the authority to provide additional support for counter-drug activities of foreign governments to September 30, 2019. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees note that elsewhere in this Act is a provision 

that would consolidate multiple authorities to build the capacity of 

friendly foreign nations to conduct specified operations, to include 

counter-drug and counter-transnational organized crime operations. 

The conferees intend for activities conducted to date under section 

1033 of the National Defense Authorization Act for Fiscal Year 

1998 (Public Law 105–85), as most recently amended by section 

1012 of the National Defense Authorization Act for Fiscal Year 

2016 (Public Law 114–92) to be conducted under the new building 

partnership capacity authority. 

Funding for counter narcotics operations 

The House amendment contained a provision (sec. 1015) that 

would increase the amount authorized to be appropriated for drug 

interdiction and counterdrug activities by $3 million. 

The Senate bill contained no similar provision. 

The House recedes. 

Report on efforts of United States Southern Command to detect and 

monitor drug trafficking 

The House amendment contained a provision (sec. 1016) that 

would require the Secretary of Defense to submit to Congress a report on the effectiveness of efforts by United States Southern Command to limit threats to the national security of the United States 

by detecting and monitoring drug trafficking, specifically heroin 

and fentanyl. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees remain concerned about the trafficking of illicit 

drugs into the United States, particularly heroin and fentanyl, and 

the devastating impact these substances are having on communities. The conferees urge the Department of Defense, in coordination with the interagency, to continue efforts to combat the flow of 

drugs into the United States. 

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 

The Senate bill contained a provision (sec. 1022A) that would 

prohibit the Department of Defense from submitting reprogramming requests to Congress for funds for transfer or release, or construction for transfer or release, of individuals detained at United 

States Naval Station, Guantanamo Bay, Cuba. 

The House amendment contained no similar provision. 

The Senate recedes. 


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Designing and planning related to construction of certain facilities 

in the United States 

The Senate bill contained a provision (sec. 1023) that would 

authorize the Secretary of Defense to use amounts authorized to be 

appropriated for the Department of Defense for designing and planning related to the construction or modification of facilities in the 

United States to house individuals detained at United States Naval 

Station, Guantanamo Bay, Cuba. 

The House amendment contained no similar provision. 

The Senate recedes. 

Authority to transfer individuals detained at United States Naval 

Station, Guantanamo Bay, Cuba, to the United States temporarily for emergency or critical medical treatment 

The Senate bill contained a provision (sec. 1024) that would 

authorize the temporary transfer of individuals detained at United 

States Naval Station, Guantanamo Bay, Cuba to the United States 

for necessary medical treatment that is not available at Guantanamo. 

The House amendment contained no similar provision. 

The Senate recedes. 

Authority for Article III judges to take certain actions relating to individuals detained at United States Naval Station, Guantanamo Bay, Cuba 

The Senate bill contained a provision (sec. 1025) that would 

authorize a judge of the United States District Court to have jurisdiction to use video teleconferencing to arraign, accept a plea to a 

charge from, and enter a judgment of conviction and sentencing 

against individuals held at United States Naval Station, Guantanamo Bay, Cuba. 

The House amendment contained no similar provision. 

The Senate recedes. 

Requirement for Memorandum of Understanding Regarding Transfer of Detainees 

The Senate bill contained a provision (sec. 1027) that would require any certification by the Secretary of Defense provided pursuant to Section 1034(b) of the National Defense Authorization Act of 

Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 801 note) to include a requirement that the United States and the foreign government of transfer have entered into a written memorandum of understanding regarding the transfer of the individual and the memorandum of understanding has been provided to the appropriate congressional committees. 

The House amendment contained a similar provision (sec. 

1098B). 

The conference agreement does not contain this provision. 

Limitation on transfer of detainees at United States Naval Station, 

Guantanamo Bay, Cuba, pending a report on their terrorist actions and affiliations 

The Senate bill contained a provision (sec. 1028) that would require, prior to transferring any individual detained at United 


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States Naval Station, Guantanamo Bay, Cuba to any foreign government or entity, that the Secretary of Defense submit to appropriate committees of Congress a report on the individuals’ previous 

terrorist activities. 

The House amendment contained no similar provision. 

The Senate recedes. 

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 

The Senate bill contained a provision (sec. 1029) that would 

prohibit the use of funds to transfer any individual held at United 

States Naval Station, Guantanamo Bay, Cuba, to a foreign country 

that is the subject of a State Department travel warning with certain exceptions. 

The House amendment contained no similar provision. 

The Senate recedes. 

Restrictions on the overhaul and repair of vessels in foreign shipyards 

The House amendment contained a provision (sec. 1025) that 

would amend section 7310(b)(1) of title 10, United States Code, to 

prohibit the Department of the Navy from performing any overhaul, repair, or maintenance work that takes longer than six 

months in foreign shipyards. 

The Senate bill contained no similar provision. 

The House recedes. 

Restrictions on use of rocket engines from the Russian Federation 

for space launch of national security satellites 

The Senate bill contained a provision (sec. 1036) that would 

prohibit the Secretary of Defense from launching any national security satellite with a launch vehicle requiring a rocket engine designed or manufactured in the Russian Federation. 

The House amendment contained no similar provision. 

The Senate recedes. 

Limitations on use of rocket engines from the Russian Federation to 

achieve assured access to space 

The Senate bill contained a provision (sec. 1037) that would 

amend section 2273(b) of title 10, United States Code, to require 

that assured access to space be achieved without the use of rocket 

engines designed or manufactured in the Russian Federation. 

The House amendment contained no similar provision. 

The Senate recedes. 

Transportation on military aircraft on a space-available basis for 

members and former members of the Armed Forces with disabilities rated as total 

The House amendment contained a provision (sec. 1046) that 

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connected, permanent disability rated as total by the Department 

of Defense. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees direct the Secretary of Defense to submit to the 

Committees on Armed Services of the Senate and the House of 

Representatives, by not later than March 1, 2017, a report clarifying the retirement and benefit eligibility status of certain disabled veterans. The report will identify with particularity any differences in the ‘‘retired’’ status, or benefit eligibility status, for 

servicemembers who otherwise meet the current statutory standards for disability retirement, but who may not be retired owing to 

the timing of the enactment of disability retirement changes, particularly the enactment of sections 534 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201) and 513 

of the National Defense Authorization Act for Fiscal Year 1998 

(Public Law 105–85) which redefined disability and retirement eligibility under section 1204 of title 10, United States Code. The conferees are aware that at least in some cases, veterans may have 

been separated for disability who now meet disability retirement 

eligibility. 

The report shall describe all available processes or procedures 

by which a veteran who believes they should be designated as ‘‘retired’’ may seek redesignation by appeal to the boards for correction 

of military or naval records or through some other process. Finally, 

the Secretary of Defense will identify the number of individuals 

who may be eligible for redesignation under the processes or procedures so identified. 

The conferees are committed to ensuring every veteran is afforded all the rights and benefits to which they are entitled under 

the law, especially those who are disabled with a service-connected, 

permanent disability. 

National Guard flyovers of public events 

The House amendment contained a provision (sec. 1047) that 

would prohibit all National Guard flyovers of public events in support of community relations activities unless flown as part of an 

approved training mission. 

The Senate bill contained no similar provision. 

The House recedes. 

Application of Freedom of Information Act to the National Security 

Council 

The House amendment contained a provision (sec. 1048) that 

would apply the Freedom of Information Act (5 U.S.C. 552) to the 

National Security Council in certain circumstances. 

The Senate bill contained no similar provision. 

The House recedes. 

Exemption of information on military tactics, techniques, and procedures from release under Freedom of Information Act 

The Senate bill contained a provision (sec. 1054) that would 

amend section 130e of title 10, United States Code, to authorize the 

Secretary of Defense to exempt information related to military tacVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 01210 Fmt 6601 Sfmt 6601 E:\HR\OC\HR840.XXX HR840

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tics, techniques, and procedures from public disclosure if the information could reasonably be expected to risk impairment of the effective operation of the Department of Defense by providing an advantage to an adversary or potential adversary, and the public interest consideration in the disclosure of such information does not 

outweigh preventing the disclosure of such information. 

The House amendment contained no similar provision. 

The Senate recedes. 

Annual report on personnel, training, and equipment requirements 

for the non-federalized National Guard to support civilian authorities in prevention and response to domestic disasters 

The House amendment contained a provision (sec. 1069) that 

would modify the reporting requirement of section 10504 of title 10, 

United States Code, to include a report on non-federalized National 

Guard personnel, training, and equipment requirements. 

The Senate bill contained no similar provision. 

The House recedes. 

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

The House amendment contained a provision (sec. 1070) that 

would require the Secretary of the Air Force to brief the congressional defense committees on the Air Force’s process and reasoning 

for using proximity to primary medium commercial hub airports as 

part of the mission criteria for the Air Force Installation and Mission Support Center headquarters strategic basing process. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees direct the Secretary of the Air Force to provide 

the congressional defense committees with a briefing by March 1, 

2017 on the criteria used for determining locations of Air Force Installation and Mission Support Center headquarters, specifically 

the reasoning for using proximity to primary medium commercial 

hub airports as part of the mission criteria. 

Briefing on real property inventory 

The House amendment contained a provision (sec. 1074) that 

would require the Secretary of Defense to brief the Committee on 

Armed Services of the House of Representatives on the status of 

the Installation Geospatial Information Services of the Department 

of Defense as it relates to the real property inventory of the Department. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees direct the Secretary of Defense to provide a 

briefing by March 1, 2017 on the status of the Installation 

Geospatial Information Services of the Department of Defense as it 

relates to the real property inventory of the Department. 

Report on adjustment and diversification assistance 

The House amendment contained a provision (sec. 1075) that 

would require the Secretary of Defense to provide a briefing on the 


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adjustment and diversification assistance authorized by subsections 

(b) and (c) of section 2391 of title 10, United States Code. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees direct the Secretary of Defense to provide to the 

Committee on Armed Services of the House of Representatives a 

briefing on the adjustment and diversification assistance authorized by subsections (b) and (c) of section 2391 of title 10, United 

States Code. Such briefing shall be provided not later than 90 days 

after the date of the enactment of this Act and shall include each 

of the following: 

(1) A description of the activities and programs currently being 

conducted under subsections (b)(1) and (c) of such section, including 

a list of the recipients of grants, and amount received by each recipient, of such activities and programs in each of the five most recent fiscal years. 

(2) For each of the five fiscal years preceding the fiscal year 

during which the briefing is conducted, separate estimates of the 

funding the Department of Defense has directed to activities under 

each of clauses (A) through (E) of paragraph (1) of subsection (b) 

and under subsection (c) of such section and the recipients of such 

funding. 

Briefing on the protection of personally identifying information of 

members of the Armed Forces 

The House amendment contained a provision (sec. 1076) that 

would require the Secretary of Defense to provide the congressional 

defense committees a briefing on the efforts of the Department of 

Defense to protect the personally identifiable information of members of the Armed Forces and their families. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees are concerned about the impact of recent, significant disclosures of personally identifiable information of service 

members, government civilians and their families as a result of lax 

information security practices at the Office of Personnel Management. Coupled with similar breeches occurring in the private sector 

that have resulted in sensitive personal information, including 

credit information and medical records, being released to unknown 

parties, the conferees recognize that such breaches have the potential to jeopardize both the financial security as well as the physical 

security of these individuals. The conferees urge the Department of 

Defense to continue to strengthen ongoing initiatives and to develop and implement new initiatives to protect the personally identifiable information of members of the Armed Forces, government 

civilians, and their families. Further, the conferees expect the Department to keep the Committees on Armed Services of the Senate 

and the House of Representatives informed of any challenges associated with these initiatives, as well as any trends related to fraudulent or suspicious activity that targets the personally identifiable 

information of members of the Armed Forces, government civilians, 

and their families. 


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Report on priorities for bed downs, basing criteria, and special mission units for C–130J aircraft of the Air Force 

The Senate bill contained a provision (Sec. 1085) that would direct the Secretary of the Air Force to submit a report to the congressional defense committees on the overall prioritization, bed 

downs, basing criteria, and unit conversion priorities for C–130J 

aircraft and special mission units of the Air Force Reserve Command, Air National Guard, and the regular Air Force. 

The House amendment contained no similar provision. 

The Senate recedes. 

The conferees direct the Secretary of the Air Force, not later 

than February 1, 2017, to submit to the congressional defense committees a report on the following: 

(1) The overall prioritization scheme of the Air Force for future 

C–130J aircraft unit bed downs; 

(2) The strategic basing criteria of the Air Force for C–130J 

aircraft unit conversions; 

(3) The unit conversion priorities for special mission units of 

the Air Force Reserve Command, the Air National Guard, and the 

regular Air Force, and the manner which considerations such as 

age of airframes factor into such priorities; and, 

(4) Such other information relating to C–130J aircraft unit conversions and bed downs as the Secretary considers appropriate. 

Clarification of contracts covered by airlift service provision 

The House amendment contained a provision (sec. 1085) that 

would amend section 9516 of title 10, United States Code, to define 

‘‘contract for airlift service’’ to include any contract or subcontract 

that may be utilized in the performance of airlift service or transportation services. 

The Senate bill contained no similar provision. 

The House recedes. 

LNG permitting certainty and transparency 

The House amendment contained a provision (sec. 1090) that 

would require the Department of Energy to issue a final decision 

on any application for the authorization to export natural gas not 

later than 30 days after completing an environmental review or the 

date of enactment of this Act. 

The Senate bill contained no similar provision. 

The House recedes. 

Transfer of surplus firearms to Corporation for the Promotion of 

Rifle Practice and Firearms Safety 

The House amendment contained a provision (sec. 1092) that 

would amend section 40728(h) of title 26, United States Code, by 

changing the authority of the Secretary of the Army from permissive to directive and striking the limitation of 10,000 .45 caliber 

M1911/M1911A1 pistols. 

The Senate bill contained no similar provision. 

The House recedes. 


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Sense of Congress regarding the importance of Panama City, Florida, to the history and future of the Armed Forces 

The House amendment contained a provision (sec. 1093) that 

would express the Sense of Congress on the role of Panama City, 

Florida to the Armed Forces of the United States. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees note that Panama City, Florida has long played 

an important role in the development and support of the United 

States armed forces. 

Protection against misuse of Naval Special Warfare Command insignia 

The Senate bill contained a provision (sec. 1093) that would 

add a new section 7882 to title 10, United States Code, to prohibit 

a person from using any covered Naval Special Warfare insignia in 

connection with any promotion, service or other commercial activity 

when a particular use would be likely to suggest a false affiliation, 

connection, or association with, endorsement by, or approval of, the 

United States, the Department of Defense, or the Department of 

the Navy, and to authorize the Attorney General to initiate civil 

proceedings to prevent unauthorized use of such insignia. 

The House amendment contained no similar provision. 

The Senate recedes. 

Protections relating to civil rights and disabilities 

The House amendment contained a provision (sec. 1094) that 

would require any branch or agency of the federal government to 

provide the protection and exemptions consistent with sections 

702(a) and 703(e)(2) of the Civil Rights Act of 1964 (sections 2000e– 

1(a) and 2000e–2(e) of title 42, United States Code) and section 

103(d) of the Americans with Disabilities Act of 1990 (section 

12113(d) of title 42, United States Code) with respect to any religious corporation, religious association, religious educational institution, or religious society that is a recipient of or offeror for a federal government contract, grant or similar arrangement. 

The Senate bill contained no similar provision. 

The House recedes. 

Determination and disclosure of transportation costs incurred by 

Secretary of Defense for congressional trips outside the United 

States 

The House amendment contained a provision (sec. 1096) that 

would require the Secretary of Defense to determine and disclose 

the transportation costs incurred by the Department of Defense for 

certain congressional trips outside the United States. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees continue to support public disclosure of official 

travel by Members, officers, and employees of the Senate and the 

House of Representatives. To this end, the conferees note that section 1754(b) of title 22, United States Code, contains reporting and 

disclosure requirements for congressional travel outside the United 

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spection and published in the Congressional Record. The conferees 

recognize that there are circumstances under which transportation 

provided by the Department of Defense best meets the needs of 

congressional delegations, ranging from protecting the safety and 

security of the delegations, expediency, and accessing destinations 

that have little or no commercial air service. The conferees further 

note that the Committees on Armed Services of the Senate and the 

House of Representatives each maintain policies and processes to 

provide further oversight of travel requests by members and employees of the committees. 

Sense of Congress regarding American veterans disabled for life 

The House amendment contained a provision (sec. 1098C) that 

would express the sense of Congress regarding American veterans 

disabled for life. 

The Senate bill contained no similar provision. 

The House recedes. 

Maritime Occupational Safety and Health Advisory Committee 

The House amendment contained a provision (sec. 1098E) that 

would establish a Maritime Occupational Safety and Health Advisory Committee. 

The Senate bill contained no similar provision. 

The House recedes. 

Sense of Congress regarding United States Northern Command Preparedness 

The House amendment contained a provision (sec. 1098F) that 

would express the sense of the Congress related to the preparedness of United States Northern Command. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees note the important role of United States Northern Command in domestic disaster relief and consequence management operations. The conferees encourage United States Northern 

Command to build on current efforts and leverage, where possible, 

existing training and management expertise within the Department and other available resources to support this important mission. 

Workforce issues for relocation of marines to Guam 

The House amendment contained a provision (sec. 1098H) that 

would grant the U.S. Citizenship Immigration Services flexibility to 

approve H–2B visa application renewals for contractors performing 

work on Guam for the duration of the construction plans supporting the realignment of U.S. Marines to Guam. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees direct the Secretary of the Navy to submit a report to the Committees on Armed Services of the Senate and the 

House of Representatives and the Committees on the Judiciary of 

the Senate and the House of Representatives no later than April 

1, 2017, regarding the impacts the current H–2B visa program and 

renewal process have on the relocation of U.S. Marine forces to 


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Guam. At minimum, the report should include the following elements: 

(1) A description of the impacts to the cost and schedule of the 

relocation of U.S. Marine forces to Guam; 

(2) A description of the impacts to U.S. bilateral and multilateral relations and agreements in the Pacific; 

(3) A description of the specific impacts for the military construction program required to support the relocation of U.S. Marine 

forces to Guam; 

(4) A description of the specific impacts on the delivery of 

healthcare to support the relocation of U.S. Marine forces to Guam 

as well as challenges to providing health care on Guam as identified in the supplemental environmental impact statement; 

(5) Any other such information as the Secretary believes is relevant to workforce issues for the relocation of U.S. Marines to 

Guam; and 

(6) If the Secretary believes that changes to the statute governing the non-immigrant worker program described above are necessary in order to mitigate adverse impacts to the cost or schedule 

of the military construction program, or the delivery of healthcare, 

required to support the relocation of U.S. Marine forces to Guam, 

the Secretary, in coordination with the Director of U.S. Citizenship 

and Immigration Services, is encouraged to include a legislative 

proposal that would mitigate the impacts described in the report. 

Review of Department of Defense debt collection regulations 

The House amendment contained a provision (sec. 1098I) that 

would require the Secretary of Defense to review and update Department of Defense regulations to ensure such regulations comply 

with Federal consumer protection law with respect to the collection 

of debt. 

The Senate bill contained no similar provision. 

The House recedes. 

Importance of role played by women in World War II 

The House amendment contained a provision (sec. 1098J) that 

would express the sense of Congress in acknowledging the important role played by women in World War II. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees note, with gratitude, the enduring legacy and example of patriotic service by those women who worked and volunteered on the home front in support of the military overseas. 

Prohibition on modification, abrogation, or other related actions 

with respect to United States jurisdiction and control over 

United States Naval Station, Guantanamo Bay, Cuba, without 

congressional action 

The House amendment contained provisions (secs. 1099, 

1099A–C) that prohibit action to modify, abrogate, or replace the 

stipulations, agreements, and commitments in the Guantanamo 

Lease Agreements, or to impair or abandon the jurisdiction of the 

United States over United States Naval Station, Guantanamo Bay, 

Cuba, without congressional action. 


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The Senate bill contained no similar provision. 

The House recedes. 

Pilot’s Bill of Rights 2 

The Senate bill contained a series of provisions (sec. 3301, 

3302, 3303, 3304, 3305, 3306, and 3307) that would establish Federal Aviation Administration third class medical reform and general aviation pilot protections, ‘‘The Pilots Bill of Rights 2’’. 

The House amendment contained no similar provisions. 

The Senate recedes on these provisions. 

Comprehensive strategy for detention of certain individuals 

The House amendment contained a provision that would require the Secretary of Defense, in consultation with the Attorney 

General and the Director of National Intelligence, to submit a report to the appropriate congressional committees by July 19, 2017, 

setting forth the details of a comprehensive strategy for the detention of individuals captured and held pursuant to the Authorization 

of the Use of Military Force (Public Law 107–40) pending the end 

of hostilities. 

The Senate bill contained no similar provision. 

The House recedes. 

Declassification of information on past terrorist activities of detainees transferred from United States Naval Station, Guantanamo 

Bay, Cuba 

The House amendment contained a provision that would require the Director of National Intelligence to complete a declassification review of intelligence reports prepared by the National 

Counterterrorism Center prior to Periodic Review Board sessions or 

detainee transfers on the past terrorist activities of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, 

who were transferred or released from United States Naval Station, Guantanamo Bay, Cuba, and make any information declassified available to the public. 

The Senate bill contained no similar provision. 

The House recedes. 

TITLE XI—CIVILIAN PERSONNEL MATTERS

Subtitle A—Department of Defense Matters Generally 

Civilian personnel management (sec. 1101) 

The Senate bill contained a provision (sec. 1101) that would 

modify Section 129 of title 10, United States Code to remove restrictions on managing civilian personnel within the Department of 

Defense on the basis of man years, end strength, full-time equivalent positions, or maximum number of employees. The provision 

would add a new section requiring a report no later than February 

1 of each year from the Secretary of Defense to the congressional 

defense committees on the management of the civilian workforce of 

the Office of the Secretary of Defense and the Defense Agencies 

and Field Activities. The provision would require the Secretary of 

each military department to submit a report on the management 


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of the civilian workforce under the jurisdiction of each Secretary 

which provides for the projected size of the civilian workforce in the 

current year and for each year in the future-years defense program 

to include a justification of any projected increases. 

The House amendment contained no similar provision. 

The House recedes. 

Repeal of requirement for annual strategic workforce plan for the 

Department of Defense (sec. 1102) 

The Senate bill contained a provision (sec. 1102) that would repeal the reporting requirement for the Department of Defense to 

submit a biennial strategic workforce plan, as contained in section 

115b of title 10, United States Code. 

The House amendment contained no similar provision. 

The House recedes. 

Training for employment personnel of Department of Defense on 

matters relating to authorities for recruitment and retention at 

United States Cyber Command (sec. 1103) 

The Senate bill contained a provision (sec. 1108) that would require training for employment and human resources personnel at 

the Department of Defense on special recruitment, hiring, special 

pays, and retention authorities for positions at United States Cyber 

Command. In addition to training, written guidance would also be 

required to inform such employees of the Department of Defense on 

which authorities are available and how to use those authorities. 

The House amendment contained no similar provision. 

The House recedes with a technical amendment. 

Public-private talent exchange (sec. 1104) 

The Senate bill contained a provision (sec. 1107) that would 

allow Department of Defense employees to work in the private sector and private industry employees to work within the Department 

of Defense. Exchanges would encourage Department of Defense employees to gain skills that align with functional communities or occupational specialties. 

The House amendment contained a similar provision (sec. 

1113). 

The Senate recedes with an amendment that would clarify the 

conditions under which a temporary assignment of an employee of 

the Department of Defense may be made and the terms and conditions for private-sector employees assigned to a Department of Defense organization. 

The conferees note that as this authority would build on programs like the Intergovernmental Personnel Act (IPA), the committee understands that the Department of Defense has established procedures for monitoring and controlling salaries and expenses for the IPA program, including a limitation on salaries that 

may be paid or reimbursed for IPAs, and expects that such constraints will be applied to the pilot authorized by this provision. 


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Temporary and term appointments in the competitive service in the 

Department of Defense (sec. 1105) 

The Senate bill contained a provision (sec. 1103) that would 

allow non-competitive appointments to Department of Defense temporary and term positions for no more than 18 months without the 

possibility of extension. 

The House amendment contained no similar provision. 

The House recedes. 

Direct-hire authority for the Department of Defense for post-secondary students and recent graduates (sec. 1106) 

The Senate bill contained a provision (sec. 1106) that would establish a Department of Defense (DoD) civilian on-campus recruiting authority under title 10 as an alternative to the federal government-wide Pathways program (established by Executive Order 

13562) and other Title 5 hiring authorities. This proposal would facilitate DoD recruiters’ efforts to recruit students directly to civilian positions using a new hiring authority expressly designed for 

this purpose. Hiring managers and recruiters, who already travel 

to specific schools with programs they want to target, would be 

able to involve candidates in a rigorous interview process, and 

make conditional offers on the spot. This would allow DoD to compete for highly qualified students and recent graduates. This authority would be limited to no more than 15 percent of the total 

number of hires made into professional and administrative occupations of the Department at the GS–11 level and below annually and 

would sunset four years after the date on which the Secretary first 

appoints a recent graduate or current post-secondary student to a 

position under this section. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would sunset the 

provision on September 30, 2021 and require the Secretary of Defense, to the extent practical, to provide public notice and advertising of positions offered under this authority. 

Temporary increase in maximum amount of voluntary separation 

incentive pay authorized for civilian employees of the Department of Defense (sec. 1107) 

The Senate bill contained a provision (sec. 1109) that would increase the maximum amount of separation pay authorized for Voluntary Separation Incentive Pay (VSIP) from the current ceiling of 

$25,000 to $40,000 for civilian employees of the Department of Defense. This increased maximum amount would adjust for inflation 

from when VSIP was first authorized for the Department of Defense in 1993. The Chief Human Capital Officers Act of 2002 (Public Law 107–296) provided government-wide authority to provide 

VSIP. The maximum payable amount has not been adjusted since 

VSIP was first authorized. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would sunset the 

provision on September 30, 2018. 


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Extension of the rate of overtime pay for Department of the Navy 

employees performing work aboard or dockside in support of the 

nuclear-powered aircraft carrier forward deployed in Japan 

(sec. 1108) 

The Senate bill contains a provision (sec. 1136) that would 

amend sections 5542 and 5544 of title 5, United States Code, to 

allow overtime pay equal to one and one-half times the hourly rate 

of basic pay for nonexempt Federal civilian employees assigned to 

temporary duty travel in exempt areas as defined by the Fair 

Labor Standards Act of 1938. 

The House amendment contains no similar provision. 

The House recedes with an amendment that would extend the 

authority to pay overtime to Department of the Navy employees 

performing work aboard or dockside in support of the nuclear-powered aircraft carrier forward deployed in Japan through September 

30, 2018. 

Limitation on number of DOD SES positions (sec. 1109) 

The Senate bill contained a provision (sec. 1112) that would 

limit the number of employees at the Department of Defense who 

are in the Senior Executive Service (SES). The limitation in this 

provision would reduce by 25 percent the number of covered SES 

employees of the Department, which were employed on December 

31, 2015. The reduction required by this provision would be effective on January 1, 2019. Covered SES employees would not include 

‘‘Highly Qualified Experts,’’ which the provision limits to 200. The 

limitation would not apply to those employees of the Department 

who are appointed by the President and confirmed by the Senate. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would limit the 

number of senior executives authorized for the Department of Defense to 1,260, and Highly Qualified Experts to 200. 

Direct hire authority for financial management experts into the Department of Defense workforce (sec. 1110) 

The Senate bill contained a provision (sec. 1105) that would 

provide each secretary of a military department with the authority 

to appoint qualified candidates possessing a finance, accounting, 

management, or actuarial science degree to financial management, 

accounting, auditing, and actuarial positions within the Department of Defense workforce. The authority would be limited to 10 

percent of the total number of finance, accounting, management, 

actuarial science, or financial management positions within each 

military department that are filled as of the close of the fiscal year 

last ending before the start of such calendar year. The authority 

would expire on January 1, 2023. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would include 

within this direct appointment authority those possessing a degree 

or related experience with business administration. 


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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) 

The Senate bill contained a provision (sec. 1110) that would 

amend section 3326 of title 5, United States Code, to repeal subsection (b)(3) which allows the Secretary concerned to waive the restriction on the appointment of retired members of the armed 

forces to positions in the civil service in the Department of Defense 

within 180 days of their retirement based on a state of national 

emergency. 

The House amendment contained no similar provision. 

The House recedes. 

Subtitle B—Department of Defense Science and Technology 

Laboratories and Related Matters 

Permanent personnel management authority for the Department of 

Defense for experts in science and engineering (sec. 1121) 

The Senate bill contained a provision (sec. 1121) that would 

support efforts by the Defense Advanced Research Projects Agency 

to attract, recruit, and employ world-class scientific, technical, and 

engineering talent to manage and oversee the innovative research 

and technology development programs of the agency. The provision 

would make permanent and codify the current experimental personnel authority that the agency has quite successfully employed, 

as well as preserve the agency’s ability to compete with the private 

sector for technical talent through flexibility in setting compensation levels. 

The House amendment contained a similar provision (sec. 

1105) that would remove the sunset date and annual reporting requirement for these authorities and codify them in chapter 81 of 

title 10, United States Code. 

The House recedes with a technical amendment. 

Codification and modification of certain authorities for certain positions at Department of Defense research and engineering laboratories (sec. 1122) 

The Senate bill contained a provision (sec. 1122) that would increase the limit from 3 percent to 10 percent on the total number 

of student employees eligible for direct hire by the directors of the 

Department of Defense science and technology reinvention laboratories. The provision would also make this authority permanent. 

The House amendment contained no similar provision. 

The House recedes with an amendment to codify this authority 

in chapter 139 of Title 10, United States Code. 

Modification to information technology personnel exchange program 

(sec. 1123) 

The Senate bill contained a provision (sec. 1124) that would 

make the Department of Defense’s Information Technology Exchange Program permanent. 

The House amendment contained a similar provision (sec. 

1106) that would expand the scope of the program to include cyber 


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operations personnel, and increase the number of personnel that 

could be exchanged from 10 to 50. 

The Senate recedes with an amendment to extend the sunset 

of the program from 2018 to 2022. 

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. 1124) 

The Senate bill contained a provision (sec. 1125) that would 

give Department of Defense science and technology laboratories the 

authority to offer compensation for certain positions requiring extremely high levels of experience above the maximum amount normally allowed by the executive schedule. 

The House amendment contained no similar provision. 

The House recedes. 

Temporary direct hire authority for domestic defense industrial base 

facilities, the Major Range and Test Facilities Base, and the Office of the Director of Operational Test and Evaluation (sec. 

1125) 

The Senate bill contained a provision (sec. 1123) that would 

give the directors of Department of Defense test and evaluations facilities the same direct hire authorities already provided to the directors of the Department’s science and technology laboratories. 

The House amendment contained a similar provision (sec. 

1101) that would provide direct hire authority for Department of 

Defense industrial base facilities located in the United States, as 

well as the Major Range and Test Facilities Base. 

The Senate recedes with an amendment to clarify and enhance 

several aspects of the authorities. 

The conferees direct the Secretary of Defense to provide a 

briefing to the House and Senate Armed Services Committees as 

well as the House Committee on Oversight and Government Reform and the Senate Homeland Security and Governmental Affairs 

Committee, not later than 60 days after the end of fiscal year 2018 

and again each year until the temporary authorities expire, on the 

effectiveness of all direct hire authorities granted in this Act in fulfilling the civilian manpower needs of the Department. 

Subtitle C—Government-Wide Matters 

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

1131) 

The House amendment contained a provision (sec. 574) that 

would specify that there is no time limitation on a relocating 

spouse’s eligibility for noncompetitive appointment from the date of 

the servicemember’s permanent change of station orders to the 

spouse’s permanent appointment per duty station. 

The Senate bill contained a similar provision (sec. 1113). 

The Senate recedes. 


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Temporary personnel flexibilities for domestic defense industrial 

base facilities and Major Range and Test Facilities Base civilian personnel (sec. 1132) 

The House amendment contained a provision (sec. 1102) that 

would allow Department of Defense industrial base facilities located in the United States and Major Range and Test Facilities 

Base centers to hire temporary employees into permanent positions 

outside of the requirements of the competitive services. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment to clarify the benefits 

available to such personnel. 

One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a 

combat zone (sec. 1133) 

The House amendment contained a provision (sec. 1103) that 

would extend by 1 year the discretionary authority of the head of 

a federal agency to provide allowances, benefits, and gratuities 

comparable to those provided to members of the Foreign Service to 

an agency’s civilian employees on official duty in a combat zone. 

The Senate bill contained a similar provision (sec. 1152). 

The Senate recedes. 

Advance payments for employees relocating within the United States 

and its territories (sec. 1134) 

The Senate bill contained a provision (sec. 1135) that would 

authorize the use of advance payment of basic pay for current employees who relocate within the United States and its territories to 

a location outside the employee’s current commuting area. Advance 

payment of basic pay under this provision would be limited in 

amount to not more than two pay periods. 

The House amendment contained a similar provision (sec. 

1104) that would limit the amount to not more than six pay periods. 

The Senate recedes with an amendment that would limit the 

amount to not more than four pay periods. 

Eligibility of employees in a time-limited appointment to compete for 

a permanent appointment at any Federal agency (sec. 1135) 

The House amendment contained a provision (sec. 1108) that 

would modify section 9602 of title 5, United States Code, to clarify 

the eligibility of employees of a land management agency in a timelimited appointment to compete for a permanent appointment at 

any Federal agency. 

The Senate bill contained a similar provision (sec. 1131). 

The Senate recedes. 

Review of official personnel file of former Federal employee before 

rehiring (sec. 1136) 

The House amendment contained an amendment (sec. 1111) 

that would require an appointing authority to review and consider 

the information relating to a prospective employee’s former government service in the candidate’s official personnel record file prior 


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to making any determination with respect to the appointment or 

reinstatement of the employee to such a person. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would clarify 

which types of information an appointing authority should review. 

One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian 

employees working overseas (sec. 1137) 

The Senate bill contained a provision (sec. 1137) that would 

amend section 1101 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417), as most 

recently amended by section as amended by section 1108 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 

114–92), to extend through 2017 the authority of heads of executive 

agencies to waive limitation on the aggregate of basic and premium 

pay of employees who perform work in an overseas location that is 

in the area of responsibility of the commander, U.S. Central Command (CENTCOM), or a location that was formerly in CENTCOM 

but has been moved to an area of responsibility for the Commander, U.S. Africa Command, in support of a military operation 

or an operation in response to a declared emergency. 

The House amendment contained no similar provision. 

The House recedes. 

Administrative leave (sec. 1138) 

The House amendment contained a provision (sec. 1109) that 

would provide that a Federal employee may not be placed on administrative leave, or other paid non-duty status without charging 

leave, for more than 14 total days for reasons relating to misconduct or performance. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would provide 

that a Federal employee may not be placed on administrative leave 

for more than 10 work days in any calendar year, and authorize 

additional periods of administrative leave only for employees under 

investigation or in a notice period, subject to agency determination 

that the continued presence of the employee in the workplace poses 

a threat to other employees, evidence relevant to a pending investigation, Government property, or legitimate Government interests. 

Direct hiring for Federal wage schedule employees (sec. 1139) 

The Senate bill contained a provision (sec. 1132) that would direct the Director of the Office of Personnel Management to permit 

certain agencies to use the direct-hire authority of permanent and 

non-permanent positions in the competitive service for prevailing 

rate employees when there is a severe shortage of candidates or a 

critical hiring need for such positions. 

The House amendment contained no similar provision. 

The House recedes. 


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Record of investigation of personnel action in separated employee’s 

official personnel file (sec. 1140) 

The House amendment contained a provision (sec. 1110) that 

would require the head of an agency to make a permanent notation 

in an individual’s personnel file if the individual resigns from government employment while the subject of a personnel investigation 

and an adverse finding against the individual is made as a result 

of the investigation. 

The Senate bill contained no similar amendment. 

The Senate recedes. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Treatment of certain localities for calculation of per diem allowances 

The House amendment contained a provision (sec. 1107) that 

would consolidate per diem localities in the Dayton, Ohio, area. 

The Senate bill contained no similar provision. 

The House recedes. 

Pilot programs on career sabbaticals for Department of Defense civilian employees 

The Senate bill contained a provision (sec. 1111) that would 

create a pilot program on career sabbaticals for Department of Defense civilian employees. 

The House amendment contained no similar provision. 

The Senate recedes. 

Report on Department of Defense civilian workforce personnel and 

contractors 

The House amendment contained a provision (sec. 1112) that 

would require the Secretary of Defense to submit a detailed report 

on the structure and number of the civilian workforce and contractors of the Department of Defense. 

The Senate bill contained no similar amendment. 

The House recedes. 

Appointment authority for uniquely qualified prevailing rate employees 

The Senate bill contained a provision (sec. 1133) that would 

allow the head of an agency to appoint an individual to a prevailing 

rate position at such a rate of basic pay above the minimum rate 

of the appropriate grade in cases where there is an unusually large 

shortage of qualified candidates for employment, unique qualifications of a candidate of employment, or a special need of the Government for the services of a candidate for employment. 

The House amendment contained no similar provision. 

The Senate recedes. 

Limitation on preference eligible hiring preferences for permanent 

employees in the competitive service 

The Senate bill contained a provision (sec. 1134) that would 

limit the application of points for preference eligible hiring to the 


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first appointment of a preference eligible candidate in a permanent 

position in the competitive service. 

The House amendment contained no similar provision. 

The Senate recedes. 

The conferees remain concerned that the Department of Defense has difficulty accessing highly skilled non-veterans into its civilian labor force due to strict preference eligible hiring requirements, and believes that a detailed examination of Department of 

Defense preference eligible hiring practices is overdue. Therefore, 

the conferees direct the Secretary of Defense, in coordination with 

the Secretary of Labor, Secretary of Veterans Affairs, and the Director of the Office of Personnel Management to submit a report no 

later than May 1, 2017, to the Committees on Armed Services of 

the Senate and House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the 

Committee on Oversight and Government Reform of the House of 

Representatives. Such report shall consist of a coordinated overview of the Veterans preference process in Federal hiring and shall 

contain the following elements: (1) an analysis of how the current 

process of applying preference eligible points works in practice, including initial hires and the process as employees move and advance into new positions; (2) a review of positive impacts realized 

in the past five years of preference eligible hiring; (3) an analysis 

of the impact of preference eligible hiring on agencies’ ability to 

hire qualified non-veteran applicants; (4) an analysis of the impact 

of preference eligible hiring on agencies’ ability to hire qualified 

non-veteran recent graduates and young talent needed to build the 

future workforce; (5) a review of challenges identified in the past 

five years of preference eligible hiring; (6) an analysis of the impact 

of preference eligible hiring on science, technology, engineering and 

math positions; and (7) proposals from the reviewing agencies to 

improve the current preference eligible hiring process. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS

Subtitle A—Assistance and Training 

One-year extension of logistical support for coalition forces supporting certain United States military operations (sec. 1201) 

The House amendment contained a provision (sec. 1201) that 

would amend section 1234 of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181), as most recently 

amended by section 1201 of the National Defense Authorization Act 

for Fiscal Year 2016 (Public Law 114–92), by authorizing the Secretary of Defense to provide supplies, services, transportation, and 

other logistical support to coalition forces supporting U.S. operations in the Republic of Iraq and the Islamic Republic of Afghanistan during fiscal year 2017. 

The Senate bill contained no similar provision. 

The Senate recedes. 


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Special Defense Acquisition Fund matters (sec. 1202) 

The Senate bill contained a provision (sec. 1202) that would increase the obligation authority for the Special Defense Acquisition 

Fund. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would require 

quarterly spending plans and annual inventories to ensure more 

regular and routine oversight and alignment of the use of such 

funds with security assistance priorities and national security objectives. 

The amendment also requires that $500.0 million of the Special Defense Acquisition Fund may only be used to procure and 

stock precision guided munitions that may be required by partner 

and allied forces to enhance the effectiveness of their contribution 

to overseas contingency operations conducted or supported by the 

United States. If necessary, the conferees understand that nothing 

in this provision would preclude the Secretary of Defense from 

using precision guided munitions that have been procured and 

stocked using the Special Defense Acquisition Fund to meet immediate United States military requirements. 

Codification of authority for support of special operations to combat 

terrorism (sec. 1203) 

The Senate bill contained a provision (sec. 1203) that would establish a new section 127e in title 10, United States Code, to codify 

section 1208 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375), as most recently amended by section 1274 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92). The provision 

would increase the annual cap on the authority from $85.0 million 

to $100.0 million and would limit the amount available to support 

any particular military operation under the authority to $10.0 million in a fiscal year as well as modify notification requirements. 

The House amendment contained a similar provision that 

would modify and extend section 1208 of Public Law 108–375, as 

amended, for 3 years. 

The House recedes with an amendment that would eliminate 

the limitation of $10.0 million on support to any particular military 

operation in a fiscal year and make other clarifying changes to the 

reporting requirements associated with this authority. 

The conferees express strong support for ‘‘section 1208’’ authority and its importance in countering threats posed by violent extremist groups. The conferees believe that the maturity of the authority, the need for predictability when working with foreign partner forces, and the enduring nature of the threats facing our nation 

support the codification of this authority. The conferees believe that 

an increase of the annual cap to $100.0 million will provide for stability and sufficient flexibility to address unforeseen contingencies 

in future years. 

The conferees expect the Department to exercise judicious use 

of the authority and conduct appropriate planning to preserve the 

flexibility afforded by the codification and expansion of this authority. 


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Furthermore, the conferees expect the Department to appropriately scope support provided under this authority to address 

operational requirements in support of defined counterterrorism 

missions. This authority should not be used solely for the purpose 

of building the capacity of or engagement with foreign partner 

forces. When operational requirements no longer require the use of 

this tailored authority, support for foreign partner forces should be 

expeditiously terminated or transitioned to other authorities and 

funding sources that are more appropriately designed for longerterm, sustained capacity-building efforts. 

Independent evaluation of Strategic Framework for Department of 

Defense security cooperation (sec. 1204) 

The House amendment contained a provision (sec. 1206) that 

would require the Secretary of Defense to enter into an agreement 

with a federally funded research and development center, or another appropriate independent entity, with expertise in security cooperation to conduct an assessment of the Strategic Framework for 

Department of Defense Security Cooperation and submit a report 

to the congressional defense committees, the Committee on Foreign 

Relations of the Senate, and the Committee on Foreign Affairs of 

the House of Representatives not later than November 1, 2017, 

containing the assessment. 

The Senate bill contained no similar provision. 

The Senate recedes with a technical amendment. 

Sense of Congress regarding an assessment, monitoring, and evaluation framework for security cooperation (sec. 1205) 

The House amendment contained a provision (sec. 1207) that 

would express the sense of Congress that the Secretary of Defense 

should develop and maintain an assessment, monitoring, and evaluation framework for security cooperation with foreign countries to 

ensure accountability and foster implementation of best practices. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Subtitle B—Matters Relating to Afghanistan and Pakistan 

Extension and modification of Commanders’ Emergency Response 

Program (sec. 1211) 

The Senate bill contained a provision (sec. 1201) that would extend through fiscal year 2019 the Commanders’ Emergency Response Program (CERP) in Afghanistan under section 1201 of the 

National Defense Authorization Act for Fiscal Year 2012 (Public 

Law 112–81) as amended. The provision would also expand the authorization to make certain payments to redress injury and loss in 

Iraq in accordance with section 1211 of the National Defense Authorization Act for Fiscal Year 2016 to Afghanistan and Syria. 

The House amendment contained a similar provision (sec. 

1211). 

The Senate recedes with a technical amendment. 


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Extension of authority to acquire products and services produced in 

countries along a major route of supply to Afghanistan (sec. 

1212) 

The Senate bill contained a provision (sec. 883) that would 

amend section 801(f) of the National Defense Authorization Act for 

Fiscal Year 2010 (Public Law 111–84) to extend by 2 years the authority to acquire products and services produced in countries 

along the major route of supply to Afghanistan. 

The House amendment contained a similar provision (sec. 

1213) that would extend the authority by 1 year. 

The House recedes. 

Extension and modification of authority to transfer defense articles 

and provide defense services to the military and security forces 

of Afghanistan (sec. 1213) 

The Senate bill contained a provision (sec. 1211) that would extend through December 31, 2017, the authority under section 1222 

of the National Defense Authorization Act for Fiscal Year 2013 

(Public Law 112–239) to transfer defense articles being drawn 

down in Afghanistan, and to provide defense services in connection 

with such transfers, to the military and security forces of Afghanistan. The provision would also extend through fiscal year 2017 the 

exemption for excess defense articles (EDA) transferred from Department of Defense stocks in Afghanistan from counting toward 

the annual limitation on the aggregate value of EDA transferred 

under section 516 of the Foreign Assistance Act of 1961 (Public 

Law 87–195). The provision would also convert certain quarterly 

reports into an annual report. 

The House amendment contained a similar provision (sec. 

1241). 

The House recedes. 

Special immigrant status for certain Afghans (sec. 1214) 

The House amendment contained a provision (sec. 1216) that 

would extend the authorization for the Afghan Special Immigrant 

Visa (SIV) program for one year and narrow the eligibility requirements for Afghan SIV candidates. 

The Senate bill contained no similar provision. 

The Senate recedes with a technical amendment that would 

modify eligibility requirements for applicants to include those that 

perform sensitive and trusted activities for the United States Government in Afghanistan; extend the underlying SIV program for 

four additional years; and provide an additional 1,500 visas. The 

conferees believe that any Afghan performing sensitive and trusted 

activities for or on the behalf of the United States Government 

should be eligible for the Special Immigrant Visa program. 

Modification to semiannual report on enhancing security and stability in Afghanistan (sec. 1215) 

The House amendment contained a provision (sec. 1217) that 

would add the requirement for an assessment of the implementation of the Afghan Personnel and Pay System to the report on enhancing the strategic partnership between the United States and 

Afghanistan. 


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The Senate bill contained no similar provision. 

The Senate recedes with a technical amendment. 

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. 1216) 

The Senate bill contained a provision (sec. 1213) that would 

prohibit the obligation or expenditure of amounts available to the 

Department of Defense for a construction or other infrastructure 

program or project in Afghanistan unless certain conditions are 

met. The provision also provides for certain waivers. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would provide for 

an additional waiver by the Commander of the Combined Security 

Transition Command—Afghanistan for projects greater than $1.0 

million, but less than $20.0 million. 

Improvement of oversight of United States Government efforts in Afghanistan (sec. 1217) 

The Senate bill contained a provision (sec. 1215) that would require the Lead Inspector General for Operation Freedom’s Sentinel, 

in coordination with certain other inspectors general, to submit a 

report on oversight activities in Afghanistan to optimize the utilization of oversight resources through planning, coordination, and reduction of redundancies in oversight activities. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would add the requirement to report on the professional standards used by inspectors general to ensure the accuracy, precision, and overall quality 

of the products they publish regarding Afghanistan. 

The conferees note that inspectors general play a crucial role 

in helping to ensure appropriate oversight and efficient use of federal resources in challenging environments, including Afghanistan. 

The conferees believe the Inspectors General operating in Afghanistan should work together to ensure appropriate oversight occurs 

at all levels, with minimal burden to U.S. military operations, diplomatic efforts and developmental projects. The conferees urge additional efforts to optimize coordination and to maximize the use of 

professional standards among inspectors general in Afghanistan to 

ensure the most efficient and effective use of oversight resources. 

Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States 

military operations (sec. 1218) 

The Senate bill contained a provision (sec. 1214) that would 

provide the Secretary of Defense the authority to reimburse Pakistan up to $800.0 million in fiscal year 2017 for certain activities 

that enhance the security situation in the northwest regions of 

Pakistan and along the Afghanistan-Pakistan border. The provision 

would also make $300.0 million of this amount contingent upon a 

certification from the Secretary of Defense that Pakistan is taking 

demonstrable steps against the Haqqani Network in Pakistan. The 

Senate bill also contained a companion provision (sec. 1212) that 

would extend and modify the authority for reimbursement of coaliVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 01230 Fmt 6601 Sfmt 6601 E:\HR\OC\HR840.XXX HR840

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tion nations in support of U.S. operations in Iraq and Afghanistan 

to include Syria. 

The House amendment contained a similar provision (sec. 

1212) that would extend the authority for reimbursement of coalition nations for support provided to the United States for military 

operations in Iraq and Afghanistan through December 31, 2017. 

The provision would make $1.1 billion in funding available for the 

overall coalition support funds program, including up to $900.0 million for reimbursement of Pakistan. The provision would also make 

$450.0 million of this amount contingent upon a certification from 

the Secretary of Defense that Pakistan is taking demonstrable 

steps against the Haqqani Network in Pakistan. 

The Senate recedes with an amendment to merge the three 

provisions into one provision. The revised provision would extend 

the authorization of the coalition support funds program for reimbursement of nations in support of U.S. operations in Iraq and Afghanistan. The provision would expand the authorization to include 

support for operations in Syria and would retain the authority to 

provide such reimbursement to Pakistan. In addition, the provision 

would include a modified list of security enhancement activities for 

which Pakistan would be eligible for reimbursement. The provision authorizes $1.1 billion for the overall coalition support funds program, including up to $900.0 million for Pakistan. 

Of this amount, the provision would make $400.0 million contingent upon a certification from the Secretary of Defense that Pakistan is taking demonstrable steps against the Haqqani Network in 

Pakistani territory. 

The conferees remain concerned about the persecution of 

groups seeking political or religious freedom in Pakistan, including 

the Balochi, Sindhi, and Hazara ethnic groups, as well as religious 

groups, including Christian, Hindu, and Ahmadiyya Muslim. Consequently, the conferees believe that the Secretary of Defense 

should continue to closely monitor the provision of U.S. security assistance to Pakistan and ensure that Pakistan is not using its military or any assistance provided by the United States to persecute 

minority groups. 

In addition, the conferees note that the renewed authority allows for reimbursement of Pakistan for security activities along the 

Afghanistan-Pakistan border, including providing training and 

equipment for the Pakistan Frontier Corps Khyber Pakhtunkhwa. 

However, the conferees are concerned that Pakistan continues to 

delay or deny visas for U.S. personnel that could assist with the 

provision of such training. Given this situation, the conferees recommend that the Department of Defense condition reimbursements 

for training and equipment with appropriate access by U.S. personnel. 

The conferees note that while the pilot program for stability 

activities in the Federally Administered Tribal Areas that was authorized under Section 1212 of the National Defense Authorization 

Act for Fiscal Year 2016 (P.L.114–92) would not be specifically reauthorized by this provision, the activities covered by the pilot program would be eligible for reimbursement under the modifications 

made by this provision. The conferees also note that coalition support funds appropriated by the Consolidated Appropriations Act of 


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2016 (P.L.114–113) remain eligible for obligation for two fiscal 

years. As a result, the conferees expect that the Department of Defense will continue activities under the pilot program through the 

end of fiscal year 2017. 

Subtitle C—Matters Relating to Syria, Iraq, and Iran 

Modification and extension of authority to provide assistance to the 

vetted Syrian opposition (sec. 1221) 

The Senate bill contained a provision (sec. 1221) that would extend and modify the authority under section 1209 of the Carl Levin 

and Howard P. ‘Buck’ McKeon National Defense Authorization Act 

for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3541) to assist 

the vetted elements of the Syrian opposition for certain purposes 

to December 31, 2019, as well as strike the prior approval reprogramming requirement and replace it with a notification requirement before carrying out new initiatives. 

The House amendment contained a similar provision (sec. 

1221) that would extend the authority for one year and add certain 

certification requirements. 

The Senate recedes with an amendment that would extend the 

authority through December 31, 2018, maintain the reprogramming requirement, and strike the certification requirements. 

Modification and extension of authority to provide assistance to 

counter the Islamic State of Iraq and the Levant (sec. 1222) 

The Senate bill contained a provision (sec. 1222) that would extend the authority under section 1236 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3559) to military and 

other security forces of or associated with the Government of Iraq, 

including Kurdish and tribal security forces, with a national mission, to counter the Islamic State in Iraq and the Levant (ISIL) to 

December 31, 2019. 

The House amendment contained a similar provision (sec. 

1222) that would extend the authority to December 31, 2017. 

The House recedes with an amendment that would extend the 

authority through December 31, 2018. 

The conferees direct the Secretary of Defense in coordination 

with the Secretary of State to brief the congressional defense committees, the Senate Foreign Relations Committee, and the House 

Foreign Affairs Committee, not later than 90 days after the enactment of this Act, on the campaign to liberate Mosul, Iraq from the 

control of ISIL. The briefing on the campaign to liberate Mosul 

shall also contain the plan to hold Mosul after liberation and include a detailed blueprint on how humanitarian, reconstruction, 

and stabilization assistance will be provided to support a follow on 

governance structure. 

The conferees note the importance of the provision of up to 

$480 million in stipends and sustainment through the Government 

of Iraq to the Iraqi Kurdish Peshmerga and urge the Secretary of 

Defense, in coordination with the Secretary of State, to provide 

such assistance through the Government of Iraq to Sunni tribal security forces and other local security forces with a national security 


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mission. The conferees remind the Secretaries that local security 

forces with a national security mission may include, in addition to 

Sunni tribal elements, local security forces that are committed to 

protecting highly vulnerable ethnic and religious communities, 

such as Yazidi, Christian, Assyrian, and Turkoman communities, 

against the ISIL threat. 

Extension and modification of authority to support operations and 

activities of the Office of Security Cooperation in Iraq (sec. 

1223) 

The Senate bill contained a provision (sec. 1223) that would extend through fiscal year 2017 the authority under section 1215 of 

the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81) as amended, for the Secretary of Defense to support the operations and activities of the Office of Security Cooperation in Iraq (OSC–I). 

The House amendment contained a similar provision (sec. 

1223) that would extend the authority for OSC–I for one year 

through fiscal year 2017 and authorize the Secretary of Defense to 

conduct training with the Iraqi Border Police. 

The Senate recedes with an amendment that would extend the 

authority through fiscal year 2017. 

The conferees direct the Secretary of Defense and the Secretary of State to submit to the congressional defense committees, 

the Senate Foreign Relations Committee, and the House Foreign 

Affairs Committee, a plan to transition the activities conducted by 

OSC–I but funded by the Department of Defense to another entity 

or transition the funding of such activities to another source not 

later than the end of fiscal year 2018. 

Limitation on provision of man-portable air defense systems to the 

vetted Syrian opposition during fiscal year 2017 (sec. 1224) 

The House amendment contained a provision (sec. 1229) that 

would prohibit the funds authorized to be appropriated or otherwise made available for the Department of Defense for fiscal year 

2017 to be obligated or expended to transfer or facilitate the transfer of man-portable air defense systems (MANPADs) to any entity 

in Syria. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would require the 

Secretary of Defense and Secretary of State to notify the congressional defense committees, the Senate Foreign Relations Committee, and the House Foreign Affairs Committee should a determination be made to provide MANPADs to elements of the appropriately vetted Syrian opposition. The conferees expect that should 

such a determination be made, the requirement for the provision 

of such a capability and the decision to provide it would be thoroughly vetted by and receive broad support from the interagency. 

Modification of annual report on military power of Iran (sec. 1225) 

The Senate bill contained a provision (sec. 1226) that would 

add additional elements concerning cyber capabilities to the annual 

report on the military power of Iran required under section 1245 


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of the National Defense Authorization Act for Fiscal Year 2010 

(Public Law 111–84). 

The House amendment contained a similar provision (sec. 

1253). 

The Senate recedes with a technical amendment. 

Quarterly report on confirmed ballistic missile launches from Iran 

(sec. 1226) 

The House amendment contained a provision (sec. 1259S) that 

would require the President to notify Congress within 48 hours of 

a suspected ballistic missile launch, including a test, by Iran. The 

President shall further notify Congress of the entities involved in 

the launch and a description of the steps the President will take 

in response to the launch, including diplomatic efforts and the imposition of unilateral sanctions. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would replace the 

house provision with the requirement for a quarterly report to Congress by the Director of National Intelligence describing any confirmed ballistic missile launches by Iran. An additional quarterly 

report to Congress from the Secretary of State and the Secretary 

of Treasury is required setting forth a description of the efforts, if 

any, to impose unilateral sanctions against entities or individuals 

in connection with a confirmed ballistic missile launch from Iran 

and any diplomatic efforts to impose multilateral sanctions. 

Subtitle D—Matters Relating to the Russian Federation 

Military response options to Russian Federation violation of INF 

Treaty (sec. 1231) 

The House amendment contained a provision (sec. 1232) that 

would withhold $10.0 million of funding for the Department of Defense to provide support services to the Executive Office of the 

President until the Secretary of Defense submits to the appropriate 

congressional committees a plan for the development of military capabilities in response to the Russian Federation non-compliance 

with its obligations under the INF Treaty, as required by section 

1243(d) of the National Defense Authorization Act for Fiscal Year 

2016 (Public Law 114–92; 129 Stat. 1062). 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would drop section (a)(1) from the House provision. The conferees note that the 

plan contained in the report previously submitted to Congress, pursuant to the above Public Law, was insufficient and failed to address adequately the military response options that were outlined 

in congressional testimony presented by Mr. Brian McKeon, Deputy Under Secretary of Defense for Policy. For example, in testimony to the House Armed Services Committee on December 10, 

2014, Mr. McKeon stated: ‘‘The range of options we are looking at 

in the military sphere fall into three broad categories: Active defenses to counter intermediate-range ground-launched cruise missiles; counterforce capabilities to prevent intermediate-range 

ground-launched cruise missile attacks; and countervailing strike 

capabilities to enhance U.S. or allied forces.’’ The conferees note 


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that nothing in this provision is intended to direct testing or deployment of systems that would cause the United States to violate 

the INF Treaty. 

Limitation on military cooperation between the United States and 

the Russian Federation (sec. 1232) 

The House amendment contained a provision (sec. 1233) that 

would prohibit funds authorized to be appropriated or otherwise 

made available by this Act through fiscal year 2017 from being 

used for bilateral military-to-military contact between the United 

States and the Russian Federation without certain certifications by 

the Secretary of Defense, in consultation with the Secretary of 

State, or unless certain waiver conditions are met. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Extension and modification of authority on training for Eastern European national military forces in the course of multilateral exercises (sec. 1233) 

The Senate bill contained a provision (sec. 1232) that would extend through fiscal year 2019 the authority under section 1251 of 

the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92) for the Secretary of Defense to provide multilateral 

or regional training, and pay the incremental expenses of participating in such training, for countries in Eastern Europe that are 

a signatory to the Partnership for Peace Framework Documents 

but not a member of the North Atlantic Treaty Organization 

(NATO) or became a NATO member after January 1, 1999. The 

provision would also add the authority to utilize under this section 

amounts authorized to be appropriated for certain purposes under 

the European Deterrence Initiative. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would extend the 

authority through fiscal year 2018 and pay the incremental expenses incurred by a country as a result of national security forces 

participation in certain types of training. The conferees note that 

the purpose of such training is to promote interoperability, improve 

the ability of participating countries to respond to external threats 

including from hybrid warfare, and increase the ability of NATO to 

take collective action when required. 

The conferees note the importance of regular updates on the 

status and effectiveness of the implementation and planned use of 

the authority and direct the Secretary of Defense to brief, not later 

than 120 days after the enactment of this Act, the Committees on 

Armed Services of the Senate and the House of Representatives on 

the overall strategy to increase capabilities and develop key participants’ skills under this authority, the expenditure of funds under 

this authority to date, and planned future activities, including the 

types of national security forces trained or planned to be trained 

under this authority. 


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Prohibition on availability of funds relating to sovereignty of the 

Russian Federation over Crimea (sec. 1234) 

The House amendment contained a provision (sec. 1236) that 

would prohibit funds authorized to be appropriated or made available by this Act through fiscal year 2017 for the Department of Defense to implement any activity that recognizes the sovereignty of 

the Russian Federation over Crimea. The provision included a 

waiver if the Secretary of Defense, with the concurrence of the Secretary of State, determines that to do so would be in the national 

security interest of the United States and submits a notification of 

the waiver to certain Congressional committees. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Annual report on military and security developments involving the 

Russian Federation (sec. 1235) 

The Senate bill contained a provision (sec. 1233) that would 

add additional elements to the annual report on Russian military 

and security developments required under section 1245 of the Carl 

Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291) including an assessment of Russian operations in Ukraine and an analysis of the 

nuclear strategy and associated doctrine of Russia. 

The House amendment contained a similar provision that 

would require reporting on the Russian Federation’s foreign military deployments. 

The House recedes with an amendment that would add the 

Russian Federation’s foreign military deployments, including significant deployments of naval vessels to foreign countries, to the 

annual report. 

Limitation on use of funds to vote to approve or otherwise adopt any 

implementing decision of the Open Skies Consultative Commission and related requirements (sec. 1236) 

The Senate bill contained a provision (sec. 1079) that would require the Secretary of Defense to submit to the appropriate committees of Congress, an annual report on observation flights over 

the United States under the Open Skies Treaty during the previous 

year. 

The House amendment contained a similar provision (sec. 

1231) that would limit funds that may be used to approve or permit approval of a request by the Russian Federation to carry out 

observation flights with an aircraft that has installed an upgraded 

sensor with infrared or synthetic aperture radar capability over the 

United States or the territory covered in the Open Skies Treaty, 

unless the administration can certify certain conditions. 

The Senate recedes with an amendment that would limit funding that may be used to vote to approve or otherwise adopt any implementing decision of the Open Skies Consultative Commission to 

authorize approval of requests by state parties to the Treaty of infrared or synthetic aperture radars, pursuant to the Open Skies 

Treaty, unless and until the Secretary of Defense, jointly with the 

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sion would not be detrimental or otherwise harmful to the national 

security of the United States, and submits a report. 

Further, not later than 90 days prior to when the U.S. votes 

to approve or otherwise adopt any implementing decision, the Secretary of State shall submit to Congress certain certifications. If 

the Secretary is unable to make these certifications, the Secretary 

must submit a report to Congress explaining why it is in the national interest of the U.S. to vote to approve or otherwise adopt 

such implementing decision. 

The amendment also requires a quarterly report by certain 

government officials evaluating Open Skies Treaty overflights of 

the United States by the Russian Federation. 

The amendment further states that not more than 65–percent 

of the funds authorized for fiscal year 2017 may be used to carry 

out any activities to implement the Open Skies Treaty until the Director of National Intelligence and the Director of the National 

Geospatial-Intelligence Agency submit an evaluation of whether it 

is possible, consistent with U.S. national security interests, to substitute commercial imagery or other phenomenologies for such data 

generated by Treaty overflights. The amendment further limits the 

funding until the Secretary of State submits a report on cost of implementing the Open Skies Treaty and on impact on participation 

and contributions by covered state parties and relationships among 

covered state parties. 

Extension and enhancement of Ukraine Security Assistance Initiative (sec. 1237) 

The Senate bill contained a provision (sec. 1231) that would extend through fiscal year 2019 the authority under section 1250 of 

the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92) for the Secretary of Defense, in coordination with 

the Secretary of State, to provide security assistance and intelligence support to military and other security forces of the government of Ukraine. The provision would authorize the use of up to 

$500.0 million in fiscal year 2017 to provide security assistance to 

Ukraine. The provision would prohibit the obligation or expenditure of half of the funds authorized to be appropriated in fiscal year 

2017 under this authority until the Secretary of Defense, in coordination with the Secretary of State, certifies that Ukraine has taken 

substantial action to make defense institutional reforms and outlines areas where further work may remain. 

The House amendment contained a similar provision (sec. 

1235) that would make conforming changes of a non-substantive 

nature to section 1250 of the National Defense Authorization Act 

for Fiscal Year 2016 (Public Law 114–92). 

The House recedes with an amendment that would extend the 

authority through December 31, 2018, and authorize the use of up 

to $350 million in fiscal year 2017 to provide security assistance to 

Ukraine. The provision would limit the obligation or expenditure of 

funds to $175 million of the funds authorized to be appropriated in 

fiscal year 2017 until a certification is made that Ukraine has 

taken substantial action on defense institutional reforms. 

The conferees remain deeply concerned by the continuing aggression of Russia and Russian-backed separatists that violate 


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ceasefire agreements and as such, continue to emphasize the fundamental importance of providing security assistance and intelligence support, including lethal military assistance, to the Government of Ukraine to build its capacity to defend its territory and 

sovereignty. 

The conferees are concerned that progress in the area of defense institutional reform has been slow and uneven and note that 

such reforms are critical to sustaining capabilities developed using 

security assistance. Such reforms are critical to the long-term stability and security of Ukraine. The conferees welcome the signing 

of the Partner Concept document between the United States and 

Ukraine as well as the appointment of a senior advisor to the 

Ukrainian government and encourage further progress on institutional reform efforts. 

Subtitle E—Reform of Department of Defense Security Cooperation 

Enactment of new chapter for defense security cooperation (sec. 

1241) 

The Senate bill contained a provision (sec. 1252) that would 

create a new chapter in title 10, United States Code, on security 

cooperation, and would transfer, modify, and codify security cooperation-related provisions from elsewhere in title 10 and public 

law to this new chapter. 

The House amendment contained a similar provision (sec. 

1261). 

The House recedes with amendments that would make several 

modifications, including to: 1) narrow the scope of the authority for 

the Department to provide assistance to build the capacity of a 

friendly foreign nation to conduct specified military operations, 

modify the availability of funds for such purposes, and change notification requirements; 2) preserve the existing authority for the Department of Defense (DOD) to operate five Regional Centers for Security Studies; 3) require the Secretary of Defense to designate an 

individual and office at the Under Secretary of Defense-level or 

below with responsibility for oversight of strategic policy and guidance and responsibility for overall resource allocation for security 

cooperation programs and activities of the Department; and 4) authorize the Department to provide support to other departments 

and agencies of the United States Government for the purpose of 

implementing or supporting foreign assistance programs and activities that advance security cooperation objectives. 

The conferees note that over the last 15 years, the Department 

of Defense’s engagement with national security forces of friendly 

foreign countries has expanded in response to changing strategic 

requirements. Correspondingly, the number and complexity of authorities and associated funding provided to the Department to conduct security cooperation programs has expanded, resulting in security cooperation authorities being dispersed throughout title 10 

and public law. This architecture has led to a confusing and unwieldy security cooperation enterprise that undermines the ability 

of the Department—particularly its senior civilian and military 

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sulted in frequent changes for the security cooperation professionals attempting to implement security cooperation programs and 

activities. This has contributed to suboptimal outcomes and missed 

opportunities. Further, the conferees believe the complex patchwork of authorities and sources of funding hinders appropriate congressional and public transparency and complicates robust congressional oversight of a key mission for the Department. 

As such, the conferees believe that consolidating the various 

security cooperation authorities under a single security cooperation 

chapter in title 10 will provide greater clarity and consistency 

about the nature and scope of DOD’s security cooperation programs 

and activities to those who plan, manage, implement, and conduct 

oversight of these programs. The conferees note that the functional 

areas in which the Department is authorized to provide assistance 

under this provision are consistent with existing focus areas of the 

Department’s ‘train and equip’ programs. The conferees also note 

that authority to provide assistance to build the capacity of friendly 

foreign countries to conduct military intelligence operations already 

exists, because the Department’s existing authorities include support functions, and intelligence operations frequently act in that capacity. The inclusion of intelligence operations is intended solely to 

clarify that the Department may conduct such activities either as 

a supporting activity for other operations or as a stand-alone operation, and it is not meant to suggest that other activities that support or enable programs providing training and equipment to foreign forces (such as logistics or communications activities) are not 

permitted under existing authorities. 

Additionally, for the purposes of executing programs and activities in the new security cooperation chapter in title 10, funds 

available to DOD for security cooperation may be used prior to the 

submission of a consolidated security cooperation budget as required by section 1249 of this subtitle. 

Moreover, consolidation of a single ‘train and equip’ authority 

will ensure that the Department has flexibility to meet its evolving 

strategic objectives, without being forced to bend its strategy to 

meet the contours of available tailored authorities. The conferees 

do not intend for the consolidation to create a DOD mission that 

competes with security assistance overseen by the Department of 

State. Rather, a consolidated ‘train and equip’ authority should enable the Department to meet its own defense-specific objectives in 

support of broader defense strategy and plans, as well as to better 

integrate title 10 security cooperation activities into the broader 

United States Government approach to security sector assistance. 

To that end, the conferees note that the provision would increase 

coordination between the Department of Defense and the Department of State in the planning and implementation of security sector assistance programs by requiring the Secretary of Defense and 

the Secretary of State to jointly develop and plan ‘train and equip’ 

programs as well as to coordinate the implementation of such programs and ensure robust end-use monitoring of provided assistance. The conferees believe that the Department of Defense and 

the Department of State should have greater visibility into the 

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partments to enhance visibility and collaboration on such programs 

early in the planning process and through execution so as to avoid 

unnecessary duplication and enhance overall unity of effort. 

Additionally, the conferees are concerned that the existing 

process for coordination between the two Departments on security 

sector assistance programs is too ad-hoc in nature and often elevates responsibility for such coordination, particularly those activities requiring concurrence, to the senior-most echelons of the respective organizations—to include the Deputy Secretary or Secretary level—resulting in a cumbersome and time-intensive process. Therefore, the provision would require the Secretary of Defense and the Secretary of State to designate individuals at the 

lowest possible level in their respective organizations with responsibility for such coordination. 

The conferees note that the Department’s security cooperation 

activities over the last 15 years have emphasized building the capacity of partner forces at the tactical and operational level. However, the conferees are concerned that insufficient attention and resources have been provided for building institutional capacity at 

higher echelons, particularly the generating force (e.g. those with 

‘man, train, and equip’ responsibilities) and at the strategic level 

(e.g. ministerial and general staff levels). The conferees expect the 

Department to increase its emphasis on strengthening the defense 

institutions of friendly foreign nations as it builds security cooperation programs and activities and expects proposals submitted to 

Congress to include a robust defense institution building component. Moreover, the conferees expect the Department to take advantage of the simplified framework of security cooperation authorities adopted in this section to develop security cooperation programs that integrate activities to simultaneously engage partners 

and build capacity at each of these levels—tactical, operational, 

and strategic. 

Additionally, the conferees note the importance of sustaining 

capabilities provided to friendly foreign nations, particularly equipment, to the long-term success of DOD’s security cooperation programs and activities. As such, the conferees expect that there is a 

plan to transition sustainment support from DOD to other sources 

of funding, such as foreign countries’ national funds, will be part 

of each security cooperation program. 

In addition to the cumbersome, confusing, and complex patchwork of authorities and funding sources, the Department’s organizational structure for the security cooperation enterprise has undermined the ability of senior Department officials to adequately 

oversee, prioritize, and synchronize security cooperation programs 

and activities to support strategic priorities. Currently, there is no 

individual or office below the Deputy Secretary of Defense with responsibility to oversee strategic policy and resource allocation for 

the security cooperation enterprise. Instead, such responsibility 

spans multiple components and offices at the level of Under Secretary. Therefore, the provision would require the Secretary to assign responsibility for the oversight of strategic policy and guidance 

and responsibility for overall resource allocation for security cooperation programs and activities of the Department of Defense to 

a single official and office in the Office of the Secretary of Defense 


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at the level of Under Secretary or below. The conferees intend for 

this individual and office to better synchronize planning and programs across the regional and functional components of the Department and ensure that such activities and resources are appropriately aligned with strategic priorities. Further, the conferees expect that this arrangement will empower the Department to 

prioritize resources and consider trade-offs across the full range of 

security cooperation programs and funding sources. Additionally, 

the provision would assign responsibility for the execution and administration of all security cooperation programs and activities of 

the Department of Defense involving the provision of defense articles, military training, and other defense-related services by grant, 

loan, cash sale, or lease to the Director of the Defense Security Cooperation Agency. This assignment of responsibility is meant to 

help the Department overcome the distortions, lack of coordination, 

and duplication that occurs across the Department’s security cooperation enterprise, arising from narrowly-focused program offices 

found throughout the Office of the Secretary of Defense, the Joint 

Staff, Military Departments, Combatant Commands, and the defense agencies. 

The provision would preserve the five Department of Defense 

Regional Centers for Security Studies. The provision would also require the Secretary to review, on an annual basis, the program and 

structure of each Regional Center in order to ensure that they are 

appropriately aligned with the strategic priorities of the Department. The conferees intend for the Regional Centers to more closely 

align activities with the requirements of DOD, and to serve as an 

effective tool to advance clearly defined security cooperation objectives in direct support of defense strategy. 

The conferees note that, despite the marked increase in DOD 

security cooperation programs and activities over the last 15 years, 

the Department has not applied sufficient emphasis and resources 

to develop a comprehensive framework to assess, monitor, and 

evaluate its security cooperation programs and activities from inception to completion. Instead, the conferees believe that the Department has focused on assessments of partner nation capability 

gaps at the beginning of assistance programs rather than over the 

life cycle of the program, which has undermined the Department’s 

ability to measure outcomes against objectives. Sufficient attention 

must be given to the implementation of programs with continuous 

robust evaluation to gauge whether programs and activities are 

meeting or have met defined objectives. The conferees expect the 

Department to allocate sufficient resources to its assessment, monitoring, and evaluation program, and to apply lessons learned from 

the program to improve and reshape security cooperation programs 

and activities to maximize effectiveness and efficiency. 

Further, in this context, the conferees believe the Department’s 

security cooperation data systems should provide an enterprisewide view of security cooperation activities to facilitate best practices and enable strategic decision-making. In addition to basic 

data about security cooperation programs, the system should support the distribution of lessons-learned, including the activities’ 

goals and history of development, and inform future activities and 

resource allocation. The conferees note the current limitations of 


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the Global Theater Security Cooperation Management information 

Systems (G–TSCMIS) program and encourage the Department to 

review the use and functionality of G–TSCMIS at all user levels. 

The Department should further consider measures to promote more 

wide-spread and regular use of G–TSCMIS and ensure that processes and system functionality appropriately collects, stores, integrates, and distributes information Department-wide. 

Military-to-military exchanges (sec. 1242) 

The Senate bill contained a provision (sec. 1253) that would 

combine existing security cooperation authorities permitting the exchange of military and defense personnel with allies of the United 

States and other friendly foreign countries. 

The House amendment contained no similar provision. 

The House recedes with a clarifying amendment. 

The conferees encourage the Department to make more effective use of exchanges of military and defense personnel as important elements of broader security cooperation efforts, particularly 

with regard to building partner operational capacity or strengthening the management functions of partner defense institutions. 

Such exchanges offer opportunities for U.S. military and civilian 

personnel to mentor foreign counterparts, share relevant operational concepts, and assess how well previous assistance has been 

employed and sustained. Meanwhile, foreign exchange officers can 

obtain valuable on-the-job training working among their U.S. counterparts and improve their understanding of U.S. military organizations and operations, contributing to deeper interoperability. 

Such exchanges should be planned with these advantages in mind, 

in integration with other security cooperation activities and authorities. 

Consolidation and revision of authorities for payment of personnel 

expenses necessary for theater security cooperation (sec. 1243) 

The Senate bill contained a provision (sec. 1254) that would 

consolidate and modify similar authorities permitting the payment 

of personnel expenses of allied or partner countries during theater 

security cooperation activities. 

The House amendment contained no similar provision. 

The House recedes with a technical amendment. 

Transfer and revision of certain authorities on payment of expenses 

of training and exercises with friendly foreign forces (sec. 1244) 

The Senate bill contained a provision (sec. 1255) that would 

combine and modify similar authorities for paying for the expenses 

of partner nations when conducting training with U.S. Armed 

Forces and for the expenses of developing countries when participating in exercises. 

The House amendment contained a similar provision (sec. 

1202) that would extend the authority in section 1203 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 

113–66) for training of general purpose forces of the United States 

Armed Forces with military and other security forces of friendly 

foreign countries to December 31, 2019. 


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The House recedes with an amendment that would combine 

and modify similar authorities for paying for the expenses of partner nations when conducting training with U.S. Armed Forces and 

for the expenses of developing countries when participating in exercises. The provision would also transfer section 2011 of title 10, 

United States Code to the new chapter 16 on security cooperation 

created elsewhere in this Act. 

The conferees note that the transfer of section 2011 of title 10, 

United States Code to the new chapter 16 is part of a broader effort to consolidate and simplify authorities related to security cooperation. The conferees do not intend for this transfer to negatively impact administration of Special Operations Forces Joint 

Combined Exchange and Training Program by the Commander, 

United States Special Operations Command, which remains a 

standalone authority within the new chapter. 

Transfer and revision of authority to provide operational support to 

forces of friendly foreign countries (sec. 1245) 

The Senate bill contained a provision (sec. 1256) that would 

consolidate and modify section 127d of title 10, United States Code, 

section 1207 of the National Defense Authorization Act for Fiscal 

Year 2016 (Public Law 114–92), and section 1234 of the National 

Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 

181), as amended, relating to the provision of operational support 

to partners and allies in combined operations with U.S. Armed 

Forces, in military operations that support U.S. national security 

interests, or in support of U.S. operations in Iraq and Afghanistan. 

The House amendment contained no similar provision. 

The House recedes with technical amendment. 

Department of Defense State Partnership Program (sec. 1246) 

The Senate bill contained a provision (sec. 1257) that would 

codify the Department of Defense State Partnership Program (section 1205 of the National Defense Authorization Act for Fiscal Year 

2014 (Public Law 113–66), as amended by section 1203 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 

114–92)). 

The House amendment contained no similar provision. 

The House recedes with a clarifying amendment. 

Transfer of authority on regional defense combating terrorism fellowship program (sec. 1247) 

The Senate bill contained a provision (sec. 1258) that would 

transfer to the new chapter 16 on security cooperation in title 10, 

United States Code, the regional combating terrorism fellowship 

program (section 2249c of title 10, United States Code) and modify 

the program to authorize the Secretary of Defense to carry out a 

program under which the Secretary may pay costs associated with 

the education and training of national-level security officials of 

friendly foreign nations. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would transfer 

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lowship program to the new chapter 16 on security cooperation and 

would make a technical modification to the reporting requirement. 

Consolidation of authorities for service academy international engagement (sec. 1248) 

The Senate bill contained a provision (sec. 1259) that would 

amend Chapter 16 of title 10, United States Code, to consolidate 

international engagement authorities for the service academies of 

the Army, Navy, and Air Force. 

The House amendment contained no similar provision. 

The House recedes. 

The conferees note that under current law, there are nine separate authorities that determine the selection of, funding for, and 

conditions for international students attending the service academies of the Army, Navy, or Air Force. The conferees believe consolidating these authorities would provide consistency by creating 

a single, common authority for use by the service academies to select international students and conduct exchange programs with 

foreign military academies. 

Consolidated annual budget for security cooperation programs and 

activities of the Department of Defense (sec. 1249) 

The Senate bill contained a provision (sec. 1262) that would require the budget of the President for each fiscal year after fiscal 

year 2018, as submitted to Congress by the President pursuant to 

section 1105 of title 31, United States Code, to include as a separate item the amounts requested for the Department of Defense 

(including those funds in the budgets of the military departments) 

for such fiscal year for all security cooperation programs and activities of the Department, including the specific amounts, if any, and 

the specific country or region, to the maximum extent practicable, 

for such programs and activities. 

The House amendment contained no similar provision. 

The House recedes with a technical amendment. 

Consistent with the creation of the new chapter 16 on security 

cooperation and the consolidation of the Department of Defense’s 

security cooperation funding and related authorities, this provision 

is intended to enhance the ability of the congressional defense committees to conduct oversight of the Department’s security cooperation programs and activities, including those undertaken by the 

military services; to understand better how the Department plans, 

programs, and prioritizes its security cooperation programs and activities to fill gaps in its contingency plans; to enable foreign partners against a common threat or enemy; and to align resources 

with the Department’s strategic objectives. This approach is also 

intended to better enable public transparency. 

Department of Defense security cooperation workforce development 

(sec. 1250) 

The Senate bill contained a provision (sec. 1263) that would direct the Secretary of Defense to create a Department of Defense security cooperation workforce development program to oversee the 

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fense as well as the execution of security assistance programs and 

activities under the Foreign Assistance Act and the Arms Control 

Act by the Department of Defense. 

The House amendment contained no similar provision. 

The House recedes with a clarifying amendment. 

Despite the increasing emphasis on security cooperation to further its strategic objectives, the conferees are concerned that the 

Department of Defense—whether in implementing State Department programs or its own programs—has not devoted sufficient attention and resources to the development, management, and 

sustainment of the Department’s security cooperation workforce to 

ensure effective assessment, planning, monitoring, execution, evaluation, and administration of security cooperation programs and 

initiatives. As a result of this inattention, security cooperation initiatives are not always planned and implemented in such a way as 

to most effectively advance national security objectives, and the 

Military Departments are left to pursue their unique service objectives, which may not always align with broader foreign policy objectives or integrate with Department of Defense efforts. The conferees are also concerned about the lack of standardization in the 

organization of the security cooperation workforce within the Military Departments. 

Finally, the conferees believe that security cooperation outcomes would improve if the security cooperation planning workforce, including within Embassy country teams and at Geographic 

Combatant Commands, was able to draw upon not just the foreign 

area officer specialty, but also upon other relevant specialties such 

as force planning, logistics, and acquisition. 

The conferees believe that building security capabilities of a 

partner nation and deepening interoperability through security cooperation requires a specialized set of skills, and the current system neither develops those skills among its workforce nor rationally assigns its workforce to match appropriate skills with requirements. The conferees believe increased attention and resourcing 

must be focused on the recruitment, training, certification, assignment, and career development of the security cooperation workforce. The conferees expect the Department to implement this authority expansively in order to address shortfalls in the security cooperation workforce throughout the enterprise. 

Specifically, implementation of this authority should (1) ensure 

the development and rational allocation of qualified and experienced personnel in order to support high-priority security cooperation initiatives and partners; (2) ensure the appropriate sizing, organization, and chain-of-command for the security cooperation 

workforce within the Military Departments; (3) ensure the appropriate skills and capabilities are developed within the workforce 

and that there are standard and viable career paths; and (4) ensure 

sufficient size of the Title 10 workforce to enhance program management and administration, as well as to strike a more appropriate balance with the Title 22 workforce. The conferees expect 

that the Department will allocate necessary resources, from available Title 10 security cooperation program resources and other appropriate sources, sufficient to achieve these objectives, and reflect 

these costs in its annual security cooperation budget submission. 


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The conferees note that effectiveness and efficiency of security 

cooperation implementation will depend on a workforce that is integrated across the enterprise and responsive to clear strategic direction in support of Department priorities. 

Reporting requirements (sec. 1251) 

The Senate bill contained a provision (sec. 1261) to consolidate 

and standardize the Department’s reporting on security cooperation 

authorities and programs in an annual report. 

The House amendment contained a similar provision (sec. 

1205). 

The Senate recedes with a technical amendment. 

The conferees note that this Act retains nearly all of the notification requirements with respect to the Department’s security cooperation activities. Coupled with the requirement for an annual 

budget submission that appears elsewhere in this Act, this approach relieves the Department of an overly burdensome reporting 

regime while maintaining the transparency and accountability required for appropriate oversight and real-time monitoring of the 

Department’s new programs. The conferees expect that the level of 

detail contained in the annual report should be equal to or greater 

than the existing individual reports. Any degradation in the quality 

of the reporting on the Department’s security cooperation program 

and activities would be inconsistent with the intent of the conferees 

in undertaking this broader reform initiative. 

Quadrennial Review of Security Sector Assistance Program and Authorities of the United States Government (sec. 1252) 

The conference agreement includes a provision that would require the President to conduct a quadrennial review of all U.S. 

Government security sector assistance programs, policies, authorities, and resources. 

Other conforming amendments and authority for administration 

(sec. 1253) 

The Senate bill contained a provision (sec. 1265) that would repeal superseded, obsolete, or duplicate statutes relating to security 

cooperation as part of its efforts to streamline and rationalize the 

authorities of the Department to conduct security cooperation. 

The House amendment contained no similar provision. 

The House recedes with a technical amendment. 

Subtitle F—Human Rights Sanctions 

Global Magnitsky Human Rights Accountability Act (secs. 1261– 

1265) 

The Senate bill contained provisions (secs. 1281–1284) that 

would authorize the President to impose sanctions with respect to 

any foreign person that the President determines is responsible for 

gross human rights violations or acts of significant corruption. 

The House amendment contained no similar provision. 

The House recedes with amendments which would sunset the 

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ral mechanism, and revise the waiver threshold for the termination 

of sanctions, as well as several technical amendments. 

Subtitle G—Miscellaneous Reports 

Modification of annual report on military and security developments involving the People’s Republic of China (sec. 1271) 

The House amendment contained a provision (sec. 1242) that 

would require a summary of the order of battle of the People’s Liberation Army, including anti-ship ballistic missiles, theater ballistic 

missiles, and land attack cruise missile inventory and a description 

of the People’s Republic of China’s military and nonmilitary activities in the South China Sea to be added to the Annual Report on 

Military and Security Developments Involving the People’s Republic of China. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Monitoring and evaluation of overseas humanitarian, disaster, and 

civic aid programs of the Department of Defense (sec. 1272) 

The House amendment contained a provision (sec. 1245) that 

would authorize the Secretary of Defense to use up to 5 percent of 

the amounts authorized to be appropriated by this Act for Overseas 

Humanitarian, Disaster, and Civic Aid (OHDACA) for fiscal year 

2017, to conduct monitoring and evaluation of the OHDACA programs of the Department of Defense. This section would also require the Secretary of Defense to provide a briefing to the specified 

committees not later than 90 days after the date of the enactment 

of this Act on mechanisms to evaluate OHDACA programs. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would extend the 

authorization to fiscal year 2018. 

Strategy for United States defense interests in Africa (sec. 1273) 

The House amendment contained a provision (sec. 1249) that 

would require the Secretary of Defense to submit a report not later 

than 1 year after the date of the enactment of this Act to the congressional defense committees that contains a strategy for United 

States defense interests in Africa. 

The Senate bill contained no similar provision. 

The Senate recedes with a technical amendment. 

Report on the potential for cooperation between the United States 

and Israel on directed energy capabilities (sec. 1274) 

The House amendment contained a provision (sec. 1250) that 

would allow the Secretary of Defense to carry out research, development, test and evaluation activities, on a joint basis with Israel 

to establish directed energy capabilities to detect and defeat ballistic missiles, cruise missiles, unmanned aerial vehicles, mortars, 

and improvised explosive devices that threaten the United States, 

deployed forced of the United States, or Israel. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would replace the 

House provision with the requirement for a report on the potential 


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for United States and Israeli directed energy cooperation to defeat 

ballistic missiles, cruise missiles, unmanned aerial vehicles, mortars, and improvised explosive devices. The report is due to the 

congressional defense and foreign relations committees not later 

than 180 days after enactment of this act. 

Annual update of Department of Defense Freedom of Navigation Report (sec. 1275) 

The Senate bill contained a provision (sec. 1241) that directs 

the Secretary of Defense to submit an annual report to the Committees on Armed Services of the Senate and the House of Representatives setting forth an update on the most current Freedom 

of Navigation Report under the Freedom of Navigation Operations 

(FONOPS) program. 

The House amendment contained a similar provision (sec. 

1255) that directs the Secretary of Defense to submit a quarterly 

report to the congressional defense committees on any excessive 

territorial claims of foreign countries that were challenged by freedom of navigation operations and flights carried out by the armed 

forces during such fiscal quarter. 

The House recedes with an amendment that would terminate 

the report on September 30, 2021. 

Reports on INF Treaty and Open Skies Treaty (sec. 1276) 

The House amendment contained a provision (sec. 1259H) that 

would require the Chairman of the Joint Chiefs of Staff to submit 

to the appropriate congressional committees a report on the Open 

Skies Treaty that assesses possible non-compliance of the treaty by 

the Russian Federation, and whether the treaty remains in the national security interest of the United States. It would also require 

a report on the INF Treaty of whether and why the Treaty remains 

in the national security interests of the United States and a specific plan to remedy the Russian violation of the INF Treaty. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would add the 

House Permanent Select Committee on Intelligence and the Senate 

Select Committee on Intelligence to the list of congressional committees to receive the reports. 

Assessment of proliferation of certain remotely piloted aircraft systems (sec. 1277) 

The Senate bill contained a provision (sec. 1275) that would require an independent assessment directed by the Chairman of the 

Joint Chiefs of Staff to report on the impact to United States national security interests of the proliferation of certain remotely piloted aircraft. The assessment would include an analysis of the 

threat posed to the United States as a result of the proliferation 

of such aircraft to adversaries, the impact of such proliferation on 

the combat capabilities of and interoperability with partners and 

allies of the United States, and the potential benefits and risks of 

continuing to limit exports of such aircraft. 

The House amendment contained no similar provision. 

The House recedes. 


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The conferees note that the proliferation of remotely piloted 

aircraft has significantly altered the context of the international security environment since the origination of the Missile Technology 

Control Regime that proscribes a ‘‘strong presumption of denial’’ for 

the export of such aircraft. 

Subtitle H—Other Matters 

Enhancement of interagency support during contingency operations 

and transition periods (sec. 1281) 

The Senate bill contained a provision (sec. 1050) that would 

authorize the Secretary of Defense and the Secretary of State to 

enter into an agreement allowing each Secretary to provide support, supplies, and services on a reimbursement basis, or by exchange of support, supplies, and services, to the other Secretary 

during a contingency operation and related transition period. 

The House amendment contained a similar provision (sec. 

1246). 

The Senate recedes with a technical amendment. 

Two-year extension and modification of authorization of non-conventional assisted recovery capabilities (sec. 1282) 

The Senate bill contained a provision (sec. 1274) that would extend the authority of the Department of Defense to establish, develop, and maintain non-conventional assisted recovery (NAR) capabilities for three additional years and modify the eligibility of 

personnel for whom such support may be provided. 

The House amendment contained a similar provision that 

would modify section 943 of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417), as 

most recently amended by section 1271 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92), to permit 

the recovery of individuals identified by the Secretary of Defense 

when a non-conventional assisted recovery capability is already in 

place and would extend the authority through 2020. 

The Senate recedes with a technical amendment. 

The conferees direct the Department to ensure that the planning, initiation, sustainment, and utilization of NAR capabilities 

are fully coordinated and de-conflicted with other U.S. departments 

and agencies who may also play a role in the recovery of designated individuals overseas. (The conferees also note that non-conventional assisted recovery is a traditional military activity and the 

authority modified and extended by this provision does not authorize the conduct of intelligence activities.) 

Authority to destroy certain specified World War II-era United 

States-origin chemical munitions located on San Jose Island, 

Republic of Panama (sec. 1283) 

The House amendment contained a provision (sec. 1248) that 

would authorize the Secretary of Defense to destroy eight chemical 

munitions on San Jose Island, Panama. The use of these funds 

shall not take effect until there is an agreement between the 

United States and Panama that such munitions are termed ‘‘old 

chemical weapons’’ and not ‘‘abandoned chemical weapons’’ and 


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that per the prior lease agreement, the United States is under no 

legal obligation to destroy any additional chemical munitions, munitions constituents, and associated debris that may be located on 

San Jose Island as a result of research, development, and testing 

activities conducted on San Jose Island during the period of 1943 

through 1947. This provision is not applicable to agreements with 

or obligations to countries other than Panama. 

The Senate bill contained a similar provision (sec. 1421). 

The Senate recedes. 

Sense of Congress on military exchanges between the United States 

and Taiwan (sec. 1284) 

The Senate bill contained a provision (sec. 1243) that directed 

the Secretary of Defense to carry out a program of exchanges of 

senior military officers and senior officials between the United 

States and Taiwan, both in the United States and Taiwan, designed to improve military to military relations between the United 

States and Taiwan. 

The House amendment contained a similar provision (sec. 

1254) that expressed a sense of the congress that that the Secretary of Defense should conduct a program of senior military exchanges between the United States and Taiwan, both in the United 

States and Taiwan, that have the objective of improving militaryto-military relations and defense cooperation between the United 

States and Taiwan. 

The House recedes with an amendment that the Secretary of 

Defense should carry out such a program of exchanges, both in the 

United States and Taiwan. 

Limitation on availability of funds to implement the Arms Trade 

Treaty (sec. 1285) 

The House amendment contained a provision (sec. 1259A) that 

would prohibit the use of funds to implement the Arms Trade Treaty unless the Treaty has received the advice and consent of the 

Senate and has been the subject of implementing legislation. The 

National Defense Authorization Act for Fiscal Year 2016 (Public 

Law 114–92; 10 U.S.C. 801 note) contained a similar provision. 

The Senate bill contained no similar provision. 

The Senate recedes with a technical amendment. 

Prohibition on use of funds to invite, assist, or otherwise assure the 

participation of Cuba in certain joint or multilateral exercises 

(sec. 1286) 

The Senate bill contained a provision (sec. 1204) that would 

prohibit the Secretary of Defense from using any funds to invite, 

assist, or otherwise assure the participation of the Government of 

Cuba in any joint or multilateral exercise or related security conference between the United States and Cuba until the Secretary, 

in coordination with the Director of National Intelligence, submits 

to Congress certain assurances. The provision would provide an exception to the prohibition for any joint or multilateral exercise or 

operation related to humanitarian assistance or disaster response. 

The House amendment contained a similar provision (sec. 

1259B) that would prohibit the use of funds authorized to be approVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 01250 Fmt 6601 Sfmt 6601 E:\HR\OC\HR840.XXX HR840

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priated or otherwise made available to the Department of Defense 

for any bilateral military-to-military contact or cooperation between 

the Governments of the United States and Cuba until the Secretary of Defense and the Secretary of State, in consultation with 

the Director of National Intelligence, certify to the appropriate congressional committees that the Government of Cuba has taken 

specified actions. 

The Senate recedes with an amendment that would prohibit 

the Secretary of Defense from using any funds authorized to be appropriated or otherwise made available for fiscal year 2017 for the 

Department of Defense unless the Secretary of Defense and the 

Secretary of State, in consultation with the Director of National Intelligence, certify to the appropriate congressional committees that 

the Government of Cuba has taken specified actions, with certain 

exceptions. 

It is the intent of the conferees that the exception contained in 

subsection (b)(1) of this section includes periodic contact between 

appropriate officials of the Governments of the United States and 

Cuba concerning the security and management of personnel and facilities at Naval Station Guantanamo Bay, commonly referred to as 

‘‘fence-line talks,’’ which have been a routine and ongoing activity 

for many years and have proven important to ensuring the safety 

of U.S. personnel serving at Naval Station Guantanamo Bay. 

Global Engagement Center (sec. 1287) 

The House amendment contained a provision (sec. 1259C) that 

would direct the Secretary of State in coordination with the Secretary of Defense (and relevant federal departments and agencies 

and partner nations) to establish a Global Engagement Center 

(GEC) within 6 months of enactment. The GEC’s general purpose 

would be to discover, expose and counter foreign government information warfare efforts (to include foreign propaganda and 

disinformation efforts) and proactively advance fact-based narratives that support US allies and interests. The GEC would terminate 5 years after enactment. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that included changes 

to the purpose and functions of the GEC, further specified the appointment, delegation and scope and responsibility and authority of 

the head of the GEC, modified the authority to transfer funds for 

the GEC, added a reporting requirement to the appropriate congressional committees, and extended the termination of the GEC to 

8 years after enactment. 

Modification of United States International Broadcasting Act of 

1994 (sec. 1288) 

The House amendment contained a provision (sec. 1259D) that 

would amend Section 304 of P.L. 103–236 (22 USC 6203) to permanently establish the Chief Executive Officer (CEO) position as head 

of the Broadcasting Board of Governors (BBG), the federal agency 

that oversees all U.S.-funded non-military international broadcasting, while removing the nine-member bipartisan Board that 

currently heads the agency. It would also provide certain new flexibilities in the BBG CEO’s authorities, including expanded authorVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 01251 Fmt 6601 Sfmt 6601 E:\HR\OC\HR840.XXX HR840

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ity to allow the BBG CEO to direct appropriated funds and to hire 

certain personnel. The House amendment also contained a provision (sec. 1259E) that would authorize the BBG CEO to consolidate 

the current U.S. international broadcasters that receive federal 

grants as independent non-profit corporations (Radio Free Europe/ 

Radio Liberty, Radio Free Asia, and the Middle East Broadcasting 

Networks) into one grantee broadcaster, with certain related expanded supervisory roles and authorities vested in the BBG CEO. 

This provision would also authorize the BBG CEO to establish a 

similar non-federal broadcasting corporation, receiving a federal operating grant, to assume the broadcasting responsibilities of the 

Voice of America (VOA, the federal government broadcaster operating within the BBG), and abolish VOA as a federal entity. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would eliminate 

the timing requirement for nomination of the BBG CEO, add a notification requirement for redirection of funds, establish the international broadcasting advisory board, add a mission definition for 

the consolidated broadcast entities, and deleted specific discussion 

of Voice of America. 

Redesignation of South China Sea Initiative (sec. 1289) 

The Senate bill contained a provision (sec. 1246) that would redesignate the South China Sea Initiative (Public Law 114–92; 129 

Stat. 1073; U.S.C. 2282 note) as the Southeast Asia Maritime Security Initiative. 

The House amendment contained a similar provision (sec. 

1259F). 

The Senate recedes. 

The conferees believe that the United States should continue 

supporting the efforts of countries participating in the Southeast 

Asia Maritime Security Initiative to strengthen their maritime security capacity, domain awareness, and integration of their capabilities. 

Measures against persons involved in activities that violate arms 

control treaties or agreements with the United States (sec. 1290) 

The House amendment contained a provision (sec. 1259L) that 

would require the President to impose certain measures on a person the President determines has engaged in any activity that contributed to the President’s or Secretary of State’s determination 

that such a country is not in full compliance with its obligations 

undertaken in all arms control, on proliferation, and disarmament 

agreements to which the United States is participating state. Certain measures, exceptions, remedies, and waivers are included in 

the provision, including an exception for sanctions that would impact contracts related to major routes of supply; a waiver on a caseby-case if the person or entity engaging in, or supporting, an activity that contributed to a country not being in full compliance did 

not knowingly engage in such activity, and such waiver is in the 

interest of the national security of the United States; and termination of sanctions when the country concerned is no longer in violation. 

The Senate bill contained no similar provision. 


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The Senate recedes with an amendment that would direct the 

Secretary of the Treasury to produce a list of persons (including an 

entity or entities) involved in sanctionable activity under this section not later than 30 days after the annual report on Adherence 

to and Compliance with Arms Control, Nonproliferation, and Disarmament Agreements and Commitments (required by 22 U.S.C. 

2593a) has been submitted. Such person(s) would be subject to immediate sanction. 

Additionally, the Senate amendment narrows the scope of the 

new sanction only to those countries who are not determined to be 

closely cooperating with the United States by the Director of National Intelligence. 

The Senate amendment also required the waiver tied to a 

knowing violation include a requirement that such conduct has 

been terminated or that verifiable assurances that the person will 

terminate such activity have been provided. 

The Senate amendment further provides waiver authority if 

the President determines on a case-by-case basis that the imposition of a sanction under this section would jeopardize an intelligence source or method. The conferees expect this waiver to be 

used only when there is a clear and specific risk that sources and 

methods would be compromised or exposed. Detailed information 

on such risk will be reported to the specified congressional committees. 

The Senate amendment also provides measures to delay the 

immediate imposition of sanctions if the President determines the 

government of the country concerned has taken specific and effective actions, including penalties as appropriate, to terminate the involvement of a domiciled person in the activity that triggered sanctions. This delay includes up to 120 days if the President initiates 

consultations with the government of the country concerned and an 

additional 120 days if such government is in the process of taking 

specific and effective actions to terminate the involvement of a 

domiciled entity in the activity that triggered sanctions. 

The Senate amendment contains additional measures for termination if the person has ceased the activity contributing to a 

country’s violation. 

Agreements with foreign governments to develop land-based water 

resources in support of and in preparation for contingency operations (sec. 1291) 

The House amendment contained a provision (sec. 1259Q) that 

would authorize the Secretary of Defense, with the concurrence of 

the Secretary of State, to enter into agreements with foreign nations to develop land-based water resources in support of contingency operations. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would require the 

Secretary of Defense to notify the appropriate congressional committees 30 days after entering into an agreement. 

Enhancing defense and security cooperation with India (sec. 1292) 

The Senate bill contained a provision (sec. 1247) that would 

enhance military cooperation between the United States and India 


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by recommending the Secretary of Defense take certain steps regarding exchanges between senior military officers and senior civilian defense officials of the Government of India and the United 

States Government. 

The House amendment contained a similar provision (sec. 

1262) that would require certain actions by the Secretary of Defense and the Secretary of State to enhance defense and security 

cooperation between India and the United States. 

The Senate recedes with an amendment. 

Coordination of efforts to develop free trade agreements with subSaharan African countries (sec. 1293) 

The Senate bill contained a provision (sec. 1271) that would 

amend section 116 of the African Growth and Opportunity Act (19 

U.S.C. 3723). 

The House amendment contained no similar provision. 

The House recedes with a technical amendment. 

Extension and expansion of authority to support border security operations of certain foreign countries (sec. 1294) 

The Senate bill contained a provision (sec. 1272) that would expand the authority under section 1226 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 

1056; 22 U.S.C. 2551 note) to provide assistance to the Governments of Jordan and Lebanon to support efforts to enhance security 

along borders with Syria and/or Iraq to also provide assistance to 

the Governments of Tunisia and Egypt to support efforts to enhance security along borders with Libya. 

The House amendment contained no similar provision. 

The House recedes with a technical amendment. 

Should funds from the Counter Islamic State of Iraq and the 

Levant Fund be utilized to conduct activities pursuant to this authority, the conferees direct the Secretary of Defense to submit to 

the congressional defense committees a notification not later than 

15 days before providing such support. 

Modification and clarification of United States-Israel anti-tunnel 

cooperation authority (sec. 1295) 

The Senate bill contained a provision (sec. 1273) that would increase the annual limitation of the authority under section 1279 of 

the National Defense Authorization Act for Fiscal Year 2016 (P.L. 

114–92) for the Secretary of Defense, in consultation with the Secretary of State, to carry out research, development, test, and evaluation, on a joint basis with Israel to establish anti-tunnel defense 

capabilities to detect, map, and neutralize underground tunnels. 

The House amendment contained no similar provision. 

The House recedes. 


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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 

(sec. 1296) 

The Senate bill contained a provision (sec. 886) that would 

amend section 1211 of the National Defense Authorization Act for 

Fiscal Year 2006 (Public Law 109–163) to maintain the prohibition 

on procuring military items from China. 

The House amendment contained no similar provision. 

The House recedes. 

International sales process improvements (sec. 1297) 

The Senate bill contained a provision (sec. 881) that would require the Secretary of Defense to develop a plan to improve the 

management and use of fees collected on the transfer of defense articles and services under programs in which the Defense Security 

Cooperation Agency has administrative responsibilities. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would clarify requirements to be addressed in the plan and require that the plan 

be submitted to the congressional defense committees no later than 

180 days after the date of enactment of this Act. 

Efforts to end modern slavery (sec. 1298) 

The Senate bill contained a provision (sec. 1276) that would require the Secretary of Defense to implement policies and procedures to ensure Armed Forces personnel engaged in partnership activities with foreign nations receive education and training on 

human slavery, and to ensure the United States Armed Forces 

maximize efforts to appropriately assist in combatting trafficking 

in persons. The provision would authorize grants to support transformational programs and projects that seek to achieve a measurable and substantial reduction of the prevalence of modern slavery 

in target populations within partner countries. 

The House amendment contained no similar provision. 

The House recedes with a technical amendment. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Modification and extension of authority to conduct activities to enhance the capability of foreign countries to respond to incidents 

involving weapons of mass destruction 

The House amendment contained a provision (sec. 1203) that 

would modify section 1204 of the National Defense Authorization 

Act for Fiscal Year 2014 (Public Law 113–66) to include a 48–hour 

congressional notification when assistance expected to exceed $4.0 

million is provided to certain foreign countries, to cap the funds 

available at $20.0 million, and extend the authority 1 year, through 

September 30, 2020. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees note that elsewhere in this Act is a provision 

that would consolidate multiple authorities to build the capacity of 


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friendly foreign nations to conduct specified operations, to include 

counter-weapons of mass destruction operations. The conferees intend for activities conducted to date under section 1204 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 

113–66) to be conducted under the new building partnership capacity in the new chapter 16 on security cooperation without disruption. Further, the conferees intend that such activities to build the 

capacity of friendly foreign nations to conduct counter-weapons of 

mass destruction operations will continue to be administered by the 

Director of the Defense Threat Reduction Agency. 

Report on the prohibition on use of funds for assistance to units of 

foreign security forces that have committed a gross violation of 

human rights 

The House amendment included a provision (sec. 1208) that 

would require the Secretary of Defense to submit to the congressional defense committees a report on the implementation of section 294 of title 10, United States Code (relating to prohibition on 

use of funds for assistance to units of foreign security forces that 

have committed a gross violation of human rights). 

The Senate bill included no similar provision. 

The House recedes. 

The conferees direct the Secretary of Defense, no later than 

180 days after the enactment of this Act, to submit to the congressional defense committees a report on the implementation of section 294 of title 10, United States Code (relating to prohibition on 

use of funds for assistance to units of foreign security forces that 

have committed a gross violation of human rights). The report shall 

include (1) A detailed description of the policies and procedures 

governing the manner in which Department of Defense personnel 

identify and report information on gross violations of human rights 

and how such information is shared with personnel responsible for 

implementing the prohibition in subsection (a)(1) of section 294 of 

title 10, United States Code; (2) The funding expended in fiscal 

years 2015 and 2016 for purposes of implementing section 294 of 

title 10, United States Code, including any relevant training of personnel, and a description of the titles, roles, and responsibilities of 

the personnel responsible for reviewing credible information relating to human rights violations and the personnel responsible for 

making decisions regarding the implementation of the prohibition 

in subsection (a)(1) of such section 294; (3) An addendum that includes any findings or recommendations included in any report 

issued by a Federal Inspector General related to the implementation of section 294 of title 10, United States Code, and, as appropriate, the Department of Defense’s response to such findings or 

recommendations; (4) implementation of section 1206 of the Carl 

Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015; and (5) Any other matters the Secretary determines is appropriate. 

Sense of Congress on United States policy and strategy in Afghanistan 

The House amendment contained a provision (sec. 1215) that 

would express the sense of Congress that the President should auVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 01256 Fmt 6601 Sfmt 6601 E:\HR\OC\HR840.XXX HR840

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thorize a certain number of United States troops for missions in Afghanistan and provide the appropriate authorities, capabilities, and 

resources to ensure both mission success and adequate force protection for United State forces. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees note that the United States continues to have 

vital national security interests in ensuring that Afghanistan is a 

stable, sovereign country and that stability and security in Afghanistan reinforces stability and security in the region. The conferees 

urge the President to ensure that the commander in Afghanistan 

has the required resources, authorities, and capabilities to protect 

U.S. and Coalition troops and to enable their counterterrorism and 

train, advise and assist missions. Further, the conferees believe 

that the United States should continue to provide the required support to the Afghan National Defense and Security Forces to secure 

Afghanistan. 

Sense of Congress relating to Dr. Shakil Afridi 

The House amendment contained a provision (sec. 1218) that 

would establish findings and a sense of Congress regarding the 

continued detention of Dr. Shakil Afridi by the Pakistani government. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees note the contributions of Dr. Afridi to efforts to 

locate Osama bin Laden, remain concerned about Dr. Afridi’s continuing incarceration, and urge the Government of Pakistan to release him immediately. 

Report on access to financial records of the Government of Afghanistan to audit the use of funds for assistance for Afghanistan 

The House amendment contained a provision (sec. 1219) that 

would require the Secretary of Defense to submit a report to Congress on the extent to which the Combined Security Transition 

Command-Afghanistan has adequate access to financial records of 

the Government of Afghanistan to audit the use of funds authorized to be appropriated by this Act or otherwise made available for 

fiscal year 2017 for assistance for Afghanistan. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees direct the Secretary of Defense to provide a 

briefing to the congressional defense committees not later than 90 

days after the enactment of this Act on the extent to which the Department of Defense has adequate access, for accountability purposes, to financial records of the Government of Afghanistan associated with the use of funds authorized to be appropriated by this 

act or otherwise made available for fiscal year 2017 for security assistance for Afghanistan. 

Report on prevention of future terrorist organizations in Iraq and 

Syria 

The House amendment contained a provision (sec. 1224) that 

would require the Secretary of Defense to submit a report that deVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 01257 Fmt 6601 Sfmt 6601 E:\HR\OC\HR840.XXX HR840

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scribes the political, economic, and security conditions in Iraq and 

Syria that would be necessary and sufficient to prevent the formation of future terrorist organizations in Iraq and Syria that may 

present a danger to the United States, its allies, and the stability 

of Iraq, Syria, and the rest of the Middle East region. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees direct the Secretary of Defense and Secretary of 

State to jointly provide a report to the congressional defense committees, the Senate Foreign Relations Committee, and the House 

Foreign Affairs Committee not later than one year after the date 

of the enactment of this Act on the political and military strategies 

to defeat the Islamic State in Iraq and the Levant (ISIL), and on 

the political, economic, and security conditions in Iraq and Syria 

that would be necessary and sufficient to prevent the formation of 

future terrorist organizations in Iraq and Syria. At a minimum, the 

briefing should include a description of: (1) the military conditions 

that must be met for ISIL to be considered defeated; (2) the plan 

for achieving a political transition in Syria; (3) a plan for Iraqi political reform and reconciliation among ethnic groups and political 

parties; (4) an assessment of the required future size and structure 

of the Iraqi Security Forces, including irregular forces; and (5) a description of the roles and responsibilities of U.S. allies and partners 

and other countries in the region in establishing regional stability. 

The conferees also direct the Comptroller General of the 

United States to submit to the congressional defense committees, 

the Senate Foreign Relations Committee, and the House Foreign 

Affairs Committee, not later than one year after the date of the enactment of this Act, a report on the United States’ and the Government of Iraq’s capacities to apply transparency and anti-fraud 

mechanisms, accounting and internal controls standards, and other 

financial management and accountability measures to transfers of 

cash and other forms of assistance provided to the Iraqi Security 

Forces, including irregular forces, and other recipients through the 

Iraq Train and Equip Fund. 

Semiannual report on integration of political and military strategies 

against ISIL 

The House amendment contained a provision (sec. 1225) that 

would require the Secretary of Defense and Secretary of State to 

jointly submit a semi-annual report on the political and military 

strategies to defeat the Islamic State in Iraq and the Levant. The 

provision would also require the Comptroller General of the United 

States to review certain financial management and accountability 

measures relating to assistance provided through the Iraq Train 

and Equip Fund. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees note that matters raised by the House provision 

are addressed elsewhere in this report. 


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Sense of Congress condemning continuing attacks on medical facilities in Syria 

The House amendment contained a provision (sec. 1226) that 

would express the sense of Congress that the United States Government should condemn and call for an immediate end to attacks 

on medical facilities and medical providers in Syria and encourage 

the United States Government to support efforts to meet urgent 

humanitarian needs where appropriate. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees note with deep concern continued attacks on civilians, medical personnel, and medical facilities in Syria. These attacks constitute violations of international humanitarian law. The 

conferees urge the Department of Defense to ensure these violations are documented and further encourage the Department of Defense to support, where appropriate, international efforts to meet 

humanitarian and medical needs in Syria. 

Sense of Congress on business practices of the Islamic State of Iraq 

and Syria 

The House amendment contained a provision (sec. 1228) that 

would express the sense of Congress that the United States should 

focus all necessary efforts in the Middle East to disrupt the financing of the Islamic State of Iraq and the Levant (ISIL) through oil 

production and sale. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees remain prepared to provide U.S. military forces 

engaged in Operation Inherent Resolve and other counterterrorism 

operations across the globe with the resources and authorities necessary to defeat the Islamic State in Iraq and the Levant, al Qaeda, 

and forces associated with these groups, including the resources 

and authorities necessary to disrupt the financing of those groups 

through oil production and sale. 

Statement of policy on United States efforts in Europe to reassure 

United States partners and allies and deter aggression by the 

Government of the Russian Federation 

The House amendment contained a provision (sec. 1234) that 

would express a statement that it is the policy of the United States 

to reassure U.S. partners and allies in Europe and to deter aggression by the Government of the Russian Federation in order to enhance regional and global security and stability. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees remain concerned about the evolving security 

situation throughout the European continent. A revanchist Russian 

Federation, rising incidents of terrorism, and unprecedented refugee and migrant flows are among the issues that continue to 

present significant security challenges to the region. The conferees 

recognize the North Atlantic Treaty Organization (NATO) as the 

cornerstone of transatlantic security cooperation and the guarantor 

of peace and stability in Europe. The conferees believe that NATO 

members must continue to review defense spending to ensure suffiVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 01259 Fmt 6601 Sfmt 6601 E:\HR\OC\HR840.XXX HR840

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cient funding is obligated to meet security needs, as well as providing adequate NATO contributions. The fulfillment of NATO 

members’ commitments to allocate a minimum of two percent of 

Gross Domestic Product (GDP) for defense expenditures and 20 

percent of defense expenditures on major equipment, is of vital importance to the health of the NATO alliance. The conferees remain 

committed to supporting and upholding the policies enumerated in 

the NATO 2012 Wales Summit and the NATO 2016 Warsaw Summit including full realization of the Readiness Action Plan, fulfillment of defense spending commitments, and timely implementation 

of an enhanced forward military presence. 

The conferees support U.S. efforts to increase presence in the 

European theater and commend the work of the Department of Defense thus far to reassure U.S. allies and partners in the region, 

increase NATO interoperability, provide critical training and assistance to European allies and partners, and deter Russian aggression. The conferees view the fiscal year 2017 President’s Budget Request of $3.42 billion for the European Deterrence Initiative 

(EDI) as an important step to support the stability and security of 

the region and deter further Russian antagonism and aggression. 

EDI will continue to serve as an important tool to bolster U.S. force 

presence in the region, train and equip the security forces of European partners and allies, enhance indications and warning mechanisms, and improve U.S. agility and flexibility through strategic infrastructure investments. The conferees believe additional emphasis is necessary on developing capabilities for countering unconventional methods of warfare such as cyber warfare, economic coercion, 

information operations, and intelligence operations. The conferees 

encourage the Department of Defense to include EDI resources and 

programs in the base budget in order to ensure persistent funding 

support as well as the ability to plan for long-term investments towards the security and stability of the European continent. 

European investment in security and stability 

The Senate bill contained a provision (sec. 1234) that would express the sense of Congress that North Atlantic Treaty Organization (NATO) allies and European partners are indispensable to addressing global security challenges and that their investment in developing and employing robust security capabilities in Europe 

should meet or exceed U.S. efforts in this regard and would require 

an accounting by the Secretary of Defense of current and planned 

security investments by NATO allies and European partners. 

The House amendment contained no similar provision. 

The Senate recedes. 

The conferees direct the Secretary of Defense, not later than 60 

days after the date of the enactment of this Act, to present to the 

congressional defense committees, the Senate Foreign Relations 

Committee, and the House Foreign Affairs Committee an accounting of European investment in security capabilities including current and planned efforts to contribute to global security operations. 

The presentation should include a summary of major outcomes 

from recent NATO summits, as well as a detailed accounting of initiatives by other NATO members and European partners to: a.) 

deter security challenges posed by Russia, b.) increase capabilities 


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to respond to unconventional or hybrid warfare tactics, c.) enhance 

security in Europe in ways that match or compliment United 

States contributions to conventional deterrence in the region, d.) 

contribute to the campaign to counter the Islamic State of Iraq and 

the Levant and the NATO-led mission in Afghanistan, and e.) 

counter terrorism in Europe and Africa, as well as any other matters the Secretary of Defense considers appropriate. 

Sense of Senate on European Deterrence Initiative 

The Senate Bill contained a provision (sec. 1235) that would 

express the sense of the Senate that the European Deterrence Initiative will bolster efforts to deter further Russian aggression, enhance the capability to defend territorial integrity and preserve regional stability, and improve the agility and flexibility of military 

forces to address threats across the full spectrum of warfighting requirements and diverse geographic locations. The provision would 

also express the sense of the Senate that such efforts as the European Deterrence Initiative should be in the base budget of the Department of Defense to address long-term stability on the European 

continent. 

The House amendment contained no similar provision. 

The Senate recedes. 

The conferees note that support for the European Deterrence 

Initiative and its importance to the stability and security of the region and deterring further Russian antagonism and aggression is 

addressed elsewhere in this report. 

Modification and extension of report on military assistance to 

Ukraine 

The House amendment contained a provision (sec. 1237) that 

would express the sense of Congress that the United States should 

continue to support the Government of Ukraine’s efforts to provide 

and maintain security in Ukraine including support to the Ukrainian military, the Ukrainian National Guard, and the State Border 

Guard Service of Ukraine. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees remain deeply concerned about the ongoing 

threats to the sovereignty and territorial integrity of Ukraine, including the continued violations of ceasefire agreements by Russia 

and Russian-backed separatists. The conferees urge the Department of Defense to continue to provide robust support to the Government of Ukraine, including through lethal assistance, to help 

defend against such aggression. The conferees note that authorization to provide assistance to the State Border Guard Service of 

Ukraine is included in another provision of this Act. 

Sense of Congress on malign activities of the Government of Iran 

The House amendment contained a provision (sec. 1241) that 

would express the sense of Congress that the United States should 

increase efforts to counter the continued expansion of malign activities of the Government of Iran in the Middle East. 

The Senate bill contained no similar provision. 

The House recedes. 


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The conferees urge the Secretary of Defense to increase efforts 

to counter the Government of Iran’s malign activities, including by 

maintaining a robust U.S. military presence forward deployed in 

the United States Central Command area of responsibility and by 

further enhancing regional ballistic missile defense capabilities and 

cooperation. 

Inclusion of the Philippines among allied countries with whom 

United States may enter into cooperative military airlift agreements 

The Senate bill contained a provision (sec. 1242) that would include the Philippines among allied countries that the United States 

can enter into a cooperative military airlift agreement with. 

The House amendment contained no similar provision. 

The Senate recedes. 

Sense of Congress on trilateral cooperation between Japan, South 

Korea, and the United States 

The House amendment contained a provision (sec. 1243) that 

expressed a sense of the Congress that Japan and the Republic of 

Korea (South Korea) are both treaty allies and critically important 

security partners of the United States. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees recognize the continued importance of trilateral 

cooperation among the United States, Japan, and the Republic of 

Korea. More specifically, the conferees believe the United States 

should continue to support defense cooperation between Japan and 

the Republic of Korea on the full range of issues related to North 

Korea as well as other security challenges in the Asia-Pacific region. 

Sense of Congress on cooperation between Singapore and the United 

States 

The House amendment contained a provision (sec. 1244) that 

expressed a sense of the Congress regarding continued cooperation 

between the United States and the Republic of Singapore. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees recognize the continued role Singapore has 

played as a security partner in Southeast Asia, including its recent 

decision to host rotational P–8 Poseidon deployments. 

United States policy on Taiwan 

The Senate bill contained a provision (sec. 1244) that expressed a sense of the Senate that the United States should 

strengthen and enhance its long-standing partnership and strategic 

cooperation with Taiwan, with the objective of reinforcing its commitment to the Taiwan Relations Act and the ‘‘Six Assurances.’’ 

The House amendment contained a similar provision (sec. 

1259) that directs the Secretary of Defense and the Secretary of 

State to jointly submit to the appropriate committees of Congress 

a report that contains a description of the steps the United States 

has taken, plans to take, and will take to provide Taiwan with 


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arms of a defensive character in accordance with the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.) no later than 

February 15, 2017. 

The legislative provisions were not adopted. 

The conferees direct the Secretary of Defense and the Secretary of State to provide a briefing to the congressional defense 

committees on the steps the United States has taken, plans to 

take, and will take to provide Taiwan with arms of a defensive 

character in accordance with the Taiwan Relations Act (Public Law 

96–8; 22 U.S.C. 3301 et seq.) no later than September 1, 2017. 

The conferees believe the United States should conduct regular 

transfers of defense articles and defense services with the government of Taiwan, support the efforts of Taiwan to integrate innovative and asymmetric capabilities, including undersea warfare capabilities optimized for the defense of the Taiwan Strait, assist Taiwan in building an effective air defense capability consisting of a 

balance of fighters and mobile air defense systems, and permit Taiwan to participate in bilateral training activities hosted by the 

United States that increase the credible deterrent capabilities of 

Taiwan. 

Sense of Congress on military relations between Vietnam and the 

United States 

The Senate bill contained a provision (sec. 1245) that expressed a sense of the Senate that removing the prohibition on the 

sale of lethal military equipment to the Government of Vietnam 

would further United States national security interests, that any 

future arms sales by the United States to Vietnam should be monitored to ensure that Vietnam continues to make progress on 

human rights and that arms sold in the future are not being used 

by Vietnam in ways that violate the human rights and freedom of 

civilians in Vietnam. 

The House amendment contained a similar provision (sec. 

1259V) that expressed a sense of the Congress that the United 

States Government should review its policy on the transfer of lethal weapons to Vietnam and that it should evaluate certain 

human rights benchmarks when providing military assistance to 

Vietnam. 

The legislative provisions were not adopted. 

The conferees support the decision to fully lift the ban on the 

sale of lethal military equipment to Vietnam and believe that the 

United States Government must continue to monitor Vietnam’s 

human rights record in the context of providing Vietnam with lethal military equipment in the future. 

Annual report on foreign military sales to Taiwan 

The House amendment contained a provision (sec. 1256) that 

directs the Secretary of Defense to submit to the Committees on 

Armed Services and Foreign Relations of the Senate and the Committees on Armed Services and Foreign Affairs of the House of 

Representatives a report that lists each request received from Taiwan and each letter of offer to sell any defense articles or services 

under this Act to Taiwan during such fiscal year. 

The Senate bill contained no similar provision. 


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The House recedes. 

Elsewhere in this report, the conferees note that the United 

States should conduct regular transfers of defense articles and defense services with the government of Taiwan. 

Sense of Congress in support of a denuclearized Korean peninsula 

The House amendment contained a provision (sec. 1259K) that 

expressed a sense of the Congress that United States foreign policy 

should support a denuclearized Korean peninsula. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees express their strong support for the decision to 

deploy the Terminal High Altitude Area Defense (THAAD) missile 

defense system to the Republic of Korea. The conferees regard this 

deployment as benefitting the United States and the Republic of 

Korea by further protecting the citizens of both countries against 

the threat of missile attack on the Korean Peninsula. 

Authority to grant observer status to the military forces of Taiwan 

at RIMPAC exercises 

The House amendment contained a provision (sec. 1259P) that 

authorized the Secretary of Defense to grant observer status to the 

military forces of Taiwan in the maritime exercise known as the 

Rim of the Pacific Exercise. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees note that the Secretary of Defense has the authority to invite Taiwan to the Rim of the Pacific exercise. 

Sense of Congress on commitment to the Republic of Palau 

The Senate bill contained a provision (sec. 1277) that would express a sense of the Congress that Congress and the President 

should promptly enact the Compact Review Agreement signed by 

the United States and Palau in 2010. 

The House amendment contained no similar provision. 

The Senate recedes. 

The conferees believe that enacting the Compact Review 

Agreement is important to United States’ national security interests and, as such, believe that the President should include the 

Compact Review Agreement in the Fiscal Year 2018 budget request. 

Sense of Congress on support for Estonia, Latvia, and Lithuania 

The House amendment contained a provision (sec. 1251) that 

would express the sense of the Congress on support for the Republic of Estonia, the Republic of Latvia, and the Republic of Lithuania, including support for their sovereignty. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees note that support for allies and partners in Europe is addressed elsewhere in this report. 


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Sense of Congress on security sector assistance 

The Senate bill contained a provision (sec. 1251) that would express the Sense of the Congress on the security cooperation programs and activities of the Department of Defense, as well as the 

broader security sector assistance activities of the U.S. government. 

The House amendment contained no similar provision. 

The Senate recedes. 

Sense of Congress on support for Georgia 

The House amendment contained a provision (sec. 1252) that 

would express the sense of the Congress on support for Georgia’s 

sovereignty and territorial integrity as well as support for continued cooperation between the United States and Georgia. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees note that support for allies and partners in Europe is addressed elsewhere in this report. 

Sense of Congress regarding on July 2016 NATO Summit in Warsaw, Poland 

The House amendment contained a provision (sec. 1257) that 

would express the sense of the Congress on supporting certain outcomes of the July 2016 North Atlantic Treaty Organization (NATO) 

Summit in Warsaw, Poland. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees note that support for certain outcomes of the 

NATO Summit is addressed elsewhere in this report. 

Report on violence and cartel activity in Mexico 

The House amendment contained a provision (sec. 1258) that 

would require the Secretary of Defense to submit to the congressional defense committees a report on violence and cartel activity 

in Mexico and the impact on the national security of the United 

States. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees note that the ongoing violence associated with 

transnational organized crime poses a threat to the security interests of Mexico and the United States. The conferees recognize the 

shared commitment of the United States and Mexico to combat this 

threat and expect the Secretary of Defense to update periodically 

the Committees on Armed Services of the House of Representatives 

and the Senate on the Department’s security cooperation activities 

with the Government of Mexico. 

Opportunities to equip certain foreign military entities 

The House amendment contained a provision (sec. 1259G) that 

would add the requirement for a report that describes efforts to 

make United States manufacturers aware of opportunities to equip 

foreign military forces approved to receive assistance from the 

United States and any new plans to raise awareness of such opportunities. 

The Senate bill contained no similar provision. 


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The House recedes. 

The conferees direct the Secretary of Defense and the Secretary of State to jointly provide a briefing to the congressional defense committees, the Senate Foreign Relations Committee, and 

the House Foreign Affairs Committee, within 180 days of the enactment of this act, on efforts to make United States manufacturers 

aware of procurement opportunities related to equipping foreign security forces approved to purchase or receive equipment from 

United States manufacturers. 

Sense of Congress regarding the role of the United States in the 

North Atlantic Treaty Organization 

The House amendment contained a provision (sec. 1259I) that 

would express the sense of the Congress that continued United 

States leadership in the North Atlantic Treaty Organization is critical to the national security of the United States. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees note that the importance of continued United 

States leadership in the North Atlantic Treaty Organization is addressed elsewhere in this report. 

Authorization of United States assistance to Israel 

The House amendment contained a provision (sec. 1259J) that 

would authorize the President to provide assistance to Israel to improve maritime security and maritime domain awareness. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees note that maritime security and maritime domain awareness in the Eastern Mediterranean Sea are critical not 

only to the security of Israel but also to U.S. national security interests and encourage the Department of Defense to continue efforts to develop and improve capabilities in these areas. 

Department of Defense report on cooperation between Iran and the 

Russian Federation 

The House amendment contained a provision (sec. 1259M) that 

would require a report on cooperation between Iran and the Russian Federation. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees direct the Secretary of Defense and Secretary of 

State to jointly provide a briefing to the congressional defense committees, the Senate Foreign Relations Committee, and the House 

Foreign Affairs Committee not later than 180 days after the date 

of the enactment of this Act, on cooperation between Iran and the 

Russian Federation. The briefing shall, at a minimum, include (1) 

how such cooperation affects the national security interests of the 

United States; (2) cooperation relating to the conflict in Syria; (3) 

weapons, if any, transferred from Russia to Iran; (4) cooperation, 

if any, in space and to what extent those capabilities can be applied 

to Iran’s ballistic missile program; and (5) naval cooperation in the 

Eastern Mediterranean Sea and Arabian Gulf. 


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Report on maintenance by Israel of a robust independent capability 

to remove existential security threats 

The House amendment contained a provision (sec. 1259N) that 

would express the sense of Congress that Israel should be able to 

defend its vital national interests and protect its territory and population against existential threats. The provision would also require a report to certain committees of Congress that would identify capabilities and platforms requested by the Government of 

Israel that would contribute to the maintenance of Israel’s defensive capability, assess the availability for sale or transfer of such 

items, and describe what steps the President is taking to transfer 

those items. 

The Senate bill contained no similar provision. 

The House recedes. 

Report on use by the Government of Iran of commercial aircraft and 

related services for illicit military or other activities 

The House amendment contained a provision (sec. 1259O) that 

would require a report to certain committees of Congress on the 

use by the Government of Iran of commercial aircraft and related 

services for illicit military and other activities for the past five 

years. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees direct that not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense and the Secretary of State shall provide a briefing to the congressional defense 

committees and the Committee on Foreign Relations of the Senate 

and the Committee on Foreign Affairs of the House of Representatives on the use of the commercial entities by the Government of 

Iran for illicit military or other activities during the 5-year period 

ending on the date of enactment of this Act. The briefing, at a minimum, should include a description of the extent to which: (1) the 

Government of Iran has used commercial entities to facilitate the 

shipment of illicit cargo; (2) the commercial sector of Iran has provided financial, material, and technological support to the Islamic 

Revolutionary Guard Corps (IRGC); and (3) foreign governments 

and persons have facilitated such activities, including allowing the 

use of airports, services, or other resources. 

Extension of reporting requirements on the use of certain Iranian 

seaports by foreign vessels and use of foreign airports by sanctioned Iranian air carriers 

The House amendment contained a provision (sec. 1259R) that 

would amend section 1252(a) of the National Defense Authorization 

Act for Fiscal Year 2013 (22 U.S.C. 8808(a)). 

The Senate bill contained no similar provision. 

The House recedes. 

Sense of Congress on integrated ballistic missile defense system for 

GCC partner countries, Jordan, Egypt and Israel 

The House amendment contained a provision (sec. 1259T) that 

would express the sense of Congress that to assist in preventing an 

attack by Iran, the United States should encourage and enable as 


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appropriate an integrated ballistic missile defense system that 

links GCC partner countries, Jordan, Egypt, and Israel. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees encourage the United States Government to continue to work towards a ballistic missile defense system that integrates the capabilities of Gulf Cooperation Council partner nations. 

Authority to provide assistance and training to increase maritime 

security and domain awareness of foreign countries bordering 

the Persian Gulf, Arabian Sea, or Mediterranean Sea 

The House amendment contained a provision (sec. 1259U) that 

would authorize assistance and training to increase maritime security and domain awareness of foreign countries bordering the Persian Gulf, the Arabian Sea, or the Mediterranean Sea in order to 

deter and counter illicit smuggling and related maritime activity by 

Iran, including illicit Iranian weapons shipments. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees note that this provision would be duplicative of 

provisions included elsewhere in this Act. The conferees further 

note that the stated purpose of this provision is indeed an important matter—maritime security in the Arabian Sea, Arabian Gulf, 

and Mediterranean Sea are critical to U.S. national security interests and the global marketplace. 

Report on efforts to combat Boko Haram in Nigeria and the Lake 

Chad Basin 

The House amendment contained a provision (sec. 1259W) that 

would express a sense of Congress and require the Secretary of Defense, the Secretary of State, and the Attorney General to jointly 

submit to Congress a report on efforts to combat Boko Haram 

against the people of Nigeria and the Lake Chad Basin. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees note that the ongoing violence and abhorrent 

human rights violations perpetrated by the terrorist group Boko 

Haram against the people of the Lake Chad Basin region of Africa 

poses a threat to the regional stability and to the security interests 

of the United States associated with ongoing violence and the gross 

human rights violations against the people of the Lake Chad Basin 

carried out by Boko Haram and the need to investigate and prosecute such violations. The conferees also note the need to bring to 

justice those responsible for such atrocities should be brought to 

justice. The conferees recognize the shared commitment of the 

United States and countries of the Lake Chad Basin to combat 

Boko Haram and expect the Secretary of Defense to update the 

Committees on Armed Services of the House of Representatives 

and the Senate periodically on the Department’s activities in this 

regard. 


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Security cooperation enhancement fund 

The Senate bill contained a provision (sec. 1260) that would 

create a central fund for the security cooperation programs and activities of the Department of Defense. 

The House amendment contained no similar provision. 

The Senate recedes. 

Coordination between Department of Defense and Department of 

State on certain security cooperation and security assistance 

programs and activities 

The Senate bill contained a provision (sec. 1264) that would require the Secretary of Defense and the Secretary of State not later 

than 90 days after enactment of this Act to establish interim regulations and, not later than 270 days after enactment of this Act, 

final regulations, to establish a formal process for the two Departments on all matters relating to the policy, planning, and implementation of security cooperation programs and activities as specified in the Act. 

The House amendment contained no similar provision. 

The Senate recedes. 

United Nations processing center in Erbil, Iraqi Kurdistan, to assist 

internationally-displaced communities 

The House amendment contained a provision (sec. 1227) that 

would seek the establishment of a United Nations processing center in Erbil, Iraqi Kurdistan, to assist internationally-displaced 

communities through the voice and vote of the United States at the 

United Nations. 

The Senate bill contained no similar provision. 

The House recedes. 

TITLE XIII—COOPERATIVE THREAT REDUCTION

Specification of Cooperative Threat Reduction funds (sec. 1301) 

The Senate bill contained a provision (sec. 1301) that would 

authorize funds to be appropriated by the Department of Defense 

for the Cooperative Threat Reduction Program. 

The House amendment contained an identical provision (sec. 

1301). 

The conference agreement includes this provision. 

Funding allocations (sec. 1302) 

The Senate bill contained a provision (sec. 1302) that would allocate funding for the Cooperative Threat Reduction program from 

within the overall $325.6 million that the committee would authorize for the CTR Program. The allocation under this section reflects 

the amount of the budget request for fiscal year 2017. 

The House amendment contained a similar provision (sec. 

1302) that would allocate funding for the Cooperative Threat Reduction program at $325.6 million, including for certain specific 

purposes. In addition, the House amendment would also extend 

certain notification requirements, which would allow the committee 

to enhance its oversight of proposed CTR projects. Further, it 

would require a new determination as to whether other authorities 


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are also available to the Secretary of Defense, and other Secretaries as applicable, and if they exist, an explanation for why the 

Secretaries were not able to use them for a specific proposed 

project. 

The Senate recedes. 

Limitation on availability of funds for Cooperative Threat Reduction in People’s Republic of China (sec. 1303) 

The House amendment contained a provision (sec. 1303) that 

would ensure Cooperative Threat Reduction funds are obligated or 

expended in quarterly installments. The provision would further 

require that the Secretary of Defense not obligate or expend funds 

for CTR activities in China unless he has submitted to the specific 

congressional committees a certification regarding certain nonproliferation benchmarks (including the arrest of Li Fangwei, also 

known as ‘‘Karl Lee’’) with respect to China. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that requires obligation or expenditure of such funds in semiannual installments. The 

amendment further requires that 15 days before funds are obligated, the Secretary of Defense shall submit to the congressional 

defense committees, the House Foreign Affairs Committee and the 

Senate Committee on Foreign Affairs the report on such activities 

as required by section 50 United States Code 3711(g). In addition 

to the matters required by 50 United States Code 3711(g), each report shall include in coordination with the Secretary of State 

whether China has taken material steps to disrupt proliferation activities of Li Fangwei; and arrest Li Fangwei pursuant to an indictment charged in the United States District Court of New York on 

April 29, 2014; and whether China has proliferated to any non-nuclear weapons state or any nuclear weapons state in violation of 

the Treaty on Non-Proliferation of Nuclear Weapons including any 

item that contributes to a ballistic missile as well as the number 

and type of demarches with respect to the above matters. 

TITLE XIV—OTHER AUTHORIZATIONS

Subtitle A—Military Programs 

Working Capital Funds (sec. 1401) 

The Senate bill contained a provision (sec. 1401) that would 

authorize appropriations for Defense Working Capital Funds at the 

levels identified in section 4501 of division D of this Act. 

The House amendment contained an identical provision (sec. 

1401). 

The conference agreement includes this provision. 

Chemical Agents and Munitions Destruction, Defense (sec. 1402) 

The Senate bill contained a provision (sec. 1402) that would 

authorize the appropriations for Chemical Agents and Munitions 

Destruction, Defense, at levels identified in section 4501 of division 

D of this Act. 

The House amendment contained an identical provision (sec. 

1403). 


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The conference agreement includes this provision. 

Drug Interdiction and Counter-Drug Activities, Defense-Wide (sec. 

1403) 

The Senate bill contained a provision (sec. 1403) that would 

authorize appropriations for Drug Interdiction and Counter-Drug 

Activities, Defense-Wide at the levels identified in section 4501 of 

division D of this Act. 

The House amendment contained an identical provision (sec. 

1404). 

The conference agreement includes this provision. 

Defense Inspector General (sec. 1404) 

The Senate bill contained a provision (sec. 1404) that would 

authorize appropriations for the Office of the Inspector General at 

the levels identified in section 4501 of division D of this Act. 

The House amendment contained an identical provision (sec. 

1405). 

The conference agreement includes this provision. 

Defense Health Program (sec. 1405) 

The Senate bill contained a provision (sec. 1405) that would 

authorize appropriations for the Defense Health Program activities 

at the levels identified in section 4501 of division D of this Act. 

The House amendment contained an identical provision (sec. 

1406). 

The conference agreement includes this provision. 

Subtitle B—National Defense Stockpile 

Authority to dispose of certain materials from and to acquire additional materials for the National Defense Stockpile (sec. 1411) 

The Senate bill contained a provision (sec. 1412) that would require the National Defense Stockpile (NDS) Manager to dispose of 

specific rare earth elements (REE) while also allowing funds available in the National Defense Stockpile Transaction Fund to be used 

for the acquisition of other materials. 

The House amendment contained a similar provision (sec. 

1411) that would grant permissive authority to the NDS Manager 

to dispose of specific REE while also allowing funds available in the 

NDS Transaction Fund to be used for the acquisition of other materials. 

The Senate recedes. 

The conferees note that REE acquisitions would alleviate some 

defense supply chain vulnerability as well as mitigate some risk of 

foreign reliance for REE and critical materials. 

National Defense Stockpile matters (sec. 1412) 

The Senate bill contained a provision (sec. 1411) that would 

amend section 4 of the Strategic and Critical Materials Stock Piling 

Act, title 50 United States Code, to provide the authority to recover, acquire, recycle, and manage the disposal of excess and recyclable strategic and critical materials containing rare earth elements (REE) from other federal agencies, including the DepartVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 01271 Fmt 6601 Sfmt 6601 E:\HR\OC\HR840.XXX HR840

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ment of Defense. The provision would also enable the National Defense Stockpile (NDS) Manager to fund the qualification of domestically-produced strategic materials and REE, which could provide 

significant cost savings to DOD compared to foreign REE. 

The House amendment contained a similar provision (sec. 

1412). 

The House recedes. 

The conferees strongly believe that enabling the NDS to qualify domestic materials and create substitutions could provide a significant risk mitigation for DOD’s supply chain and reduce the reliance upon foreign-sourced REE, along with cost-effective domestic 

and strategic alternatives. 

Additionally, the conferees strongly encourage DOD to use its 

authority to recycle previously discarded items such as unclassified 

electronic waste, fluorescent lamps, batteries, magnets, and thermal barrier coatings in order to extract, reclaim, and reuse critical 

materials and REE to address DOD requirements. 

Subtitle C—Chemical Demilitarization Matters 

National Academies of Sciences study on conventional munitions 

demilitarization alternative technologies (sec. 1421) 

The Senate bill contained a provision (sec. 1422) that would require the Secretary of the Army in concurrence with the Board on 

Army Science and Technology of the National Academies of 

Sciences, Engineering, and Medicine to conduct a study of the conventional munitions demilitarization program of the Department of 

Defense. 

The House amendment contained no similar provision. 

The House recedes. 

Subtitle D—Other Matters 

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. 1431) 

The Senate bill contained a provision (sec. 1431) that would 

authorize the Secretary of Defense to transfer $122.4 million to the 

Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for operations of the Captain 

James A. Lovell Federal Health Care Center, consisting of the 

North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities. 

The House amendment contained a similar provision (sec. 

1421). 

The Senate recedes. 

Authorization of appropriations for Armed Forces Retirement Home 

(sec. 1432) 

The Senate bill contained a provision (sec. 1432) that would 

authorize appropriations of $64.3 million for the Armed Forces Retirement Home for fiscal year 2017. 


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The House amendment contained an identical provision (sec. 

1422). 

The conference agreement includes this provision. 

LEGISLATIVE PROVISIONS NOT ADOPTED

National Defense Sealift Fund 

The House amendment contained a provision (sec. 1402) that 

would authorize appropriations for the National Defense Sealift 

Fund at the levels identified in section 4501 of the House amendment. 

The Senate bill contained no similar provision. 

The House recedes. 

National Sea-Based Deterrence Fund 

The House amendment contained a provision (sec. 1407) that 

would authorize appropriations for the National Sea-Based Deterrence Fund at the levels identified in section 4501 of the House 

amendment. 

The Senate bill contained no similar provision. 

The House recedes. 

Security Cooperation Enhancement Fund 

The Senate bill contained a provision (sec. 1406) that authorized appropriations for the Security Cooperation Enhancement 

Fund activities at the levels identified in section 4501 of division 

D of this Act. 

The House amendment contained no similar provision. 

The Senate recedes. 

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR

OVERSEAS CONTINGENCY OPERATIONS

Subtitle A—Authorization of Appropriations 

Purpose and treatment of certain authorizations of appropriations 

(sec. 1501) 

The Senate bill contained a provision (sec. 1501) that would establish this title and make authorization of appropriations available upon enactment of this Act for the Department of Defense, in 

addition to amounts otherwise authorized in this Act. 

The House amendment contained a similar provision (sec. 

1501). 

The Senate recedes. 

Procurement (sec. 1502) 

The Senate bill contained a provision (sec. 1503) that would 

authorize additional appropriations for Procurement at the levels 

identified in section 4102 of division D of this Act. 

The House amendment contained a similar provision (sec. 

1502). 

The Senate recedes. 


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Research, development, test, and evaluation (sec. 1503) 

The Senate bill contained a provision (sec. 1504) that would 

authorize additional appropriations for Research, Development, 

Test, and Evaluation at the levels identified in section 4202 of division D of this Act. 

The House amendment contained a similar provision (sec. 

1503). 

The Senate recedes. 

Operation and maintenance (sec. 1504) 

The Senate bill contained a provision (sec. 1505) that would 

authorize the additional appropriations for operation and maintenance activities. 

The House amendment contained a similar provision (sec. 

1504) that would authorize additional appropriations for operation 

and maintenance programs at the levels identified in section 4302 

and section 4303 of division D of the amendment. This section 

would limit the appropriations for operation and maintenance identified in section 4302 to only be available for obligation until April 

30, 2017. 

The Senate recedes with an amendment that would allow 

funds to be available through the entirety of the fiscal year. 

Military personnel (sec. 1505) 

The Senate bill contained a provision (sec. 1506) that would 

authorize the additional appropriations for military personnel activities. 

The House amendment contained a similar provision (sec. 

1505) would authorize additional appropriations for military personnel programs at the levels identified in section 4402 and section 

4403 of division D of the amendment. This section would limit the 

appropriations for military personnel activities identified in section 

4402 to only be available for obligation until April 30, 2017. 

The Senate recedes with an amendment that would allow 

funds to be available through the entirety of the fiscal year. 

Working capital funds (sec. 1506) 

The Senate bill contained a provision (sec. 1507) that would 

authorize the additional appropriations for the Defense Working 

Capital Funds. 

The House amendment contained a similar provision (sec. 

1506) would authorize additional appropriations for Defense Working Capital Funds at the levels identified in section 4502 of division 

D of the amendment. This section would limit the appropriations 

for the Defense Working Capital Funds to only be available for obligation until April 30, 2017. 

The House recedes. 

Drug Interdiction and Counter-Drug Activities, Defense-wide (sec. 

1507) 

The Senate bill contained a provision (sec. 1508) that would 

authorize additional appropriations for Drug Interdiction and 

Counterdrug Activities, Defense-Wide at the levels identified in 

section 4502 of division D of this Act. 


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The House amendment contained a similar provision (sec. 

1507). 

The Senate recedes. 

Defense Inspector General (sec. 1508) 

The Senate bill contained a provision (sec. 1509) that would 

authorize additional appropriations for the Office of the Inspector 

General at the levels identified in section 4502 of division D of this 

Act. 

The House amendment contained an identical provision (sec. 

1508). 

The conference agreement includes this provision. 

Defense Health program (sec. 1509) 

The Senate bill contained a provision (sec. 1510) that would 

authorize additional appropriations for the Defense Health Program. 

The House amendment contained a similar provision (sec. 

1509) would authorize additional appropriations for the Defense 

Health Program at the levels identified in section 4502 of division 

D of the amendment. This section would limit the appropriations 

for the Defense Health Program to only be available for obligation 

until April 30, 2017. 

The House recedes. 

Subtitle B—Financial Matters 

Treatment as additional authorizations (sec. 1511) 

The Senate bill contained a provision (sec. 1521) that would 

state that amounts authorized to be appropriated by this title are 

in addition to amounts otherwise authorized to be appropriated by 

this Act. 

The House amendment contained an identical provision (sec. 

1521). 

The conference agreement includes this provision. 

Special transfer authority (sec. 1512) 

The Senate bill contained a provision (sec. 1522) that would 

allow the Secretary of Defense to transfer up to $3.5 billion of overseas contingency operation funding authorized for fiscal year 2017 

in this title to unforeseen higher priority needs in accordance with 

normal reprogramming procedures. 

The House amendment contained a similar provision (sec. 

1522) that would authorize the transfer of up to $4.5 billion of additional war-related funding authorizations in this title among the 

accounts in this title. 

The Senate recedes with an amendment that would allow the 

Secretary of Defense to transfer up to $3.5 billion of overseas contingency operation funding authorized for fiscal year 2017 in this 

title to unforeseen higher priority needs in accordance with normal 

reprogramming procedures. 


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Subtitle C—Limitations, Reports, and Other Matters 

Afghanistan Security Forces Fund (sec. 1521) 

The Senate bill contained a provision (sec. 1533) that would require that amounts authorized for the Afghanistan Security Forces 

Fund (ASFF) for fiscal year 2017 continue to be subject to the conditions specified in subsections (b) through (g) of section 1513 of the 

Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2008 Public Law 110–181), as 

amended. The provision would extend the authority under subsection 1532(b) of the National Defense Authorization Act for Fiscal 

Year 2015 (Public Law 113–291) to accept certain equipment procured using ASFF funds and to treat such equipment as Department of Defense stocks as well as the goal of using $25.0 million 

to support to the extent practicable the efforts of the Government 

of Afghanistan to promote the security of Afghan women and girls 

and report on a plan to promote the security of Afghan women as 

required by section 1531 of the National Defense Authorization Act 

of 2016. 

The House amendment contained a similar provision (sec. 

1531). 

The House recedes with a technical amendment. 

Joint Improvised Explosive Device Defeat Fund (sec. 1522) 

The House amendment contained a provision (sec. 1532) that 

would modify subsection 1532(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92) to extend the 

use and transfer authority for the Joint Improvised Explosive Device Defeat Fund (JIEDDF) through fiscal year 2017. It would also 

modify section 1532(c) of the National Defense Authorization Act 

for Fiscal Year 2013 (Public Law 112–239) to expand the foreign 

governments to whom assistance may be provided in order to 

counter the flow of improvised explosive device (IED) precursor 

chemicals. 

The Senate bill contained a similar provision (sec. 1531) that 

would extend the use and transfer authority for the JIEDDF for 

one year. 

The Senate recedes with an amendment to modify and expand 

the reporting requirements under section 1532(c). 

The conferees expect the expanded IED precursor chemical authority to be focused on efforts to counter the Islamic State of Iraq 

and the Levant. The conferees direct the Secretary of Defense to 

brief the congressional defense committees, not later than 90 days 

after enactment of this Act, regarding utilization of the IED precursor chemical authority to date, the plans for future employment 

of the authority, and a discussion of additional authorities that 

would be useful to the efforts to stem the flow of IED precursor 

chemicals and components. 

Furthermore, the conferees note that Section 1532(c) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 

114–92), required a plan for transition of the Joint ImprovisedThreat Defeat Agency (JIDA) activities, functions, and resources to 

an existing military department or Defense Agency. On January 

29, 2016, the congressional defense committees were notified by the 


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Under Secretary of Defense for Acquisition, Technology and Logistics that the entirety of activities, functions, and resources of JIDA 

would transition under the authority, direction, and control of the 

Defense Threat Reduction Agency (DTRA) not later than September 30, 2016 as the Joint Improvised-Threat Defeat Organization (JIDO). 

The conferees support the transition of JIDA as JIDO under 

the authority, direction, and control of DTRA. Integration of the 

roles, mission, and activities of JIDA under DTRA should result in 

reduced overhead management costs while maintaining core competencies of each entity in order to respond to warfighter needs. 

The conferees commend the identification of potential areas to reduce overhead costs and achieve efficiencies in the transition plan 

submitted on August 21, 2016. However, the conferees note the 

lack of detail regarding the processes used to integrate cost reduction efforts into the ongoing transition plan needed to realize savings and efficiencies. 

The conferees recognize the transition will impact both DTRA’s 

and JIDA’s organizational construct. The conferees also recognize 

that the transition and associated efficiencies may warrant changes 

in JIDA’s leadership construct and associated billets as JIDA becomes an organization under the authority, direction, and control 

of DTRA. 

Therefore, the conferees direct the Under Secretary of Defense 

for Acquisition, Technology and Logistics to brief the congressional 

defense committees, not later than 60 days after enactment of this 

act, on the implementation of the transition of JIDA to DTRA as 

JIDO. The briefing shall include a progress report on the overhead 

cost reductions and efficiencies as well as cost reduction processes 

identified in the transition plan, an identification of efficiencies expected to be achieved in addition to those identified in the initial 

transition plan, the organizational and command and control constructs of DTRA and JIDO, an overview of the combined budget estimations across the Future Years Defense Program, and a description of how the core competencies of both DTRA and JIDO are 

being retained in order to fulfill designated missions and respond 

to warfighter needs. 

Extension of authority to use Joint Improvised Explosive Device Defeat Fund for training of foreign security forces to defeat improvised explosive devices (sec. 1523) 

The House amendment contained a provision (sec. 1533) that 

would modify section 1533(e) of the National Defense Authorization 

Act for Fiscal Year 2016 (Public Law 114–92) by extending the Authority to use the Joint Improvised Explosive Device Defeat Fund 

for training of foreign security forces to defeat improvised explosive 

devices and precursor chemicals from September 30, 2018, to September 30, 2020. 

The Senate bill contained no similar provision. 

The Senate recedes. 


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Overseas contingency operations (sec. 1524) 

The Senate bill contained a provision (sec. 1502) that would 

designate authorization of appropriations in this section as overseas contingency operations. 

The House amendment contained no similar provision. 

The House recedes. 

Extension and modification of authorities on Counterterrorism Partnerships Fund (sec. 1525) 

The Senate bill contained a provision (sec. 1532) that would 

modify and extend for 1 fiscal year section 1534 of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291). 

The House amendment contained no similar provision. 

The House recedes. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Counterterrorism Partnerships Fund 

The House amendment included a provision (sec. 1510) that 

would authorize additional appropriations for the Counterterrorism 

Partnerships Fund (CTPF). 

The Senate bill included no similar provision. 

The House recedes. 

The conferees note that elsewhere in this Act, funding requested by the Department of Defense for the CTPF was transferred to Operations and Maintenance, Defense-Wide, Defense Security Cooperation Agency, consistent with the reform of the Department of Defense’s security cooperation programs and associated 

funding. It is the intent of the conferees that the CTPF funding 

transferred to the Defense Security Cooperation Agency be available for the purposes authorized in chapter 16 of title 10, United 

States Code as added elsewhere in this Act. 

Security Cooperation Enhancement Fund 

The Senate bill contained a provision (sec. 1511) that authorized appropriations for the Security Cooperation Enhancement 

Fund activities at the levels identified in section 4502 of division 

D of this Act. 

The House bill contained no similar provision. 

The Senate recedes. 

Codification of Office of Management and Budget criteria 

The House amendment contained a provision (sec. 1523) that 

would delineate guidance for the Secretary of Defense when submitting requests for overseas contingency operations. 

The Senate bill contained no similar provision. 

The House recedes. 


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TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE

MATTERS

Subtitle A—Space Activities 

Repeal of provision permitting the use of rocket engines from the 

Russian Federation for the evolved expendable launch vehicle 

program (sec. 1601) 

The Senate bill contained a provision (sec. 1038) that would repeal section 8048 of the Department of Defense Appropriations Act, 

Fiscal Year 2016 (division C, Public Law 114–113; 129 Stat. 2363). 

The House amendment contained no similar provision. 

The House recedes. 

Exception to the prohibition on contracting with Russian suppliers 

of rocket engines for the evolved expendable launch vehicle program (sec. 1602) 

The House amendment contained a provision (sec. 1602) that 

would modify section 1608 of the Carl Levin and Howard P. ‘‘Buck’’ 

McKeon National Defense Authorization Act for Fiscal Year 2015 

(Public Law 113–291), as amended by section 1607 of the National 

Defense Authorization Act for Fiscal Year 2016 (Public Law 114– 

92) by striking subsection (c) and inserting a new subsection. The 

new subsection would state that the prohibition would not apply to 

either the placement of orders or exercise of options under the contract numbered FA8811–13–C–0003 and awarded on December 18, 

2013, or contracts that are awarded for the procurement of property or services for space launch activities that include the use of 

a total of 18 rocket engines designed or manufactured in the Russian Federation in addition to the Russian-designed or manufactured engines to which paragraph (1) applies. 

The Senate bill contained a similar provision (sec. 829B) that 

would allow until December 31, 2022, the Secretary of Defense to 

award contracts to launch providers of launch services that intends 

to use any certified launch vehicle in its inventory without regard 

to the country of origin of the rocket engine that will be used on 

that launch vehicle. The provision would limit the total number of 

rocket engines designed or manufactured in the Russian Federation to not more than eighteen. 

The Senate recedes with an amendment that would adopt the 

House language and prohibit the award of a contract requiring a 

rocket engine designed or manufactured in the Russian Federation 

after December 31, 2022. 

Rocket propulsion system to replace RD–180 (sec. 1603) 

The House amendment contained a provision (sec. 1601) that 

would modify section 1604 of the Carl Levin and Howard P. ‘‘Buck’’ 

McKeon National Defense Authorization Act for Fiscal Year 2015 

(Public Law 113–291), as amended by section 1606 of the National 

Defense Authorization Act for Fiscal Year 2016 (Public Law 114– 

92). 

The Senate bill contained no similar provision. 

The Senate recedes with a clarifying amendment. 


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Plan for use of allied launch vehicles (sec. 1604) 

The Senate bill contained a provision (sec. 1602) that would require the Commander of the Air Force Space Command to develop 

a contingency plan for using allied space launch vehicles to meet 

assured access to space requirements should the Department of Defense not be able to meet those requirements, for a limited period 

of time, using only United States launch vehicles. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would require the 

Secretary of Defense to coordinate the required plan with the Director of National Intelligence. The amendment would require the 

required plan assess the relevant laws, regulations, and policies 

governing the launch of national security satellites and whether 

any legislative, regulatory, or policy actions (including with respect 

to waivers) would be necessary to allow for the launch of a national 

security satellite on an allied launch vehicle. The amendment also 

requires an assessment of the certification requirements for using 

allied launch vehicles pursuant to the plan and the estimated cost, 

schedule, and actions that would be necessary to certify allied 

launch vehicles. 

The conferees note that the term ‘‘allied launch vehicle’’ explicitly prohibits the consideration of space launch vehicles from Russia, China, Iran, and North Korea. 

The conferees expect that the Secretary and Director take into 

consideration the findings of the related study of options for a 

backup plan for assured access to space as identified in the Fiscal 

Year 2016 National Defense Authorization Act Joint Explanatory 

Statement. 

Analysis of alternatives for wide-band communications (sec. 1605) 

The House amendment contained a provision (sec. 1603) that 

would amend section 1611 of the National Defense Authorization 

Act for Fiscal Year 2016 (Public Law 114–92) by striking subsection (b) and would insert a requirement for the Secretary of Defense to develop study guidance for the analysis of alternatives for 

wide-band communications to consider the full range of military 

and commercial satellite communications capabilities, acquisition 

processes, and service delivery models. The provision would also require the Secretary to ensure that any cost assessments of military 

or commercial satellite communications systems include detailed 

full life cycle costs, as applicable, including but not limited to military personnel, military construction, military infrastructure operation, maintenance costs, and ground and user terminal impacts; 

and to also identify any considerations relating to the use of military versus commercial systems for wide-band satellite communications. The provision would also direct the Comptroller General of 

the United States to assess the sufficiency of the study. 

The Senate bill contained a similar provision (sec. 1608) that 

would require the Comptroller General to assess the types of analyses the Department of Defense has conducted to understand the 

costs and benefits of the use of KA-band commercial satellite communications by the department. 

The Senate recedes with an amendment that would combine 

the Senate and House provisions. 


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Modification to pilot program for acquisition of commercial satellite 

communications services (sec. 1606) 

The Senate bill contained a provision (sec. 1601) that would 

amend section 1605 of the Carl Levin and Howard P. ‘‘Buck’’ 

McKeon National Defense Authorization Act for Fiscal Year 2015 

(Public Law 113–291) to prohibit the obligation or expenditure of 

any funding made available until the Secretary of Defense submits 

to the congressional defense committees a plan to demonstrate that 

the pilot program will achieve order-of-magnitude improvements in 

satellite communications capability. 

The House amendment contained a similar provision (sec. 

1604) that would also amend section 1605 of the Carl Levin and 

Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for 

Fiscal Year 2015 (Public Law 113–291), as amended by section 

1612 of the National Defense Authorization Act for Fiscal Year 

2016 (Public Law 114–92), by adding a requirement that in developing and carrying out the pilot program, the Secretary shall take 

actions to begin the implementation of each specified goal by not 

later than September 30, 2017. 

The House recedes with an amendment that would merge the 

two provisions and prohibit the obligation or expenditure of 5 percent of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for the headquarters of 

Air Force Space Command until the Secretary of Defense submits 

a plan to demonstrate that the pilot program will achieve order-ofmagnitude improvements in satellite communications capability. 

The conferees agree that the pilot program and pathfinders are 

separate but complementary efforts. The conferees direct the Secretary of Defense to provide a briefing to the Congressional Defense 

committees by December 1, 2016 on the status of the pilot program 

and pathfinder activities, including an implementation timeline 

and an identification of any implementation challenges and options 

to address them. 

Space-based environmental monitoring (sec. 1607) 

The House amendment contained a provision (sec. 1605) that 

would direct the Secretary of Defense and the Director of the National Oceanic and Atmospheric Administration (NOAA) to establish mechanisms to collaborate and coordinate in defining the roles 

and responsibilities of the Department of Defense and NOAA with 

regards to carrying out space-based environmental monitoring and 

planning for future non-governmental space-based environmental 

monitoring capabilities. 

The Senate bill contained no similar provision. 

The Senate recedes with a technical amendment. 

The conferees note that this is not an authorization for a joint 

satellite program of the Department of Defense and NOAA. 

Prohibition on use of certain non-allied positioning, navigation, and 

timing systems (sec. 1608) 

The House amendment contained a provision (sec. 1606) that 

would require that, not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall ensure that the 

Armed Forces and each element of the Department of Defense do 


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not use a non-allied positioning, navigation, and timing system or 

a service provided by such a system. This requirement would sunset on September 30, 2018. 

The provision would also provide that the Secretary of Defense 

may waive the prohibition if the Secretary determines it is in the 

national security interest of the United States and is necessary to 

mitigate exigent operational concerns, and notifies the appropriate 

congressional committees in writing and a period of 30 days has 

elapsed from the date of such notification. 

The provision would further require the Secretary of Defense, 

Chairman of the Joint Chiefs of Staff, and the Director of National 

Intelligence to submit to the congressional defense committees and 

the congressional intelligence committees not later than 120 days 

after the date of the enactment of this Act an assessment of the 

risks to national security and to the operations and plans of the 

Department of Defense from using a non-allied positioning, navigation, and timing system or service provided by such a system. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Limitation of availability of funds for the Joint Space Operations 

Center Mission System (sec. 1609) 

The House amendment contained a provision (sec. 1607) that 

would limit 75 percent of the funds authorized to be appropriated 

by this Act or otherwise made available for fiscal year 2017 for increment 3 of the Joint Space Operations Center Mission System 

program, until the Secretary of the Air Force, in coordination with 

the Commander of the U.S. Strategic Command, submits to the 

congressional defense committees a report on such increment. 

The Senate bill contained a similar provision (sec. 1609) that 

would limit the use of funds for increment 3 of the Joint Space Operations Center Mission System until the Secretary of the Air 

Force submits to the congressional defense committees a report setting forth a strategy for acquiring a common software and hardware framework for battle management, communication, and control. 

The Senate recedes with an amendment that would combine 

the conditions of both provisions into one reporting requirement. 

The conferees do not expect to restrict the study activities to 

develop the plan for the JMS increment 3 space battle management, communications, and control. 

Limitation on availability of funds for the Global Positioning System Next Generation Operational Control System (sec. 1610) 

The Senate bill contained a provision (sec. 1610) that would restrict the obligation or expenditure of amounts authorized to be appropriated for fiscal year 2017 and available for the current product development contract for the Global Positioning System Next 

Generation Operational Control System (GPS–OCX) until the Secretary of Defense submits to Congress the certification required 

under section 2433a(c)(2), title 10, United States Code, commonly 

referred to as a Nunn-McCurdy certification. 

The House amendment contained no similar provision. 


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The House recedes with an amendment that would impose 

spending limitations subject to certain certifications and briefings 

to Congress. 

Availability of funds for certain secure voice conferencing capabilities (sec. 1611) 

The Senate bill contained a provision (sec. 1612) that would authorize up to $10.2 million in Air Force research, development, 

test, and evaluation funds from fiscal year 2015 or 2016 for the 

Presidential and National Voice Conferencing Program and the Advanced Extremely High Frequency Extended Data Rate, worldwide, 

secure, survivable voice conferencing capability for the President 

and national leaders. 

The House amendment contained no similar provision. 

The House recedes with a technical amendment. 

The conferees direct the Co-Chairmen of the Council on Oversight of the National Leadership Command, Control, and Communications System to provide a report to the congressional defense 

committees, not later than 180 days after the date of the enactment of this Act, on the requirements and gaps, if any, for manpower to operate and sustain and to modernize the national leadership communications system. Such report shall detail the requirements and gaps, if any, by each agency comprising the national 

leadership communications system; the plan to close those gaps including through the use of existing hiring and retention authorities; the related estimated costs of such plan; the requirements and 

gaps broken down by job activity and geographic region. The report 

required should explicitly detail any recommendations or requirements for new hiring and retention authorities that may be required to assist the Department in closing any gaps identified by 

the Council. The co-chairmen of the Council shall provide a briefing 

to the congressional defense committees on their preliminary findings and recommendations not later than 90 days after the date of 

the enactment of this Act. 

Space-based infrared system and advanced extremely high frequency program (sec. 1612) 

The House amendment contained a provision (sec. 1608) that 

would restrict the Secretary of Defense from developing or acquiring an alternative to the space-based infrared system program of 

record, as well as developing or acquiring an alternative to the advanced extremely high frequency program of record, until the Commander of U.S. Strategic Command and the Director of the Space 

Security and Defense Program, in coordination with the Defense 

Intelligence Officer for Science and Technology of the Defense Intelligence Agency, jointly submit an assessment to the appropriate 

congressional committees of the resilience and mission assurance of 

each alternative considered for the respective programs. 

The Senate bill contained no similar provision. 

The Senate recedes with a technical amendment. 

Pilot program on commercial weather data (sec. 1613) 

The House amendment contained a provision (sec. 1610) that 

would direct the Secretary of Defense to establish a pilot program 


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to assess the viability of commercial satellite weather data to support requirements of the Department of Defense. 

The Senate bill contained no similar provision. 

The Senate recedes with a technical amendment. 

Plans on transfer of acquisition and funding authority of certain 

weather missions to National Reconnaissance Office (sec. 1614) 

The House amendment contained a provision (sec. 1609) that 

would limit 50 percent of the funding for the weather satellite follow-on program until the Secretary of the Air Force submits to the 

appropriate committees a plan for the Air Force to transfer, beginning with fiscal year 2018, the acquisition authority and the funding authority for certain space-based environmental monitoring 

missions from the Air Force to the National Reconnaissance Office 

(NRO), including a description of the amount of funds that would 

be necessary to be transferred from the Air Force to the NRO during fiscal years 2018 through 2022 to carry out such plan. 

The provision would direct the Director of the NRO to develop 

a plan to carry out certain space-based environmental monitoring 

missions. The provision would also require the Director of the Cost 

Assessment Improvement Group of the Office of the Director of National Intelligence, in coordination with the Director of the Cost Assessment and Program Evaluation of the Office of the Secretary of 

Defense, to certify the funding identified by the Secretary of the 

Air Force and the Director of the NRO is sufficient. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would allow the 

Secretary of the Air Force and the Director of the NRO to waive 

the limitation and requirement for a plan if the Under Secretary 

of Defense for Acquisition, Technology, and Logistics and the 

Chairman of the Joint Chiefs of Staff jointly certify that the Secretary of the Air Force is carrying out a formal acquisition program 

that has received milestone A approval to address the cloud characterization and theater weather imagery requirements of the Department of Defense. 

Five-year plan for Joint Interagency Combined Space Operations 

Center (sec. 1615) 

The Senate bill contained a provision (sec. 1604) that would require the Secretary of Defense to submit a 5-year plan for the Joint 

Interagency Combined Space Operations Center. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would require the 

Secretary of Defense to coordinate the required plan with the Director of National Intelligence. The amendment would also require 

that the plan be provided to the appropriate congressional committees within 90 days and that it include a description of the command and control of the related operations of the Joint Interagency 

Combined Space Operations Center. 

Organization and management of national security space activities 

of the Department of Defense (sec. 1616) 

The House amendment contained a provision (sec. 1611) that 

would state findings and the sense of Congress on the organization 


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and management of the national security space activities of the Department of Defense. The provision would also direct the Secretary 

of Defense and the Director of the Office of Management and Budget to each separately submit a report to the appropriate committees 

not later than 180 days after the date of the enactment of this Act 

on the recommendations to strengthen the leadership, management, and organization of the Department of Defense with respect 

to the national security space activities of the Department. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would require the 

reports required address the findings covered in the report of the 

Comptroller General of the United States numbered GAO–16–592R 

regarding space acquisition and oversight of the Department of Defense. 

Review of charter of Operationally Responsive Space Program Office 

(sec. 1617) 

The House amendment contained a provision (sec. 1612) that 

would direct the Secretary of Defense to conduct a review of the 

Operationally Responsive Space Program Office and submit a report to the congressional defense committees not later than 180 

days after the date of the enactment of this Act. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Backup and complementary positioning, navigation, and timing capabilities of Global Positioning System (sec. 1618) 

The House amendment contained a provision (sec. 1613) that 

would direct the Secretary of Defense, Secretary of Transportation, 

and Secretary of Homeland Security to jointly conduct a study to 

assess and identify the technology-neutral requirements to backup 

and complement the positioning, navigation, and timing (PNT) capabilities of the Global Positioning System for national security 

and critical infrastructure. The provision would also direct the Secretary of Defense, Secretary of Transportation, and Secretary of 

Homeland Security to submit a report to the appropriate congressional committees not later than 1 year after the date of the enactment of this Act on the study. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would expand 

upon the analysis of alternative requirements. 

The conferees assert that each Department should only fund 

activities which meet their own respective requirements. 

Report on use of spacecraft assets of the space-based infrared system 

wide-field-of-view program (sec. 1619) 

The House amendment contained a provision (sec. 1614) that 

would direct the Secretary of Defense, in coordination with the Director of National Intelligence, to submit a report on the feasibility 

of using available spacecraft assets of the space-based infrared system wide-field-of-view program to satisfy other mission requirements of the Department of Defense or the intelligence community. 

The Senate bill contained no similar provision. 

The Senate recedes with a technical amendment. 


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Provision of certain information to Government Accountability Office by National Reconnaissance Office (sec. 1620) 

The Senate bill contained a provision (sec. 1606) that would require the Comptroller General of the United States to conduct an 

assessment, for calendar year 2017 and each calendar year thereafter, of the cost, schedule, and performance of each program of the 

National Reconnaissance Office (NRO) for developing, acquiring, 

launching, and deploying satellites or overhead reconnaissance systems that receive funding from the Military Intelligence Program 

or is supported by personnel of the Department of Defense. The 

provision would also direct the director of the NRO to provide the 

Comptroller General access, in a timely manner, to the information 

the Comptroller General requires to conduct the assessment. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would require the 

Director of the NRO provide access to the Comptroller General of 

the United States, in a timely manner, to the cost, schedule, and 

performance information the Comptroller General requires to conduct assessments, as required by any of the appropriate congressional committees, of programs of the NRO. 

The conferees note that the committees of jurisdiction recognize the unique security requirements associated with classified 

and compartmented programs and activities. Access by the Comptroller General to such programs of the NRO will be carefully reviewed, similar to the manner of such access to such programs of 

the Department of Defense. Such access will be considered by the 

committees on a case-by-case basis. 

Cost-benefit analysis of commercial use of excess ballistic missile 

solid rocket motors (sec. 1621) 

The Senate bill contained a provision (sec. 1607) that would require the Comptroller General of the United States to conduct an 

analysis of the cost and benefits of allowing the use of excess ballistic missile solid rocket motors for commercial space launch purposes. The analysis would include an evaluation of the effect of allowing such use on national security, the Department of Defense, 

the solid rocket motor industrial base, the commercial space launch 

market, and any other areas the Comptroller General considers appropriate. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would require the 

Comptroller General to provide an interim briefing on March 17, 

2017 and a final briefing not later than 180 days after the date of 

enactment of this Act. 

Independent assessment of Global Positioning System Next Generation Operational Control System (sec. 1622) 

The Senate bill contained a provision (sec. 1605) that would require the Secretary of Defense to enter into an agreement with a 

federally funded research and development center to review the acquisition strategy for the Next Generation Operational Control System for the Global Positioning System. 

The House amendment contained no similar provision. 


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The House recedes with an amendment that would require the 

Secretary of Defense, not later than 60 days after the date of the 

enactment of this act, to enter into an arrangement with a federally funded research and development center, or other appropriate 

independent entity to review the acquisition strategy for the Next 

Generation Operational Control System for the Global Positioning 

System. The amendment would also add a requirement that the 

independent assessment evaluate the ability of alternative systems 

to satisfy the requirements of the Department of Defense. 

Subtitle B—Defense Intelligence and Intelligence-Related Activities 

Report on United States Central Command Intelligence Fusion Center (sec. 1631) 

The House amendment contained a provision (sec. 1622) that 

would limit funding until the Commander of the United States 

Central Command submits to the appropriate committees reports 

on the steps taken by the Commander to formalize and disseminate 

procedures for the Intelligence Fusion Center of the United States 

Central Command and on the steps taken by the Commander to 

address the findings of the final report of the Inspector General of 

the Department of Defense (IG). 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment to remove the funding 

limitations and the requirement to provide a report on the findings 

of the final report of the Inspector General of the Department of 

Defense. 

The conferees urge the Inspector General of the Department of 

Defense to finalize its investigation into the Directorate for Intelligence at United States Central Command and, if related allegations are substantiated, provide recommendations on any corrective 

measures that should be undertaken. The conferees also direct the 

Secretary of Defense to provide the appropriate congressional committees a briefing on the Department’s views of the final IG report 

within 60 days of the report’s completion. 

Prohibition on availability of funds for certain relocation activities 

for NATO Intelligence Fusion Cell (sec. 1632) 

The House amendment contained a provision (sec. 1623) that 

would limit 15 percent of the increase in spending for manpower 

for the Joint Intelligence Analysis Complex until the Secretary of 

Defense provides a revised analysis of alternatives to the congressional defense committees and the Permanent Select Committee on 

Intelligence of the House of Representatives for the basing of a new 

complex. The new analysis should be based on operational requirements and costs and informed by the findings of the report of the 

Comptroller General of the United States on the Joint Intelligence 

Analysis Complex cost estimating and basing decision process. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would prohibit 

funds authorized to be appropriated by this Act or otherwise made 

available for fiscal year 2017 for operation and maintenance to be 

obligated or expended for the procurement of certain supplies and 

equipment for the relocation of the NATO Intelligence Fusion Cell 


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(NIFC) to Royal Air Force Base Croughton, United Kingdom, and 

would also require the Secretary of Defense in coordination with 

the Director of National Intelligence to submit a report on the requirements and costs associated with such a relocation. 

Survey and review of Defense Intelligence Enterprise (sec. 1633) 

The Senate bill contained a provision (sec. 1671) that would require the Chairman of the Joint Chiefs of Staff to conduct a review 

of the Defense Intelligence Enterprise, including the defense intelligence agencies and intelligence elements of the combatant commands and military departments, to assess the capabilities and capacity of such Enterprise to meet present and future defense intelligence requirements and to report to appropriate congressional 

committees. 

The House amendment contained no similar provision. 

The House recedes with a clarifying amendment. 

Subtitle C—Cyberspace-Related Matters 

Special emergency procurement authority to facilitate the defense 

against or recovery from a cyber attack (sec. 1641) 

The House amendment contained a provision (sec. 1631) that 

would modify the current special procurement authority in section 

1903(a)(2) of title 41, United States Code, to include use of such authority for recovery from or defense against cyber attacks. 

The Senate bill contained a similar provision (sec. 829C) to 

provide special emergency procurement authority in title 10, 

United States Code. 

The Senate recedes. 

Limitation on termination of dual-hat arrangement for Command of 

the United States Cyber Command (sec. 1642) 

The Senate bill contained a provision (sec. 1633) that would express the sense of Congress that the arrangement (commonly referred to as a ‘‘dual-hat arrangement’’) under which the Commander of the United States Cyber Command (CYBERCOM) also 

serves as the Director of the National Security Agency is in the national security interests of the United States. The provision would 

also prohibit the Secretary of Defense from taking action to end the 

‘‘dual-hat arrangement’’ until the Secretary and the Chairman of 

the Joint Chiefs of Staff jointly determine and certify to the appropriate committees of Congress that ending that arrangement will 

not pose unacceptable risks to the military effectiveness of 

CYBERCOM. The provision would also require the establishment 

of conditions-based criteria for assessing the need to sustain the 

‘‘dual-hat arrangement.’’ 

The House amendment contained no similar provision. 

The House recedes with a clarifying amendment. 

Cyber mission forces matters (sec. 1643) 

The Senate bill contained a provision (sec. 1632) that would 

provide interim authorities to the Secretary of Defense to enhance 

the Department’s ability to hire and retain civilian personnel with 

the high-level of skill and aptitude necessary to provide critical 


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technical support to the Cyber Mission Teams that are now nearing 

full operational capability. The provision also would direct the 

Principal Cyber Advisor to (1) supervise the development of training standards and capacity to train civilian cyber personnel to develop tools and weapons for the Cyber Mission Forces and (2) ensure that sufficient priority exists for the timely completion of security clearance investigations and adjudications for such personnel. 

The House amendment contained no similar provision. 

The House recedes with a technical amendment. 

Requirement to enter into agreements relating to use of cyber opposition forces (sec. 1644) 

The House amendment contained a provision (sec. 1633) that 

would require the Secretary of Defense to enter into agreements 

with each combatant command relating to the use of cyber opposition forces by September 30, 2017. This section would also require 

the development of a joint certification and training standard for 

cyber opposition forces by March 31, 2017. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would include an 

additional requirement for the Secretary of Defense to issue a joint 

training and certification standard by June 30, 2017 for the protection of control systems for use by all cyber operations forces within 

the Department of Defense. 

Cyber protection support for Department of Defense personnel in positions highly vulnerable to cyber attack (sec. 1645) 

The Senate bill contained a provision (sec. 1631) that would 

authorize the Secretary of Defense to provide cyber protection support to personnel who are determined by the Secretary to be of 

highest risk of vulnerability to cyber attacks on their personal devices, networks, and persons. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would clarify that 

the providing of cyber protection support is at the discretion of the 

Secretary of Defense and that nothing in the provision should be 

construed to encourage personnel of the Department of Defense to 

use personal technology devices for official business or to authorize 

cyber protection team support for senior Department personnel 

using personal devices and networks in an official capacity. 

Limitation on full deployment of joint regional security stacks (sec. 

1646) 

The House amendment contained a provision (sec. 1634) that 

would limit the amount of authorized funds available to be obligated or expended in fiscal year 2017 for cryptographic systems 

and key management infrastructure until the Secretary of Defense, 

in coordination with the Director of the National Security Agency, 

provides a report on the integration of the cryptographic modernization and key management infrastructure programs of the 

military departments, including a description of how the military 

departments have implemented stronger leadership, increased integration, and reduced redundancy with respect to such modernization and programs. 


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The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would prohibit 

any Department of Defense service or agency from declaring full 

operational capability for deployment of joint regional security 

stacks until such time as the service or agency has completed operational test and evaluation activities to determine the effectiveness, 

suitability, and survivability of the system. The provision would 

allow this requirement to be waived under certain circumstances. 

The conferees direct the Department of Defense to provide a 

briefing to the Armed Services Committee of the Senate and House 

of Representatives, as well as the House Permanent Select Committee on Intelligence, no later than 60 days after the enactment 

of this Act, on the progress and activities of the Communications 

Security Review and Advisory Board. The conferees recognize the 

importance of cryptographic modernization and key management 

programs with the Department in providing critical encryption and 

communications security capabilities for the Department, and remain focused on ensuring such activities are coordinated and managed across the military services and Defense Agencies in a reasonable manner. The conferees encourage the Department to strengthen mechanisms like the Communications Security Review and Advisory Board in order to maintain oversight across the Department 

and deliver those capabilities in a timely and cost effective manner. 

Advisory committee on industrial security and industrial base policy (sec. 1647) 

The House amendment contained a provision (sec. 1637) that 

would require the Secretary of Defense to: (1) assess the sufficiency 

of the Department of Defense’s regulatory mechanisms for secure 

defense information held by cleared defense contractors to determine whether there are any gaps that may undermine the protection of such information; and (2) prescribe regulations to improve 

security of such information. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would establish 

an advisory committee to review, assess, and make recommendations with respect to industrial security and industrial base policy. 

The committee should meet at least annually until its termination 

on September 30, 2022. 

Change in name of National Defense University’s Information Resources Management College to College of Information and 

Cyberspace (sec. 1648) 

The House amendment contained a provision (sec. 1632) that 

would modify section 2165 of title 10, United States Code, to 

change the name of the Information Resources Management College to the College of Information and Cyberspace. 

The Senate bill contained no similar provision. 

The Senate recedes with a technical amendment. 

Evaluation of cyber vulnerabilities of F–35 aircraft and support systems (sec. 1649) 

The Senate bill contained a provision (sec. 1635) that would 

modify a provision from the National Defense Authorization Act for 


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Fiscal Year 2016 (Public Law 114–92), requiring the Secretary of 

Defense to evaluate the cyber vulnerabilities of every major Department of Defense weapons system by not later than December 

31, 2019. The provision would do so by requiring that a complete 

evaluation of the F–35 aircraft and its support systems, such as the 

Autonomic Logistics Information System, be completed before February 1, 2017. The provision would require the Secretary of Defense to submit a report on the F–35 cyber vulnerability evaluation 

to the congressional defense committees no later than February 28, 

2017. The provision would also allow for funding to be used for the 

development of tools that improve cyber vulnerability assessments, 

non-recurring engineering for the design of mitigation solutions, 

and Department-wide information repositories to share assessment 

findings and mitigation solutions. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would require the 

evaluation of cyber vulnerabilities of the F–35 and support systems 

not later than 120 days after the date of enactment of this act. The 

amendment would also require the report on the evaluation completed to be submitted to the congressional defense committees not 

later than 180 days after the date of enactment. 

Evaluation of cyber vulnerabilities of Department of Defense critical 

infrastructure (sec. 1650) 

The Senate bill contained a provision (sec. 1637) that would require the Secretary of Defense to evaluate the cyber vulnerabilities 

of Department of Defense critical infrastructure by not later than 

December 31, 2020. 

The Senate bill also contained a provision (sec. 1634) that 

would authorize the Secretary of Defense to carry out a Pilot program on application of consequence-driven, cyber-informed engineering to mitigate against cyber-security threats. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would combine 

the two Senate provisions. 

Strategy to incorporate Army reserve component cyber protection 

teams into Department of Defense cyber mission force (sec. 

1651) 

The House amendment contained a provision (sec. 1639) that 

would require the Secretary of the Army to provide a briefing on 

a strategy for incorporating Army National Guard protection teams 

into the cyber mission force of the Department of Defense. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would expand the 

scope of the strategy to include both the Army National Guard and 

the other reserve components of the Army. 

Strategic plan for the Defense Information Systems Agency (sec. 

1652) 

The Senate bill contained a provision (sec. 1636) that would require the Director of the Defense Information Systems Agency 

(DISA) to develop a technology strategy. 

The House amendment contained no similar provision. 


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The House recedes with an amendment that requires the Director of DISA to develop a strategic plan that reviews the requirements and missions of the agency, and assesses the adequacy of 

the technology strategy, workforce, and facilities to meet those requirements. 

The conferees note that the Secretary of Defense is making efforts to increase the department’s use of and exposure to innovative 

commercial information technologies and increase outreach to innovative small businesses in locations including Silicon Valley. Many 

of the technologies and systems of interest are within the mission 

area of DISA. 

However, the conferees note with acute concern that at the 

same time this trend is occurring to seek out and exploit new commercial innovation, DISA appears to be reducing its support for research and technology innovation, and has limited connectivity and 

coordination with other science and technology activities of the Department of Defense. The conferees believe that for a technology organization to eliminate its funding for flexible exploration of new 

technology is short-sighted and detrimental to the long term health 

of the organization. The conferees are concerned that DISA has not 

adequately linked its research and technology needs in a way to 

support the overall missions of the Agency, which has repercussions on the workforce it is able to attract, and the quality of support it is able to provide the warfighter. To use one example, the 

conferees believe that such behavior has impacted the ability of the 

Agency to fully realize the benefits, as well as the operational challenges and potentialities of emerging technologies like cloud and 

mobile computing, cyber defense and big data analytics. That impacts interactions with industry, but the conferees also believe that 

DISA has not adequately leveraged potential relationships with 

DOD labs and other innovative research activities. The conferees 

believe that through the process of developing a regular strategic 

plan, the Director of DISA should be taking the opportunity to develop closer coordination with appropriate research and development organizations in the Office of the Secretary of Defense and 

the Military Services to improve DISA’s innovative capacity, 

strengthen its R&D programs, and improve DOD’s ability to adopt 

the best commercial and other information technologies to support 

defense missions. 

Plan for information security continuous monitoring capability and 

comply-to-connect policy; limitation on software licensing (sec. 

1653) 

The Senate bill contained a provision (sec. 1638) that would require the Chief Information Officer of the Department of Defense 

and the Commander of United States Cyber Command, in coordination with the Principal Cyber Adviser, to jointly develop a plan 

for a modernized, enterprise-wide information security continuous 

monitoring capability and a comply-to-connect policy. 

The House amendment contained no similar provision. 

The House recedes with a technical amendment. 


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Reports on deterrence of adversaries in cyberspace (sec. 1654) 

The Senate bill contained a provision (sec. 1639) that would require the Secretary of Defense to submit a report to the congressional defense committees specifying in detail the authorities that 

have been delegated by the President to the Secretary for conducting cyber operations. The report would require the Secretary to 

detail the standing authorities and limitations that authorize or 

limit the Secretary in conducting cyber operations and how those 

authorities compare to the authorities delegated to the Secretary 

for activities in non-cyber domains. 

The Senate bill also contained a provision (sec. 1640) that 

would require the Chairman of the Joint Chiefs of Staff to submit 

to the President and the congressional defense committees a report 

on the military and nonmilitary options available to the United 

States to deter Russia, China, Iran, North Korea, and terrorist organizations in cyberspace. The provision would require the report 

to include an assessment of the effectiveness of the deterrence options available. It also would require the Chairman provide an integrated priorities list of cyber deterrence capabilities of the Department of Defense that identify, at a minimum, high priority capability needs prioritized across armed forces and functional lines, 

risk areas, and long-term strategic planning issues. The provision 

would also require within 60 days of receiving the report from the 

Chairman of the Joint Chiefs of Staff, that the President submit to 

the congressional defense committees a separate report identifying 

when an action carried out in cyberspace constitutes an act of war 

against the United States. The report would include (1) identification of what actions carried out in cyberspace constitute an act of 

war against the United States; (2) identification of how the law of 

war applies to the cyber operations of the Department of Defense; 

(3) identification of the circumstances required for responding to a 

cyber attack against the United States; and (4) a declaratory policy 

on the use of cyber weapons by the United States. 

The House amendment contained a related provision (sec. 

1636) that would require the Secretary of Defense submit a report 

to the congressional defense committees on the policies, doctrine, 

procedures, and authorities governing Department of Defense activities in response to malicious cyber activities carried out against 

the United States or United States persons by foreign states or 

non-state actors. 

The House recedes with an amendment that would combine 

the three related provisions. 

The conferees note that in preparing the report required by the 

provision the President shall consider (1) what severity of cyber attack would elicit a military response; (2) The ways in which the effects of a cyber attack may be equivalent to effects of an attack 

using conventional kinetic weapons, including with respect to physical destruction or casualties; (3) intangible effects of significant 

scope, intensity, or duration; and (4) how the law of neutrality applies, how the utilization or exploitation of communications infrastructure in neutral States applies, and what limitations, if any, 

apply in exercising the right of the United States to act in self-defense through a cyber-operation. 


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Sense of Congress on cyber resiliency of the networks and communications systems of the National Guard (sec. 1655) 

The House amendment contained a provision (sec. 1638) that 

would assert the sense of Congress concerning cyber resiliency of 

the networks and communications systems of the National Guard. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that encourages the 

National Guard to budget within National Guard resources. 

Subtitle D—Nuclear Forces 

Improvements to Council on Oversight of National Leadership Command, Control, and Communications System (sec. 1661) 

The Senate bill contained a provision (sec. 1652) that would 

modify an existing report and add an assessment of the readiness 

of the command, control, and communications system for the national leadership of the United States. 

The House amendment contained a similar provision (sec. 

1641) that would require a report on space architecture development and limits funding to make changes to the command, control, 

and communications system in a manner that reduces warning 

time provided to the national leadership of the United States with 

respect to a warning of a strategic missile attack on the United 

States. 

The conference agreement includes both the House and Senate 

provisions. 

The General Accountability Office (GAO) in its report titled 

Nuclear Command, Control, and Communications: DOD Has Taken 

Steps to Address Sustainment and Maintenance Challenges for 

Critical Satellite Systems but Could Better Identify Risks and Mitigation Actions, GAO–16–370C (May 26, 2016). In that report the 

GAO highlighted a number of concerns regarding critical satellite 

systems used for nuclear command, control, and communications 

and recommended the Department of Defense take action to improve the identification of risks and mitigation actions. DOD, in its 

official response to GAO’s report, disagreed with GAO’s recommendation. The department stated that it understood the concerns that GAO raised in respect to risks to these systems, but 

stated that DOD has a strong governance and oversight structure. 

The department asserted that it believes the actions taken to date 

address risk at an acceptable level with the transition of these satellite systems to their replacement systems. 

Given the concerns raised by the GAO in its report, the conferees direct the Council on Oversight of the National Leadership 

Command, Control, and Communications System to provide a written assessment to the congressional defense committees that details (1) the actions the department has taken to identify the risks 

associated with the transition of these critical satellite systems, (2) 

information about the department’s evaluation of the acceptability 

of each of the identified risks, and (3) information regarding actions 

the department has identified to mitigate these risks. The committee directs the Council to provide its written assessment to the 

congressional defense committees no later than February 28, 2017. 


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Treatment of certain sensitive information by State and local governments (sec. 1662) 

The Senate bill contained a provision (sec. 1055) that would 

authorize the Secretary of Defense to designate information as 

being Department of Defense critical infrastructure security information to ensure that such information is not disseminated without 

authorization. 

The House amendment contained a similar provision (sec. 

1642). 

House recedes with technical and conforming amendments. 

Procurement authority for certain parts of intercontinental ballistic 

missile fuzes (sec. 1663) 

The Senate bill contained a provision (sec. 1651) that would 

give the Department of Defense the authority to buy intercontinental ballistic missile fuze parts. 

The House amendment contained an identical provision (sec. 

1643). 

The conference agreement includes this provision. 

Prohibition on availability of funds for mobile variant of groundbased strategic deterrent missile (sec. 1664) 

The House amendment contained a provision (sec. 1644) that 

would prohibit funds authorized to be appropriated to retain the 

option for, or develop, a mobile variant of the ground-based strategic deterrent missile. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Limitation on availability of funds for extension of New START 

Treaty (sec. 1665) 

The House amendment contained a provision (sec. 1645) that 

would limit authorized funds to be appropriated for the Department of Defense to extend the New Start Treaty under certain circumstances. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would change the 

reporting period from 180 days to 120 days following the submission of both the report required by the provision and the National 

Intelligence Estimate. 

Certifications regarding integrated tactical warning and attack assessment mission of the Air Force (sec. 1666) 

The House amendment contained a provision (sec. 1646) that 

would require the Secretary of the Air Force to consolidate under 

a major command, commanded by a single general officer, the responsibility, authority, accountability, and resources for carrying 

out the nuclear command, control, and communications functions of 

the Air Force by March 31, 2017. This consolidation would be required to include, at a minimum, all terrestrial and aerial components of the nuclear command and control system that are survivable and endurable, as well as all terrestrial and aerial components 

of the integrated tactical warning and attack assessment (ITW/AA) 

system that are survivable and endurable. 


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The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would require 

that, not later than March 31, 2017 and each year through 2020, 

the Commander of the U.S. Strategic Command certify to the Secretary of Defense and the congressional defense committees that 

the Air Force is organized, staffed, trained and equipped to carry 

out the portions of the ITW/AA system assigned to the Air Force 

that are survivable and endurable. The Commander would further 

be required to certify that the programs and plans of the Air Force 

for sustaining, modernizing, training and exercising capabilities relating to such missions are sufficient for mission success. If the 

Commander of the U.S. Strategic Command does not make such a 

certification, the Secretary of the Air Force would be required to 

immediately consolidate the terrestrial and aerial components of 

the ITW/AA system that are survivable and enduring under the Air 

Force Global Strike Command. The amendment also contains a 

rule of construction that this section may not be construed to affect 

any responsibilities relating to the ITW/AA system in effect on the 

date of enactment of this Act pursuant to certain agreements between the United States and Canada. 

Matters relating to intercontinental ballistic missiles (sec. 1667) 

The House amendment contained a provision (sec. 1649A) that 

would state the policy of the United States to maintain and modernize a responsive and alert intercontinental ballistic missile force 

and prohibit (1) funding for reducing the responsiveness or alert 

level of the intercontinental ballistic missiles of the United States 

and (2) reducing the quantity of deployed intercontinental ballistic 

missiles of the United States to less than 400. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would drop the 

policy statement and add an element on cost to the reporting requirement. 

Requests for forces to meet security requirements for land-based nuclear forces (sec. 1668) 

The Senate bill contained a provision (sec. 1655) that would require the Secretary of Defense and the Chairman of the Joint 

Chiefs of Staff to decide if the land-based missile fields using UH– 

1N helicopters meet security requirements and if there are any 

shortfalls or gaps in meeting such requirements. 

The House amendment contained a similar provision (sec. 

1649) that would require the Chairman of the Joint Chiefs of Staff 

to certify to the congressional defense committees that the Chairman has approved any requests for forces of a commander of a 

combatant command to meet the security requirements of landbased nuclear forces. 

The Senate recedes with an amendment that would combine 

the two provisions while eliminating the certification required 

under the House provision. The provision includes a restriction of 

25 percent on travel and representational expenses of the Under 

Secretary of Defense for Acquisition, Technology, and Logistics 

until the Under Secretary certifies that there is an acquisition 


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process in place to ensure that a UH–IN replacement aircraft is 

under contract in fiscal year 2018. 

Report on Russian and Chinese political and military leadership 

survivability, command and control, and continuity of government programs and activities (sec. 1669) 

The House amendment contained a provision (sec. 1647) that 

would require the Director of National Intelligence to submit to the 

appropriate congressional committees, a report on the leadership 

survivability, command and control, and continuity of government 

programs and activities with respect to the People’s Republic of 

China and the Russian Federation. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Review by the Comptroller General of the United States of recommendations relating to nuclear enterprise of Department of 

Defense (sec. 1670) 

The Senate bill contained a provision (sec. 1653) that would require the Comptroller General to review the Department of Defense’s nuclear enterprise review process to ascertain whether recommendations are adequately being implemented. 

The House amendment contained no similar provision. 

The House recedes. 

Sense of Congress on nuclear deterrence (sec. 1671) 

The Senate bill contained a provision (sec. 1654) that would 

state the sense of Congress that the nuclear forces of the United 

States continue to play a fundamental role in deterring aggression 

against the interests of the United States and its allies. It also 

states that the prevention of war through effective deterrence requires survivable and flexible nuclear forces that are well exercised 

and ready to respond to nuclear escalation if necessary. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would update the 

provision to take into account the July 2016 NATO Warsaw Summit communique. 

Sense of Congress on importance of independent nuclear deterrent 

of United Kingdom (sec. 1672) 

The House amendment contained a provision (sec. 1648) that 

would express the sense of Congress that the United States believes that the independent nuclear deterrent and decision-making 

of the United Kingdom provides a crucial contribution to international stability, the North Atlantic Treaty Organization alliance, 

and the national security of the United States. 

The Senate bill contained no similar provision. 

The Senate recedes. 


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Subtitle E—Missile Defense Programs 

National missile defense policy (sec. 1681) 

The Senate bill contained a provision (sec. 1665) that would remove the word ‘‘limited’’ from Section 2 of the National Missile Defense Act of 1999 (Public Law 106–38; 10 U.S.C. 2431 note). 

The House amendment contained a similar provision (sec. 

1665) that would replace the National Missile Defense Act of 1999 

with new policy language to the effect that the United States 

should maintain and improve a robust layered missile defense system capable of defending the territory of the United States and its 

allies against the developing and increasingly complex ballistic 

missile threat. 

The Senate recedes with an amendment that would add to the 

House provision language making it clear that the United States 

should deploy effective missile defense systems. 

The conferees note, nothing in this legislative provision requires or directs the development of missile defenses against any 

country or its strategic nuclear forces. 

Extensions of prohibitions relating to missile defense information 

and systems (sec. 1682) 

The Senate bill contained a provision (sec. 1666) that would extend prohibitions relating to missile defense information and systems as described in section 130h(d) of title 10, United States Code, 

to 2018. 

The House amendment contained a provision (sec. 1651) that 

would prohibit funds to integrate a missile defense system of the 

Russian Federation or a missile defense system of the People’s Republic of China into any missile defense system of the United 

States, and which would extend this prohibition, and a prohibition 

on sharing certain missile defense information with Russia, to 

2027. 

The Senate recedes with an amendment that would extend the 

current prohibitions by two years to January 1, 2019. 

Non-terrestrial missile defense intercept and defeat capability for 

the ballistic missile defense system (sec. 1683) 

The Senate bill contained a provision (sec. 1663) that would 

amend section 1685 of the National Defense Authorization Act for 

Fiscal Year 2016 by adding at the end a new subsection stating 

that no later than 60 days after the submittal of the report required, the Director may commence coordination and activities associated with research, development, test, and evaluation on the 

programs described. 

The House amendment contained a similar provision (sec. 

1656) that would require the Director of the Missile Defense Agency to commence the planning for concept definition, design, research, development, engineering evaluation, and test of a spacebased ballistic missile intercept and defeat layer to the ballistic 

missile defense system, including with respect to a space test bed 

for a missile interceptor capability, and submit a detailed budget 

and development plan for these activities with the budget of the 

president submitted for fiscal year 2018. 


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The House recedes. 

The conferees note that while the United States enjoys a measure of protection against ballistic missiles of all ranges, the ballistic 

missile threat—including to the U.S. homeland—continues to grow. 

The 2010 Ballistic Missile Defense Review noted, ‘‘It is difficult to 

predict precisely how the threat to the U.S. homeland will evolve, 

but it is certain that it will do so.’’ The conferees agree and received testimony that the threat from ballistic missiles has continued to grow in numbers and in range and countermeasures, making missiles more complex, survivable, reliable, and accurate. 

Likewise, the conferees observe that United States space assets 

are under increasing threat. Director of National Intelligence, 

James Clapper, testified before the Senate Armed Services Committee on February 9, 2016 that ‘‘Threats to our use of military, 

civil, and commercial space systems will increase in the next few 

years as Russia and China progress in developing counterspace 

weapon systems to deny, degrade, or disrupt U.S. space systems.’’ 

And that ‘‘Russia and China continue to pursue weapons systems 

capable of destroying satellites on orbit, placing U.S. satellites at 

greater risk in the next few years. China has probably made 

progress on the antisatellite missile system that it tested in July 

2014.’’ 

All of this is to suggest that the United States cannot stop exploring new and more effective means for protecting our homeland 

and forces against ballistic missile threats and for guarding our 

critical civilian and military space assets. This provision encourages the Department of Defense to examine the feasibility of defeating such threats with a new generation of missile defense capabilities based in space. 

Review of the missile defeat policy and strategy of the United States 

(sec. 1684) 

The Senate bill contained a provision (sec. 1664) that would require the Secretary of Defense and the Chairman of the Joint 

Chiefs of Staff to conduct a review of the strategy, programs and 

capabilities to counter cruise and ballistic missiles prior to launch 

using the full range of active, passive, kinetic, and non-kinetic defense measures. 

The House amendment contained a provision (sec. 1652) that 

required the Secretary of Defense and the Chairman of the Joint 

Chiefs of Staff to conduct a new review of the missile defeat capability, policy, and strategy of the United States with respect to left 

and right of launch ballistic missile defense, for both regional and 

homeland missile defense, incorporating the full range of active, 

passive, kinetic and non-kinetic defense measures, and integrating 

offensive and defensive forces for the defeat of ballistic and cruise 

missiles. 

The House amendment also contained a provision (sec. 1662) 

that required the Secretary of Defense and the Chairman of the 

Joint Chiefs of Staff to submit to the congressional defense committees the classified and unclassified declaratory policy of the United 

States regarding the use of the left-of-launch capability of the 

United States and how the Secretary and Chairman intend to ensure such capability is a deterrent to attacks by adversaries. 


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The Senate recedes with an amendment that combines the 

three provisions into a single provision with technical changes to 

the former House provision (sec. 1652). The new provision reduces 

the prohibition on acquisition changes to the Missile Defense Agency to two years, rather than the indefinite period included in the 

original House provision. 

Maximizing Aegis Ashore capability and developing medium range 

discrimination radar (sec. 1685) 

The House amendment contained a provision (sec. 1654) that 

would require the Secretary of Defense to conduct a complete evaluation of the optimal anti-air warfare capability for each current 

Aegis Ashore site and as part of any future deployment by the 

United States of an Aegis Ashore site. The provision also required 

the Director of the Missile Defense Agency to notify Congress 

whether the preferred location for fielding a medium range ballistic 

missile defense radar for the defense of Hawaii would require an 

updated environmental impact statement. The Department would 

also be required to conduct an assessment of the ballistic and air 

threat against Hawaii and the efficacy of making the Aegis Ashore 

site at the Pacific Missile Range Facility operational and deploying 

the preferred alternative for fielding a medium range ballistic missile defense sensor for the defense of Hawaii. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would require the 

Secretary of Defense to continue the development, procurement, 

and deployment of anti-air warfare capabilities at each Aegis 

Ashore site in Romania and Poland. 

The provision also requires the Director of the Missile Defense 

Agency, if he determines that an updated environmental impact 

statement is required for fielding a medium range ballistic missile 

defense sensor for the defense of Hawaii, to commence such action 

not later than 60 days after the date of notification. 

With respect to the requirement for an evaluation of the ballistic and air threat to Hawaii and the efficacy of various defensive 

measures, the conferees note that the Department has already submitted reports addressing the various alternatives and therefore 

expect the Department only to provide an update. 

Technical authority for integrated air and missile defense activities 

and programs (sec. 1686) 

The House amendment contained a provision (sec. 1655) that 

would allow the Director of the Missile Defense Agency to seek to 

have staff detailed to the Missile Defense Agency from the Joint 

Functional Component Command for Integrated Missile Defense 

and the Joint Integrated Air and Missile Defense Organization in 

a number the Director determines necessary. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Hypersonic defense capability development (sec. 1687) 

The House amendment contained a provision (sec. 1657) that 

would require the Director of the Missile Defense Agency to establish a program of record in the ballistic missile defense system to 


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develop and field a defensive system to defeat hypersonic boostglide and maneuvering ballistic missiles. A limitation was placed 

on funding for certain headquarters operations in the Office of the 

Secretary of Defense until such a program of record is created. A 

report to Congress on the Missile Technology Control Regime 

(MTCR) was also required. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would direct that 

the Director of the Missile Defense Agency serve as the executive 

agent for the Department of Defense for the development of a capability to counter hypersonic boost-glide vehicle capabilities and conventional prompt global strike capabilities that may be employed 

against the U.S., its allies, and U.S. deployed forces, and establish 

a program of record for such capability not later than September 

30, 2017. Reports to Congress must be provided on the architecture 

and sensors needed to detect hypersonic threats and on the military capabilities and capability gaps related to the threat posed by 

hypersonic boost-glide vehicles and maneuvering ballistic missiles. 

The limitation on funds and the MTCR report were removed. 

Conventional Prompt Global Strike weapons system (sec. 1688) 

The Senate bill contained a provision (sec. 1672) that would require the Secretary of Defense to make a Milestone A decision for 

Conventional Prompt Global Strike no later than September 30, 

2020, or 8 months after the successful completion of the Intermediate Range Flight 2 test. 

The House amendment contained a similar provision (sec. 

1659) that would make no more than 75 percent of funds be obligated or expended for research, development, test, and evaluation, 

for the conventional prompt global strike until the Chairman of the 

Joint Chiefs of Staff submits to the congressional defense committees a report on warfighter requirements and whether the program 

schedule supports such requirements. 

The Senate recedes with an amendment that would combine 

the two provisions, merging the Senate provision into the House 

amendment. 

Required testing by Missile Defense Agency of ground-based midcourse defense element of ballistic missile defense system (sec. 

1689) 

The Senate bill contained a provision (sec. 1661) that would require the Director of the Missile Defense Agency to administer a 

flight test of the ground-based mid-course defense element of the 

ballistic missile defense system not less frequently than once each 

fiscal year and allows certain exceptions. 

The House amendment contained no similar provision. 

The House recedes with a clarifying amendment. 

Iron Dome short-range rocket defense system and Israeli cooperative 

missile defense program codevelopment and coproduction (sec. 

1690) 

The Senate bill contained a provision (sec. 1662) that would 

authorize not more than $42.0 million for the Missile Defense 

Agency to provide to the Government of Israel to procure Tamir 


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interceptors for the Iron Dome short-range rocket defense system 

through co-production of such interceptors in the United States, including certain conditions. 

The House amendment contained a similar provision (sec. 1653) that would authorize not more than $62.0 million for the 

Missile Defense Agency to provide to the Government of Israel to 

procure Tamir interceptors for the Iron Dome short-range rocket 

defense system through coproduction of such interceptors in the 

United States by industry of the United States, including certain 

conditions. The House provision would also authorize not more 

than $150.0 million to procure the David’s Sling weapon system 

and not more than $120.0 million for the Arrow 3 Upper Tier interceptor program, including for coproduction of parts and components 

in the United States, subject to certain certifications. 

The House recedes with an amendment that would combine 

the two provisions with certain technical corrections and clarifications. The certification concerning the requirement for a bilateral 

international agreement required by the provision may be waived 

if the Under Secretary certifies that the funds specified for the David’s Sling weapon system and for the Arrow 3 Upper Tier interceptor program are provided to Israel solely for funding the procurement of long-lead components and critical hardware in accordance with a production plan and funding profile detailing Israeli 

contributions and if the long-lead procurement will be conducted in 

a manner that does not incur nonrecurring engineering activity or 

additional cost to United States suppliers. The agreement authorizes $62.0 million to procure Tamir interceptors, the amount prescribed in the House amendment. 

Limitations on availability of funds for lower-tier air and missile 

defense capability of the Army (sec. 1691) 

The House amendment contained a provision that would limit 

the obligation or expenditure of fifty percent of the amount authorized to be appropriated in fiscal year 2017 for the Patriot Lower 

Tier Air and Missile Defense (LTAMDS) capability of the Army 

until certain conditions are met. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would reduce the 

limitation to twenty-five percent of the funds authorized to be appropriated for LTAMDS Research, Development, Test and Evaluation (RDT&E). The amendment would also amend the conditions 

the Department of Defense would need to meet to lift the limitation 

on funds. 

The conferees note that the amended provision would not require either a Capabilities Development Document in 2017 or Low 

Rate Initial Production earlier than 2021, nor is it the conferees intent to mandate such actions. 

The conferees agree on the vital importance of the expeditious 

fielding of a lower tier air and missile defense capability that meets 

the needs of our warfighters and seamlessly integrates with the nation’s other deployed, or planned to be deployed, air and missile defense capabilities. 

The conferees also note the Government Accountability Office’s 

(GAO) recent report on the Army’s strategy for modernizing the PaVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 01302 Fmt 6601 Sfmt 6601 E:\HR\OC\HR840.XXX HR840

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triot missile defense system found that throughput limitations 

under the Army’s current maintenance schedule present an elevated risk of equipment failure. The conferees are concerned that 

potential delays in modernizing Patriot systems, components, and 

software will amplify these risks as units continue to train, deploy, 

and operate legacy Patriot equipment at a high tempo over an extended period. 

Therefore, the conferees direct GAO to assess the Army’s Patriot maintenance and recapitalization plans to ensure that operational needs are met. As part of its assessment, the conferees direct the GAO to review whether Patriot units are undergoing sufficient maintenance in between deployments, and the extent to 

which the Army has identified and assessed options for increasing 

its maintenance throughput, including associated costs and impacts 

on Patriot training and operations. The GAO also should assess 

whether and how the Army plans to mitigate the risk of equipment 

failure should Patriot modernization efforts be delayed. The GAO 

shall complete its review and report to congressional defense committees at an agreed upon date. 

Pilot program on loss of unclassified, controlled technical information (sec. 1692) 

The House amendment contained a provision (sec. 1660) that 

would require the Director of the Missile Defense Agency to carry 

out a pilot program to implement improvements to the data protection options in the programs of the Missile Defense Agency, particularly with respect to unclassified, controlled technical information and controlled unclassified information. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Plan for procurement of medium-range discrimination radar to improve homeland missile defense (sec. 1693) 

The House amendment contained a provision (sec. 1663) that 

would require the Director of the Missile Defense Agency to plan 

to procure a medium range discrimination radar or equivalent sensor to improve homeland missile defense of Hawaii, and to issue a 

request for proposals for the medium-range discrimination radar no 

later than October 1, 2017. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would clarify that 

the Missile Defense Agency shall develop a plan to procure a medium-range discrimination radar or equivalent sensor to improve 

homeland missile defense for Hawaii and to field such radar or 

equivalent sensor by not later than December 31, 2021, and that 

the Director shall submit the plan to the congressional defense 

committees not later than 60 days after enactment. 

Review of Missile Defense Agency budget submissions for groundbased midcourse defense and evaluation of alternative groundbased interceptor deployments (sec. 1694) 

The House amendment contained a provision (sec. 1661) that 

would require the Director of Cost Assessment and Program Evaluation to submit to the congressional defense committees a report 


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on the modernization requirements for the ground-based midcourse 

defense system. The provision would also require the Commander 

of United States Northern Command to certify the level of funding 

for the ground-based midcourse defense system, and an evaluation 

of transportable ground-based interceptors by the Director of the 

Missile Defense Agency. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would strike the 

certification required by the Commander of United States Northern 

Command, and make it clear that the industrial base requirements 

required by the report be those requirements generally understood 

by the Missile Defense Agency. 

Semiannual notifications on missile defense tests and costs (sec. 

1695) 

The House amendment contained a provision (sec. 1664) that 

would require the Director of the Missile Defense Agency to submit 

to the congressional defense committees a notification on certain 

matters related to each planned flight test, including intercept 

tests. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Reports on unfunded priorities of the Missile Defense Agency (sec. 

1696) 

The House amendment contained a provision (sec. 1067) that 

would require the inclusion of ballistic missile defense information 

in the annual reports on requirements of the combatant commanders and the prioritized capabilities list for ballistic missile defense developed by the commander of the United States Strategic 

Command. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would modify the 

House provision with a requirement that not later than 10 days 

after the budget of the President for fiscal years 2018 and 2019 are 

submitted to Congress, the Director of the Missile Defense Agency 

shall submit to the Secretary of Defense and the Chairman of the 

Joint Chiefs of Staff, and to the congressional defense committees, 

a report on the unfunded priorities of the Missile Defense Agency. 

Subtitle F—Other Matters 

Protection of certain facilities and assets from unmanned aircraft 

(sec. 1697) 

The House amendment contained a provision (sec. 1671) that 

would authorize the Secretary of Defense, and allow the Secretary 

to authorize the armed forces, to take actions that are necessary 

to mitigate the threat of an unmanned aircraft system or unmanned aircraft that poses an imminent threat to the safety or security of a covered facility or asset that is: (1) identified by the Secretary; (2) located in the United States; and (3) related to the nuclear deterrence mission of the Department of Defense (including 

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fense mission of the Department; or the national security space 

mission of the Department. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would authorize 

the Secretary, notwithstanding title 18 of the United States Code, 

to take actions that are necessary to mitigate the threat (as defined 

by the Secretary of Defense, in consultation with the Secretary of 

Transportation) that an unmanned aircraft system or unmanned 

aircraft poses to the safety or security of a covered facility or asset. 

The amendment would also clarify the actions that would be authorized. 

Harmful interference to Department of Defense Global Positioning 

System (sec. 1698) 

The House amendment contained a provision (sec. 1673) that 

would amend the Federal Communications Commission (FCC) conditions on commercial terrestrial operations (47 U.S.C. 301 et seq.) 

by adding that the FCC shall not permit commercial terrestrial operations in the 1525–1559 megahertz band or the 1626.5–1660.5 

megahertz band until 90 days after the FCC resolves concerns of 

widespread harmful interference by such operations in such band 

to Department of Defense Global Positioning System (GPS) devices. 

The provision would also require the Secretary of Defense to conduct a review of harmful interference of Department of Defense 

GPS devices and to notify congress if the Secretary determines the 

existence of widespread harmful interference. 

The Senate bill contained no similar provision. 

The Senate recedes with a technical amendment. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Availability of certain amounts to meet requirements in connection 

with United States policy on assured access to space 

The Senate bill contained a provision (sec. 1611) that would 

allow for up to half of the funds made available for a replacement 

space launch propulsion system or new launch vehicle in fiscal 

years 2016, 2017, or any future fiscal year, be made available for 

meeting the requirements in connection with United States policy 

on assured access to space (section 2273(b), title 10, United States 

Code). 

The House amendment contained no similar provision. 

The Senate recedes. 

Department of Defense-wide requirements for security clearances for 

military intelligence officers 

The Senate bill contained a provision (sec. 1621) that would require the Secretary of Defense to ensure that each military intelligence officer serving as a unit or service intelligence officer, or in 

command of an intelligence unit or activity, has an active security 

clearance. 

The House amendment contained no similar provision. 

The Senate recedes. 

The conferees note with displeasure the recent situation in 

which an officer serving as the Deputy Chief of Naval Operations 


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for Information Warfare, N2/N6, Office of the Chief of Naval Operations, and Director of Naval Intelligence, was unable to fully perform the duties of the office to which he was appointed, with the 

advice and consent of the Senate, because his access to classified 

information was suspended. The conferees expect that in the future 

every officer serving as a unit or service intelligence officer, or in 

command of an intelligence unit or activity will have an active security clearance. 

Limitation on availability of funds for intelligence management 

The House amendment contained a provision (sec. 1621) that 

would limit the amount of authorized funds available to be obligated or expended for intelligence management until the Under 

Secretary of Defense for Intelligence provides a report to the appropriate congressional committees on counterintelligence activities 

described in the classified annex accompanying this Act. 

The Senate bill contained no similar provision. 

The House recedes. 

Sense of Congress on initial operating capability of phase 2 of European Phased Adaptive Approach to missile defense 

The House amendment contained a provision (sec. 1666) that 

would express the Sense of Congress that the United States is committed to the defense of deployed members of the Armed Forces of 

the United States and to the defense of the European allies of the 

United States by increasing the ballistic missile defense capability 

of the North Atlantic Treaty Organization. 

The Senate bill contained no similar provision. 

The conferees note that on July 9, 2016, the Heads of State 

and Government participating in the meeting of the North Atlantic 

Council in Warsaw, Poland, issued the ‘‘Warsaw Summit Communique.’’ In that document, the Heads of State and Government stated that: 

‘‘At our Summit in Chicago in 2012, we declared the achievement of an Interim NATO BMD Capability as an operationally significant first step. At the Wales Summit, we welcomed the forward 

deployment of BMD-capable Aegis ships to Rota, Spain that could 

be made available to NATO. Today a new milestone in the development of NATO BMD has been reached and we are pleased to declare the achievement of the NATO BMD Initial Operational Capability. This is a significant step toward the aim of NATO BMD that 

offers a stronger capability to defend our populations, territory, and 

forces across southern NATO Europe against a potential ballistic 

missile attack. The Aegis Ashore site in Deveselu, Romania represents a significant portion of this increase in capability, and the 

command and control (C2) of the Aegis Ashore site is being transferred to NATO. We also welcome that Turkey hosts a forwardbased early-warning BMD radar at Ku ̈ recik and that Poland will 

be hosting an Aegis Ashore site at the Redzikowo military base. We 

are also pleased that additional voluntary national contributions 

have been offered by Allies, and we encourage further voluntary 

contributions, all of which will add robustness to the capability.’’ 

The Communique further stated that, ‘‘NATO missile defence 

is not directed against Russia and will not undermine Russia’s 


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strategic deterrence capabilities. NATO missile defence is intended 

to defend against potential threats emanating from outside the 

Euro-Atlantic area.’’ 

The House recedes. 

Pilot program on application of consequence-driven, cyber-informed 

engineering to mitigate against cyber-security threats 

The Senate bill contained a provision (sec. 1634) that would 

authorize the Secretary of Defense, in coordination with the secretaries of the military departments, to carry out a pilot program to 

assess the feasibility and advisability of applying consequence-driven, cyber-informed engineering methodologies to military installation operating technologies, including industrial control systems, to 

increase resilience against cybersecurity threats. 

The House amendment contained no similar provision. 

The Senate recedes. 

The conferees note that elsewhere in the conference agreement 

there is a requirement for the Secretary of Defense to conduct a 

pilot program to assess the feasibility and advisability of applying, 

innovative methodologies or engineering approaches to improve the 

defense of control systems against cyber attacks in order to increase the resilience of military installations against cybersecurity 

threats and prevent or mitigate the potential for high-consequence 

cyberattacks, and to inform future requirements development for 

such systems. 

TITLE XVII—GUAM WORLD WAR II LOYALTY RECOGNITION ACT

Guam World War II Loyalty Recognition Act (secs. 1701–1707) 

The House amendment contained a number of provisions (sec. 

7301–7306) that would honor the suffering and loyalty of the residents of Guam during its occupation by Imperial Japanese forces 

during the Second World War and direct the federal government to 

adjudicate and facilitate the claims of compensable Guam victims 

and survivors of compensable Guam decedents. 

Specifically, the House amendment contained a provision (sec. 

7302) that would express the eternal gratitude of the United States 

to the residents of Guam for their loyalty and courage under threat 

of death and great bodily harm at the hands of occupying forces. 

It also contained a provision that would direct the Secretary of the 

Treasury to establish a special fund for the payment of claims to 

compensable Guam victims and their survivors (sec. 7303), a provision that would require the Secretary of the Treasury to compensate compensable victims and survivors of compensable Guam 

decedents following certification from the Foreign Claims Settlement Commission (sec. 7304), and a provision that would direct the 

Foreign Claims Settlement Commission to adjudicate claims and to 

determine eligibility for claims under the aforementioned section 

7304 (sec. 7305). Finally, it contained a provision that would direct 

the Secretary of the Interior to establish a grant program designed 

to educate and to memorialize the occupation of Guam while honoring the loyalty of its inhabitants (sec. 7306) and a provision that 

would authorize appropriations for the aforementioned sections 

7304 and 7305 for any fiscal year beginning after the date of the 


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enactment, with $5,000,000 authorized per fiscal year for section 

7306 (sec. 7307). 

The Senate bill contained no similar provisions. 

The Senate recedes. 

TITLE XVIII—MATTERS RELATING TO SMALL BUSINESS

PROCUREMENT

Subtitle A—Improving Transparency and Clarity for Small 

Businesses 

Plain language rewrite of requirements for small business procurements (sec. 1801) 

The House amendment contained a provision (sec. 1801) that 

would amend section 15(a) of the Small Business Act (15 U.S.C. 

644(a)) to revise existing statute by better organizing the section 

and modernizing the terms consistent with those in titles 10 and 

41, United States Code. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Transparency in small business goals (sec. 1802) 

The House amendment contained a provision (sec. 1803) that 

would amend section 15(h) of the Small Business Act (15 U.S.C. 

644(h)) to require the Administrator of the General Services Administration to issue an annual report on the share of total contract value awarded to small businesses. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Subtitle B—Clarifying the Roles of Small Business Advocates 

Scope of review by procurement center representatives (sec. 1811) 

The Senate bill contained a provision (sec. 884) that would codify for Department of Defense contracts the longstanding exemption contained in Federal Acquisition Regulation 19.000(b) that 

small business set-asides are not applied to overseas contracts. 

The House amendment contained a similar provision (sec. 

1811) that would amend section 15(l) of the Small Business Act (15 

U.S.C. 644(l)) to reverse a regulatory change made by the Small 

Business Administration during enactment of the Small Business 

Jobs Act of 2010 (Public Law 111–240) and to ensure that procurement center representatives review consolidated contracts or task 

orders that are fully or partially set aside or reserved for small 

business. 

The Senate recedes with an amendment that would clarify that 

procurement center representatives of the Small Business Administration shall not review contracts awarded pursuant to status of 

forces agreements or contracts of the Department of Defense 

awarded and performed overseas. The amendment also would stipulate that contracts excluded from procurement center representative review shall not be included in any calculation of the Department’s attainment of the small business goals established in 15(g) 

of the Small Business Act (15 USC 644(g)). 


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Duties of the Office of Small and Disadvantaged Business Utilization (sec. 1812) 

The House amendment contained a provision (sec. 1813) that 

would amend section 15(k) of the Small Business Act (15 U.S.C. 

644(k)) to revise the duties of the Offices of Small and Disadvantaged Business Utilization in Federal agencies. The offices would 

be authorized to provide assistance to service-disabled veteranowned small businesses and participants in the Historically Underutilized Business Zone program which are not included in the current list of small business programs. The offices also would review 

annual summaries of Government credit card purchases to ensure 

compliance with the Small Business Act. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Improving contractor compliance (sec. 1813) 

The House amendment contained a provision (sec. 1814) that 

would amend sections 15 and 45 of the Small Business Act (15 

U.S.C. 644 and 15 U.S.C. 657r), and section 831(e)1(1) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 

101–510), to promote the availability of existing programs that assist small contractors attempting to comply with Federal regulations. The Small Business Administration would develop a list of 

no-cost compliance assistance programs for small contractors which 

would be distributed through the Small Business Administration 

and Federal agency small-business offices to small contractors. 

This section would also require that any mentor-prote ́ge ́ agreement 

approved by the Small Business Administration or the Department 

of Defense address the provision of compliance assistance to the 

prote ́ge ́ firm. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Improving education on small business regulations (sec. 1814) 

The House amendment contained a provision (sec. 1861) that 

would amend section 15 of the Small Business Act (15 U.S.C. 644) 

to require the Small Business Administration to annually share a 

list of regulatory changes affecting small-business contracting with 

entities responsible for training acquisition personnel, such as the 

Federal Acquisition Institute and the Defense Acquisition University, and to entities providing technical assistance to small contractors. This section would also require that the applicable entities periodically update training materials. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Subtitle C—Strengthening Opportunities for Competition in 

Subcontracting 

Good faith in subcontracting (sec. 1821) 

The House amendment contained a provision (sec. 1821) that 

would amend section 8(d) of the Small Business Act (15 U.S.C. 

637(d)) to improve compliance with subcontracting requirements. 

The Senate bill contained no similar provision. 


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The Senate recedes. 

Pilot program to provide opportunities for qualified subcontractors 

to obtain past performance ratings (sec. 1822) 

The House amendment contained a provision (sec. 1822) that 

would establish a 3-year pilot program in which small, first-tier 

subcontractors could obtain past performance credit from the Small 

Business Administration. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would establish 

a deadline by which small business concerns must submit requests 

for a past performance rating. 

The conferees direct the Secretary of Defense to ensure that 

the Department of Defense, its components, and the Services are 

providing timely evaluations of past performance and giving due 

credit to the evaluations previously conducted, even those conducted by a different component, Service, or agency, consistent 

with current law and regulation. No later than 60 days after enactment of the National Defense Authorization for Fiscal Year 2017, 

the conferees direct the Secretary to provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives on the Department’s progress meeting these objectives. 

Amendments to the Mentor-Protege Program of the Department of 

Defense (sec. 1823) 

The House amendment contained a provision (sec. 1831) that 

would amend section 831 of the National Defense Authorization 

Act for Fiscal Year 1991 (Public Law 101–510), to require the 

Small Business Administration to determine whether a prospective 

protege firm is affiliated with its proposed mentor prior to approval 

of a mentor-protege agreement. The same requirement would be removed from the Department of Defense. 

The Senate bill contained no similar provision. 

The Senate recedes with a technical amendment that would 

better organize the eligibility requirements. The conferees note that 

the changes in this provision will allow for determinations of small 

business status to be made in the same manner as such determinations are for purposes of federal contracting. The change does not 

alter the Department’s control of its mentor-protege program, nor 

the statutory provision that prohibits the Small Business Administration from considering support provided by a mentor to a protege 

firm under this program as evidence of affiliation. However, the 

provision would prevent instances of confusion, and the potential 

for fraud, by preventing competing determinations of small business status. 

Subtitle D—Miscellaneous Provisions 

Improvements to size standards for small agricultural producers 

(sec. 1831) 

The House amendment contained a provision (sec. 1863) that 

would amend section 18(b) of the Small Business Act (15 U.S.C. 

647(b)) to revise the definition of an agricultural enterprise. This 

section would also amend section 3(a) of the Small Business Act (15 


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U.S.C. 632(a)) to authorize the Small Business Administration to 

establish different size standards for various types of agricultural 

enterprises. Size standards would be established according to the 

existing method and appeals process by which the Small Business 

Administration establishes other size standards. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Uniformity in service-disabled veteran definitions (sec. 1832) 

The House amendment contained a provision (sec. 1864) that 

would amend section 3(q) of the Small Business Act (15 U.S.C. 

632(q)) and section 8127 of title 38, United States Code, to standardize definitions for veteran-owned small businesses (VOSBs) and 

service-disabled veteran-owned small businesses (SDVOSBs). This 

section would also require the Secretary of Veterans Affairs to use 

the regulations established by the Small Business Administration 

for establishing ownership and control of VOSBs and SDVOSBs. 

The Secretary would continue to determine whether individuals are 

veterans or service-disabled veterans and would be responsible for 

verification of applicant firms. Challenges to the status of a VOSB 

or SDVOSB based upon issues of ownership or control would be decided by the administrative judges at the Office of Hearings and 

Appeals of the Small Business Administration. This section would 

not affect the Department of Defense. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Office of Hearings and Appeals (sec. 1833) 

The House amendment contained a provision (sec. 1866) that 

would amend sections 3(a) and 5(i) of the Small Business Act (15 

U.S.C. 632(a) and 15 U.S.C. 634(i)) to clarify that the Office of 

Hearings and Appeals will not hear appeals on programs not found 

in the Small Business Act. This section also would allow a grace 

period for appeals that occur before the Small Business Administration implements the requirements of this section. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Extension of SBIR and STTR programs (sec. 1834) 

The Senate bill contained a provision (sec. 874) that would 

amend sections 9(m) and 9(n)(1) of the Small Business Act (15 

U.S.C. 638(m)) in order to make the Small Business Innovation Research (SBIR) program and the Small Business Technology Transfer (STTR) program at the Department of Defense permanent. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would extend the 

programs government-wide for an additional 5 years. 

Issuance of guidance on small business matters (sec. 1835) 

The House amendment contained a provision (sec. 1867) that 

would require the Administrator of the Small Business Administration to issue guidance with respect to the changes to the Small 

Business Act made in this title. 

The Senate bill contained no similar provision. 


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The Senate recedes with a technical amendment that would 

provide a timeline for implementing guidance by the Department 

of Veterans Affairs. 

Subtitle E—Improving Cyber Preparedness for Small Businesses 

Small Business Development Center Cyber Strategy and outreach 

(sec. 1841) 

The House amendment contained a provision (sec. 1869A) that 

would amend section 227 of the Homeland Security Act of 2002 (6 

U.S.C. 148) to grant the Secretary of Homeland Security authority 

to provide assistance to small business development centers in the 

form of training and dissemination of information on cybersecurity, 

as outlined elsewhere in this Act. 

The Senate bill contained no similar provision. 

The Senate recedes with a technical amendment that would 

maintain consistency in the use of terms such as cyber threat 

awareness. 

Role of small business development centers in cybersecurity and preparedness (sec. 1842) 

The House amendment contained a provision (sec. 1868) that 

would amend section 21 of the Small Business Act (15 U.S.C. 648) 

to define the role of the Small Business Development Center Cyber 

Strategy, which was established elsewhere in this Act. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Additional cybersecurity assistance for small business development 

centers (sec. 1843) 

The House amendment contained a provision (sec. 1869) that 

would amend section 21(a) of the Small Business Act (15 U.S.C. 

648) to give the Department of Homeland Security the authority to 

provide cybersecurity assistance, in the form of trainings and other 

outreach, to small business development centers to enhance security and awareness. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Prohibition on additional funds (sec. 1844) 

The House amendment contained a provision (sec. 1869C) that 

would prohibit the use of additional funds to be appropriated to 

carry out the previous sections, other than those already appropriated within these sections. 

The Senate bill contained no similar provision. 

The Senate recedes. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Improving reporting on small business goals 

The House amendment contained a provision (sec. 1802) that 

would amend section 15(h) of the Small Business Act (15 U.S.C. 

644(h)) to require the Small Business Administration, using data 

already required to be collected from contractors, to track compaVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 01312 Fmt 6601 Sfmt 6601 E:\HR\OC\HR840.XXX HR840

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nies that outgrow or no longer qualify for a small business program, as well as identify how prime contracting goals are met. 

The Senate bill contained no similar provision. 

The House recedes. 

Uniformity in procurement terminology 

The House amendment contained a provision (sec. 1804) that 

would amend section 3(m) of the Small Business Act (15 U.S.C. 

632(m)) and section 15(j) of the Small Business Act (15 U.S.C. 

644(j)) to update procurement terminology consistent with the Federal Acquisition Regulation and with terminology used in titles 10 

and 41, United States Code. 

The Senate bill contained no similar provision. 

The House recedes. 

Responsibilities of Commercial Market Representatives 

The House amendment contained a provision (sec. 1812) that 

would amend section 4(h) of the Small Business Act (15 U.S.C. 

633(h)), to provide a definition of the duties and responsibilities of 

the commercial market representatives employed by the Small 

Business Administration. 

The Senate bill contained no similar provision. 

The House recedes. 

Responsibilities of Business Opportunity Specialists 

The House amendment contained a provision (sec. 1815) that 

would amend section 4(g) of the Small Business Act (15 U.S.C. 

633(g)) to add a job description and reporting hierarchy for business opportunity specialists of the Small Business Administration. 

The Senate bill contained no similar provision. 

The House recedes. 

Improving cooperation between the mentor-protege programs of the 

Small Business Administration and the Department of Defense 

The House amendment contained a provision (sec. 1832) that 

would amend section 45(b) of the Small Business Act (15 U.S.C. 

657r(b)) to require the Department of Defense to obtain approval 

from the Administrator of the Small Business Administration prior 

to carrying out a mentor-protege program. 

The Senate bill contained no similar provision. 

The House recedes. 

Office of Women’s Business Ownership 

The House amendment contained a provision (sec. 1841) that 

would amend section 29(g) of the Small Business Act (15 U.S.C. 

656(g)) to clarify the duties of the Small Business Administration’s 

Office of Women’s Business Ownership, and to require that the office establish an accreditation program for its grant recipients. 

The Senate bill contained no similar provision. 

The House recedes. 


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Women’s Business Center Program 

The House amendment contained a provision (sec. 1842) that 

would amend section 29 of the Small Business Act (15 U.S.C. 656), 

relating to the Women’s Business Center Program. 

The Senate bill contained no similar provision. 

The House recedes. 

Matching requirements under Women’s Business Center Program 

The House amendment contained a provision (sec. 1843) that 

would amend section 29 of the Small Business Act (15 U.S.C. 656), 

relating to the Women’s Business Center Program, to limit the 

ability of the Administrator to waive the requirement for matching 

funds by grant recipients, and to provide that excess non-Federal 

dollars obtained by a grant recipient will not be subject to part 200 

of title 2, Code of Federal Regulations, or any successor regulations. 

The Senate bill contained no similar provision. 

The House recedes. 

SCORE reauthorization 

The House amendment contained a provision (sec. 1851) that 

would amend section 20 of the Small Business Act (15 U.S.C. 631 

note) to authorize the SCORE program through fiscal year 2018, 

and to permit the current level of appropriations to extend through 

that period. 

The Senate bill contained no similar provision. 

The House recedes. 

SCORE program 

The House amendment contained a provision (sec. 1852) that 

would amend sections 8(b) and 8(c) of the Small Business Act (15 

U.S.C. 637(b)–(c)) to rename the Service Corps of Retired Executives program, the ‘‘SCORE’’ program. 

The Senate bill contained no similar provision. 

The House recedes. 

Online component 

The House amendment contained a provision (sec. 1853) that 

would amend section 8(c) of the Small Business Act (15 U.S.C. 

637(c)) to create an online component for the SCORE Association 

to utilize. 

The Senate bill contained no similar provision. 

The House recedes. 

Study and report on the future role of the SCORE program 

The House amendment contained a provision (sec. 1854) that 

would require the SCORE Association to conduct a study and develop a plan for how the SCORE program will evolve to meet the 

needs of small business concerns. 

The Senate bill contained no similar provision. 

The House recedes. 


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Technical and conforming amendments 

The House amendment contained a provision (sec. 1855) that 

would make technical and conforming amendments to various 

places in law which reference the program that SCORE would replace. 

The Senate bill contained no similar provision. 

The House recedes. 

Required reports pertaining to capital planning and investment control 

The House amendment contained a provision (sec. 1865) that 

would require the Small Business Administration to provide information regarding certain Federal major information technology investments to the Small Business and Entrepreneurship Committee 

of the Senate and the Small Business Committee of the House of 

Representatives. 

The Senate bill contained no similar provision. 

The House recedes. 

GAO study on small business cyber support services and small business development center cyber strategy 

The House amendment contained a provision (sec. 1869B) that 

would require the Comptroller General of the United States to conduct a review of current cybersecurity resources at the Federal 

level aimed at assisting small business concerns with developing or 

enhancing cybersecurity infrastructure, cyber threat awareness, or 

cyber training programs for employees. 

The Senate bill contained no similar provision. 

The House recedes. 

Short title 

The House amendment contained a provision (sec. 1871) that 

would cite this subtitle as the ‘‘Small Business Development Centers Improvement Act of 2016’’. 

The Senate bill contained no similar provision. 

The House recedes. 

Use of authorized entrepreneurial development programs 

The House amendment contained a provision (sec. 1872) that 

would amend the Small Business Act (15 U.S.C. 631 et seq.) to add 

a new section that would expand the use of entrepreneurial development programs. 

The Senate bill contained no similar provision. 

The House recedes. 

Marketing of services 

The House amendment contained a provision (sec. 1873) that 

would amend section 21 of the Small Business Act (15 U.S.C. 648) 

to ensure that the Administrator will not prohibit applicants who 

have received grants under the Small Business Development Center program from marketing and advertising their services to individuals and small business concerns. 

The Senate bill contained no similar provision. 

The House recedes. 


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Data collection 

The House amendment contained a provision (sec. 1874) that 

would amend section 21 of the Small Business Act (15 U.S.C. 648) 

to ensure that data collection regarding grant applicants is improved. 

The Senate bill contained no similar provision. 

The House recedes. 

Fees from private partnerships and cosponsorships 

The House amendment contained a provision (sec. 1875) that 

would amend section 21(a)(3) of the Small Business Act (15 U.S.C. 

648(a)(3)(C)) that would ensure that small business development 

centers participating in private partnerships and cosponsorships 

with the Administration are not limited from collecting fees or 

other income related to the operation of such partnerships. 

The Senate bill contained no similar provision. 

The House recedes. 

Equity for small business development centers 

The House amendment contained a provision (sec. 1876) that 

would amend subclause (I) of section 21(a)(4)(C)(v) of the Small 

Business Act (15 U.S.C. 648(a)(4)(C)(v)) to increase the threshold 

allowed to the Administrator to pay expenses related to the development program from $500,000 to $600,000. 

The Senate bill contained no similar provision. 

The House recedes. 

Confidentiality requirements 

The House amendment contained a provision (sec. 1877) that 

would amend Section 21(a)(7)(A) of the Small Business Act (15 

U.S.C. 648(a)(7)(A)) to clarify that certain information regarding 

small business participation in this program would not be disclosed 

without the consent of the individual or small business concern to 

any State, local or Federal agency, or third party. 

The Senate bill contained no similar provision. 

The House recedes. 

Limitation on award of grants to small business development centers 

The House amendment contained a provision (sec. 1878) that 

would amend section 21 of the Small Business Act (15 U.S.C. 648) 

to limit the award of grants. 

The Senate bill contained no similar provision. 

The House recedes. 

TITLE XIX—DEPARTMENT OF HOMELAND SECURITY STRATEGY FOR

INTERNATIONAL PROGRAMS

Department of Homeland Security Strategy for International Programs (secs. 1901–1913) 

The conference agreement includes a subtitle that would make 

various authorizations and modifications with respect to the Department of Homeland Security. 


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DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Summary and explanation of funding tables 

Division B of this Act authorizes funding for military construction projects of the Department of Defense. It includes funding authorizations for the construction and operation of military family 

housing as well as military construction for the reserve components, the defense agencies, and the North Atlantic Treaty Organization Security Investment Program. It also provides authorization 

for the base closure accounts that fund military construction, environmental cleanup, and other activities required to implement the 

decisions in base closure rounds. 

The tables contained in this Act provide the project-level authorizations for the military construction funding authorized in Division B of this Act and summarize that funding by account. 

Short title (sec. 2001) 

The Senate bill contained a provision (sec. 2001) that would 

designate division B of this Act as the ‘‘Military Construction Authorization Act for Fiscal Year 2017.’’ 

The House amendment contained an identical provision (sec. 

2001). 

The conference agreement includes this provision. 

Expiration of authorizations and amounts required to be specified 

by law (sec. 2002) 

The Senate bill contained a provision (sec. 2002) that would establish the expiration date for authorizations in this Act for military construction projects, land acquisition, family housing projects, 

and contributions to the North Atlantic Treaty Organization Security Investment Program as of October 1, 2019, or the date of enactment of an act authorizing funds for military construction for 

fiscal year 2020, whichever is later. 

The House amendment contained a similar provision (sec. 

2002). 

The Senate recedes. 

Effective date (sec. 2003) 

The Senate bill contained a provision (sec. 2003) that would 

provide an effective date for titles XXI through XXVII of October 

1, 2016 or the date of enactment of this Act. 

The House amendment contained a similar provision (sec. 

2003). 

The Senate recedes. 

TITLE XXI—ARMY MILITARY CONSTRUCTION

Summary 

The budget request included authorization of appropriations of 

$503.5 million for military construction and $526.7 million for family housing for the Army in fiscal year 2017. 

The conference agreement includes authorization of appropriations of $553.9 million for military construction and $483.2 million 

for family housing for the Army in fiscal year 2017. 


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The agreement includes authorization for three projects from the Army’s unfunded requirements list: $10.6 million for a Company Operations Facility at Fort Gordon, Georgia; $6.9 million for 

a Fire Station at Fort Leonard Wood, Missouri; and $23.0 million 

for a Vehicle Maintenance Shop at Fort Belvoir, Virginia. The conferees note that the budget request included $143.6 

million for Family Housing New Construction at Camp Humphries, 

Republic of Korea. Furthermore, the conferees are aware that this 

is the first phase of proposed military family housing construction 

at Camp Humphries, with a $153.0 million second phase planned 

for fiscal year 2019. Given the requirements that have been established by the Commander of U.S. Forces Korea to house command 

sponsored families on installation and the timelines for the relocation of U.S. Forces Korea and Eighth Army to Camp Humphries, 

the conferees believe that combining the two phases into a single 

project will result in efficiencies in terms of the financial cost of the 

project and the construction timeline. Therefore, the agreement recommends a total authorization of $297.0 million for Family Housing New Construction at Camp Humphries, Republic of Korea. 

However, the conferees support the authorization of appropriations 

for fiscal year 2017 only in an amount equivalent to the ability of 

the military department to execute in the year of authorization of 

appropriations. Therefore, the agreement recommends $100.0 million, a reduction of $43.6 million, for this project in fiscal year 

2017. 

In addition, the conference agreement authorizes $35.0 million 

for the Army’s unspecified minor construction program, an increase 

of $10.0 million above the budget request. 

Authorized Army construction and land acquisition projects (sec. 

2101) 

The Senate bill contained a provision (sec. 2101) that would 

contain the list of authorized Army construction projects for fiscal 

year 2017. The authorized amounts are listed on an installation-byinstallation basis. The state list contained in this Act is intended 

to be the binding list of the specific projects authorized at each location. 

The House amendment contained a similar provision (sec. 

2101). 

The Senate recedes. 

Family housing (sec. 2102) 

The Senate bill contained a provision (sec. 2102) that would 

authorize new construction and planning and design of family 

housing units for the Army for fiscal year 2017. 

The House amendment contained a similar provision (sec. 

2102). 

The Senate recedes. 

Authorization of appropriations, Army (sec. 2103) 

The Senate bill contained a provision (sec. 2103) that would 

authorize appropriations for the active component military construction and family housing projects of the Army authorized for 

construction for fiscal year 2017. This provision would also provide 


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an overall limit on the amount authorized for military construction 

and family housing projects for the active component of the Army. 

The House amendment contained an identical provision (sec. 

2103). 

The conference agreement includes this provision. 

Modification of authority to carry out certain fiscal year 2014 

project (sec. 2104) 

The Senate bill contained a provision (sec. 2104) that would 

modify the authorization contained in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2014 (division 

B of Public Law 113–66) for construction of an aircraft maintenance hangar at Joint Base Lewis-McChord, Washington to include 

an aircraft washing apron. 

The House amendment contained an identical provision (sec. 

2104). 

The conference agreement includes this provision. 

Extension of authorizations of certain fiscal year 2013 projects (sec. 

2105) 

The Senate bill contained a provision (sec. 2105) that would extend the authorization contained in section 2101 of the Military 

Construction Authorization Act for Fiscal Year 2013 (division B of 

Public Law 112–239) for two projects until October 1, 2017, or the 

date of the enactment of an Act authorizing funds for military construction for fiscal year 2018, whichever is later. 

The House amendment contained a similar provision (sec. 

2105). 

The Senate recedes. 

Extension of authorizations of certain fiscal year 2014 projects (sec. 

2106) 

The Senate bill contained a provision (sec. 2106) that would extend the authorization contained in section 2101 of the Military 

Construction Authorization Act for Fiscal Year 2014 (division B of 

Public Law 113–66) for three projects until October 1, 2017, or the 

date of the enactment of an Act authorizing funds for military construction for fiscal year 2018, whichever is later. 

The House amendment contained a similar provision (sec. 

2106). 

The House recedes. 

TITLE XXII—NAVY MILITARY CONSTRUCTION

Summary 

The budget request included authorization of appropriations of 

$1.03 billion for military construction and $394.9 million for family 

housing for the Navy and Marine Corps in fiscal year 2017. 

The conference agreement includes authorization of appropriations of $1.2 billion for military construction and $394.9 million for 

family housing for the Navy and Marine Corps in fiscal year 2017. 

The conference agreement includes authorization for two 

projects from the Navy’s unfunded requirements list unfunded requirements list: $27.0 million for Chambers Field Magazine Recap 


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Phase 1 at Norfolk, Virginia, and $73.0 million for SEAWOLF 

Class Service Pier at Bangor, Washington. 

The agreement includes authorization for three projects from 

the Marine Corp’s unfunded requirements list: $118.9 million for 

an Aircraft Maintenance Hangar Increment 1 at Miramar, California; $34.7 million for a Communication Complex & Infrastructure Upgrade at Miramar, California; $40.0 million for F–35 Parking Apron at Miramar, California. With respect to the Aircraft 

Maintenance Hangar, we support the authorization for appropriations in an amount equivalent to the ability of the military department to execute in the year of the authorization for appropriations. 

For this project, the conferees believe that the Department of the 

Navy has exceeded its ability to fully expend the funding requested 

for fiscal year 2017. As such, the agreement recommends incremental funding with an authorization of appropriations in the 

amount of $79.4 million, a reduction of $39.5 million, for this 

project. Furthermore, the conferees note that these three projects 

at Miramar were included in the Marine Corps’ unfunded requirements list due to a late development and the need to align F–35C 

squadron operational dates with plans to stand up the first F–35C 

compatible aircraft carrier on the west coast of the United States. 

Authorized Navy construction and land acquisition projects (sec. 

2201) 

The Senate bill contained a provision (sec. 2201) that would 

authorize Navy and Marine Corps military construction projects for 

fiscal year 2017. The authorized amounts are listed on an installation-by-installation basis. 

The House amendment contained a similar provision (sec. 

2201). 

The Senate recedes with a technical amendment. 

Family housing (sec. 2202) 

The Senate bill contained a provision (sec. 2202) that would 

authorize new construction, planning, and design of family housing 

units for the Navy for fiscal year 2017. This provision would also 

authorize funds for facilities that support family housing, including 

housing management offices, housing maintenance, and storage facilities. 

The House amendment contained an identical provision (sec. 

2202). 

The conference agreement includes this provision. 

Improvements to military family housing units (sec. 2203) 

The Senate bill contained a provision (sec. 2203) that would 

authorize the Secretary of the Navy to improve existing family 

housing units of the Department of the Navy in an amount not to 

exceed $11.1 million. 

The House amendment contained an identical provision (sec. 

2203). 

The conference agreement includes this provision. 


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Authorization of appropriations, Navy (sec. 2204) 

The Senate bill contained a provision (sec. 2204) that would 

authorize appropriations for the active component military construction and family housing projects of the Department of the 

Navy authorized for construction for fiscal year 2017. This provision would also provide an overall limit on the amount authorized 

for military construction and family housing projects for the active 

components of the Navy and the Marine Corps. The state list contained in this report is the binding list of the specific projects authorized at each location. 

The House amendment contained an identical provision (sec. 

2204). 

The conference agreement includes this provision. 

Modification of authority to carry out certain fiscal year 2014 

project (sec. 2205) 

The Senate bill contained a provision (sec. 2205) that would 

modify the authorization contained in section 2201 of the Military 

Construction Authorization Act for Fiscal Year 2014 (division B of 

Public Law 113–66) for construction of a water transmission line 

at Pearl City, Hawaii to include a 591-meter long, 16-inch diameter 

water transmission line as part of the network required to provide 

the main water supply to Joint Base Pearl Harbor-Hickam, Hawaii. 

The House amendment contained an identical provision (sec. 

2205). 

The conference agreement includes this provision. 

Extension of authorizations of certain fiscal year 2013 projects (sec. 

2206) 

The Senate bill contained a provision (sec. 2206) that would extend the authorization contained in section 2201 of the Military 

Construction Authorization Act for Fiscal Year 2013 (division B of 

Public Law 112–239), for various projects until October 1, 2017, or 

the date of the enactment of an Act authorizing funds for military 

construction for fiscal year 2018, whichever is later. 

The House amendment contained a similar provision (sec. 

2206). 

The Senate recedes. 

Extension of authorizations of certain fiscal year 2014 projects (sec. 

2207) 

The Senate bill contained a provision (sec. 2207) that would 

modify the authorization contained in section 2201 of the Military 

Construction Authorization Act for Fiscal Year 2014 (division B of 

Public Law 113–66), for seven projects until October 1, 2017, or the 

date of the enactment of an Act authorizing funds for military construction for fiscal year 2018, whichever is later. 

The House amendment contained an identical provision (sec. 

2207). 

The conference agreements includes this provision. 


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Status of ‘‘net negative’’ policy regarding Navy acreage on Guam 

(sec. 2208) 

The House amendment included a provision (Sec. 2208) that 

would require the Secretary of the Navy to submit a report to the 

congressional defense committees not later than 6 months after the 

date of the enactment of this Act regarding the status of the implementation of the ‘‘Net Negative’’ policy regarding the total number 

of acres of real property controlled by the Department of the Navy 

on the Territory of Guam. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment. 

The conferees are concerned that the Department of the Navy 

has not adequately defined the scope of lands that will be returned 

to the Government of Guam pursuant to the Net Negative policy 

announced in 2011, or the process that will be used to identify and 

transfer such lands. Specifically, the conferees are concerned by the 

ambiguity regarding the status of lands identified for return prior 

to the announcement of the Net Negative policy, such as Guam 

Land Use Plan of 1977, which were not originally identified for inclusion in the calculation of lands under the Net Negative policy. 

TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION

Summary 

The budget request included authorization of appropriations of $1.5 billion for military construction and $335.7 million for family 

housing for the Air Force in fiscal year 2017. 

The conference agreement includes authorization of appropria- tions of $1.7 billion for military construction and $335.7 million for 

family housing for the Air Force in fiscal year 2017. 

The conference agreement includes authorization for seven projects on the Air Force’s unfunded requirements list: $15.5 million for a JAG School Expansion at Maxwell Air Force Base, Alabama; $36.0 million for Dormitories (288 rooms) at Eglin Air Force 

Base, Florida; $41.0 million for Consolidated Corrosion Facility 

Add/Alt at Scott Air Force Base, Illinois; $50.0 million for Consolidated Communications Center at Joint Base Andrews, Maryland; 

$10.9 million to Construction Vandenberg Gate Complex at 

Hanscom Air Force Base, Massachusetts; $26.0 million for E–3G 

Mission and Flight Simulator Training Facility at Tinker Air Force 

Base, Oklahoma; and $17.0 million for Fire & Rescue Station at 

Joint Base Charleston, South Carolina. 

In addition, the conference agreement authorizes $40.0 million 

for the Air Force’s unspecified minor construction program, an increase of $10.0 million above the budget request. 

Authorized Air Force construction and land acquisition projects 

(sec. 2301) 

The Senate bill contained a provision (sec. 2301) that would 

authorize Air Force military construction projects for fiscal year 

2017. The authorized amounts are listed on an installation-by-installation basis. 

The House amendment contained a similar provision (sec. 

2301). 


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The Senate recedes with a technical amendment. 

Family housing (sec. 2302) 

The Senate bill contained a provision (sec. 2302) that would 

authorize new construction, planning, and design of family housing 

units for the Air Force for fiscal year 2017. This provision would 

also authorize funds for facilities that support family housing, including housing management offices, housing maintenance, and 

storage facilities. 

The House amendment contained an identical provision (sec. 

2302). 

The conference agreement includes this provision. 

Improvements to military family housing units (sec. 2303) 

The Senate bill contained a provision (sec. 2303) that would 

authorize the Secretary of the Air Force to improve existing family 

housing units of the Department of the Air Force in an amount not 

to exceed $150.7 million. 

The House amendment contained an identical provision (sec. 

2303). 

The conference agreement includes this provision. 

Authorization of appropriations, Air Force (sec. 2304) 

The Senate bill contained a provision (sec. 2304) that would 

authorize appropriations for the active component military construction and family housing projects of the Air Force authorized 

for construction for fiscal year 2017. This provision would also provide an overall limit on the amount authorized for military construction and family housing projects for the active component of 

the Air Force. The state list contained in this report is the binding 

list of the specific projects authorized at each location. 

The House amendment contained an identical provision (sec. 

2304). 

The conference agreement includes this provision. 

Modification of authority to carry out certain fiscal year 2016 

project (sec. 2305) 

The Senate bill contained a provision (sec. 2305) that would 

modify the authorization contained in section 2301 of the National 

Defense Authorization Act for Fiscal Year 2016 (Public Law 114– 

92) for a tactical response force alert facility at Malstrom Air Force 

Base, Montana to include the construction of an emergency power 

generator system. 

The House amendment contained an identical provision (sec. 

2305). 

The conference agreement includes this provision. 

Extension of authorization of certain fiscal year 2013 project (sec. 

2306) 

The House amendment contained a provision (sec. 2306) that 

would extend the authorization listed, originally provided by section 2301 of the Military Construction Authorization Act for Fiscal 

Year 2013 (division B of Public Law 112–239), and previously extended by section 2309 of the Military Construction Authorization 


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Act for Fiscal Year 2016 (Public Law 114–92), until October 1, 

2017, or the date of the enactment of an act authorizing funds for 

military construction for fiscal year 2018, whichever is later. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Extension of authorization of certain fiscal year 2014 project (sec. 

2307) 

The Senate bill contained a provision (sec. 2306) that would extend the authorization contained in section 2301 of the Military 

Construction Act for Fiscal Year 2014 (division B of Public Law 

113–66) for various projects until October 1, 2017, or the date of 

the enactment of an act authorizing funds for military construction 

for fiscal year 2018, whichever is later. 

The House amendment contained a similar provision (sec. 

2307). 

The Senate recedes. 

Restriction on acquisition of property in Northern Mariana Islands 

(sec. 2308) 

The House amendment contained a provision (sec. 2308) that 

would prohibit the Secretary of the Air Force from using any of the 

amounts authorized to be appropriated to acquire property or interests in property at an unspecified location in the Commonwealth 

of the Northern Mariana Islands until the congressional defense 

committees have received a report from the Secretary that provides 

the specific location of the property or interest in property to be acquired, the total cost, scope and location of military construction 

projects for divert activities and exercises at the location, and an 

analysis of any alternative locations considered, including other locations or interests within the Commonwealth of the Northern 

Mariana Islands or the Freely Associated States. 

The Senate bill contained no similar provision. 

The Senate recedes. 

TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION

Summary 

The budget request included authorization of appropriations of 

$2.06 billion for military construction and $62.4 million for family 

housing for the defense agencies in fiscal year 2017. 

The conference agreement includes authorization of appropriations of $2.03 billion for military construction and $62.4 million for 

family housing for the defense agencies in fiscal year 2017. 

The budget request included $10.0 million for contingency construction at various world-wide locations. The conferees note that 

the Department of Defense has not requested a military construction project using funds from this account since 2008. As such, the 

agreement recommends no funds, a reduction of $10.0 million for 

this program. 

The budget request included $10.0 million for the Energy Conservation Investment Program’s Planning and Design activities. 

The conferees recommend that this program be carried out as part 

of the Defense-Wide Military Construction program. Therefore, the 


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agreement recommends no funding for the Energy Conservation Investment Program’s Planning and Design activities, a reduction of 

$10.0 million, and $23.5 million for Defense Wide Military Construction Planning and Design activities, an increase of $10.0 million, to reflect the inclusion of the Energy Conservation Investment 

Program as part of the Defense Wide Military Construction program. 

The budget request included $71.6 million for the National 

Geospatial Intelligence Agency Military Construction Planning and 

Design activities. The conferees understand that the National 

Geospatial Intelligence Agency would be unable to execute the full 

amount requested for Military Construction Planning and Design 

activities in fiscal year 2017. Therefore, the agreement recommends 

$36.0 million, a reduction of $35.6 million, for this program. 

In addition, the agreement recommends an increase of funding 

for a military construction project not included in the budget request, $15.0 million for the Missile Defense Agency Military Construction Planning and Design activities for an East Coast site for 

homeland missile defense. 

Authorized Defense Agencies construction and land acquisition 

projects (sec. 2401) 

The Senate bill contained a provision (sec. 2401) that would 

contain the list of authorized defense agencies’ construction projects 

for fiscal year 2017. The authorized amounts are listed on an installation-by-installation basis. The state list contained in this Act 

is intended to be the binding list of the specific projects authorized 

at each location. 

The House amendment contained a similar provision (sec. 

2401). 

The Senate recedes with a technical amendment. 

Authorized energy conservation projects (sec. 2402) 

The House amendment contained a provision (sec. 2402) that 

would authorize the Secretary of Defense to carry out energy conservation projects valued at a cost greater than $3.0 million at the 

amounts authorized for each project at a specific location. This section would also authorize the sum total of projects across various 

locations, each project of which is less than $3.0 million. 

The Senate bill contained a similar provision (sec. 2402). 

The Senate recedes. 

Authorization of appropriations, Defense Agencies (sec. 2403) 

The Senate bill contained a provision (sec. 2403) that would 

authorize appropriations for the military construction and family 

housing projects of the defense agencies authorized for construction 

for fiscal year 2017. This provision would also provide an overall 

limit on the amount authorized for military construction and family 

housing projects for the defense agencies. 

The House amendment contained an identical provision (sec. 

2403). 

The conference agreement includes this provision. 


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Modification of authority to carry out certain fiscal year 2014 

project (sec. 2404) 

The Senate bill contained a provision (sec. 2404) that would 

modify the authority contained in section 2401 of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66) for the construction of a high school at Royal Air 

Force Base Lakenheath, United Kingdom to allow the construction 

of a combined middle/high school. 

The House amendment contained an identical provision (sec. 

2404). 

The conference agreement includes this provision. 

Extension of authorizations of certain fiscal year 2013 projects (sec. 

2405) 

The Senate bill contained a provision (sec. 2405) that would extend the authorization contained in section 2401 of the Military 

Construction Authorization Act for Fiscal Year 2013 (division B of 

Public Law 112–239) for two projects until October 1, 2017, or the 

date of the enactment of an act authorizing funds for military construction for fiscal year 2018, whichever is later. 

The House amendment contained an identical provision (sec. 

2405). 

The conference agreement includes this provision. 

Extension of authorizations of certain fiscal year 2014 projects (sec. 

2406) 

The Senate bill contained a provision (sec. 2406) that would extend the authorization contained in section 2401 of the Military 

Construction Authorization Act for Fiscal Year 2014 (division B of 

Public Law 113–66) for ten projects until October 1, 2017, or the 

date of enactment of an act authorizing funds for the military construction for fiscal year 2018, whichever is later. 

The House amendment contained an identical provision (sec. 

2406). 

The conference agreement includes this provision. 

TITLE XXV—INTERNATIONAL PROGRAMS

Summary 

The budget request included authorization of appropriations of 

$177.9 million for military construction in fiscal year 2017 for the 

North Atlantic Treaty Organization (NATO) Security Investment 

Program. In addition, pursuant to agreement with the Republic of 

Korea, the budget request included a list of $618.6 million in military construction projects to be funded as in-kind contributions by 

the Republic of Korea. 

The conference agreement includes this amount for the NATO 

projects and the authorization to accept the military construction 

projects funded by the Republic of Korea. 


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Subtitle A—North Atlantic Treaty Organization Security 

Investment Program 

Authorized NATO construction and land acquisition projects (sec. 

2501) 

The Senate bill contained a provision (sec. 2501) that would 

authorize the Secretary of Defense to make contributions to the 

North Atlantic Treaty Organization Security Investment Program 

in an amount equal to the sum of the amount specifically authorized in section 2502 of this title and the amount of recoupment due 

to the United States for construction previously financed by the 

United States. 

The House amendment contained an identical provision (sec. 

2501). 

The conference agreement includes this provision. 

Authorization of appropriations, NATO (sec. 2502) 

The Senate bill contained a provision (sec. 2502) that would 

authorize appropriations of $177.9 million for the U.S. contribution 

to the North Atlantic Treaty Organization Security Investment 

Program for fiscal year 2017. 

The House amendment contained an identical provision (sec. 

2502). 

The conference agreement includes this provision. 

Subtitle B—Host Country In-Kind Contributions 

Republic of Korea funded construction projects (sec. 2511) 

The Senate bill contained a provision (sec. 2511) that would 

authorize the Secretary of Defense to accept 19 military construction projects totaling $684.1 million from the Republic of Korea as 

in-kind contributions. 

The House amendment contained no similar provision. 

The House recedes with a technical amendment. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES

Summary 

The budget request included $672.7 million for military construction for National Guard and Reserve facilities for fiscal year 

2017. 

The conference agreement includes authorization of appropriations of $781.2 million for military construction for National Guard 

and Reserve facilities in fiscal year 2017. 

The agreement includes authorization for three projects from 

the Army National Guard’s unfunded requirements list: $16.5 million for National Guard Readiness Center at Fort Carson, Colorado; 

$20.0 million for Access Control Buildings at Fort Indiantown Gap, 

Pennsylvania; and $31.0 million for a General Instruction Building 

at Camp Guernsey, Wyoming. 

The agreement includes authorization for one project from the 

Army Reserves unfunded requirements list: $30.0 million for an 

Army Reserve Center in Phoenix, Arizona. 


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The agreement includes authorization for two projects from the 

Air National Guard’s unfunded requirements list: $5.0 million for 

Munitions Load Crew Training/Corrosion Control Facility at Joint 

Base Andrews, Maryland and $6.0 million for Indoor Small Arms 

Range at Toledo Express Airport, Ohio. 

Subtitle A—Project Authorizations and Authorizations of 

Appropriations 

Authorized Army National Guard construction and land acquisition 

projects (sec. 2601) 

The Senate bill contained a provision (sec. 2601) that would 

authorize military construction projects for the Army National 

Guard for fiscal year 2017. The authorized amounts are listed on 

an installation-by-installation basis. 

The House amendment contained a similar provision (sec. 

2601). 

The Senate recedes with a technical amendment. 

Authorized Army Reserve construction and land acquisition projects 

(sec. 2602) 

The Senate bill contained a provision (sec. 2602) that would 

authorize military construction projects for the Army Reserve for 

fiscal year 2017. The authorized amounts are listed on an installation-by-installation basis. 

The House amendment contained a similar provision (sec. 

2602). 

The House recedes. 

Authorized Navy Reserve and Marine Corps Reserve construction 

and land acquisition projects (sec. 2603) 

The Senate bill contained a provision (sec. 2603) that would 

contain the list of authorized Navy Reserve and Marine Corps Reserve construction projects for fiscal year 2017. 

The House amendment contained an identical provision (sec. 

2603). 

The conference agreement includes this provision. 

Authorized Air National Guard construction and land acquisition 

projects (sec. 2604) 

The Senate bill contained a provision (sec. 2604) that would 

authorize military construction projects for the Air National Guard 

for fiscal year 2017. The authorized amounts are listed on an installation-by-installation basis. 

The House amendment contained a similar provision (sec. 

2604). 

The Senate recedes. 

Authorized Air Force Reserve construction and land acquisition 

projects (sec. 2605) 

The Senate bill contained a provision (sec. 2605) that would 

authorize military construction projects for the Air Force Reserve 

for fiscal year 2017. The authorized amounts are listed on an installation-by-installation basis. 


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The House amendment contained a similar provision (sec. 

2605). 

The House recedes. 

Authorization of appropriations, National Guard and Reserve (sec. 

2606) 

The Senate bill contained a provision (sec. 2606) that would 

authorize appropriations for the reserve component military construction projects authorized for construction for fiscal year 2017 in 

this Act. This provision would also provide an overall limit on the 

amount authorized for military construction projects for each of the 

reserve components of the military departments. The state list contained in this report is the binding list of the specific projects authorized at each location. 

The House amendment contained an identical provision (sec. 

2606). 

The conference agreement includes this provision. 

Subtitle B—Other Matters 

Modification of authority to carry out certain fiscal year 2014 

project (sec. 2611) 

The Senate bill contained a provision (sec. 2611) that would 

modify the authorization contained in section 2602 of the Military 

Construction Authorization Act for Fiscal Year 2014 (division B of 

Public Law 113–66) for construction of a new Army Reserve Center 

at Bullville, New York to allow the Secretary of the Army to add 

to or alter the existing Army Reserve Center at that location. 

The House amendment contained an identical provision (sec. 

2611). 

The conference agreement includes this provision. 

Modification of authority to carry out certain fiscal year 2015 

project (sec. 2612) 

The Senate bill contained a provision (sec. 2612) that would 

modify the authorizations contained in section 2603 of the Military 

Construction Authorization Act for Fiscal Year 2015 (division B of 

Public Law 113–291), for construction of a Reserve Training Center 

in Pittsburgh, Pennsylvania to allow the acquisition of approximately 8.5 acres of adjacent land necessary to construct road improvements and associated supporting facilities to provide required 

access to that site. 

The House amendment contained an identical provision (sec. 

2612). 

The conference agreement includes this provision. 

Modification of authority to carry out certain fiscal year 2016 

project (sec. 2613) 

The House amendment contained a provision (sec. 2613) that 

would modify the authority provided by section 2602 of the Military 

Construction Authorization Act for Fiscal Year 2016 (division B of 

Public Law 114–92) to authorize the Secretary of the Army to make 

certain modifications to the scope of a previously authorized construction project. 


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The Senate bill contained no similar provision. 

The Senate recedes. 

Extension of authorization of certain fiscal year 2013 project (sec. 

2614) 

The Senate bill contained a provision (sec. 2613) that would extend the authorization contained in section 2603 of the Military 

Construction Authorization Act for Fiscal Year 2013 (division B of 

Public Law 112–239) for one project until October 1, 2017, or the 

date of the enactment of an act authorizing funds for military construction for fiscal year 2018, whichever is later. 

The House amendment contained an identical provision (sec. 

2614). 

The conference agreement includes this provision. 

Extension of authorizations of certain fiscal year 2014 projects (sec. 

2615) 

The Senate bill contained a provision (sec. 2614) that would extend the authorization contained in sections 2602, 2603, 2604, and 

2605 of the Military Construction Authorization Act for Fiscal Year 

2014 (division B of Public Law 113–66) for six projects until October 1, 2017, or the date of the enactment of an act authorizing 

funds for military construction for fiscal year 2018, whichever is 

later. 

The House amendment contained an identical provision (sec. 

2615). 

The conference agreement includes this provision. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Report on replacement of security forces and communications training facility at Frances S. Gabreski Air National Guard Base, 

New York 

The Senate bill contained a provision (sec. 2615) that would require the Secretary of the Air Force to submit a report to the congressional defense committees assessing the need to replace security forces and communication facilities at Frances S. Gabreski Air 

National Guard Base, New York. 

The House amendment contained no similar provision. 

The Senate recedes. 

The conferees direct the Secretary of the Air Force to provide 

the congressional defense committees, by April 1, 2017, a report detailing an assessment of the need to replace security forces and 

communication facilities at Frances S. Gabreski Air National 

Guard Base, New York. 

TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES

Summary 

The budget request included authorization of appropriations of 

$205.2 million for the ongoing cost of environmental remediation 

and other activities necessary to continue implementation of the 

1988, 1991, 1993, 1995, and 2005 Base Realignment and Closure 

(BRAC) rounds. 


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The conference agreement includes authorization of appropriations of $240.7 million for activities related to BRAC activities from 

previous rounds. This includes $24.5 million, an increase of $10.0 

million, for the Army, $159.4 million, an increase of $25.0 million, 

for the Navy, and $56.4 million, as included in the budget request, 

for the Air Force. 

Extension of authorizations of certain fiscal year 2014 projects (sec. 

2701) 

The Senate bill contained a provision (sec. 2701) that would 

authorize appropriations for fiscal year 2017 for ongoing activities 

that are required to implement the decisions of the 1988, 1991, 

1993, 1995, and 2005 Base Realignment and Closure rounds. 

The House amendment contained an identical provision (sec. 

2701). 

The conference agreement includes this provision. 

Prohibition on conducting additional base realignment and closure 

(BRAC) round (sec. 2702) 

The Senate bill contained a provision (sec. 2702) that would 

make clear that nothing in this Act shall be construed to authorize 

a future Base Realignment and Closure (BRAC) round. Elsewhere 

in the Act, the Senate recommended a reduction of $4.0 million for 

BRAC planning activities. 

The House amendment contained a similar provision (sec. 

2701). 

The House recedes. 

The conferees remain concerned that the Secretary of Defense 

has yet to provide the force structure plan, the infrastructure inventory, and the assessment of infrastructure necessary to support 

the force structure that were required to be prepared under section 

2815 of the National Defense Authorization Act for Fiscal Year 

2016 (Public Law 114–92; 129 Stat. 1175). The conferees believe 

this congressionally directed report is necessary in order to evaluate the Department’s need, and request for a new base realignment 

and closure round. 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military Family 

Housing Changes 

Modification of criteria for treatment of laboratory revitalization 

projects as minor military construction projects (sec. 2801) 

The Senate bill contained a provision (sec. 220) that would 

modify the authority to use minor military construction to revitalize antiquated laboratories and to increase the scope of the 

projects that are allowed under this provision to $6.0 million. Additionally, this provision would extend the authorization to 2025. 

The House amendment contained a similar provision (sec. 

2801). 

The Senate recedes with an amendment that includes the extension of the authorization through 2025. 


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Classification of facility conversion projects as repair projects (sec. 

2802) 

The House amendment contained a provision (sec. 2802) that 

would amend section 2811 of title 10, United States Code, to reclassify facility conversion as repair, thereby allowing all work 

within the existing dimensions of a facility to be considered repair. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Limited authority for scope of work increase (sec. 2803) 

The Senate bill contained a provision (sec. 2802) that would 

allow the Department of Defense to increase the scope of military 

construction projects by up to 10 percent above the amount authorized by Congress after notifying the appropriate congressional committees. 

The House amendment contained no similar provision. 

The House recedes. 

Extension of temporary, limited authority to use operation and 

maintenance funds for construction projects in certain areas 

outside the United States (sec. 2804) 

The Senate bill contained a provision (sec. 2801) that would reauthorize contingency construction authority in certain areas outside the United States for an additional year. 

The House amendment contained a similar provision (sec. 

2803) that would provide continued authority for the Secretary of 

Defense to use funds appropriated for Operation and Maintenance 

for military construction to meet temporary operational requirements during a time of declared war, national emergency, or contingency operation through the end of fiscal year 2017. 

The Senate recedes. 

Authority to expand energy conservation construction program to include energy resiliency projects (sec. 2805) 

The House amendment contained a provision (sec. 2805) that 

would amend section 2914 of title 10, United States Code, to address gaps in the information contained in congressional notifications submitted by the Secretary of Defense for the Energy Conservation Investment Program. This section would also add an annual reporting requirement on the status of projects being executed 

under the program beginning with fiscal year 2017 and ending 

with fiscal year 2020. 

The Senate bill contained a related provision (sec. 2811) that 

would allow the Energy Conservation Investment Program to invest in projects relating to resiliency and security. 

The Senate recedes with an amendment to expand the authority of the Energy Conservation Investment Program to include resiliency projects. 

Additional entities eligible for participation in defense laboratory 

modernization pilot program (sec. 2806) 

The House amendment contained a provision (sec. 2806) that 

would expand the defense laboratory modernization pilot program 

to include a Department of Defense research, development, test, 


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and evaluation facility that is not designated as a Science and 

Technology Reinvention Laboratory, but nonetheless is involved 

with developmental test and evaluation. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Extension of temporary 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 (sec. 2807) 

The Senate bill contained a provision (sec. 2803) that would 

make permanent the authority to accept contributions from the 

Government of Kuwait for certain infrastructure projects that are 

mutually beneficial to the Department of Defense and Kuwait Military Forces. 

The House amendment contained a similar provision (sec. 

2804) that would extend for 5 years the temporary project authority for acceptance and use of contributions for construction, maintenance, and repair projects mutually beneficial to the Department 

of Defense and Kuwait military forces from September 30, 2020, to 

September 30, 2025. 

The House recedes with an amendment that would extend the 

temporary project authority for 10 years. 

Subtitle B—Real Property and Facilities Administration 

Acceptance of military construction projects as payments in-kind 

and in-kind contributions (sec. 2811) 

The House amendment contained a provision (sec. 2811) that 

would establish a notification requirement for payment in-kind and 

in-kind contributions used for overseas military construction 

projects and repeal the authorization requirement established for 

such projects in section 2803 of the Carl Levin and Howard P. 

‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 

2015 (Public Law 113–291). 

The Senate bill contained no similar provision. 

The Senate recedes with a technical amendment. 

Allotment of space and provision of services to WIC offices operating 

on military installations (sec. 2812) 

The House amendment contained a provision (sec. 2813) that 

would authorize the Secretary of a military department to allot 

space and services on military installations to local agencies administering WIC programs to service members and their families. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Sense of Congress regarding inclusion of stormwater systems and 

components within the meaning of ‘‘wastewater system’’ under 

the Department of Defense authority for conveyance of utility 

systems (sec. 2813) 

The House amendment contained a provision (sec. 2815) that 

would express the sense of Congress that stormwater systems and 

components are included within the meaning of ‘‘wastewater sysVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 01333 Fmt 6601 Sfmt 6601 E:\HR\OC\HR840.XXX HR840

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tem’’ under the Department of Defense authority for conveyance of 

utility systems in section 2688 of title 10, United States Code. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Assessment of public schools on Department of Defense installations 

(sec. 2814) 

The Senate bill contained a provision (sec. 575) that would require the Comptroller General of the United States to submit a report, within 1 year after the date of enactment of this Act, which 

provides an analysis of the condition and capacity of public schools 

on military installations. The provision would require the analysis 

to include schools omitted from the July 2011 Department of Defense analysis of such schools. 

The House amendment contained a provision (sec. 2816) that 

would require the Secretary of Defense, within 1 year of the date 

of enactment of this Act, to submit a report to the congressional defense committees, which includes an update to the July 2011 assessment on the condition and capacity of elementary and secondary public schools on military installations. 

The Senate recedes with an amendment that would require the 

Secretary to submit additional information in the report required 

under this provision on the status of funds appropriated and the 

schedule for completion of projects approved for funding. Additionally, the provision would require the Comptroller General of the 

United States to submit a report to the congressional defense committees, within 180 days after the date of submission of the report 

by the Secretary, providing an evaluation of the accuracy and analytical sufficiency of the updated assessment conducted by the Department of Defense. 

Prior certification required for use of Department of Defense facilities by other Federal agencies for temporary housing support 

(sec. 2815) 

The House amendment contained a provision (sec. 2812) that 

would prohibit any military installation, not including those installations located outside of the United States, from being used to 

house unaccompanied alien children. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would require the 

Secretary of Defense to certify that the use of federal facilities by 

another agency would not negatively affect military training, operations, readiness, or other military requirements. 

Subtitle C—Land Conveyances 

Land conveyances, High Frequency Active Auroral Research Program facility and adjacent property, Gakona, Alaska (sec. 2821) 

The Senate bill contained a provision (sec. 2823) that would 

authorize the Secretary of the Air Force to convey a portion of the 

property that was used for the High Frequency Active Auroral Research Program near the Gulkana Village to the University of Alaska for consideration that the Secretary determines is appropriate. 

The provision would authorize the Secretary of the Air Force to 


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convey another portion of the property, for consideration, to the 

Ahtna Alaska Native Corporation from which the property was 

purchased by the Secretary. 

The House amendment contained a similar provision (sec. 

2831). 

The House recedes. 

Land conveyance, Campion Air Force Radar Station, Galena, Alaska (sec. 2822) 

The Senate bill contained a provision (sec. 2822) that would 

authorize the Secretary of the Air Force to convey the former Campion Air Force station to the town of Galena, Alaska. 

The House amendment contained a similar provision (sec. 

2832). 

The House recedes. 

Lease, Joint Base Elmendorf-Richardson, Alaska (sec. 2823) 

The Senate bill contained a provision (sec. 2826) that would 

authorize the Secretary of the Air Force to lease certain property 

at Joint Base Elmendorf-Richardson to the Municipality of Anchorage, Alaska and Mountain View Loins Club. 

The House amendment contained no similar provision. 

The House recedes. 

Transfer of administrative jurisdictions, Navajo Army Depot, Arizona (sec. 2824) 

The Senate bill contained a provision (sec. 2825) that would 

provide for the transfer of administrative jurisdiction of property at 

Navajo Army Depot, Arizona, to the Department of the Army for 

the purposes of continued military operations. 

The House amendment contained no similar provision. 

The House recedes with a technical amendment. 

Exchange of property interests, San Diego Unified Port District, 

California (sec. 2825) 

The House amendment contained a provision (sec. 2833) that 

would authorize the Secretary of the Navy to exchange approximately 0.33 acres in San Diego, California that contains 48 parking 

spaces, with the San Diego Unified Port District in return for property of equal value, and without encumbrances, that provides the 

rights to an equivalent number of parking spaces. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Release of property interests retained in connection with land conveyance, Eglin Air Force Base, Florida (sec. 2826) 

The House amendment contained a provision (sec. 2834) that 

would authorize the Secretary of the Air Force to release any and 

all exceptions, limitations, and conditions specified by the United 

States in the deeds conveying approximately 126 acres of real property in Okaloosa County, Florida, which were conveyed to the Air 

Force Enlisted Men’s Widows and Dependents Home Foundations, 

Incorporated. 

The Senate bill contained no similar provision. 


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The Senate recedes with a technical amendment. 

Land exchange, Fort Hood, Texas (sec. 2827) 

The House amendment contained a provision (sec. 2835) that 

would authorize the Secretary of the Army to exchange land at 

Fort Hood, Texas, with the City of Copperas Cove, Texas, to support the city’s efforts to improve arterial transportation routes in 

the vicinity of Fort Hood and to promote economic development. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Land conveyance, P–36 Warehouse, Colbern United States Army Reserve Center, Laredo, Texas (sec. 2828) 

The House amendment contained a provision (sec. 2836) that 

would authorize the Secretary of the Army to convey, without consideration, to the Laredo Community College all right, title, and interest of the United States in and to the approximately 725 square 

foot Historic Building, P–36 Quartermaster Warehouse, at Colbern 

United States Army Reserve Center, Laredo, Texas. 

The Senate bill contained no similar provision. 

The Senate recedes with a technical amendment. 

Land conveyance, St. George National Guard Armory, St. George, 

Utah (sec. 2829) 

The House amendment contained a provision (sec. 2837) that 

would authorize the Secretary of the Interior to covey, without consideration, to the State of Utah all right, title, and interest of the 

United States in and to a parcel of public land in St. George, Utah, 

comprising approximately 70 acres, for the purpose of permitting 

the Utah National Guard to use the conveyed land for military purposes. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would include a 

reversionary clause. 

Land acquisitions, Arlington County, Virginia (sec. 2829A) 

The Senate bill contained a provision (sec. 2821) that would 

authorize the Secretary of the Army to acquire by whatever means 

the Secretary determines is sufficient for the expansion of Arlington National Cemetery in order to maximize the number of interment sites and the compatible use of adjacent properties. 

The House amendment contained no similar provision. 

The House recedes with a technical amendment. 

Release of restrictions, Richland Innovation Center, Richland, 

Washington (sec. 2829B) 

The House amendment contained a provision (sec. 2838) that 

would authorize the Secretary of Transportation, acting through 

the Maritime Administrator and in consultation with the Administrator of General Services, to release, for consideration, to the Port 

of Benton all remaining right, title, and interest of the United 

States in and to a parcel of real property consisting of approximately 71.5 acres, including any improvements thereon, in Richland, Washington. 


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The Senate bill contained no similar provision. 

The Senate recedes. 

Modification of land conveyance, Rocky Mountain Arsenal National 

Wildlife Refuge (sec. 2829C) 

The House amendment contained a provision (sec. 2839) that 

would amend section 5(d)(1) of the Rocky Mountain Arsenal National Wildlife Refuge Act of 1992 (Public Law 102–402), to stipulate that any real property designated for disposal under this section that prohibits the use of the property for residential or industrial purposes may be modified or removed if it is determined, 

through a risk assessment, that the property is protective for the 

proposed use. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would allow property to be used if a determination is made that the property will 

be protective of human health and the environment for the proposed use with an adequate margin of safety following the modification or removal of the restriction. The provision would further 

state that the Secretary of the Army is not responsible for the cost 

of risk assessment, any damages attributable to the use as a result 

of any modification to the original deed restriction, or costs of any 

actions taken in response to such damages. 

Closure of St. Marys Airport (sec. 2829D) 

The House amendment contained a provision (sec. 2839A) that 

would provide for the release of the City of St. Marys, Georgia, 

from its obligations to the Federal Aviation Administration (FAA) 

associated with operation of an airport and for the Secretary of the 

Navy to pay for certain costs owed by the City of St. Marys to FAA 

associated with the release. This would then lead to the closure of 

the airport. 

The Senate bill contained no similar provision. 

The Senate recedes. 

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. 

2829E) 

The Senate bill contained a provision (sec. 2824) that would 

transfer the administrative jurisdiction of the Fort Belvoir Mark 

Center, where the Washington Headquarters Service is located, 

from the Secretary of the Army to the Secretary of Defense. 

The House amendment contained no similar provision. 

The House recedes. 

Return of certain lands at Fort Wingate to the original inhabitants 

(sec. 2829F) 

The House amendment contained a provision (sec. 7005) that 

would incorporate the Return of Certain Lands at Fort Wingate to 

The Original Inhabitants Act into this Act. This Act would require 

all U.S. interest in and to specified lands of the former Fort 

Wingate Depot Activity in McKinley County, New Mexico, transferred to the Department of the Interior to be held in trust for: (1) 


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the Zuni Tribe as part of the Zuni Reservation; and (2) the Navajo 

Nation as part of the Navajo Reservation. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would limit the 

term of the utility easements. 

Subtitle D—Military Memorials, Monuments, and Museums 

Cyber Center for Education and Innovation—Home of the National 

Cryptological Museum (sec. 2831) 

The Senate bill contained a provision (sec. 1673) that would 

authorize the Secretary of Defense to establish a Cyber Center for 

Education and Innovation and National Cryptologic Museum at 

Fort George G. Meade, and to enter into an agreement with a nonprofit organization to design, construct, and operate the Center. 

The House amendment contained a similar provision (sec. 

2851). 

The Senate recedes with technical amendment. 

Renaming site of the Dayton Aviation Heritage National Historical 

Park, Ohio (sec. 2832) 

The House amendment contained a provision (sec. 2852) that 

would modify the name of the John W. Berry, Sr. Wright Brothers 

Aviation Center, Dayton, Ohio, to the John W. Berry, Sr. Wright 

Brothers National Museum, Dayton, Ohio. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Women’s military service memorials and museums (sec. 2833) 

The Senate bill contained a provision (sec. 340) that would provide permissive authority to the Secretary of Defense to enter into 

a contract, or contracts, valued at no more than $5,000,000, with 

a non-profit organization for the acquisition, installation, and 

maintenance of exhibits, facilities, historical displays, and programs at military service memorials and museums that highlight 

the role of women in the military. 

The House amendment contained a similar provision (sec. 

2853). 

The House recedes. 

The conferees note the important role of women in the military 

history of the United States and directs the Secretary of Defense 

to notify the congressional defense committees upon funding being 

used to honor the service and sacrifice of these women. 

Petersburg National Battlefield boundary modification (sec. 2834) 

The House amendment contained a provision (sec. 2854) that 

would authorize the Secretary of the Interior to acquire the land 

and interest in land, only from willing sellers and without use of 

condemnation, to expand the boundary of the Petersburg National 

Battlefield. This section would also authorize a land swap of approximately 1.170-acres between the Secretary of the Interior and 

the Secretary of the Army. 

The Senate bill contained no similar provision. 

The Senate recedes with a technical amendment. 


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Subtitle E—Designations and Other Matters 

Designation of portion of Moffett Federal Airfield, California, as 

Moffett Air National Guard Base (sec. 2841) 

The House amendment contained a provision (sec. 2861) that 

would designate the 111–acre cantonment area at Moffett Federal 

Airfield, California, utilized by the California Air National Guard 

as ‘‘Moffett Air National Guard Base.’’ 

The Senate bill contained no similar provision. 

The Senate recedes. 

Redesignation of Mike O’Callaghan Federal Medical Center (sec. 

2842) 

The House amendment contained a provision (sec. 2862) that 

would rename the Mike O’Callaghan Federal Medical Center to the 

Mike O’Callaghan Military Medical Center by amending the Military Construction Authorization Act for Fiscal Year 1997 (division 

B of Public Law 104–201), as amended by section 8135(a) of the 

Department of Defense Appropriations Act, 1997 (section 101(b) of 

division A of the Omnibus Consolidated Appropriations Act, 1997 

(Public Law 104–208), and as amended by section 2862 of the Military Construction Authorization Act for Fiscal Year 2012 (division 

B of Public Law 112–81). 

The Senate bill contained no similar provision. 

The Senate recedes. 

Replenishment of Sierra Vista subwatershed regional aquifer, Arizona (sec. 2843) 

The Senate bill contained a provision that would allow the Secretary of the Army or the Secretary of the Interior to enter into a 

cooperative agreement with the Cochise Conservation Recharge 

Network, Arizona, in support of efforts to replenish the regional aquifer identified under Section 321(g) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136). 

The House amendment contained no similar provision. 

The House recedes. 

Limited exceptions to restriction on development of public infrastructure in connection with realignment of Marine Corps forces 

in Asia-Pacific region (sec. 2844) 

The House amendment contained a provision (sec. 2821) that 

would amend restrictions placed on the development of civilian infrastructure on Guam to support the realignment of Marine Corps 

Forces in the Asia-Pacific region to allow the use of funds for infrastructure projects that are identified in the report of the Economic 

Adjustment Committee required by section 2822(d) of the National 

Defense Authorization Act for Fiscal Year 2014 (Public Law 113– 

66). 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would lift the restriction for the cultural repository facility where artifacts discovered during military construction projects would be stored. 


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Permanent withdrawal or transfer of administrative jurisdiction of 

public land, Naval Air Weapons Station China Lake, California 

(sec. 2845) 

The House amendment contained a provision (sec. 2842) that 

would amend section 2979 of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66) to 

make permanent or authorize transfer of administrative jurisdiction of the public land withdrawal for Naval Air Weapons China 

Lake, California. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would provide for 

a 50 year withdrawal of the land. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Sense of Congress on maximizing number of veterans employed on 

military construction projects 

The House amendment contained a provision (sec. 2807) that 

would express the sense of Congress that the Department of Defense should seek ways to employ veterans on military construction 

projects. 

The Senate bill contained no similar provision. 

The House recedes. 

Authority of the Secretary concerned to accept lessee improvements 

at Government-owned/contractor-operated industrial plants or 

facilities 

The Senate bill contained a provision (sec. 2812) that would 

amend section 2535 of title 10, United States Code, to allow a service secretary to accept facility improvements of the leased plant or 

facility if necessary for the development or production of military 

weapon systems, munitions, components, or supplies. Upon completion of the improvement the Department of Defense would assume 

ownership. 

The House amendment contained no similar provision. 

The Senate recedes. 

Treatment of insured depository institutions operating on land 

leased from military installations 

The Senate bill contained a provision (sec. 2813) that would 

amend section 2667 of title 10, United States Code, to authorize 

the Secretary concerned to treat all Federal or State chartered insured depository institutions to be treated equally with regard to 

certain financial arrangements. 

The House amendment contained no similar provision. 

The Senate recedes. 

Sense of Congress regarding need to consult with State and local officials prior to acquisitions of real property 

The House amendment contained a provision (sec. 2814) that 

would express the sense of Congress regarding the need for the Department of Defense to consult with state and local officials prior 

to acquisitions of real property. 

The Senate bill contained no similar provision. 


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The House recedes. 

Improved process for disposal of Department of Defense surplus real 

property located overseas 

The House amendment contained a provision (sec. 2817) that 

would amend section 2687a of title 10, United States Code, to require the Secretary of Defense to establish a process for foreign 

governments to petition to transfer surplus real estate property in 

the foreign country. 

The Senate bill contained no similar provision. 

The House recedes. 

Prohibition on transfer of administrative jurisdiction, portion of 

Organ Mountains Area, Fillmore Canyon, New Mexico 

The House amendment contained a provision (sec. 2839B) that 

would prohibit the Secretary of Defense from transferring the administrative jurisdiction over the parcel of Federal land depicted as 

‘‘Parcel D’’ on the map entitled ‘‘Organ Mountains Area—Fillmore 

Canyon’’ and dated April 19, 2016 from the Department of Defense 

to the Secretary of the Interior. 

The Senate bill contained no similar provision. 

The House recedes. 

Bureau of Land Management withdrawn military lands under Military Lands Withdrawal Act of 1999 

The House amendment contained a provision (sec. 2841) that 

would extend the public lands withdrawn for military purposes listed in the Military Lands Withdrawal Act of 1999 (title 30 of Public 

Law 106–65) until the Secretary of a military department determines a military purpose does not exist, or the Secretary of Interior 

permanently transfers the administrative jurisdiction to the Secretary of the military department concerned. 

The Senate bill contained no similar provision. 

The House recedes. 

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 

The Senate bill contained a provision (sec. 2851) that would 

prohibit the expenditure of any funds for the construction of hangars, housing, maintenance or related facilities to support any current or future F/A–18 or F–35 squadrons at Naval Air Station 

Lemoore until an analysis of operational requirements confirms 

that Naval Air Station Lemoore is the optimal location for those 

squadrons. 

The House amendment contained no similar provision. 

The Senate recedes. 

Amendments to the National Historic Preservation Act 

The House amendment contained a provision (sec. 2855) that 

would prohibit the designation of Federal property as a National 

Historic Landmark or for nomination to the World Heritage List if 

the head of the agency managing the Federal property objects to 

such inclusion or designation for reasons of national security. This 


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section would also authorize the expedited removal of Federal property listed on the National Register of Historic Places if the managing agency of that Federal property submits a request to the Secretary of Interior for such removal for reasons of national security. 

The Senate bill contained no similar provision. 

The House recedes. 

Recognition of the National Museum of World War II Aviation 

The House amendment contained a provision (sec. 2856) that 

would require a certification by the Secretary of the Air Force, Secretary of the Navy, and Secretary of the Army to allow recognition 

of the National Museum of World War II Aviation in Colorado 

Springs, Colorado, as America’s National World War II Aviation 

Museum. 

The Senate bill contained no similar provision. 

The House recedes. 

Battleship preservation grant program 

The House amendment contained a provision (sec. 2857) that 

would create a grant program for the Department of the Interior 

for the preservation of United States’ most historic battleships. 

The Senate bill contained no similar provision. 

The House recedes. 

Implementation of lesser prairie-chicken range-wide conservation 

plan and other conservation measures 

The House amendment contained a provision (sec. 2865) that 

would prohibit the Secretary of Interior from treating the Lesser 

Prairie Chicken as a threatened or endangered species under the 

Endangered Species Act of 1973 before December 31, 2022. 

The Senate bill contained no similar provision. 

The House recedes. 

Transfer of certain items of the Omar Bradley Foundation to the descendants of General Omar Bradley 

The House amendment contained a provision (sec. 2863) that 

would authorize the transfer of certain items of the Omar Bradley 

estate under the control of the Omar Bradley Foundation to the descendants of General Omar Bradley. 

The Senate bill contained no similar provision. 

The House recedes. 

Protection and recovery of Greater Sage Grouse 

The House amendment contained a provision (sec. 2864) would 

delay any finding by the Secretary of the Interior with respect to 

the Greater Sage Grouse under clause (i), (ii), or (iii) of section 

4(b)(3)(B) of the Endangered Species Act of 1973 (16 U.S.C. 

1533(b)(3)(B)) through September 30, 2025. In an effort to foster 

greater coordination between the States and the Federal Government regarding management plans for the Greater Sage Grouse, 

this section would prohibit the Secretary of the Interior and the 

Secretary of Agriculture from amending any Federal resource management plan applicable to Federal lands in a State in which the 

Governor of the State has notified the Secretaries concerned that 


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the State has a State management plan in place. Lastly, this section would also require the Secretary of the Interior and the Secretary of Agriculture to jointly submit an annual report to the 

Committee on Natural Resources of the House of Representatives 

through 2026 on the effectiveness of the systems to monitor the 

status of Greater Sage Grouse on Federal lands under their jurisdiction. 

The Senate bill contained no similar provision. 

The House recedes. 

Removal of endangered species status for American burying beetle 

The House amendment contained a provision (sec. 2866) would 

remove the endangered species status for the American Burying 

Beetle. 

The Senate bill contained no similar provision. 

The House recedes. 

Report on documentation for acquisition of certain properties along 

Columbia River, Washington, by Corps of Engineers 

The House amendment contained a provision (sec. 2867) that 

would require a report from the Secretary of the Army on the process by which the Corps of Engineers acquired certain properties 

along the Columbia River in Washington. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees direct the Secretary of the Army to provide a report to the congressional defense committees by March 1, 2017 on 

the process by which the Corps of Engineers acquired certain properties along the Columbia River in Washington as described in 

paragraph (2) of section 501(i) of the Water Resources Development 

Act of 1996 (Public Law 104–303; 110 Stat. 3752), and shall include 

in the report the specific legal documentation pursuant to which 

the properties were acquired. 

TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY

CONSTRUCTION

Authorized Navy construction and land acquisition projects (sec. 

2901) 

The Senate bill contained a provision (sec. 2901) that would 

authorize Navy and Marine Corps military construction projects for 

fiscal year 2017 for overseas contingency operations. The authorized amounts are listed on an installation-by-installation basis. 

The House amendment contained an identical provision (sec. 

2901). 

The conference agreement includes this provision. 

Authorized Air Force construction and land acquisition projects 

(sec. 2902) 

The Senate bill contained a provision (sec. 2902) that would 

authorize Air Force military construction projects for fiscal year 

2017 for overseas contingency operations. The authorized amounts 

are listed on an installation-by-installation basis. 


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The House amendment contained an identical provision (sec. 

2902). 

The conference agreement includes this provision. 

Authorization of appropriations (sec. 2903) 

The Senate bill contained a provision (sec. 2903) that would 

authorize appropriations for military construction for the specified 

projects in the overseas contingency operations account for fiscal 

year 2017. 

The House amendment contained a similar provision (sec. 

2903). 

The Senate recedes. 

TITLE XXX—UTAH TEST AND TRAINING RANGE AND RELATED

MATTERS

Subtitle A—Authorization for Temporary Closure of Certain Public 

Land Adjacent to the Utah Test and Training Range 

Definitions (sec. 3001) 

The Senate bill contained a provision (sec. 2832) that would define the terms Exchange Map, Federal Land, Non-Federal Land, 

Secretary, and State. 

The House amendment contained a similar provision (sec. 

3001). 

The House recedes with a technical edit. 

Memorandum of agreement (sec. 3002) 

The Senate bill contained a provision (sec. 2833) that would require the Secretary of the Air Force and the Secretary of the Interior to enter into a memorandum of agreement that authorizes the 

Secretary of the Air Force, in consultation with the Secretary of the 

Interior, to impose limited closures of specific Bureau of Land Management land for military operations and national security and 

public safety purposes at the Utah Test and Training Range. 

The House amendment contained a similar provision (sec. 

3011). 

The House recedes with a technical edit. 

Temporary closures (sec. 3003) 

The Senate bill contained a provision (sec. 2834) that would 

allow the Secretary of the Air Force, in consultation with the Secretary of the Interior, to determine necessary temporary closures 

related to the military operations, public safety, or national security. 

The House amendment contained a similar provision (sec. 

3012). 

The House recedes with a technical edit. 

Liability (sec. 3004) 

The Senate bill contained a provision (sec. 2835) that would 

hold harmless the United States, including all departments, agencies, officers, and employees and not be liable for any injury or 

damage to any individual or property suffered in the course of any 


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mining, mineral, or geothermal activity, or any other authorized 

non defense-related activity conduction on BLM Land. 

The House amendment contained an identical provision (sec. 

3014). 

The conference agreement includes this provision. 

Community resource advisory group (sec. 3005) 

The Senate bill contained a provision (sec. 2836) that would require the establishment of the Utah Test and Training Range Community Relations Advisory Group not later than 90 days after enactment of this Act. 

The House amendment contained a similar provision (sec. 

3013). 

The House recedes with an amendment to change the termination period for the advisory group from 10 to 7 years, and authorize the group, acting jointly with Secretary of Interior, to elect 

to terminate the group earlier. 

Savings clauses (sec. 3006) 

The Senate bill contained a provision (sec. 2837) that would 

outline the limitations of this act on current agreements. 

The House amendment contained a similar provision (sec. 

3015). 

The House recedes. 

Subtitle B—Bureau of Land Management Land Exchange with 

State of Utah 

Definitions (sec. 3011) 

The Senate bill contained a provision (sec. 2841) that would 

provide for definitions for BLM Land, Secretary of the Interior, the 

State of Utah, and the Utah Test and Training Range. 

The House amendment contained a similar provision (sec. 

3022). 

The House recedes with a technical edit. 

Exchange of Federal land and non-Federal land (sec. 3012) 

The Senate bill contained a provision (sec. 2842) that would 

outline the manner in which the exchange of federal land and nonfederal land would take place. 

The House amendment contained a similar provision (sec. 

3023). 

The House recedes. 

Status and management of non-Federal land acquired by the 

United States (sec. 3013) 

The Senate bill contained a provision (sec. 2843) that would 

stipulate the management of non-federal land acquired by the 

United States. 

The House amendment contained a similar provision (sec. 

3024). 

The House recedes. 


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Hazardous substances (sec. 3014) 

The Senate bill contained a provision (sec. 2844) that would 

stipulate the responsible party for any costs related to the cleanup 

of hazardous materials. 

The House amendment contained a similar provision (sec. 

3025). 

The House recedes with a technical edit. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Short title 

The Senate bill contained a provision (sec. 2831) that would 

allow for the section to be cited as the ‘‘Utah Test and Training 

Range Encroachment Prevention and Temporary Closure Act.’’ 

The House amendment contained no similar provision. 

The Senate recedes. 

Findings and purpose 

The House amendment contained a provision (sec. 3021) that 

would state the key findings and define the purpose for the Land 

Exchange of certain Federal land and non-Federal land between 

the United States and the State of Utah. 

The Senate bill contained no similar provision. 

The House recedes. 

Recognition and transfer of certain highway rights-of-way 

The House amendment contained a provision (sec. 3031) that 

would recognize the existence and validity of certain highway 

rights-of-way and authorize the Secretary with administrative jurisdiction to convey, without consideration, to certain counties and 

the State of Utah as joint tenants, easements for motorized travel 

rights-of-way across Federal land for all highways as shown and 

described in the official transportation maps, but excludes any 

class D road located within the boundaries of Cedar Mountain Wilderness Area or any wilderness study area designated in law or by 

administrative action in any of the counties. 

The Senate bill contained no similar provision. 

The House recedes. 

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 

National Nuclear Security Administration (sec. 3101) 

The Senate bill contained a provision (sec. 3101) that would 

authorize a total of $12.9 billion for the Department of Energy in 

fiscal year 2017 for the National Nuclear Security Administration 

to carry out programs necessary to national security. 

The House amendment contained a similar provision (sec. 

3101) that would authorize appropriations for the National Nuclear 


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Security Administration for fiscal year 2017 and would also authorize new plant projects for the National Nuclear Security Administration. 

The Senate recedes. 

The Department of Energy’s (DOE) National Nuclear Security 

Administration (NNSA) is pursuing a revised strategy for its 

Chemistry and Metallurgy Research Replacement (CMRR) project 

after spending $500.0 million on the design of the original project 

and cancelling the Nuclear Facility subproject in 2014. The revised 

project, which is now broken down into 4 subprojects, includes renovating two existing facilities, the RLUOB and the PF–4 facility, 

at NNSA’s Los Alamos site and installing plutonium research 

equipment in those facilities to support NNSA’s plutonium pit production and defense plutonium work in the near term. NNSA is 

also studying the possibility that, in the future, it may need to expand the capacity for plutonium chemistry and research beyond 

that provided by the 4 subprojects. In addition, NNSA is looking 

at a modular approach of constructing one or more identical buildings to support future plutonium pit manufacturing requirements 

beyond what can be currently produced in PF–4. In accordance 

with DOE Order 413.3B and the Secretary’s guidance on project 

management, NNSA is currently conducting an analysis of alternatives for the proposed modular approach. 

The conferees are pleased that NNSA has adopted a strategy 

that maximizes the space within existing facilities to the greatest 

extent practicable while continuing to examine options to support 

future work. However, while the conferees recognize the complexity 

and importance of the CMRR project and defense-related plutonium activities in general, the conferees remain concerned that 

NNSA has not adequately estimated the cost and schedule, nor 

properly specified project requirements, for either the CMRR 

project or the proposed modular approach to ensure that the two 

projects together will provide the capabilities needed to support 

NNSA’s plutonium strategy, including legislatively directed pit production levels. 

To enable the conferees to monitor any future cost increases 

and schedule delays associated with these projects, the conferees 

direct NNSA to brief the congressional defense committees, no later 

than October 1, 2017, on the status of its actions taken to address 

the recommendations contained within a recent Government Accountability Office report numbered GAO–16–585 and titled ‘‘DOE 

Project Management: NNSA Needs to Clarify Requirements for Its 

Plutonium Analysis Project at Los Alamos’’. This briefing should be 

accompanied by a written briefing document. 

This briefing should clarify the relationship between the requirements for the CMRR project and the proposed modular approach and NNSA’s plutonium strategy. The briefing should identify any gaps between the capabilities these projects will deliver 

and the requirements of the plutonium strategy and provide information on NNSA plans to address any such gaps. The briefing 

should also address the degree to which these projects can provide 

plutonium capabilities to support other DOE activities outside of 

the Office of Defense Programs. Finally, the briefing should provide 

an update on the analysis of alternatives for the proposed modular 


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approach, including the specific requirements identified, the analysis conducted for each alternative identified, and the proposed 

path forward, if known. 

Defense environmental cleanup (sec. 3102) 

The Senate bill contained a provision (sec. 3102) that would 

authorize appropriations for defense environmental cleanup activities for fiscal year 2017. 

The House amendment contained a similar provision (sec. 

3102). 

The Senate recedes. 

Other defense activities (sec. 3103) 

The Senate bill contained a provision (sec. 3103) that would 

authorize appropriations for other defense activities for the Department of Energy for fiscal year 2017. 

The House amendment contained an identical provision (sec. 

3103). 

The conference agreement includes this provision. 

Nuclear energy (sec. 3104) 

The Senate bill contained a provision (sec. 3104) that would 

authorize appropriations for certain nuclear energy programs for 

the Department of Energy for fiscal year 2017. 

The House amendment contained an identical provision (sec. 

3104). 

The conference agreement includes this provision. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Independent acquisition project reviews of capital assets acquisition 

projects (sec. 3111) 

The House amendment contained a provision (sec. 3111) that 

would ensure that an independent entity conducts reviews of each 

capital asset acquisition project as the project moves toward the approval of each critical decision, 0, 1 and 2 in the acquisition process. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Protection of certain nuclear facilities and assets from unmanned 

aircraft (sec. 3112) 

The House amendment contained a provision (sec. 3119C) that 

would authorize the Secretary of Energy to take actions that are 

necessary to mitigate the threat of an unmanned aircraft system 

or unmanned aircraft that poses an imminent threat to the safety 

or security of a covered facility or asset that is identified by the 

Secretary of Energy, is located in the United States, and is owned 

by the United States, or contracted to the United States, to store 

or use special nuclear material. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would authorize 

the Secretary, notwithstanding title 18 of the United States Code, 

to take actions that are necessary to mitigate the threat (as defined 


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by the Secretary of Energy, in consultation with the Secretary of 

Transportation) that an unmanned aircraft system or unmanned 

aircraft poses to the safety or security of a covered facility or asset. 

The amendment would also clarify the actions that would be authorized. 

Common financial reporting system for the nuclear security enterprise (sec. 3113) 

The Senate Bill contained a provision (sec. 3111) that would 

require the Administrator of the National Nuclear Security Administration (NNSA) to complete implementation of a common financial system for the nuclear security enterprise no later than 3 years 

after the date of enactment of this Act. 

The House amendment contained no similar provision. The 

House recedes with an amendment that would adjust the timeline 

for implementation to four years; require the Administrator to 

work in consultation with NNSA Council; clarify that implementation of a common system should be to the extent practicable; that 

such system should be for common financial reporting system rather than a common financial system; while leveraging CAPE where 

appropriate; and ensure the reports required on progress of implementation include discussion of benefits, costs and challenges related to implementation. 

The conferees note that the intention of this provision is not 

to enforce a single financial accounting system upon the various 

management and operating contractors of the nuclear security enterprise. Instead, this provision seeks, to the extent practicable, 

commonality and consistency in the way the contractors report 

data up to NNSA to better enable NNSA to manage and track programs across the enterprise. 

Rough estimate of total life cycle cost of tank waste cleanup at Hanford Nuclear Reservation (sec. 3114) 

The Senate bill contained a provision (sec. 3121) that would require Department of Energy’s Office of Environmental Management to provide a rough order-of-magnitude estimate of the total 

lifecycle cost of the Waste Treatment and Immobilization Plant 

(WTP) project and tank waste management and treatment operations. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would make technical corrections to the life cycle cost estimation dates as well as 

changing life-cycle cost to a rough estimation of life cycle cost. 

Annual certification of shipments to Waste Isolation Pilot Plant (sec. 

3115) 

The House amendment contained a provision (sec. 3119) that 

would require the Secretary of Energy to certify to the congressional defense committees that the covered contractors are aware 

of the contents of each container shipped to the Waste Isolation 

Pilot Plant and that the Administrator is aware of the contents of 

each container shipped to the Waste Isolation Pilot Plant. 

The Senate bill contained no similar provision. 


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The Senate recedes with an amendment that would make technical corrections. The conferees note that the certification includes 

the WIPP Waste Acceptance Criteria as well as pertinent regulatory requirements for transportation, which are consistent with 

Waste Isolation Pilot Plant Land Withdrawal Act, P.L. 102–579, as 

amended. 

Disposition of weapons-usable plutonium (sec. 3116) 

The Senate bill contained a provision (sec. 3114) that would require the Secretary of Energy to enter into an arrangement with 

the Chief of Engineers to act as an owner’s agent for the Secretary 

with respect to the MOX facility. The Chief would assess the MOX 

facility contract and report to the Secretary on recommended contract changes to reduce risk and cost to the Department of Energy. 

The House amendment contained a provision (sec. 3113) that 

would direct the Secretary of Energy to carry out construction and 

project support activities relating to the MOX facility. The Secretary would be able to waive this requirement if certain conditions 

are satisfied. 

The House recedes with an amendment that makes certain 

technical and conforming amendments to the Senate provision and 

that directs the Secretary of Energy to carry out construction and 

project support activities relating to the MOX facility. 

Design basis threat (sec. 3117) 

The House amendment contained a provision (sec. 3114) that 

would require the Secretary of Energy to update Department of Energy Order 470.3 billion relating to the design basis threat for protecting nuclear weapons, special nuclear material, and other critical assets in the custody of the Department of Energy. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would modify the 

due date to 30 days after the date of enactment of this act. 

Industry best practices in operations at National Nuclear Security 

Administration facilities and sites (sec. 3118) 

The Senate bill contained a provision (sec. 3112) that would require the National Nuclear Security Administration to review how 

to implement industry best practices at its sites consistent with 

maintaining or reducing risks and preserving and protecting 

health, safety, and security. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would include improving mission performance and effectiveness in the purposes of 

the committee established by this section; modify the termination 

date for the committee to 2021; and make other technical conforming changes. The conferees note that industry best practices 

may not always be applicable, especially in the case of high-hazard 

and nuclear operations, and do not intend any changes that would 

reduce or undermine health, safety or security at National Nuclear 

Security Administration sites. 


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Pilot program on unavailability for overhead costs of amounts specified for laboratory-directed research and development (sec. 

3119) 

The Senate bill contained a provision (sec. 3115) that would remove the overhead burden on National Nuclear Security Administration (NNSA) laboratories for Laboratory Directed Research and 

Development (LDRD). 

The House amendment contained a similar provision (sec. 

3119B) that would express the Sense of Congress that the Secretary of Energy should ensure that each laboratory operating contractor or plant or site manager of a NNSA facility adopt generally 

accepted and consistent accounting practices for laboratory, plant, 

or site directed research and development. 

The House recedes with an amendment that would create a 3- 

year pilot program for the exemption of LDRD at national security 

laboratories from overhead changes and require the Administrator 

to submit a report to the congressional defense committees before 

the end of the pilot program that assesses the costs, benefits, risks, 

and other effects of the pilot program. 

Research and development of advanced naval nuclear fuel system 

based on low-enriched uranium (sec. 3120) 

The House amendment contained a provision (sec. 3112) that 

would prohibit authorized funds to be appropriated for the Department of Energy to plan or carry out research and development of 

an advanced naval nuclear fuel system based on low-enriched uranium. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that makes technical 

and conforming changes. 

Increase in certain limitations applicable to funds for conceptual 

and construction design of the Department of Energy (sec. 3121) 

The Senate bill contained a provision (sec. 3116) that would 

update older statutory ceilings for construction design that require 

authorization. 

The House amendment contained no similar provision. 

The House recedes. 

Prohibition on availability of funds for programs in Russian Federation (sec. 3122) 

The House amendment contained a provision (sec. 3115) that 

would prohibit funding to enter into a contract with, or otherwise 

provide assistance to, the Russian Federation. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would adjust the 

Secretary of Energy waiver for urgent circumstances and include 

an exception for not more than $3.0 million that may be spent on 

the Department of Energy’s Russian Health Study Program. 

Limitation on availability of funds for Federal salaries and expenses (sec. 3123) 

The House amendment contained a provision (sec. 3116) that 

would require not more than 90 percent of the National Nuclear 


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Security Administration defense related Federal salaries may be 

obligated or expended until the date on which the Secretary of Energy submits to the congressional defense committees and the congressional intelligence committees an updated plan on the designing and building of prototypes of nuclear weapons, and a description of the determination of the Secretary with respect to the manner in which the designing and building of prototypes of nuclear 

weapons is carried out under such an updated plan. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment containing technical 

conforming changes as well as clarifying the definition of congressional intelligence committees. 

Limitation on availability of funds for defense environmental cleanup program direction (sec. 3124) 

The House amendment contained a provision (sec. 3117) that 

would require no more than 90 percent of funds authorized to be 

appropriated for defense environmental cleanup for program direction may be expended until the Secretary of Energy submits to 

Congress the future-years defense environmental cleanup plan. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Limitation on availability of funds for acceleration of nuclear weapons dismantlement (sec. 3125) 

The Senate bill contained a provision (sec. 3113) that would 

limit the rate at which the National Nuclear Security Agency is authorized to dismantle weapons to the schedule and funding profile 

put forth in the fiscal year 2016 stockpile stewardship and management plan but which provided for an exception if the budget request included a certain amount of funding for nuclear weapons 

modernization. 

The House amendment contained a similar provision (sec. 

3118) that would limit funding to be obligated or expended in fiscal 

years 2017 to 2021 to carry out the nuclear weapons dismantlement and disposition activities of the National Nuclear Security 

Administration. 

The Senate recedes with an amendment that would strike the 

prohibition on the dismantlement of the W84 warhead. 

Subtitle C—Plans and Reports 

Independent assessment of technology development under defense 

environmental cleanup program (sec. 3131) 

The House amendment contained a provision (sec. 3124) that 

would require the Secretary of Energy, in association with the National Academy of Sciences, to conduct an independent assessment 

of the technology development efforts of the defense environmental 

cleanup program at the Department of Energy. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would change the 

due date of the assessment to 18 months after the date of enactment. 


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Updated plan for verification and monitoring of proliferation of nuclear weapons and fissile material (sec. 3132) 

The House amendment contained a provision (sec. 3125) that 

would require the President to submit to the appropriate congressional committees, a comprehensive and detailed update to the 

plan developed under section 3133(a) of the Carl Levin and Howard 

P. ‘‘Buck’’ McKeon national Defense Authorization Act for Fiscal 

Year 2015. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Report on the use of highly-enriched uranium for naval reactors 

(sec. 3133) 

The House amendment contained a provision (sec. 3126) that 

would require the Secretary of Defense, the Secretary of Energy, 

and the Secretary of State to provide a briefing to the appropriate 

congressional committees on the feasibility and potential benefits of 

a dialogue between the United States and France on the use of lowenriched uranium in naval reactors. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would require a 

report by the Director of National Intelligence on various matters 

related to the impact of using low-enriched uranium in naval reactor fuel. The conferees do not intend this provision to indicate concurrence with all aspects of the proposal contained in the Naval 

Reactors report dated July 2016, and do not intend to indicate a 

presumption of whether or how such a program should be implemented. In addition, the conferees note that the Secretary of the 

Navy and the Secretary of Energy have not yet submitted to the 

defense committees their determination as to whether the United 

States should continue to pursue such a program. 

Analysis of approaches for supplemental treatment of low-activity 

waste at Hanford Nuclear Reservation (sec. 3134) 

The Senate bill contained a provision (sec. 3122) that would require the Secretary of Energy to enter into an agreement with a 

federally funded research and development center (FFRDC) to conduct an analysis of supplemental waste treatment options at the 

Hanford site. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would require the 

review of the National Academies of Science, Engineering, and 

Medicine to provide an opportunity for public comment, with sufficient notice, to inform and improve the quality of the review. In addition, the briefings on progress to be made to the congressional defense committees every 180 days shall terminate upon submission 

of the materials required in subsection (f) paragraph (2). The National Academies shall provide to the State of Washington both the 

analysis and the review in draft form, with an opportunity to comment on them for a period of not less than 60 days, and comments 

of the State of Washington shall be included in the Secretary’s submission to the congressional defense committees of the analysis, review, and Secretary’s comments. This section shall not conflict with 

or impair the obligation of the Secretary to comply with the amendVerDate Sep 11 2014 20:21 Dec 03, 2016 Jkt 022492 PO 00000 Frm 01353 Fmt 6601 Sfmt 6601 E:\HR\OC\HR840.XXX HR840

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ed consent decree in Washington v. Moniz, No. 2:08–CV–5085– 

RMP (E.D. Wash.) or the Hanford Federal Facility Agreement and 

Consent Order, nor shall this section conflict with or impair the 

regulatory authority of the State of Washington under the Solid 

Waste Disposal Act (42 U.S.C. 6901 et seq.) and any corresponding 

State law. The amendment removes the requirement of a specific 

analytical approach. However, the conferees note that section 3161 

of the National Defense Authorization Act for Fiscal Year 2013 

(Public Law 112–239) directs the use of national international 

standards and nuclear industry best practices, including probabilistic or quantitative risk assessment if sufficient data exist, 

while maintaining adequate health and safety protection, at facilities of the Office of Environmental Management of the Department 

of Energy. The conferees therefore expect that, to the extent practicable and appropriate, the analysis shall be conducted using 

state-of-the-art risk assessment practices such as probabilistic risk 

assessment. 

Clarification of annual report and certification on status of security 

of atomic energy defense facilities (sec. 3135) 

The House amendment contained a provision (sec. 3121) that 

would clarify Section 4506(b)(1)(B) of the Atomic Energy Defense 

Act that such facilities are secure and that the security measures 

at such facilities meet the security standards and requirements of 

the Department of Energy. 

The Senate bill contained no similar provision. 

The Senate recedes. 

Report on service support contracts and authority for appointment 

of certain personnel (sec. 3136) 

The House amendment contained a provision (sec. 3122) that 

would add to the annual reporting requirements, the cost of the 

contract and identification of the program or program direction accounts that support the contract. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment extending Section 

4601(c) of the Atomic Energy Defense Act (50 U.S.C.(c)(1)) from 

September 30, 2016 to September 30, 2020. 

Elimination of certain reporting requirements (sec. 3137) 

The Senate bill contained a provision (sec. 3125 and 3124) that 

would repeal a reporting requirement by the Comptroller General 

as the underlying program has been terminated and eliminate duplicate reviews of the National Nuclear Security Administration’s 

budget. 

The House amendment contained a similar provision (sec. 

3123). 

The House recedes with an amendment that would combine 

the repeals described in Senate bill sections 3124 and 3125 with 

the House amendment section 3123; add a subsection (d) that 

would modify the requirement for a briefing on additive manufacturing technologies contained in section 3139(c) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92) 

and make certain technical and conforming changes. 


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Report on United States nuclear deterrence (sec. 3138) 

The House amendment contained a provision (sec. 3119A) that 

would limit funds for the Department of Energy and require the 

Secretary of Energy to submit to the appropriate congressional 

committees the report entitled ‘‘U.S. Nuclear Deterrence in the 

Coming Decades’’ no later than 15 days after the date of enactment. 

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would drop the 

fence on funding and add that the Secretary may state his views 

in the cover letter to the report. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Analyses of options for disposal of high-level radioactive waste 

The Senate bill contained a provision (sec. 3123) that would require the Secretary of Energy to enter into an arrangement with 

a federally funded research and development center to conduct 

analyses of options referenced in the Department’s October 2014 

report. These analyses shall include comprehensive system life 

cycle cost and schedule estimates conducted using Government Accountability Office (GAO) best practices and covering all phases of 

work, from site selection and characterization to site closure and 

monitoring. 

The House amendment contained no similar provision. 

The Senate recedes, the provision was not adopted. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Authorization (sec. 3201) 

The Senate bill contained a provision (sec. 3201) that would 

authorize funding for the Defense Facilities Nuclear Safety Board 

at $31.0 million consistent with the budget request. 

The House amendment contained an identical provision (sec. 

3201). 

The conference agreement includes this provision. 

TITLE XXXIII—FEDERAL AVIATION ADMINISTRATION THIRD CLASS

MEDICAL REFORM AND GENERAL AVIATION PILOT PROTECTIONS

LEGISLATIVE PROVISIONS NOT ADOPTED

Pilot’s Bill of Rights 2 

The Senate bill contained a series of provisions (sec. 3301, 

3302, 3303, 3304, 3305, 3306, and 3307) that would establish Federal Aviation Administration third class medical reform and general aviation pilot protections, ‘‘The Pilots Bill of Rights 2’’. 

The House amendment contained no similar provisions. 

The Senate recedes on these provisions. 


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TITLE XXXIV—NAVAL PETROLEUM RESERVES

Authorization of appropriations (sec. 3401) 

The House amendment contained a provision (sec. 3401) that 

would authorize $14,950,000 for fiscal year 2017 for operation and 

maintenance of the Naval Petroleum Reserves. 

The Senate bill contained no similar provision. 

The Senate recedes. 

TITLE XXXV—MARITIME MATTERS

SUBTITLE A—MARITIME ADMINISTRATION, COAST GUARD, AND

SHIPPING MATTERS

Authorization of the Maritime Administration (sec. 3501) 

The House amendment contained a provision (sec. 3501) that 

would authorize appropriations for the national security aspects of 

the merchant marine for fiscal year 2017. 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a similar provision 

(sec. 101). 

The Senate recedes with an amendment that would include 

greater specificity within program authorizations and authorize 

funding for the National Security Multi-Mission Vessel. 

Authority to extend certain age restrictions relating to vessels in the 

Maritime Security Fleet (sec. 3502) 

The House amendment contained a provision (sec. 3503) that 

would amend section 53102 of title 46, United States Code, to provide authority to the Secretary of Defense, in conjunction with the 

Secretary of Transportation, to extend the age restriction for vessels in the Maritime Security Fleet by five years if the Secretaries 

jointly determine it is in the national interest to do so. 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a similar provision 

(sec. 304). 

The Senate recedes. 

Corrections to provisions enacted by Coast Guard Authorization 

Acts (sec. 3503) 

The House amendment contained a provision (sec. 3504) that 

would make technical and conforming corrections to provisions of 

the Coast Guard Authorization Act of 2015 (Public Law 114–120). 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a similar provision 

(sec. 503). 

The Senate recedes with a technical amendment. 

Status of National Defense Reserve Fleet vessels (sec. 3504) 

The House amendment contained a provision (sec. 3505) that 

would clarify that National Defense Reserve Fleet (NDRF) vessels, 

including the U.S. Maritime Administration’s training vessels, are 

public vessels of the United States. This provision would also clarify that a NDRF vessel remains a ‘‘vessel’’ within the meaning of 


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section 3 of title 1, United States Code, until it is delivered to a 

dismantling facility. 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a similar provision 

(sec. 301). 

The Senate recedes. 

NDRF National Security Multi-Mission Vessel (sec. 3505) 

The House amendment contained a provision (sec. 3506) that 

would authorize the Maritime Administrator to enter into a contract for a National Security Multi-Mission Vessel. The provision 

would also require the Maritime Administrator to enter into a contract or agreement with the Secretary of the Navy under which the 

Navy would serve as the general agent for the Maritime Administration for the purposes of the construction of the ship. 

The Senate bill and Maritime Administration Authorization 

and Enhancement Act for Fiscal Year 2017 (S. 2829) contained no 

similar provision. 

The Senate recedes with an amendment that would require the 

Secretary of Transportation, in consultation with the Chief of 

Naval Operations and the Commandant of the Coast Guard, to ensure the Maritime Administrator has completed the design of the 

National Security Multi-Mission Vessel that will allow for the start 

of construction in fiscal year 2018. The amendment would also require the Maritime Administrator to provide for an entity other 

than the Maritime Administration to contract for the construction 

of the vessel. The conferees believe that the Maritime Administrator should leverage the ship construction expertise of the Department of the Navy, the Coast Guard or a commercial operator 

when contracting for the construction of the vessel. 

The conferees direct the Maritime Administrator to submit to 

the Committees on Armed Services of the House and Senate, the 

Committee on Commerce, Science and Transportation of the Senate, and the Committee on Transportation and Infrastructure of 

the House the acquisition strategy for the National Security MultiMission Vessel concurrent with the budget submission in which the 

request for construction funding is included. This acquisition strategy shall address each of the elements described in paragraphs 

6.a(1) through 6.a(4) of enclosure 2 to Department of Defense Instruction 5000.02. 

Superintendent of United States Merchant Marine Academy (sec. 

3506) 

The House amendment contained a provision (sec. 3507) that 

would require the Secretary of Transportation to appoint as Superintendent of U.S. Merchant Marine Academy an individual from 

the senior ranks of the United States merchant marine, maritime 

industry, or from the retired list of flag-rank Navy or Coast Guard 

officers who possess significant merchant marine experience. 

The Senate bill and Maritime Administration Authorization 

and Enhancement Act for Fiscal Year 2017 (S. 2829) contained no 

similar provision. 

The Senate recedes with amendment that would also allow the 

appointment of an individual who has served at sea and who has 


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achieved general officer rank in other branches of the Armed 

Forces or has exemplary educational leadership experience. It also 

would allow for the selection of the best qualified candidate that 

may not fully meet all criteria defined in this provision. 

Use of National Defense Reserve Fleet scrapping proceeds (sec. 3507) 

The House amendment contained a provision (sec. 3508) that 

would increase the apportionment of National Defense Reserve 

Fleet (NDRF) scrapping proceeds to the National Maritime Heritage Grant Program. 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a provision (sec. 308) 

that would require the U.S. Maritime Administration to submit an 

annual report to Congress on the management of NDRF scrapping 

proceeds and the National Heritage Grant Program and conduct a 

biennial assessment of the vessel disposal program. 

The Senate recedes with an amendment that would combine 

the House and Senate provisions, better align reporting requirements with agency responsibilities, and reserve a portion of the National Maritime Grant Program apportionment for the U.S. Maritime Administration. 

Floating dry docks (sec. 3508) 

The House amendment contained a provision (sec. 3509) that 

would amend section 55122 of title 46, United States Code, to exempt certain floating dry docks from limitations imposed by such 

section 55122. 

The Senate bill contained a similar provision (sec. 3502). 

The Senate recedes with a technical amendment. 

Transportation worker identification credentials for individuals undergoing separation, discharge, or release from the Armed 

Forces (sec. 3509) 

The Senate bill contained a provision (sec. 564) that would require the Secretary of Defense to consult, and enter into a memorandum of understanding, with the Secretary of Homeland Security 

to afford a priority in the processing of applications for Transportation Worker Identification Credentials (TWIC) by members of the 

Armed Forces who are undergoing separation, discharge or release 

from the Armed Forces. The provision would require adjudication 

of such applications not later than 14 days after the application is 

submitted, unless an appeal or waiver applies, or if other documentation is required. The priority for separating servicemembers 

shall commence not later than 180 days after enactment of this 

Act. The provision also requires a report on the implementation of 

this provision one year after enactment of this Act. 

The House amendment contained a provision (sec. 3510) that 

would amend section 70105 of title 46, United States Code, to require the Secretary of Homeland Security to provide priority processing of applications from, and to issue TWIC for members of the 

Armed Forces who are undergoing separation, discharge or release 

from the Armed forces. The provision would require adjudication of 

such applications by such transitioning members of the Armed 

Forces not later than 13 days after the application is submitted, 


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unless an appeal or waiver applies, or if other documentation is required. 

The Senate recedes with an amendment that would require adjudication of applications not later than 30 days after the application is submitted, unless an appeal or waiver applies, or if other 

documentation is required. The processing deadline would apply to 

applications for TWIC submitted after the end of the 180 day period beginning on the date of enactment of this Act. The amendment requires the Secretary of Homeland Defense and the Secretary of Defense to enter into a memorandum of understanding 

within 180 days after the date of enactment of this Act regarding 

the submission and processing of applications for TWIC by 

transitioning service members. The amendment also requires a report on the implementation of this provision one year after enactment of this Act. 

Actions to address sexual harassment and sexual assault at the 

United States Merchant Marine Academy (sec. 3510) 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a provision (sec. 201) 

that would set minimum training requirements and comprehensive 

policies for sexual harassment and sexual assault prevention and 

response at the United States Merchant Marine Academy. The provision would also expand existing requirements for an annual assessment of sexual assault and harassment policies to include a biennial focus group. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would add confidentiality procedures to the comprehensive policy requirement. 

Sexual assault response coordinators and sexual assault victim advocates (sec. 3511) 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a provision (sec. 202) 

that would require the U.S. Merchant Marine Academy to employ 

or contract with at least one full-time sexual assault response coordinator, maintain a program for volunteer sexual assault victim advocates, and maintain a 24-hour hotline through which a victim of 

a sexual assault can receive victim support services. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would clarify a 

victim’s discretion in selecting a victim advocate and make a conforming change concerning confidentiality requirements. 

Report from the Department of Transportation Inspector General 

(sec. 3512) 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a provision (sec. 203) 

that would require the Department of Transportation Inspector 

General to submit a report to Congress that describes the effectiveness of the sexual harassment and sexual assault prevention and 

response program at the U.S. Merchant Marine Academy. 

The House amendment contained no similar provision. 

The House recedes with a technical amendment. 


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Sexual assault prevention and response working group (sec. 3513) 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a provision (sec. 204) 

that would require the Maritime Administrator to convene a working group to examine methods to improve the prevention of, and response to, any sexual harassment or sexual assault that occurs 

during a cadet’s Sea Year experience with the U.S. Merchant Marine Academy. This provision would require the working group to 

submit a report containing actionable recommendations to Congress. 

The House amendment contained no similar provision. 

The House recedes with amendment that would make technical changes and would separate as a new section a requirement 

that the Maritime Administrator establish certain criteria for vessel operators to participate in U.S. Merchant Marine Academy Sea 

Year program. 

Sea Year compliance (sec. 3514) 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a provision (sec. 204) 

that would require the Maritime Administrator to convene a working group to examine methods to improve the prevention of, and response to, any sexual harassment or sexual assault that occurs 

during a cadet’s Sea Year experience with the U.S. Merchant Marine Academy. This provision would require the working group to 

submit a report containing actionable recommendations to Congress. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would create a 

new section to require that the Maritime Administrator establish 

certain criteria for vessel operators to participate in U.S. Merchant 

Marine Academy Sea Year program. This provision is the new section. 

State maritime academy physical standards and reporting (sec. 

3515) 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a provision (sec. 303) 

that would require any individual enrolled at a State maritime 

academy in a merchant marine officer program to meet, throughout 

enrollment at the academy, the medical and physical requirements 

required to obtain a mariner’s license or merchant mariner documentation. 

The House amendment contained no similar provision. 

The House recedes with a technical amendment. 

Appointments (sec. 3516) 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a provision (sec. 305) 

that would increase from 40 to 50 the number of potential appointments to the U.S. Merchant Marine Academy for individuals the 

Secretary considers to be of special value, including factors such as 

prior military experience and whether the individual is the first in 

their family to attend college. 


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The House amendment contained no similar provision. 

The House recedes with a technical amendment. 

Maritime workforce working group (sec. 3517) 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a provision (sec. 307) 

that would require the Secretary of Transportation to convene a 

working group to assess the pool of citizen mariners necessary to 

support the United States flag fleet, especially in times of emergency, and report to Congress on the assessment and recommendations for improving the quality of interagency data. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would add the 

Committee on Armed Services of the House of Representatives as 

a report recipient, add the U.S. Navy to the working group, and 

add a sunset clause. 

Maritime extreme weather task force (sec. 3518) 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a provision (sec. 309) 

that would require the Secretary of Transportation to create an extreme weather task force to analyze the impact of extreme weather 

events on the maritime environment and to report to Congress on 

best practices and recommendations. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would remove the 

Federal Maritime Commission from the task force and remove the 

authorization of appropriations. 

Workforce plans and onboarding policies (sec. 3519) 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a provision (sec. 401) 

that would require the Maritime Administrator to review and update the U.S. Maritime Administration’s workforce and onboarding 

policies to fully implement competency models for mission-critical 

occupations, align training programs and systems, and report to 

Congress on actions taken. 

The House amendment contained no similar provision. 

The House recedes with amendment that would add the Committee on Armed Services of the House of Representatives as a report recipient. 

Drug and alcohol policy (sec. 3520) 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a provision (sec. 402) 

that would require the Maritime Administrator to ensure that all 

fleet managers have received applicable training on the Department of Transportation’s drug and alcohol policy, institute a system 

for tracking all drug and alcohol policy training in a standardized 

repository, and report to Congress on actions taken. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would add the 

Committee on Armed Services of the House of Representatives as 

a report recipient. 


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Vessel transfers (sec. 3521) 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a provision (sec. 403) 

that would require the Maritime Administrator to submit a report 

to Congress that describes the policies and procedures for vessel 

transfer at the U.S. Maritime Administration, including updated 

Vessel Transfer Office procedures to process vessel transfer applications. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would add the 

Committee on Armed Services of the House of Representatives as 

a report recipient. 

Clarifying amendment; continuation boards (sec. 3522) 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a provision (sec. 501) 

that would make a clarifying amendment concerning the continuation board convened for the U.S. Coast Guard. 

The House amendment contained no similar provision. 

The House recedes. 

Polar icebreaker recapitalization plan (sec. 3523) 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a provision (sec. 603) 

that would require the Secretary of Homeland Security, in consultation with the Secretary of the Navy, to submit to Congress a 

detailed recapitalization plan that meets the 2013 Department of 

Homeland Security Mission Need Statement. 

The House amendment contained no similar provision. 

The House recedes with a technical amendment. 

GAO report on icebreaking capability in the United States (sec. 

3524) 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a provision (sec. 604) 

that would require the Comptroller General to submit a report to 

Congress on the current state of the United States Federal 

icebreaking fleet, including analysis of the icebreaking assets and 

gaps in icebreaking capabilities. 

The House amendment contained no similar provision. 

The House recedes with amendment that would define the appropriate report recipients and would clarify the applicability of the 

report to all icebreaking assets. 

Subtitle B—Pribilof Islands Transition Completion 

Pribilof Islands Transition Completion (secs. 3531–3533) 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a provision (sec. 504) 

that would require the U.S. Coast Guard to report to Congress on 

the Coast Guard’s use of certain tracts of land on St. Paul Island, 

planned use of those tracts of land, and planned use of other facilities on St. Paul Island. 

The House amendment contained no similar provision. 


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The House recedes with an amendment that would make 

changes to Coast Guard access to certain specified tracts of land. 

Subtitle C—Sexual Harassment and Assault Prevention at the 

National Oceanic and Atmospheric Administration 

Actions to address sexual harassment at National Oceanic and Atmospheric Administration (sec. 3541) 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a provision (sec. 711) 

that would require the Secretary of Commerce to develop a policy 

on the prevention and response to sexual harassment involving 

NOAA employees, NOAA Corps members, and all individuals who 

work with or conduct business on behalf of the Administration. The 

Administration would also be required to create a process for afterhours reporting and ensure that Equal Employment Opportunity 

personnel are distributed in each region of operations and at the 

marine and aviation centers. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would reduce the 

number of personnel required to implement this section. 

Actions to address sexual assault at National Oceanic and Atmospheric Administration (sec. 3542) 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a provision (sec. 712) 

that would require the Secretary of Commerce to develop a policy 

on the prevention and response to sexual assault involving NOAA 

employees, NOAA Corps members, and all individuals who work 

with or conduct business on behalf of the Administration (wage 

mariners, scientists, students, interns, volunteers, etc.). The Secretary would be required to establish victim advocates and create 

a process for 24-hour reporting. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would reduce the 

number of personnel required to implement this section. 

Rights of the victim of a sexual assault (sec. 3543) 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a provision (sec. 713) 

that would provide the victim of a sexual assault the right to be 

reasonably protected from the accused. 

The House amendment contained no similar provision. 

The House recedes. 

Change of station (sec. 3544) 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a provision (sec. 714) 

that would require timely consideration of a unit transfer or work 

location change to accommodate the victim of a sexual assault. 

The House amendment contained no similar provision. 

The House recedes. 


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Applicability of policies to crews of vessels secured by National Oceanic and Atmospheric Administration under contract (sec. 

3545) 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a provision (sec. 715) 

that would require any contract into which the NOAA enters for 

use of a vessel (ship, small boat, aircraft) to include as a condition 

that any personnel attached to the vessel are subject to the policies 

developed under section 711(a) and 712(a) of S. 2829. 

The House amendment contained no similar provision. 

The House recedes. 

Annual report on sexual assaults in the National Oceanic and Atmospheric Administration (sec. 3546) 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a provision (sec. 716) 

that would require the Secretary of Commerce to submit an annual 

report to Congress that includes the number of sexual assaults, a 

synopsis of each case, and the disciplinary actions taken. 

The House amendment contained no similar provision. 

The House recedes. 

Sexual assault defined (sec. 3547) 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a provision (sec. 717) 

that would define the term ‘‘sexual assault’’. 

The House amendment contained no similar provision. 

The House recedes. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Short title 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a provision (sec. 1) 

that would allow the bill to be cited as the ‘‘Maritime Administration Authorization and Enhancement Act for Fiscal Year 2017.’’ 

The House amendment contained no similar provision. 

The Senate recedes. 

Maritime Administration authorization request 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a provision (sec. 102) 

that would require the U.S. Maritime Administration to submit an 

authorization request to Congress within 30 days of the date the 

President’s budget is submitted to Congress. 

The House amendment contained no similar provision. 

The Senate recedes. 

Port infrastructure development 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a provision (sec. 302) 

that would allow the Maritime Administrator to use not more than 

three percent of port infrastructure development program funds for 

administrative expenses of the program. 


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The House amendment contained no similar provision. 

The Senate recedes. 

High-speed craft classification services 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a provision (sec. 306) 

that would allow the Secretary of the Navy to select, under certain 

conditions, a classification society recognized and authorized by the 

Secretary to provide a classification for high-speed craft. 

The House amendment contained no similar provision. 

The Senate recedes. 

Short title 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a provision (sec. 601) 

that would allow the title to be cited as the ‘‘Polar Icebreaker Fleet 

Recapitalization Transparency Act.’’ 

The House amendment contained no similar provision. 

The Senate recedes. 

Definitions 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a provision (sec. 602) 

that would define certain terms in the ‘‘Polar Icebreaker Fleet Recapitalization Transparency Act.’’ 

The House amendment contained no similar provision. 

The Senate recedes. 

Short title 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a provision (sec. 701) 

that would allow the title to be cited as the ‘‘National Oceanic and 

Atmospheric Administration Sexual Harassment and Assault Prevention Act’’. 

The House amendment contained no similar provision. 

The Senate recedes. 

Reauthorization of Hydrographic Services Improvement Act of 1998 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a provision (sec. 771) 

that would reauthorize the Hydrographic Services Improvement 

Act of 1998. 

The House amendment contained no similar provision. 

The Senate recedes. 

Maritime Administration 

The Senate bill contained a provision (sec. 3501) that would reauthorize certain aspects of the Maritime Administration. 

The House amendment contained no similar provision. 

The Senate recedes. 


srobinson on DSK5SPTVN1PROD with HEARING
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Authority to make pro rata annual payments under operating agreements for vessels participating in Maritime Security Fleet 

The House amendment contained a provision (sec. 3502) that 

would amend subsection (d) of section 53106 of title 46, United 

States Code, to permit the Secretary of Transportation to make a 

pro rata reduction in the amounts paid to vessel owners or operators under operating agreements under chapter 531 of that title if 

appropriations are insufficient to make full payment of the 

amounts authorized and agreed to under subsection (a) of section 

53106. 

The Senate bill and Maritime Administration Authorization 

and Enhancement Act for Fiscal Year 2017 (S. 2829) contained no 

similar provision. 

The House recedes. 

Application of law 

The House amendment contained a provision (sec. 3512) that 

would amend section 4301 of title 46, United States Code, to deem, 

for the purposes of any Federal law except the Federal Water Pollution Control Act, any vessel being repaired or dismantled as a 

recreational vessel if that vessel shares elements of design and construction of traditional recreational vessels and, when operating, is 

not normally engaged in a military, commercial, or traditionally 

commercial undertaking. 

The Senate bill and Maritime Administration Authorization 

and Enhancement Act for Fiscal Year 2017 (S. 2829) contained no 

similar provision. 

The House recedes. 

Commissioned officer corps of the National Oceanic and Atmospheric Administration 

The Maritime Administration Authorization and Enhancement 

Act for Fiscal Year 2017 (S. 2829) contained a subtitle (subtitle B 

of title VII) that would provide authorities for the commissioned officer corps of the National Oceanic and Atmospheric Administration. 

The House amendment contained no similar provisions. 

The Senate recedes. 

Ballast water 

The House amendment contained a title (title XXXVI) that 

would enact the Vessel Incident Discharge Act. 

The Senate bill and Maritime Administration Authorization 

and Enhancement Act for Fiscal Year 2017 (S. 2829) contained no 

similar provisions. 

The House recedes. 

DIVISION D—FUNDING TABLES 

Authorization of amounts in funding tables (sec. 4001) 

The Senate bill contained a provision (sec. 4001) that would 

provide for the allocation of funds among programs, projects, and 

activities in accordance with the tables in division D of this Act, 


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subject to reprogramming in accordance with established procedures. 

Consistent with the previously expressed views of the committee, the provision would also require that decisions by an agency head to commit, obligate, or expend funds to a specific entity on 

the basis of such funding tables be based on authorized, transparent, statutory criteria, or merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of 

title 10, United States Code, and other applicable provisions of law. 

The House amendment contained a similar provision (sec. 

4001). 

The Senate recedes. 

SUMMARY OF NATIONAL DEFENSE AUTHORIZATIONS FOR FISCAL YEAR 2017 

(In Thousands of Dollars) 

FY 2017 

Request 

Conference 

Change 

Conference 

Authorized 

DISCRETIONARY AUTHORIZATIONS WITHIN THE JURISDICTION OF THE ARMED SERVICES COMMITTEE 

National Defense Funding, Base Budget Request 

Function 051, Department of Defense-Military 

Division A: Department of Defense Authorizations 

Title I—Procurement 

Aircraft Procurement, Army ........................................... 3,614,787 3,614,787 

Missile Procurement, Army ............................................ 1,519,966 –9,837 1,510,129 

Weapons & Tracked Combat Vehicles, Army ................ 2,265,177 85,900 2,351,077 

Procurement of Ammunition, Army ............................... 1,513,157 1,646 1,514,803 

Other Procurement, Army .............................................. 5,873,949 –38,285 5,835,664 

Aircraft Procurement, Navy ........................................... 14,109,148 –157,372 13,951,776 

Weapons Procurement, Navy ......................................... 3,209,262 –21,772 3,187,490 

Procurement of Ammunition, Navy & Marine Corps ..... 664,368 –7,100 657,268 

Shipbuilding & Conversion, Navy .................................. 18,354,874 525,696 18,880,570 

Other Procurement, Navy ............................................... 6,338,861 –79,931 6,258,930 

Procurement, Marine Corps ........................................... 1,362,769 –4,325 1,358,444 

Aircraft Procurement, Air Force ..................................... 13,922,917 –87,300 13,835,617 

Missile Procurement, Air Force ...................................... 2,426,621 –10,752 2,415,869 

Space Procurement, Air Force ....................................... 3,055,743 –229,900 2,825,843 

Procurement of Ammunition, Air Force ......................... 1,677,719 –6,000 1,671,719 

Other Procurement, Air Force ........................................ 17,438,056 –15,300 17,422,756 

Procurement, Defense-Wide ........................................... 4,524,918 355,000 4,879,918 

Joint Urgent Operational Needs Fund ........................... 99,300 –99,300 0 

National Guard & Reserve Equipment .......................... 250,000 250,000 

Subtotal, Title I—Procurement ................................... 101,971,592 451,068 102,422,660 

Title II—Research, Development, Test and Evaluation 

Research, Development, Test & Evaluation, Army ....... 7,515,399 13,291 7,528,690 

Research, Development, Test & Evaluation, Navy ........ 17,276,301 –197,638 17,078,663 

Research, Development, Test & Evaluation, Air Force 28,112,251 –54,650 28,057,601 

Research, Development, Test & Evaluation, DefenseWide .......................................................................... 18,308,826 –42,150 18,266,676 


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SUMMARY OF NATIONAL DEFENSE AUTHORIZATIONS FOR FISCAL YEAR 2017—Continued 

(In Thousands of Dollars) 

FY 2017 

Request 

Conference 

Change 

Conference 

Authorized 

Operational Test & Evaluation, Defense ....................... 178,994 178,994 

Subtotal, Title II—Research, Development, Test and 

Evaluation ................................................................. 71,391,771 –281,147 71,110,624 

Title III—Operation and Maintenance 

Operation & Maintenance, Army ................................... 33,809,040 23,234 33,832,274 

Operation & Maintenance, Army Reserve ..................... 2,712,331 21,500 2,733,831 

Operation & Maintenance, Army National Guard ......... 6,825,370 27,635 6,853,005 

Operation & Maintenance, Navy ................................... 39,483,581 507,700 39,991,281 

Operation & Maintenance, Marine Corps ...................... 5,954,258 185,350 6,139,608 

Operation & Maintenance, Navy Reserve ...................... 927,656 –21,200 906,456 

Operation & Maintenance, Marine Corps Reserve ........ 270,633 –100 270,533 

Operation & Maintenance, Air Force ............................. 37,518,056 –180,400 37,337,656 

Operation & Maintenance, Air Force Reserve ............... 3,067,929 –57,000 3,010,929 

Operation & Maintenance, Air National Guard ............. 6,703,578 –69,400 6,634,178 

Operation & Maintenance, Defense-Wide ..................... 32,571,590 115,089 32,686,679 

US Court of Appeals for the Armed Forces, Defense ... 14,194 14,194 

Overseas Humanitarian, Disaster and Civic Aid .......... 105,125 105,125 

Cooperative Threat Reduction ....................................... 325,604 325,604 

Environmental Restoration, Army .................................. 170,167 170,167 

Environmental Restoration, Navy .................................. 281,762 281,762 

Environmental Restoration, Air Force ............................ 371,521 371,521 

Environmental Restoration, Defense ............................. 9,009 9,009 

Environmental Restoration, Formerly Used Sites .......... 197,084 197,084 

Subtotal, Title III—Operation and Maintenance ........ 171,318,488 552,408 171,870,896 

Title IV—Military Personnel 

Military Personnel Appropriations ................................. 128,902,332 –699,768 128,202,564 

Medicare-Eligible Retiree Health Fund Contributions ... 6,366,908 6,366,908 

Subtotal, Title IV—Military Personnel ........................ 135,269,240 –699,768 134,569,472 

Title XIV—Other Authorizations 

Working Capital Fund, Army ......................................... 56,469 56,469 

Working Capital Fund, Air Force ................................... 63,967 63,967 

Working Capital Fund, Defense-Wide ............................ 37,132 37,132 

Working Capital Fund, DECA ......................................... 1,214,045 1,214,045 

Chemical Agents & Munitions Destruction ................... 551,023 551,023 

Drug Interdiction and Counter Drug Activities ............. 844,800 –125,000 719,800 

Office of the Inspector General ..................................... 322,035 322,035 

Defense Health Program ............................................... 33,467,516 –373,600 33,093,916 

Subtotal, Title XIV—Other Authorizations .................. 36,556,987 –498,600 36,058,387 

Total, Division A: Department of Defense Authorizations .......................................................................... 516,508,078 –476,039 516,032,039 

Division B: Military Construction Authorizations 

Military Construction 

Army ............................................................................... 503,459 50,500 553,959 


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SUMMARY OF NATIONAL DEFENSE AUTHORIZATIONS FOR FISCAL YEAR 2017—Continued 

(In Thousands of Dollars) 

FY 2017 

Request 

Conference 

Change 

Conference 

Authorized 

Navy ............................................................................... 1,027,763 247,916 1,275,679 

Air Force ........................................................................ 1,481,058 205,465 1,686,523 

Defense-Wide ................................................................. 2,056,091 –30,647 2,025,444 

NATO Security Investment Program .............................. 177,932 177,932 

Army National Guard ..................................................... 232,930 67,500 300,430 

Army Reserve ................................................................. 68,230 30,000 98,230 

Navy and Marine Corps Reserve ................................... 38,597 38,597 

Air National Guard ........................................................ 143,957 11,000 154,957 

Air Force Reserve ........................................................... 188,950 188,950 

Subtotal, Military Construction .................................... 5,918,967 581,734 6,500,701 

Family Housing 

Construction, Army ........................................................ 200,735 –43,563 157,172 

Operation & Maintenance, Army ................................... 325,995 325,995 

Construction, Navy and Marine Corps .......................... 94,011 94,011 

Operation & Maintenance, Navy and Marine Corps ..... 300,915 300,915 

Construction, Air Force .................................................. 61,352 61,352 

Operation & Maintenance, Air Force ............................. 274,429 274,429 

Operation & Maintenance, Defense-Wide ..................... 59,157 59,157 

Improvement Fund ......................................................... 3,258 3,258 

Subtotal, Family Housing ............................................. 1,319,852 –43,563 1,276,289 

Base Realignment and Closure 

Base Realignment and Closure—Army ........................ 14,499 10,000 24,499 

Base Realignment and Closure—Navy ........................ 134,373 25,000 159,373 

Base Realignment and Closure—Air Force .................. 56,365 56,365 

Subtotal, Base Realignment and Closure ................... 205,237 35,000 240,237 

Undistributed Adjustments 

Prior Year Savings ......................................................... 0 –307,662 –307,662 

Subtotal, Undistributed Adjustments ........................... 0 –307,662 –307,662 

Total, Division B: Military Construction Authorizations .......................................................................... 7,444,056 265,509 7,709,565 

Total, 051, Department of Defense-Military ............... 523,952,134 –210,530 523,741,604 

Division C: Department of Energy National Security Authorization and Other Authorizations 

Function 053, Atomic Energy Defense Activities 

Environmental and Other Defense Activities 

Nuclear Energy .............................................................. 151,876 –15,260 136,616 

Weapons Activities ........................................................ 9,243,147 185,882 9,429,029 

Defense Nuclear Nonproliferation .................................. 1,807,916 79,000 1,886,916 

Naval Reactors .............................................................. 1,420,120 –2,500 1,417,620 

Federal salaries and expenses ...................................... 412,817 –17,300 395,517 

Defense Environmental Cleanup ................................... 5,382,050 –108,492 5,273,558 

Other Defense Activities ................................................ 791,552 –2,000 789,552 


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SUMMARY OF NATIONAL DEFENSE AUTHORIZATIONS FOR FISCAL YEAR 2017—Continued 

(In Thousands of Dollars) 

FY 2017 

Request 

Conference 

Change 

Conference 

Authorized 

Subtotal, Environmental and Other Defense Activities ............................................................................ 19,209,478 119,330 19,328,808 

Independent Federal Agency Authorization 

Defense Nuclear Facilities Safety Board ....................... 31,000 31,000 

Subtotal, Independent Federal Agency Authorization 31,000 0 31,000 

Subtotal, 053, Atomic Energy Defense Activities ....... 19,240,478 119,330 19,359,808 

Function 054, Defense-Related Activities 

Other Agency Authorizations 

Maritime Security Program ............................................ 211,000 88,997 299,997 

Subtotal, Independent Federal Agency Authorization 211,000 88,997 299,997 

Subtotal, 054, Defense-Related Activities .................. 211,000 88,997 299,997 

Subtotal, Division C: Department of Energy National 

Security Authorization and Other Authorizations .. 19,451,478 208,327 19,659,805 

Total, National Defense Funding, Base Budget Request ......................................................................... 543,403,612 –2,203 543,401,409 

National Defense Funding, Overseas Contingency Operations 

National Defense Funding, Overseas Contingency Operations Budget Request 

Function 051, Department of Defense-Military 

Procurement 

Aircraft Procurement, Army ........................................... 235,131 235,131 

Missile Procurement, Army ............................................ 529,317 529,317 

Weapons & Tracked Combat Vehicles, Army ................ 153,544 144,800 298,344 

Procurement of Ammunition, Army ............................... 301,523 301,523 

Other Procurement, Army .............................................. 1,309,610 1,309,610 

Joint Improvised-Threat Defeat Fund ............................ 394,800 394,800 

Aircraft Procurement, Navy ........................................... 358,830 358,830 

Weapons Procurement, Navy ......................................... 8,600 8,600 

Procurement of Ammunition, Navy & Marine Corps ..... 66,229 66,229 

Other Procurement, Navy ............................................... 69,877 69,877 

Procurement, Marine Corps ........................................... 118,939 118,939 

Aircraft Procurement, Air Force ..................................... 679,969 –25,600 654,369 

Missile Procurement, Air Force ...................................... 154,845 154,845 

Procurement of Ammunition, Air Force ......................... 164,408 –9,250 155,158 

Other Procurement, Air Force ........................................ 3,834,165 3,834,165 

Procurement, Defense-Wide ........................................... 234,434 –19,250 215,184 

Subtotal, Procurement ................................................. 8,614,221 90,700 8,704,921 


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SUMMARY OF NATIONAL DEFENSE AUTHORIZATIONS FOR FISCAL YEAR 2017—Continued 

(In Thousands of Dollars) 

FY 2017 

Request 

Conference 

Change 

Conference 

Authorized 

Research, Development, Test and Evaluation 

Research, Development, Test & Evaluation, Army ....... 239,689 239,689 

Research, Development, Test & Evaluation, Navy ........ 40,333 40,333 

Research, Development, Test & Evaluation, Air Force 32,905 32,905 

Research, Development, Test & Evaluation, DefenseWide .......................................................................... 165,419 165,419 

Subtotal, Research, Development, Test and Evaluation ............................................................................ 478,346 0 478,346 

Operation and Maintenance 

Operation & Maintenance, Army ................................... 16,658,381 –245,000 16,413,381 

Operation & Maintenance, Army Reserve ..................... 24,120 24,120 

Operation & Maintenance, Army National Guard ......... 66,907 66,907 

Afghanistan Security Forces Fund ................................ 4,263,215 4,263,215 

Iraq Train & Equip Fund ............................................... 919,500 –919,500 0 

Syria Train & Equip Fund ............................................. 250,000 –250,000 0 

Counter-ISIL Fund .......................................................... 0 1,169,500 1,169,500 

Operation & Maintenance, Navy ................................... 5,441,406 5,441,406 

Operation & Maintenance, Marine Corps ...................... 1,112,805 1,112,805 

Operation & Maintenance, Navy Reserve ...................... 26,265 26,265 

Operation & Maintenance, Marine Corps Reserve ........ 3,304 3,304 

Operation & Maintenance, Air Force ............................. 9,757,326 43,542 9,800,868 

Operation & Maintenance, Air Force Reserve ............... 57,586 57,586 

Operation & Maintenance, Air National Guard ............. 20,000 20,000 

Operation & Maintenance, Defense-Wide ..................... 6,357,088 760,000 7,117,088 

Subtotal, Operation and Maintenance ........................ 44,957,903 558,542 45,516,445 

Military Personnel 

Military Personnel Appropriations ................................. 3,644,161 3,644,161 

Subtotal, Military Personnel ........................................ 3,644,161 0 3,644,161 

Other Authorizations 

Working Capital Fund, Army ......................................... 46,833 46,833 

Working Capital Fund, Defense-Wide ............................ 93,800 93,800 

Drug Interdiction and Counter Drug Activities ............. 191,533 191,533 

Office of the Inspector General ..................................... 22,062 22,062 

Defense Health Program ............................................... 334,311 334,311 

Counterterrorism Partnerships Fund ............................. 1,000,000 –1,000,000 0 

Ukraine Security Assistance .......................................... 350,000 350,000 

Subtotal, Other Authorizations .................................... 1,688,539 –650,000 1,038,539 

Military Construction 

Army ............................................................................... 18,900 18,900 

Navy ............................................................................... 21,400 21,400 

Air Force ........................................................................ 88,740 –449 88,291 

Defense-Wide ................................................................. 5,000 5,000 

Subtotal, Military Construction .................................... 134,040 –449 133,591 

Subtotal, Overseas Contingency Operations .............. 59,517,210 –1,207 59,516,003 


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SUMMARY OF NATIONAL DEFENSE AUTHORIZATIONS FOR FISCAL YEAR 2017—Continued 

(In Thousands of Dollars) 

FY 2017 

Request 

Conference 

Change 

Conference 

Authorized 

Subtotal, 051, Department of Defense-Military ......... 59,517,210 –1,207 59,516,003 

Total, National Defense Funding, Overseas Contingency Operations Budget Request ......................... 59,517,210 –1,207 59,516,003 

National Defense Funding, Overseas Contingency Operations Funding for Base Requirements 

Function 051, Department of Defense-Military 

Procurement 

Aircraft Procurement, Army ........................................... 78,040 78,040 

Missile Procurement, Army ............................................ 150,000 196,100 346,100 

Procurement of Ammunition, Army ............................... 240,200 240,200 

Other Procurement, Army .............................................. 161,900 161,900 

Joint Improvised-Threat Defeat Fund ............................ 113,272 113,272 

Aircraft Procurement, Navy ........................................... 34,200 34,200 

Weapons Procurement, Navy ......................................... 117,200 117,200 

Procurement of Ammunition, Navy & Marine Corps ..... 77,200 77,200 

Other Procurement, Navy ............................................... 59,329 59,329 

Aircraft Procurement, Air Force ..................................... 179,430 179,430 

Missile Procurement, Air Force ...................................... 184,700 184,700 

Procurement of Ammunition, Air Force ......................... 323,000 323,000 

Procurement, Defense-Wide ........................................... 4,000 4,000 

Subtotal, Procurement ................................................. 1,287,871 630,700 1,918,571 

Research, Development, Test and Evaluation 

Research, Development, Test & Evaluation, Army ....... 33 33 

Research, Development, Test & Evaluation, Navy ........ 37,990 37,990 

Subtotal, Research, Development, Test and Evaluation ............................................................................ 38,023 0 38,023 

Operation and Maintenance 

Operation & Maintenance, Army ................................... 1,586,475 962,000 2,548,475 

Operation & Maintenance, Army Reserve ..................... 14,559 95,800 110,359 

Operation & Maintenance, Army National Guard ......... 60,128 128,800 188,928 

Operation & Maintenance, Navy ................................... 1,481,516 26,100 1,507,616 

Operation & Maintenance, Marine Corps ...................... 300,000 7,200 307,200 

Operation & Maintenance, Navy Reserve ...................... 500 500 

Operation & Maintenance, Marine Corps Reserve ........ 1,000 1,000 

Operation & Maintenance, Air Force ............................. 124,000 49,100 173,100 

Operation & Maintenance, Air Force Reserve ............... 1,600 1,600 

Operation & Maintenance, Air National Guard ............. 4,300 4,300 

Operation & Maintenance, Defense-Wide ..................... 38,044 38,044 

Subtotal, Operation and Maintenance ........................ 3,604,722 1,276,400 4,881,122 

Military Personnel 

Military Personnel Appropriations ................................. 62,965 1,287,500 1,350,465 

Subtotal, Military Personnel ........................................ 62,965 1,287,500 1,350,465 


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SUMMARY OF NATIONAL DEFENSE AUTHORIZATIONS FOR FISCAL YEAR 2017—Continued 

(In Thousands of Dollars) 

FY 2017 

Request 

Conference 

Change 

Conference 

Authorized 

Other Authorizations 

Drug Interdiction and Counter Drug Activities ............. 23,800 23,800 

Subtotal, Other Authorizations .................................... 23,800 0 23,800 

Military Construction 

Navy ............................................................................... 38,409 38,409 

Subtotal, Military Construction .................................... 38,409 0 38,409 

Subtotal, 051, Department of Defense-Military ......... 5,055,790 3,194,600 8,250,390 

Total, National Defense Funding, Overseas Contingency Operations Funding for Base Requirements 5,055,790 3,194,600 8,250,390 

Total, National Defense Funding, Overseas Contingency Operations ..................................................... 64,573,000 3,193,393 67,766,393 

Total, National Defense ................................................ 607,976,612 3,191,190 611,167,802 

MEMORANDUM: BASE BUDGET REQUIREMENTS 

Base Funding ................................................................ 543,403,612 –2,203 543,401,409 

Overseas Contingency Operations Funding for Base 

Requirements ............................................................ 5,055,790 3,194,600 8,250,390 

Total, Base Budget Requirements ........... 548,459,402 3,192,397 551,651,799 

MEMORANDUM: NON-DEFENSE AUTHORIZATIONS 

Title XIV—Armed Forces Retirement Home (Function 

600) ........................................................................... 64,300 64,300 

Title XXXIV—Naval Petroleum and Oil Shale Reserves 

(Function 270) .......................................................... 14,950 14,950 

MEMORANDUM: TRANSFER AUTHORITIES (NON-ADD) 

Title X—General Transfer Authority .............................. [5,000,000 ] [–500,000] [4,500,000 ] 

Title XV—Special Transfer Authority ............................ [4,500,000 ] [–1,000,000] [3,500,000 ] 

MEMORANDUM: DEFENSE AUTHORIZATIONS NOT UNDER THE JURISDICTION OF THE ARMED SERVICES COMMITTEE (NON-ADD) 

Defense Production Act ................................................. [44,605 ] [44,605 ] 

NATIONAL DEFENSE BUDGET AUTHORITY IMPLICATION 

(In Thousands of Dollars) 

FY 2017 

Request 

Conference 

Change 

Conference 

Authorized 

Summary, Discretionary Authorizations Within the Jurisdiction of the Armed Services Committee 

SUBTOTAL, DEPARTMENT OF DEFENSE (051) ......................... 523,952,134 –210,530 523,741,604 

SUBTOTAL, ATOMIC ENERGY DEFENSE PROGRAMS (053) ...... 19,240,478 119,330 19,359,808 


srobinson on DSK5SPTVN1PROD with HEARING
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NATIONAL DEFENSE BUDGET AUTHORITY IMPLICATION 

(In Thousands of Dollars) 

FY 2017 

Request 

Conference 

Change 

Conference 

Authorized 

SUBTOTAL, DEFENSE-RELATED ACTIVITIES (054) ................... 211,000 88,997 299,997 

TOTAL, NATIONAL DEFENSE (050)—BASE BILL ...................... 543,403,612 –2,203 543,401,409 

TOTAL, OVERSEAS CONTINGENCY OPERATIONS ...................... 64,573,000 3,193,393 67,766,393 

GRAND TOTAL, NATIONAL DEFENSE ........................................ 607,976,612 3,191,190 611,167,802 

Base National Defense Discretionary Programs that Are Not In the Jurisdiction of the Armed Services 

Committee or Do Not Require Additional Authorization 

Defense Production Act Purchases ......................................... 44,000 44,000 

Indefinite Account: Disposal Of DOD Real Property ............... 8,000 8,000 

Indefinite Account: Lease Of DOD Real Property .................... 37,000 37,000 

Subtotal, Budget Sub-Function 051 ...................................... 89,000 89,000 

Formerly Utilized Sites Remedial Action Program .................. 103,000 103,000 

Subtotal, Budget Sub-Function 053 ...................................... 103,000 103,000 

Other Discretionary Programs ................................................. 7,750,000 7,750,000 

Other Discretionary Programs—proposed rescission (FBI 

S&E) .................................................................................... –133,000 –133,000 

Subtotal, Budget Sub-Function 054 ...................................... 7,617,000 7,617,000 

Total Defense Discretionary Adjustments (050) ................... 7,809,000 7,809,000 

Budget Authority Implication, National Defense Discretionary 

Department of Defense--Military (051) ................................... 588,614,134 2,982,863 591,596,997 

Atomic Energy Defense Activities (053) .................................. 19,343,478 119,330 19,462,808 

Defense-Related Activities (054) ............................................ 7,828,000 88,997 7,916,997 

Total BA Implication, National Defense Discretionary ........ 615,785,612 3,191,190 618,976,802 

National Defense Mandatory Programs, Current Law (CBO Estimates) 

Concurrent receipt accrual payments to the Military Retirement Fund ........................................................................... 6,769,000 6,769,000 

Revolving, trust and other DOD Mandatory ............................ 1,463,000 1,463,000 

Offsetting receipts ................................................................... –1,856,000 –1,856,000 

Subtotal, Budget Sub-Function 051 ...................................... 6,376,000 6,376,000 

Energy employees occupational illness compensation programs and other ................................................................. 1,169,000 1,169,000 

Subtotal, Budget Sub-Function 053 ...................................... 1,169,000 1,169,000 

Radiation exposure compensation trust fund ........................ 62,000 62,000 

Payment to CIA retirement fund and other ............................ 514,000 514,000 

Subtotal, Budget Sub-Function 054 ...................................... 576,000 576,000 

Total National Defense Mandatory (050) .............................. 8,121,000 8,121,000 

Budget Authority Implication, National Defense Discretionary and Mandatory 

Department of Defense--Military (051) ................................... 594,990,134 2,982,863 597,972,997 

Atomic Energy Defense Activities (053) .................................. 20,512,478 119,330 20,631,808 


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NATIONAL DEFENSE BUDGET AUTHORITY IMPLICATION 

(In Thousands of Dollars) 

FY 2017 

Request 

Conference 

Change 

Conference 

Authorized 

Defense-Related Activities (054) ............................................ 8,404,000 88,997 8,492,997 

Total BA Implication, National Defense Discretionary and 

Mandatory ........................................................................... 623,906,612 3,191,190 627,097,802 


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TITLE XLI—PROCUREMENT 

SEC. 4101. PROCUREMENT. 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2017 

Request 

House 

Authorized 

Senate 

Authorized 

Conference 

Change 

Conference 

Authorized 

Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost 

AIRCRAFT PROCUREMENT, ARMY FIXED WING 

001 UTILITY F/W AIRCRAFT ........................................................................ 3 57,529 3 57,529 3 57,529 3 57,529 

003 MQ–1 UAV .......................................................................................... 55,388 84,988 55,388 55,388 

Ground Mounted Airspace Deconfliction Radar ........................ [29,600 ] 

ROTARY 

006 AH–64 APACHE BLOCK IIIA REMAN ................................................... 48 803,084 48 803,084 48 803,084 48 803,084

007 ADVANCE PROCUREMENT (CY) ...................................................... 185,160 185,160 185,160 185,160 008 UH–60 BLACKHAWK M MODEL (MYP) ................................................ 36 755,146 36 755,146 36 755,146 36 755,146 009 ADVANCE PROCUREMENT (CY) ...................................................... 174,107 174,107 174,107 174,107 010 UH–60 BLACK HAWK A AND L MODELS ............................................. 38 46,173 38 46,173 38 46,173 38 46,173 011 CH–47 HELICOPTER ........................................................................... 22 556,257 22 556,257 22 556,257 22 556,257 012 ADVANCE PROCUREMENT (CY) ...................................................... 8,707 8,707 8,707 8,707 

MODIFICATION OF AIRCRAFT 

013 MQ–1 PAYLOAD (MIP) ........................................................................ 43,735 43,735 43,735 43,735 015 MULTI SENSOR ABN RECON (MIP) ..................................................... 94,527 94,527 94,527 94,527 016 AH–64 MODS ...................................................................................... 137,883 137,883 137,883 137,883 017 CH–47 CARGO HELICOPTER MODS (MYP) ......................................... 102,943 102,943 102,943 102,943 018 GRCS SEMA MODS (MIP) .................................................................... 4,055 4,055 4,055 4,055 019 ARL SEMA MODS (MIP) ...................................................................... 6,793 6,793 6,793 6,793 020 EMARSS SEMA MODS (MIP) ............................................................... 13,197 13,197 13,197 13,197 021 UTILITY/CARGO AIRPLANE MODS ........................................................ 17,526 17,526 17,526 17,526 022 UTILITY HELICOPTER MODS ................................................................ 10,807 10,807 10,807 10,807 023 NETWORK AND MISSION PLAN ............................................................ 74,752 74,752 74,752 74,752 024 COMMS, NAV SURVEILLANCE ............................................................. 69,960 69,960 69,960 69,960 025 GATM ROLLUP ..................................................................................... 45,302 45,302 45,302 45,302


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026 RQ–7 UAV MODS ................................................................................ 71,169 71,169 71,169 71,169 027 UAS MODS .......................................................................................... 21,804 26,224 21,804 21,804 

Realign APS Unit Set Requirements from OCO ........................ [4,420 ] 

GROUND SUPPORT AVIONICS 

028 AIRCRAFT SURVIVABILITY EQUIPMENT ............................................... 67,377 67,377 67,377 67,377 029 SURVIVABILITY CM ............................................................................. 9,565 9,565 35,565 9,565 

ASE PNT unfunded requirement ................................................ [26,000 ] 

030 CMWS ................................................................................................. 41,626 41,626 41,626 41,626 

OTHER SUPPORT 

032 AVIONICS SUPPORT EQUIPMENT ......................................................... 7,007 7,007 7,007 7,007 033 COMMON GROUND EQUIPMENT .......................................................... 48,234 48,234 48,234 48,234 034 AIRCREW INTEGRATED SYSTEMS ........................................................ 30,297 30,297 30,297 30,297 035 AIR TRAFFIC CONTROL ....................................................................... 50,405 50,405 50,405 50,405 036 INDUSTRIAL FACILITIES ....................................................................... 1,217 1,217 1,217 1,217 037 LAUNCHER, 2.75 ROCKET ................................................................... 3,055 3,055 3,055 3,055 

TOTAL AIRCRAFT PROCUREMENT, ARMY .............................. 147 3,614,787 147 3,648,807 147 3,640,787 147 3,614,787 

MISSILE PROCUREMENT, ARMY SURFACE-TO-AIR MISSILE SYSTEM 

001 LOWER TIER AIR AND MISSILE DEFENSE (AMD) ................................ 126,470 126,470 126,470 126,470 002 MSE MISSILE ...................................................................................... 85 423,201 85 505,601 85 423,201 85 423,201 

Program increase ...................................................................... [82,400 ] 

003 ADVANCE PROCUREMENT (CY) ...................................................... 19,319 19,319 19,319 19,319 

AIR-TO-SURFACE MISSILE SYSTEM 

004 HELLFIRE SYS SUMMARY ................................................................... 155 42,013 155 42,013 155 42,013 155 42,013 

005 JOINT AIR-TO-GROUND MSLS (JAGM) ................................................. 324 64,751 324 64,751 324 64,751 324 64,751006 ADVANCE PROCUREMENT (CY) ...................................................... 37,100 37,100 37,100 37,100 

ANTI-TANK/ASSAULT MISSILE SYS 

007 JAVELIN (AAWS-M) SYSTEM SUMMARY .............................................. 309 73,508 309 89,075 309 73,508 –604 309 72,904 

Engineering services cost growth ............................................. [–604 ] Realign APS Unit Set Requirements from OCO ........................ [15,567 ] 

008 TOW 2 SYSTEM SUMMARY ................................................................. 595 64,922 595 145,574 595 64,922 595 64,922 

Realign APS Unit Set Requirements from OCO ........................ [80,652 ] 

009 ADVANCE PROCUREMENT (CY) ...................................................... 19,949 19,949 19,949 –9,233 10,716 

Advance procurement cost growth ........................................... [–9,233 ] 

010 GUIDED MLRS ROCKET (GMLRS) ........................................................ 1,068 172,088 1,068 248,079 1,068 172,088 1,068 172,088 

Realign APS Unit Set Requirements from OCO ........................ [75,991 ] 

011 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) ........................ 1,704 18,004 1,704 18,004 1,704 18,004 1,704 18,004 

MODIFICATIONS 

013 PATRIOT MODS ................................................................................... 197,107 197,107 197,107 197,107 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2017 

Request 

House 

Authorized 

Senate 

Authorized 

Conference 

Change 

Conference 

Authorized 

Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost 

014 ATACMS MODS .................................................................................... 150,043 150,043 150,043 150,043 015 GMLRS MOD ....................................................................................... 395 395 395 395 017 AVENGER MODS .................................................................................. 33,606 33,606 33,606 33,606 018 ITAS/TOW MODS .................................................................................. 383 383 383 383 019 MLRS MODS ........................................................................................ 34,704 34,704 34,704 34,704 020 HIMARS MODIFICATIONS ..................................................................... 1,847 1,847 1,847 1,847 

SPARES AND REPAIR PARTS 

021 SPARES AND REPAIR PARTS .............................................................. 34,487 34,487 34,487 34,487 

SUPPORT EQUIPMENT & FACILITIES 

022 AIR DEFENSE TARGETS ....................................................................... 4,915 4,915 4,915 4,915 024 PRODUCTION BASE SUPPORT ............................................................. 1,154 1,154 1,154 1,154 

TOTAL MISSILE PROCUREMENT, ARMY ................................ 4,240 1,519,966 4,240 1,774,576 4,240 1,519,966 –9,837 4,240 1,510,129 

PROCUREMENT OF W&TCV, ARMY TRACKED COMBAT VEHICLES 

001 STRYKER VEHICLE .............................................................................. 71,680 71,680 71,680 71,680 

MODIFICATION OF TRACKED COMBAT VEHICLES 

002 STRYKER (MOD) .................................................................................. 74,348 74,348 74,348 74,348 003 STRYKER UPGRADE ............................................................................ 444,561 444,561 433,561 –11,000 433,561 

Early to need ............................................................................. [–11,000 ] [–11,000 ] 

005 BRADLEY PROGRAM (MOD) ................................................................ 276,433 276,433 276,433 –3,100 273,333

Excess program management growth ...................................... [–3,100 ] 

006 HOWITZER, MED SP FT 155MM M109A6 (MOD) ................................ 63,138 63,138 63,138 63,138 007 PALADIN INTEGRATED MANAGEMENT (PIM) ........................................ 36 469,305 36 594,489 36 469,305 36 469,305 

Realign APS Unit Set Requirements from OCO ........................ [125,184 ] 

008 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) ........................ 22 91,963 22 91,963 22 91,963 22 91,963 009 ASSAULT BRIDGE (MOD) ..................................................................... 3,465 9,415 3,465 3,465 

Realign APS Unit Set Requirements from OCO ........................ [5,950 ] 

010 ASSAULT BREACHER VEHICLE ............................................................ 2,928 2,928 2,928 2,928 011 M88 FOV MODS .................................................................................. 8,685 8,685 8,685 8,685 012 JOINT ASSAULT BRIDGE ...................................................................... 9 64,752 9 64,752 9 64,752 9 64,752 013 M1 ABRAMS TANK (MOD) ................................................................... 480,166 480,166 620,166 480,166 

APS Unfunded requirement ....................................................... [82,000 ] 


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M1 industrial base Unfunded requirement .............................. [58,000 ] 

014 ABRAMS UPGRADE PROGRAM ............................................................ 172,200 100,000 100,000 

Realign APS Unit Set Requirements from OCO ........................ [172,200 ] [100,000 ] 

WEAPONS & OTHER COMBAT VEHICLES 

016 INTEGRATED AIR BURST WEAPON SYSTEM FAMILY ........................... 9,764 9,764 9,764 9,764 017 MORTAR SYSTEMS .............................................................................. 8,332 8,332 8,332 8,332 018 XM320 GRENADE LAUNCHER MODULE (GLM) .................................... 3,062 3,062 3,062 3,062 019 COMPACT SEMI-AUTOMATIC SNIPER SYSTEM .................................... 992 992 992 992 020 CARBINE ............................................................................................. 40,493 40,493 40,493 40,493 

021 COMMON REMOTELY OPERATED WEAPONS STATION ......................... 25,164 25,164 25,164 25,164 

MOD OF WEAPONS AND OTHER COMBAT VEH 

022 MK–19 GRENADE MACHINE GUN MODS ............................................. 4,959 4,959 4,959 4,959 023 M777 MODS ........................................................................................ 11,913 11,913 11,913 11,913 024 M4 CARBINE MODS ............................................................................ 29,752 29,752 28,752 29,752 

Program decrease ..................................................................... [–1,000 ] 

025 M2 50 CAL MACHINE GUN MODS ...................................................... 48,582 48,582 48,582 48,582 026 M249 SAW MACHINE GUN MODS ....................................................... 1,179 1,179 1,179 1,179 027 M240 MEDIUM MACHINE GUN MODS ................................................. 1,784 1,784 1,784 1,784 028 SNIPER RIFLES MODIFICATIONS ......................................................... 971 971 971 971 029 M119 MODIFICATIONS ........................................................................ 6,045 6,045 6,045 6,045 030 MORTAR MODIFICATION ...................................................................... 12,118 12,118 12,118 12,118 031 MODIFICATIONS LESS THAN $5.0M (WOCV-WTCV) ............................. 3,157 3,157 3,157 3,157 

SUPPORT EQUIPMENT & FACILITIES 

032 ITEMS LESS THAN $5.0M (WOCV-WTCV) ............................................ 2,331 2,331 2,331 2,331 035 SMALL ARMS EQUIPMENT (SOLDIER ENH PROG) ............................... 3,155 3,155 3,155 3,155 036 BRADLEY PROGRAM ........................................................................... 72,800 1,000 

Program increase for Modular Handgun System ...................... [1,000 ] Realign APS Unit Set Requirements from OCO ........................ [72,800 ] 

TOTAL PROCUREMENT OF W&TCV, ARMY ............................ 67 2,265,177 67 2,641,311 67 2,394,177 85,900 67 2,351,077 

PROCUREMENT OF AMMUNITION, ARMY SMALL/MEDIUM CAL AMMUNITION 

001 CTG, 5.56MM, ALL TYPES ................................................................... 40,296 40,296 37,696 40,296 

Early to need ............................................................................. [–2,600 ] 

002 CTG, 7.62MM, ALL TYPES ................................................................... 39,237 48,879 38,937 39,237 

Early to need ............................................................................. [–300 ] Realign APS Unit Set Requirements from OCO ........................ [9,642 ] 

003 CTG, HANDGUN, ALL TYPES ................................................................ 5,193 5,193 3,893 5,193 

Early to need ............................................................................. [–1,300 ] 

004 CTG, .50 CAL, ALL TYPES ................................................................... 46,693 52,691 41,993 46,693 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2017 

Request 

House 

Authorized 

Senate 

Authorized 

Conference 

Change 

Conference 

Authorized 

Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost 

Early to need ............................................................................. [–4,700 ] Realign APS Unit Set Requirements from OCO ........................ [5,998 ] 

005 CTG, 20MM, ALL TYPES ...................................................................... 7,000 8,077 7,000 7,000 

Realign APS Unit Set Requirements from OCO ........................ [1,077 ] 

006 CTG, 25MM, ALL TYPES ...................................................................... 7,753 34,987 6,453 –1,300 6,453 

Program reduction ..................................................................... [–1,300 ] [–1,300 ] [–1,300 ] Realign APS Unit Set Requirements from OCO ........................ [28,534 ] 

007 CTG, 30MM, ALL TYPES ...................................................................... 47,000 47,000 47,000 47,000 008 CTG, 40MM, ALL TYPES ...................................................................... 118,178 115,501 111,878 –6,354 111,824 

Early to need ............................................................................. [–6,300 ] [–6,354 ] Realign APS Unit Set Requirements from OCO ........................ [7,423 ] Unobligated balances ............................................................... [–10,100 ] 

MORTAR AMMUNITION 

009 60MM MORTAR, ALL TYPES ................................................................ 69,784 69,784 69,784 69,784 010 81MM MORTAR, ALL TYPES ................................................................ 36,125 38,802 36,125 36,125 

Realign APS Unit Set Requirements from OCO ........................ [2,677 ] 

011 120MM MORTAR, ALL TYPES .............................................................. 69,133 69,133 69,133 69,133 

TANK AMMUNITION 

012 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES ...................... 120,668 129,667 117,868 –2,800 117,868 

Early to need ............................................................................. [–2,800 ] [–2,800 ] Realign APS Unit Set Requirements from OCO ........................ [8,999 ] 

ARTILLERY AMMUNITION 

013 ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES ..................... 64,800 64,800 60,800 –3,500 61,300 

75mm blanks early to need ...................................................... [–4,000 ] [–3,500 ] 

014 ARTILLERY PROJECTILE, 155MM, ALL TYPES ..................................... 109,515 129,863 109,515 109,515 

Realign APS Unit Set Requirements from OCO ........................ [20,348 ] 

015 PROJ 155MM EXTENDED RANGE M982 .............................................. 39,200 39,340 39,200 39,200 

Realign APS Unit Set Requirements from OCO ........................ [140 ] 

016 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ....................... 70,881 95,536 70,881 70,881 

Realign APS Unit Set Requirements from OCO ........................ [24,655 ] 

MINES 

017 MINES & CLEARING CHARGES, ALL TYPES ........................................ 16,866 

Realign APS Unit Set Requirements from OCO ........................ [16,866 ] 


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NETWORKED MUNITIONS 

018 SPIDER NETWORK MUNITIONS, ALL TYPES ......................................... 10,353 

Realign APS Unit Set Requirements from OCO ........................ [10,353 ] 

ROCKETS 

019 SHOULDER LAUNCHED MUNITIONS, ALL TYPES ................................. 38,000 101,210 38,000 38,000 

Realign APS Unit Set Requirements from OCO ........................ [63,210 ] 

020 ROCKET, HYDRA 70, ALL TYPES ......................................................... 87,213 87,213 87,213 87,213 

OTHER AMMUNITION 

021 CAD/PAD, ALL TYPES .......................................................................... 4,914 4,914 4,914 4,914 022 DEMOLITION MUNITIONS, ALL TYPES .................................................. 6,380 12,753 6,380 6,380 

Realign APS Unit Set Requirements from OCO ........................ [6,373 ] 

023 GRENADES, ALL TYPES ....................................................................... 22,760 26,903 22,760 22,760 

Realign APS Unit Set Requirements from OCO ........................ [4,143 ] 

024 SIGNALS, ALL TYPES ........................................................................... 10,666 12,518 10,666 10,666 

Realign APS Unit Set Requirements from OCO ........................ [1,852 ] 

025 SIMULATORS, ALL TYPES .................................................................... 7,412 7,412 7,412 7,412 

MISCELLANEOUS 

026 AMMO COMPONENTS, ALL TYPES ....................................................... 12,726 12,726 12,726 12,726 027 NON-LETHAL AMMUNITION, ALL TYPES .............................................. 6,100 6,873 5,900 –200 5,900 

Early to need ............................................................................. [–200 ] [–200 ] Realign APS Unit Set Requirements from OCO ........................ [773 ] 

028 ITEMS LESS THAN $5 MILLION (AMMO) ............................................. 10,006 10,006 9,506 –500 9,506 

Early to need ............................................................................. [–500 ] [–500 ] 

029 AMMUNITION PECULIAR EQUIPMENT .................................................. 17,275 13,575 13,575 –3,700 13,575 

Early to need ............................................................................. [–3,700 ] [–3,700 ] [–3,700 ] 

030 FIRST DESTINATION TRANSPORTATION (AMMO) ................................. 14,951 14,951 14,951 14,951 

PRODUCTION BASE SUPPORT 

032 INDUSTRIAL FACILITIES ....................................................................... 222,269 242,269 222,269 20,000 242,269 

Program increase ...................................................................... [20,000 ] [20,000 ] 

033 CONVENTIONAL MUNITIONS DEMILITARIZATION .................................. 157,383 157,383 157,383 157,383 034 ARMS INITIATIVE ................................................................................. 3,646 3,646 3,646 3,646 

TOTAL PROCUREMENT OF AMMUNITION, ARMY ................... 1,513,157 1,731,120 1,485,457 1,646 1,514,803 

OTHER PROCUREMENT, ARMY TACTICAL VEHICLES 

001 TACTICAL TRAILERS/DOLLY SETS ....................................................... 3,733 3,733 3,733 3,733 002 SEMITRAILERS, FLATBED: ................................................................... 3,716 7,896 3,716 3,716 

Realign APS Unit Set Requirements from OCO ........................ [4,180 ] 

003 HI MOB MULTI-PURP WHLD VEH (HMMWV) ....................................... 50,000 21,000 50,000 50,000 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2017 

Request 

House 

Authorized 

Senate 

Authorized 

Conference 

Change 

Conference 

Authorized 

Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost 

HMMWV M997A3 ambulance recapitalization for Active Component. [50,000 ] [21,000 ] [50,000 ] 

004 GROUND MOBILITY VEHICLES (GMV) .................................................. 4,907 4,907 4,907 4,907 006 JOINT LIGHT TACTICAL VEHICLE ......................................................... 1,828 587,514 1,828 587,514 1,828 587,514 1,828 587,514 007 TRUCK, DUMP, 20T (CCE) .................................................................. 3,927 3,927 3,927 3,927 008 FAMILY OF MEDIUM TACTICAL VEH (FMTV) ........................................ 8 53,293 8 200,769 8 53,293 8 53,293 

Realign APS Unit Set Requirements from OCO ........................ [147,476 ] 

009 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP ............................. 7,460 7,460 7,460 7,460 010 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) .................................. 430 39,564 430 45,686 430 39,564 430 39,564 

Realign APS Unit Set Requirements from OCO ........................ [6,122 ] 

011 PLS ESP .............................................................................................. 11,856 118,214 11,856 11,856 

Realign APS Unit Set Requirements from OCO ........................ [106,358 ] 

012 HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV ........................ 76,561 

Realign APS Unit Set Requirements from OCO ........................ [76,561 ] 

013 TACTICAL WHEELED VEHICLE PROTECTION KITS ................................ 49,751 76,870 49,751 49,751 

Realign APS Unit Set Requirements from OCO ........................ [27,119 ] 

014 MODIFICATION OF IN SVC EQUIP ........................................................ 64,000 57,456 52,000 –10,000 54,000 

Program reduction ..................................................................... [–10,000 ] [–12,000 ] [–10,000 ] Realign APS Unit Set Requirements from OCO ........................ [3,456 ] 

015 MINE-RESISTANT AMBUSH-PROTECTED (MRAP) MODS ...................... 10,611 10,611 10,611 10,611 

NON-TACTICAL VEHICLES 

016 HEAVY ARMORED SEDAN .................................................................... 394 394 394 394 018 NONTACTICAL VEHICLES, OTHER ........................................................ 1,755 1,755 1,755 1,755 

COMM—JOINT COMMUNICATIONS 

019 WIN-T—GROUND FORCES TACTICAL NETWORK ................................. 427,598 434,170 327,598 427,598 

Ahead of need ........................................................................... [–100,000 ] Realign APS Unit Set Requirements from OCO ........................ [6,572 ] 

020 SIGNAL MODERNIZATION PROGRAM ................................................... 58,250 58,250 58,250 58,250 021 JOINT INCIDENT SITE COMMUNICATIONS CAPABILITY ........................ 5,749 5,749 5,749 5,749 022 JCSE EQUIPMENT (USREDCOM) .......................................................... 5,068 5,068 5,068 5,068 

COMM—SATELLITE COMMUNICATIONS 

023 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS ....................... 143,805 143,805 143,805 143,805 024 TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS ................ 36,580 36,580 36,580 36,580 


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025 SHF TERM ........................................................................................... 1,985 25,985 1,985 1,985

Realign APS Unit Set Requirements from OCO ........................ [24,000 ] 

027 SMART-T (SPACE) ............................................................................... 9,165 9,165 9,165 9,165 

COMM—C3 SYSTEM 

031 ARMY GLOBAL CMD & CONTROL SYS (AGCCS) ................................. 2,530 2,530 2,530 2,530 

COMM—COMBAT COMMUNICATIONS 

033 HANDHELD MANPACK SMALL FORM FIT (HMS) .................................. 5,656 273,645 5,656 273,645 5,656 273,645 5,656 273,645 

034 MID-TIER NETWORKING VEHICULAR RADIO (MNVR) ........................... 25,017 25,017 25,017 25,017 035 RADIO TERMINAL SET, MIDS LVT(2) ................................................... 12,326 12,326 12,326 12,326 037 TRACTOR DESK ................................................................................... 2,034 2,034 2,034 2,034 038 TRACTOR RIDE .................................................................................... 2,334 2,334 2,334 2,334 039 SPIDER APLA REMOTE CONTROL UNIT ............................................... 1,985 1,985 1,985 1,985 040 SPIDER FAMILY OF NETWORKED MUNITIONS INCR ............................ 10,796 10,796 10,796 10,796 042 TACTICAL COMMUNICATIONS AND PROTECTIVE SYSTEM ................... 3,607 3,607 3,607 3,607 043 UNIFIED COMMAND SUITE .................................................................. 14,295 14,295 14,295 14,295 045 FAMILY OF MED COMM FOR COMBAT CASUALTY CARE .................... 19,893 19,893 19,893 19,893 

COMM—INTELLIGENCE COMM 

047 CI AUTOMATION ARCHITECTURE ......................................................... 1,388 1,388 1,388 1,388 048 ARMY CA/MISO GPF EQUIPMENT ........................................................ 5,494 5,494 5,494 5,494 

INFORMATION SECURITY 

049 FAMILY OF BIOMETRICS ..................................................................... 2,978 2,978 2,978 2,978 051 COMMUNICATIONS SECURITY (COMSEC) ............................................ 131,356 133,284 131,356 131,356 

Realign APS Unit Set Requirements from OCO ........................ [1,928 ] 

052 DEFENSIVE CYBER OPERATIONS ........................................................ 15,132 15,132 15,132 15,132 

COMM—LONG HAUL COMMUNICATIONS 

053 BASE SUPPORT COMMUNICATIONS .................................................... 27,452 27,452 27,452 27,452 

COMM—BASE COMMUNICATIONS 

054 INFORMATION SYSTEMS ...................................................................... 122,055 122,055 122,055 122,055 055 EMERGENCY MANAGEMENT MODERNIZATION PROGRAM ................... 1 4,286 1 4,286 1 4,286 1 4,286 056 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM ..................... 131,794 131,794 131,794 131,794 

ELECT EQUIP—TACT INT REL ACT (TIARA) 

059 JTT/CIBS-M ......................................................................................... 5,337 5,337 5,337 5,337 062 DCGS-A (MIP) ..................................................................................... 242,514 242,514 149,514 –24,700 217,814 

Program reduction ..................................................................... [–93,000 ] [–24,700 ] 

063 JOINT TACTICAL GROUND STATION (JTAGS) ........................................ 4,417 4,417 4,417 4,417 064 TROJAN (MIP) ...................................................................................... 17,455 17,615 17,455 17,455 

Realign APS Unit Set Requirements from OCO ........................ [160 ] 

065 MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) ......................................... 44,965 44,965 44,965 44,965 066 CI HUMINT AUTO REPRTING AND COLL(CHARCS) .............................. 7,658 7,658 7,658 7,658 067 CLOSE ACCESS TARGET RECONNAISSANCE (CATR) ........................... 7,970 7,970 7,970 7,970 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2017 

Request 

House 

Authorized 

Senate 

Authorized 

Conference 

Change 

Conference 

Authorized 

Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost 

068 MACHINE FOREIGN LANGUAGE TRANSLATION SYSTEM-M .................. 545 545 545 545 

ELECT EQUIP—ELECTRONIC WARFARE (EW) 

070 LIGHTWEIGHT COUNTER MORTAR RADAR ........................................... 74,038 99,930 61,538 –5,585 68,453 

Realign APS Unit Set Requirements from OCO ........................ [25,892 ] Unit cost growth ....................................................................... [–12,500 ] [–5,585 ] 

071 EW PLANNING & MANAGEMENT TOOLS (EWPMT) ............................... 3,235 3,235 3,235 3,235 072 AIR VIGILANCE (AV) ............................................................................ 733 733 733 733 074 FAMILY OF PERSISTENT SURVEILLANCE CAPABILITIE ........................ 1,740 1,740 1,740 1,740 075 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES ................... 455 455 455 455 076 CI MODERNIZATION ............................................................................ 176 176 176 176 

ELECT EQUIP—TACTICAL SURV. (TAC SURV) 

077 SENTINEL MODS ................................................................................. 40,171 40,171 40,171 40,171 078 NIGHT VISION DEVICES ....................................................................... 163,029 163,029 163,029 163,029 079 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF ............................. 15,885 15,885 15,885 15,885 080 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS ............................ 48,427 52,697 48,427 48,427 

Realign APS Unit Set Requirements from OCO ........................ [4,270 ] 

081 FAMILY OF WEAPON SIGHTS (FWS) .................................................... 55,536 55,536 55,536 55,536 082 ARTILLERY ACCURACY EQUIP ............................................................. 4,187 4,187 4,187 4,187 085 JOINT BATTLE COMMAND—PLATFORM (JBC-P) ................................. 137,501 137,501 137,501 137,501 086 JOINT EFFECTS TARGETING SYSTEM (JETS) ........................................ 50,726 50,726 50,726 50,726 087 MOD OF IN-SVC EQUIP (LLDR) ........................................................... 28,058 28,058 21,558 28,058 

Reduce to FY16 levels .............................................................. [–6,500 ] 

088 COMPUTER BALLISTICS: LHMBC XM32 .............................................. 5,924 5,924 5,924 5,924 089 MORTAR FIRE CONTROL SYSTEM ....................................................... 22,331 22,621 22,331 22,331 

Realign APS Unit Set Requirements from OCO ........................ [290 ] 

090 COUNTERFIRE RADARS ....................................................................... 314,509 281,509 278,509 –33,000 281,509 

Unit cost savings ...................................................................... [–33,000 ] [–36,000 ] [–33,000 ] 

ELECT EQUIP—TACTICAL C2 SYSTEMS 

091 FIRE SUPPORT C2 FAMILY .................................................................. 8,660 8,660 8,660 8,660 092 AIR & MSL DEFENSE PLANNING & CONTROL SYS ............................. 54,376 124,334 54,376 54,376 

Realign APS Unit Set Requirements from OCO ........................ [69,958 ] 

093 IAMD BATTLE COMMAND SYSTEM ...................................................... 204,969 204,969 204,969 204,969 094 LIFE CYCLE SOFTWARE SUPPORT (LCSS) ........................................... 4,718 4,718 4,718 4,718 


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095 NETWORK MANAGEMENT INITIALIZATION AND SERVICE ..................... 11,063 11,063 11,063 11,063 096 MANEUVER CONTROL SYSTEM (MCS) ................................................ 151,318 151,318 124,318 151,318 

Reduce to FY16 level ................................................................ [–27,000 ] 

097 GLOBAL COMBAT SUPPORT SYSTEM-ARMY (GCSS-A) ........................ 155,660 155,660 155,660 155,660 098 INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPP .................... 4,214 4,214 4,214 4,214 099 RECONNAISSANCE AND SURVEYING INSTRUMENT SET ...................... 16,185 16,185 16,185 16,185 100 MOD OF IN-SVC EQUIPMENT (ENFIRE) ............................................... 1,565 1,565 1,565 1,565 

ELECT EQUIP—AUTOMATION 

101 ARMY TRAINING MODERNIZATION ...................................................... 17,693 17,693 17,693 17,693 102 AUTOMATED DATA PROCESSING EQUIP .............................................. 107,960 107,960 98,560 107,960 

Program reduction ..................................................................... [–9,400 ] 

103 GENERAL FUND ENTERPRISE BUSINESS SYSTEMS FAM .................... 6,416 6,416 6,416 6,416 104 HIGH PERF COMPUTING MOD PGM (HPCMP) ..................................... 58,614 58,614 58,614 58,614 105 CONTRACT WRITING SYSTEM .............................................................. 986 986 986 

Contract writing unjustified requirement ................................. [–986 ] 

106 RESERVE COMPONENT AUTOMATION SYS (RCAS) .............................. 23,828 23,828 23,828 23,828 

ELECT EQUIP—AUDIO VISUAL SYS (A/V) 

107 TACTICAL DIGITAL MEDIA ................................................................... 1,191 1,191 1,191 1,191 108 ITEMS LESS THAN $5M (SURVEYING EQUIPMENT) ............................. 1,995 2,091 1,995 1,995 

Realign APS Unit Set Requirements from OCO ........................ [96 ] 

ELECT EQUIP—SUPPORT 

109 PRODUCTION BASE SUPPORT (C-E) ................................................... 403 403 403 403 

CLASSIFIED PROGRAMS 

110A CLASSIFIED PROGRAMS ...................................................................... 4,436 4,436 4,436 4,436 

CHEMICAL DEFENSIVE EQUIPMENT 

111 PROTECTIVE SYSTEMS ........................................................................ 2,966 2,966 2,966 2,966 112 FAMILY OF NON-LETHAL EQUIPMENT (FNLE) ...................................... 9,795 9,795 9,795 9,795 114 CBRN DEFENSE .................................................................................. 17,922 19,763 17,922 17,922 

Realign APS Unit Set Requirements from OCO ........................ [1,841 ] 

BRIDGING EQUIPMENT 

115 TACTICAL BRIDGING ........................................................................... 13,553 39,553 13,553 13,553 

Realign APS Unit Set Requirements from OCO ........................ [26,000 ] 

116 TACTICAL BRIDGE, FLOAT-RIBBON ..................................................... 25,244 25,244 25,244 25,244 117 BRIDGE SUPPLEMENTAL SET .............................................................. 983 983 983 983 118 COMMON BRIDGE TRANSPORTER (CBT) RECAP ................................. 25,176 25,176 25,176 25,176 

ENGINEER (NON-CONSTRUCTION) EQUIPMENT 

119 GRND STANDOFF MINE DETECTN SYSM (GSTAMIDS) ......................... 39,350 39,350 39,350 39,350 120 AREA MINE DETECTION SYSTEM (AMDS) ........................................... 10,500 10,500 10,500 10,500 121 HUSKY MOUNTED DETECTION SYSTEM (HMDS) ................................. 274 274 274 274 122 ROBOTIC COMBAT SUPPORT SYSTEM (RCSS) .................................... 2,951 2,951 2,951 2,951 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2017 

Request 

House 

Authorized 

Senate 

Authorized 

Conference 

Change 

Conference 

Authorized 

Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost 

123 EOD ROBOTICS SYSTEMS RECAPITALIZATION .................................... 1,949 1,949 1,949 1,949 124 ROBOTICS AND APPLIQUE SYSTEMS .................................................. 5,203 5,471 5,203 5,203 

Realign APS Unit Set Requirements from OCO ........................ [268 ] 

125 EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT) ................... 5,570 5,570 5,570 5,570 126 REMOTE DEMOLITION SYSTEMS ......................................................... 6,238 6,238 6,238 6,238 127 < $5M, COUNTERMINE EQUIPMENT ................................................... 836 836 836 836 128 FAMILY OF BOATS AND MOTORS ........................................................ 3,171 3,451 3,171 3,171 

Realign APS Unit Set Requirements from OCO ........................ [280 ] 

COMBAT SERVICE SUPPORT EQUIPMENT 

129 HEATERS AND ECU’S .......................................................................... 18,707 19,601 18,707 18,707 

Realign APS Unit Set Requirements from OCO ........................ [894 ] 

130 SOLDIER ENHANCEMENT .................................................................... 2,112 2,112 2,112 2,112 131 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) ............................ 10,856 10,856 10,856 10,856 132 GROUND SOLDIER SYSTEM ................................................................. 32,419 32,419 32,419 32,419 133 MOBILE SOLDIER POWER ................................................................... 30,014 30,014 30,014 30,014 135 FIELD FEEDING EQUIPMENT ................................................................ 12,544 15,209 12,544 12,544 

Realign APS Unit Set Requirements from OCO ........................ [2,665 ] 

136 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM .................. 18,509 18,509 18,509 18,509 137 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS ...................... 29,384 39,173 29,384 29,384 

Realign APS Unit Set Requirements from OCO ........................ [9,789 ] 

138 ITEMS LESS THAN $5M (ENG SPT) ..................................................... 300 

Realign APS Unit Set Requirements from OCO ........................ [300 ] 

PETROLEUM EQUIPMENT 

139 QUALITY SURVEILLANCE EQUIPMENT ................................................. 4,487 9,287 4,487 4,487 

Realign APS Unit Set Requirements from OCO ........................ [4,800 ] 

140 DISTRIBUTION SYSTEMS, PETROLEUM & WATER ............................... 42,656 63,476 32,656 –7,000 35,656 

Program decrease ..................................................................... [–10,000 ] [–7,000 ] Realign APS Unit Set Requirements from OCO ........................ [20,820 ] 

MEDICAL EQUIPMENT 

141 COMBAT SUPPORT MEDICAL .............................................................. 59,761 65,524 59,761 59,761 

Realign APS Unit Set Requirements from OCO ........................ [5,763 ] 

MAINTENANCE EQUIPMENT 

142 MOBILE MAINTENANCE EQUIPMENT SYSTEMS ................................... 35,694 33,803 30,694 –3,500 32,194 


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Program reduction ..................................................................... [–3,500 ] [–5,000 ] [–3,500 ] Realign APS Unit Set Requirements from OCO ........................ [1,609 ] 

143 ITEMS LESS THAN $5.0M (MAINT EQ) ................................................ 2,716 2,861 2,716 2,716 

Realign APS Unit Set Requirements from OCO ........................ [145 ] 

CONSTRUCTION EQUIPMENT 

144 GRADER, ROAD MTZD, HVY, 6X4 (CCE) ............................................. 1,742 4,789 1,742 1,742 

Realign APS Unit Set Requirements from OCO ........................ [3,047 ] 

145 SCRAPERS, EARTHMOVING ................................................................. 26,233 26,233 26,233 26,233 147 HYDRAULIC EXCAVATOR ..................................................................... 1,123 1,123 1,123 1,123 148 TRACTOR, FULL TRACKED ................................................................... 4,426 

Realign APS Unit Set Requirements from OCO ........................ [4,426 ] 

149 ALL TERRAIN CRANES ........................................................................ 65,285 65,285 65,285 65,285 151 HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) ................................. 1,743 4,643 1,743 1,743 

Realign APS Unit Set Requirements from OCO ........................ [2,900 ] 

152 ENHANCED RAPID AIRFIELD CONSTRUCTION CAPAP .......................... 2,779 2,779 2,779 2,779 154 CONST EQUIP ESP .............................................................................. 26,712 23,212 22,212 –4,500 22,212 

Program reduction ..................................................................... [–3,500 ] [–4,500 ] [–4,500 ] 

155 ITEMS LESS THAN $5.0M (CONST EQUIP) .......................................... 6,649 6,745 6,649 6,649 

Realign APS Unit Set Requirements from OCO ........................ [96 ] 

RAIL FLOAT CONTAINERIZATION EQUIPMENT 

156 ARMY WATERCRAFT ESP .................................................................... 21,860 16,860 10,860 21,860 

Program reduction ..................................................................... [–5,000 ] [–11,000 ] 

157 ITEMS LESS THAN $5.0M (FLOAT/RAIL) .............................................. 1,967 1,967 1,967 1,967 

GENERATORS 

158 GENERATORS AND ASSOCIATED EQUIP .............................................. 113,266 125,727 113,266 113,266 

Program decrease ..................................................................... [–7,500 ] Realign APS Unit Set Requirements from OCO ........................ [19,961 ] 

159 TACTICAL ELECTRIC POWER RECAPITALIZATION ................................ 7,867 7,867 7,867 7,867 

MATERIAL HANDLING EQUIPMENT 

160 FAMILY OF FORKLIFTS ........................................................................ 2,307 3,153 2,307 2,307 

Realign APS Unit Set Requirements from OCO ........................ [846 ] 

TRAINING EQUIPMENT 

161 COMBAT TRAINING CENTERS SUPPORT .............................................. 75,359 75,359 75,359 75,359 162 TRAINING DEVICES, NONSYSTEM ........................................................ 253,050 253,050 253,050 253,050 163 CLOSE COMBAT TACTICAL TRAINER ................................................... 48,271 48,271 48,271 48,271 164 AVIATION COMBINED ARMS TACTICAL TRAINER ................................. 40,000 40,000 40,000 40,000 165 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING ................... 11,543 11,543 11,543 11,543 

TEST MEASURE AND DIG EQUIPMENT (TMD) 

166 CALIBRATION SETS EQUIPMENT ......................................................... 4,963 4,963 4,963 4,963 167 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) .............................. 29,781 29,781 29,781 29,781 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2017 

Request 

House 

Authorized 

Senate 

Authorized 

Conference 

Change 

Conference 

Authorized 

Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost 

168 TEST EQUIPMENT MODERNIZATION (TEMOD) ..................................... 6,342 7,482 6,342 6,342 

Realign APS Unit Set Requirements from OCO ........................ [1,140 ] 

OTHER SUPPORT EQUIPMENT 

169 M25 STABILIZED BINOCULAR ............................................................. 3,149 3,149 3,149 3,149 170 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ............................ 18,003 18,003 18,003 18,003 171 PHYSICAL SECURITY SYSTEMS (OPA3) ............................................... 44,082 44,082 44,082 44,082 172 BASE LEVEL COMMON EQUIPMENT .................................................... 2,168 2,168 2,168 2,168 173 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) ................................ 67,367 67,367 62,367 67,367 

Reduce to FY16 level ................................................................ [–5,000 ] 

174 PRODUCTION BASE SUPPORT (OTH) ................................................... 1,528 1,528 1,528 1,528 175 SPECIAL EQUIPMENT FOR USER TESTING .......................................... 8,289 8,289 8,289 8,289 177 TRACTOR YARD ................................................................................... 6,888 6,888 6,888 6,888 

OPA2 

179 INITIAL SPARES—C&E ....................................................................... 27,243 27,243 27,243 27,243 

TOTAL OTHER PROCUREMENT, ARMY ................................... 7,923 5,873,949 7,923 6,473,477 7,923 5,562,063 –38,285 7,923 5,835,664 

AIRCRAFT PROCUREMENT, NAVY COMBAT AIRCRAFT 

003 JOINT STRIKE FIGHTER CV .................................................................. 4 890,650 4 890,650 4 890,650 4 890,650 

004 ADVANCE PROCUREMENT (CY) ...................................................... 80,908 80,908 80,908 80,908 005 JSF STOVL ........................................................................................... 16 2,037,768 16 2,037,768 16 2,037,768 16 2,037,768 006 ADVANCE PROCUREMENT (CY) ...................................................... 233,648 233,648 233,648 233,648 007 CH–53K (HEAVY LIFT) ........................................................................ 2 348,615 2 348,615 2 348,615 2 348,615 008 ADVANCE PROCUREMENT (CY) ...................................................... 88,365 88,365 88,365 88,365 009 V–22 (MEDIUM LIFT) .......................................................................... 16 1,264,134 16 1,264,134 16 1,264,134 –15,000 16 1,249,134 

Support cost growth .................................................................. [–15,000 ] 

010 ADVANCE PROCUREMENT (CY) ...................................................... 19,674 19,674 19,674 19,674 011 H–1 UPGRADES (UH–1Y/AH–1Z) ........................................................ 24 759,778 24 759,778 24 759,778 –3,192 24 756,586 

Airframe unit cost growth ......................................................... [–3,192 ] 

012 ADVANCE PROCUREMENT (CY) ...................................................... 57,232 57,232 57,232 57,232 014 MH–60R (MYP) ................................................................................... 61,177 26,177 61,177 –8,000 53,177 

Line shutdown costs—early to need ........................................ [–35,000 ] [–8,000 ] 

016 P–8A POSEIDON ................................................................................. 11 1,940,238 11 1,940,238 11 1,940,238 –77,000 11 1,863,238 


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Airfrane unit cost growth .......................................................... [–77,000 ] 

017 ADVANCE PROCUREMENT (CY) ...................................................... 123,140 123,140 123,140 123,140 018 E–2D ADV HAWKEYE .......................................................................... 6 916,483 6 916,483 6 916,483 6 916,483 019 ADVANCE PROCUREMENT (CY) ...................................................... 125,042 125,042 125,042 125,042 

TRAINER AIRCRAFT 

020 JPATS .................................................................................................. 5,849 5,849 5,849 5,849 

OTHER AIRCRAFT 

021 KC–130J ............................................................................................. 2 128,870 2 128,870 2 128,870 2 128,870 022 ADVANCE PROCUREMENT (CY) ...................................................... 24,848 24,848 24,848 24,848 023 MQ–4 TRITON ..................................................................................... 2 409,005 2 409,005 2 409,005 –12,880 2 396,125 

Unit cost savings ...................................................................... [–12,880 ] 

024 ADVANCE PROCUREMENT (CY) ...................................................... 55,652 55,652 55,652 55,652 025 MQ–8 UAV .......................................................................................... 1 72,435 1 72,435 1 72,435 1 72,435 

MODIFICATION OF AIRCRAFT 

029 AEA SYSTEMS ..................................................................................... 51,900 51,900 51,900 51,900

030 AV–8 SERIES ...................................................................................... 60,818 60,818 60,818 60,818 031 ADVERSARY ........................................................................................ 5,191 5,191 5,191 5,191 032 F–18 SERIES ...................................................................................... 1,023,492 986,192 1,023,492 –37,300 986,192 

Unobligated balances ............................................................... [–37,300 ] [–37,300 ] 

034 H–53 SERIES ...................................................................................... 46,095 46,095 46,095 46,095 

035 SH–60 SERIES .................................................................................... 108,328 108,328 108,328 108,328 036 H–1 SERIES ........................................................................................ 46,333 46,333 46,333 46,333 037 EP–3 SERIES ...................................................................................... 14,681 14,681 14,681 14,681 038 P–3 SERIES ........................................................................................ 2,781 2,781 2,781 2,781 039 E–2 SERIES ........................................................................................ 32,949 32,949 32,949 32,949 040 TRAINER A/C SERIES .......................................................................... 13,199 13,199 13,199 13,199 041 C–2A ................................................................................................... 19,066 19,066 19,066 19,066 042 C–130 SERIES .................................................................................... 61,788 61,788 61,788 –2,000 59,788 

Training equipment unjustified growth (OSIP 022–07) ........... [–2,000 ] 

043 FEWSG ................................................................................................ 618 618 618 618 044 CARGO/TRANSPORT A/C SERIES ......................................................... 9,822 9,822 9,822 9,822 045 E–6 SERIES ........................................................................................ 222,077 222,077 222,077 222,077 046 EXECUTIVE HELICOPTERS SERIES ...................................................... 66,835 66,835 66,835 66,835 047 SPECIAL PROJECT AIRCRAFT .............................................................. 16,497 16,497 16,497 16,497 048 T–45 SERIES ...................................................................................... 114,887 114,887 114,887 114,887 049 POWER PLANT CHANGES .................................................................... 16,893 16,893 16,893 –2,000 14,893 

Excess support growth .............................................................. [–2,000 ] 

050 JPATS SERIES ..................................................................................... 17,401 17,401 17,401 17,401 051 COMMON ECM EQUIPMENT ................................................................ 143,773 143,773 143,773 143,773 052 COMMON AVIONICS CHANGES ............................................................ 164,839 164,839 164,839 164,839 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2017 

Request 

House 

Authorized 

Senate 

Authorized 

Conference 

Change 

Conference 

Authorized 

Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost 

053 COMMON DEFENSIVE WEAPON SYSTEM ............................................. 4,403 4,403 4,403 4,403 054 ID SYSTEMS ........................................................................................ 45,768 45,768 45,768 45,768 055 P–8 SERIES ........................................................................................ 18,836 18,836 18,836 18,836 056 MAGTF EW FOR AVIATION ................................................................... 5,676 5,676 5,676 5,676 057 MQ–8 SERIES ..................................................................................... 19,003 19,003 19,003 19,003058 RQ–7 SERIES ...................................................................................... 3,534 3,534 3,534 3,534 059 V–22 (TILT/ROTOR ACFT) OSPREY ..................................................... 141,545 141,545 141,545 141,545 060 F–35 STOVL SERIES ........................................................................... 34,928 34,928 34,928 34,928 061 F–35 CV SERIES ................................................................................. 26,004 26,004 26,004 26,004 062 QRC .................................................................................................... 5,476 5,476 5,476 5,476 

AIRCRAFT SPARES AND REPAIR PARTS 

063 SPARES AND REPAIR PARTS .............................................................. 1,407,626 1,407,626 1,458,426 1,407,626 

F–35B spares unfunded requirement ....................................... [50,800 ] 

AIRCRAFT SUPPORT EQUIP & FACILITIES 

064 COMMON GROUND EQUIPMENT .......................................................... 390,103 370,103 390,103 390,103 

Program decrease ..................................................................... [–20,000 ] 

065 AIRCRAFT INDUSTRIAL FACILITIES ...................................................... 23,194 23,194 23,194 23,194 066 WAR CONSUMABLES ........................................................................... 40,613 40,613 40,613 40,613 067 OTHER PRODUCTION CHARGES .......................................................... 860 860 860 860 068 SPECIAL SUPPORT EQUIPMENT .......................................................... 36,282 36,282 36,282 36,282 069 FIRST DESTINATION TRANSPORTATION ............................................... 1,523 1,523 1,523 1,523 

TOTAL AIRCRAFT PROCUREMENT, NAVY .............................. 84 14,109,148 84 14,016,848 84 14,159,948 –157,372 84 13,951,776 

WEAPONS PROCUREMENT, NAVY MODIFICATION OF MISSILES 

001 TRIDENT II MODS ................................................................................ 1,103,086 1,103,086 1,103,086 1,103,086 

SUPPORT EQUIPMENT & FACILITIES 

002 MISSILE INDUSTRIAL FACILITIES ......................................................... 6,776 6,776 6,776 6,776 

STRATEGIC MISSILES 

003 TOMAHAWK ......................................................................................... 100 186,905 100 186,905 196 271,105 –7,000 100 179,905 

Program increase ...................................................................... [96 ] [84,200 ] Tomahawk unit cost growth ..................................................... [–7,000 ] 

TACTICAL MISSILES 


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004 AMRAAM ............................................................................................. 163 204,697 163 204,697 163 204,697 –7,250 163 197,447 

Unit cost growth ....................................................................... [–7,250 ] 

005 SIDEWINDER ....................................................................................... 152 70,912 152 70,912 152 70,912 152 70,912 006 JSOW ................................................................................................... 2,232 2,232 2,232 2,232 007 STANDARD MISSILE ............................................................................ 125 501,212 125 501,212 125 501,212 –3,244 125 497,968 

Diminishing manufacturing sources excess growth ................. [–3,244 ] 

008 RAM .................................................................................................... 90 71,557 90 71,557 90 71,557 90 71,557 009 JOINT AIR GROUND MISSILE (JAGM) ................................................... 96 26,200 96 26,200 96 26,200 –4,278 96 21,922 

Unit cost savings ...................................................................... [–4,278 ] 

012 STAND OFF PRECISION GUIDED MUNITIONS (SOPGM) ....................... 24 3,316 24 3,316 24 3,316 24 3,316 013 AERIAL TARGETS ................................................................................. 137,484 137,484 137,484 137,484 014 OTHER MISSILE SUPPORT ................................................................... 3,248 3,248 3,248 3,248 015 LRASM ................................................................................................ 10 29,643 10 29,643 10 29,643 10 29,643 

MODIFICATION OF MISSILES 

016 ESSM .................................................................................................. 75 52,935 75 52,935 75 52,935 75 52,935 018 HARM MODS ....................................................................................... 178,213 178,213 148,213 178,213 

Advanced Anti-Radiation Guided Missile production issues .... [–30,000 ] 

019 STANDARD MISSILES MODS ................................................................ 8,164 8,164 8,164 8,164 

SUPPORT EQUIPMENT & FACILITIES 

020 WEAPONS INDUSTRIAL FACILITIES ...................................................... 1,964 1,964 1,964 1,964 021 FLEET SATELLITE COMM FOLLOW-ON ................................................. 36,723 36,723 36,723 36,723 

ORDNANCE SUPPORT EQUIPMENT 

022 ORDNANCE SUPPORT EQUIPMENT ...................................................... 59,096 59,096 66,066 59,096 

Program increase ...................................................................... [6,970 ] 

TORPEDOES AND RELATED EQUIP 

023 SSTD ................................................................................................... 5,910 5,910 5,910 5,910 

024 MK–48 TORPEDO ................................................................................ 11 44,537 11 44,537 11 44,537 11 44,537 025 ASW TARGETS ..................................................................................... 9,302 9,302 9,302 9,302 

MOD OF TORPEDOES AND RELATED EQUIP 

026 MK–54 TORPEDO MODS ..................................................................... 98,092 98,092 98,092 98,092 027 MK–48 TORPEDO ADCAP MODS ......................................................... 46,139 46,139 46,139 46,139 028 QUICKSTRIKE MINE ............................................................................. 1,236 1,236 1,236 1,236 

SUPPORT EQUIPMENT 

029 TORPEDO SUPPORT EQUIPMENT ......................................................... 60,061 60,061 60,061 60,061 030 ASW RANGE SUPPORT ........................................................................ 3,706 3,706 3,706 3,706 

DESTINATION TRANSPORTATION 

031 FIRST DESTINATION TRANSPORTATION ............................................... 3,804 3,804 3,804 3,804 

GUNS AND GUN MOUNTS 

032 SMALL ARMS AND WEAPONS .............................................................. 18,002 18,002 18,002 18,002 

MODIFICATION OF GUNS AND GUN MOUNTS 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2017 

Request 

House 

Authorized 

Senate 

Authorized 

Conference 

Change 

Conference 

Authorized 

Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost 

033 CIWS MODS ........................................................................................ 50,900 50,900 50,900 50,900 034 COAST GUARD WEAPONS .................................................................... 25,295 25,295 25,295 25,295 035 GUN MOUNT MODS ............................................................................. 77,003 77,003 77,003 77,003 036 LCS MODULE WEAPONS ...................................................................... 24 2,776 24 2,776 24 2,776 24 2,776038 AIRBORNE MINE NEUTRALIZATION SYSTEMS ..................................... 15,753 15,753 15,753 15,753 

SPARES AND REPAIR PARTS 

040 SPARES AND REPAIR PARTS .............................................................. 62,383 62,383 62,383 62,383 

TOTAL WEAPONS PROCUREMENT, NAVY .............................. 870 3,209,262 870 3,209,262 966 3,270,432 –21,772 870 3,187,490 

PROCUREMENT OF AMMO, NAVY & MC NAVY AMMUNITION 

001 GENERAL PURPOSE BOMBS ............................................................... 91,659 91,659 91,659 91,659 002 AIRBORNE ROCKETS, ALL TYPES ........................................................ 65,759 65,759 65,759 65,759 003 MACHINE GUN AMMUNITION ............................................................... 8,152 8,152 8,152 8,152 004 PRACTICE BOMBS ............................................................................... 41,873 41,873 41,873 41,873 005 CARTRIDGES & CART ACTUATED DEVICES ......................................... 54,002 54,002 54,002 54,002 006 AIR EXPENDABLE COUNTERMEASURES .............................................. 57,034 57,034 57,034 57,034 007 JATOS .................................................................................................. 2,735 2,735 2,735 2,735 

009 5 INCH/54 GUN AMMUNITION ............................................................. 19,220 19,220 19,220 19,220 010 INTERMEDIATE CALIBER GUN AMMUNITION ....................................... 30,196 30,196 30,196 30,196 011 OTHER SHIP GUN AMMUNITION .......................................................... 39,009 39,009 39,009 39,009 012 SMALL ARMS & LANDING PARTY AMMO ............................................ 46,727 46,727 46,727 46,727 013 PYROTECHNIC AND DEMOLITION ........................................................ 9,806 9,806 9,806 9,806 014 AMMUNITION LESS THAN $5 MILLION ................................................ 2,900 2,900 2,900 2,900 

MARINE CORPS AMMUNITION 

015 SMALL ARMS AMMUNITION ................................................................. 27,958 27,958 27,958 27,958 017 40 MM, ALL TYPES ............................................................................. 14,758 14,758 14,758 14,758 018 60MM, ALL TYPES .............................................................................. 992 992 992 992 020 120MM, ALL TYPES ............................................................................ 16,757 16,757 12,757 –4,600 12,157 

120mm early to need ................................................................ [–4,000 ] [–4,600 ] 

021 GRENADES, ALL TYPES ....................................................................... 972 972 972 972 022 ROCKETS, ALL TYPES ......................................................................... 14,186 14,186 14,186 14,186 023 ARTILLERY, ALL TYPES ....................................................................... 68,656 68,656 68,656 68,656 


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024 DEMOLITION MUNITIONS, ALL TYPES .................................................. 1,700 1,700 1,700 1,700 025 FUZE, ALL TYPES ................................................................................ 26,088 26,088 26,088 26,088 027 AMMO MODERNIZATION ...................................................................... 14,660 14,660 14,660 14,660 028 ITEMS LESS THAN $5 MILLION ........................................................... 8,569 8,569 6,069 –2,500 6,069 

Early to need ............................................................................. [–2,500 ] [–2,500 ] 

TOTAL PROCUREMENT OF AMMO, NAVY & MC .................... 664,368 664,368 657,868 –7,100 657,268 

SHIPBUILDING AND CONVERSION, NAVY FLEET BALLISTIC MISSILE SHIPS 

001 OHIO REPLACEMENT SUBMARINE ADVANCE PROCUREMENT ............. 773,138 773,138 773,138 

Transfer to Title XIV National Sea-Based Deterrence Fund ..... [–773,138 ] 

OTHER WARSHIPS 

002 CARRIER REPLACEMENT PROGRAM ................................................... 1,291,783 1,291,783 1,291,783 1,291,783 003 ADVANCE PROCUREMENT (CY) ...................................................... 1,370,784 1,370,784 1,370,784 1,370,784 004 VIRGINIA CLASS SUBMARINE .............................................................. 2 3,187,985 2 3,187,985 2 3,187,985 2 3,187,985 005 ADVANCE PROCUREMENT (CY) ...................................................... 1,767,234 1,767,234 1,767,234 85,000 1,852,234 

Long-lead Time Materiel Orders for Virginia Class .................. [85,000 ] 

006 CVN REFUELING OVERHAULS ............................................................. 1,743,220 1,743,220 1,743,220 1,743,220007 ADVANCE PROCUREMENT (CY) ...................................................... 248,599 248,599 248,599 248,599 008 DDG 1000 ........................................................................................... 271,756 271,756 271,756 271,756 009 DDG–51 .............................................................................................. 2 3,211,292 2 3,211,292 2 3,261,092 49,800 2 3,261,092 

Fund additional FY16 destroyer ................................................ [49,800 ] [49,800 ] 

011 LITTORAL COMBAT SHIP ..................................................................... 2 1,125,625 2 1,125,625 2 1,097,625 –28,000 2 1,097,625 

Unjustified growth ..................................................................... [–28,000 ] [–28,000 ] 

AMPHIBIOUS SHIPS 

012A AMPHIBIOUS SHIP REPLACEMENT LX(R) ............................................ 440,000 440,000 

Procurement of LPD–29 or LX (R) ............................................ [440,000 ] 

013 AMPHIBIOUS SHIP REPLACEMENT LX(R) ADVANCE PROCUREMENT .. 50,000 

Advanced procurement for LX (R) ............................................ [50,000 ] 

016 LHA REPLACEMENT ............................................................................. 1 1,623,024 1 1,623,024 1 1,623,024 1 1,623,024 

AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST 

020 ADVANCE PROCUREMENT (CY) ...................................................... 73,079 73,079 73,079 73,079 022 MOORED TRAINING SHIP .................................................................... 1 624,527 1 624,527 1 624,527 1 624,527 025 OUTFITTING ......................................................................................... 666,158 666,158 666,158 –21,104 645,054 

Outfitting and post delivery funds early to need ..................... [–21,104 ] 

026 SHIP TO SHORE CONNECTOR ............................................................. 2 128,067 2 128,067 2 128,067 2 128,067027 SERVICE CRAFT .................................................................................. 65,192 65,192 65,192 65,192 028 LCAC SLEP .......................................................................................... 1,774 1,774 1,774 1,774 029 YP CRAFT MAINTENANCE/ROH/SLEP ................................................... 21,363 21,363 21,363 21,363 030 COMPLETION OF PY SHIPBUILDING PROGRAMS ................................. 160,274 160,274 160,274 160,274 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2017 

Request 

House 

Authorized 

Senate 

Authorized 

Conference 

Change 

Conference 

Authorized 

Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost 

TOTAL SHIPBUILDING AND CONVERSION, NAVY .................. 10 18,354,874 10 17,581,736 10 18,426,674 525,696 10 18,880,570 

OTHER PROCUREMENT, NAVY SHIP PROPULSION EQUIPMENT 

003 SURFACE POWER EQUIPMENT ............................................................ 15,514 15,514 15,514 15,514 004 HYBRID ELECTRIC DRIVE (HED) ......................................................... 40,132 40,132 40,132 –850 39,282 

Installation early to need .......................................................... [–850 ] 

GENERATORS 

005 SURFACE COMBATANT HM&E ............................................................. 29,974 29,974 29,974 29,974 

NAVIGATION EQUIPMENT 

006 OTHER NAVIGATION EQUIPMENT ......................................................... 63,942 63,942 63,942 63,942 

OTHER SHIPBOARD EQUIPMENT 

008 SUB PERISCOPE, IMAGING AND SUPT EQUIP PROG ........................... 136,421 136,421 136,421 136,421 009 DDG MOD ............................................................................................ 367,766 367,766 432,766 367,766 

BMD upgrade unfunded requirement ....................................... [65,000 ] 

010 FIREFIGHTING EQUIPMENT .................................................................. 14,743 14,743 14,743 14,743 011 COMMAND AND CONTROL SWITCHBOARD .......................................... 2,140 2,140 2,140 2,140 012 LHA/LHD MIDLIFE ................................................................................ 24,939 24,939 24,939 24,939 014 POLLUTION CONTROL EQUIPMENT ...................................................... 20,191 20,191 20,191 –849 19,342 

HF062 lightering systems unit cost growth ............................. [–849 ] 

015 SUBMARINE SUPPORT EQUIPMENT ..................................................... 8,995 8,995 8,995 8,995 016 VIRGINIA CLASS SUPPORT EQUIPMENT .............................................. 66,838 66,838 66,838 66,838 017 LCS CLASS SUPPORT EQUIPMENT ...................................................... 54,823 54,823 54,823 54,823 018 SUBMARINE BATTERIES ...................................................................... 23,359 23,359 23,359 23,359 019 LPD CLASS SUPPORT EQUIPMENT ...................................................... 40,321 40,321 40,321 40,321 020 DDG 1000 CLASS SUPPORT EQUIPMENT ............................................ 33,404 33,404 33,404 33,404 021 STRATEGIC PLATFORM SUPPORT EQUIP ............................................. 15,836 15,836 15,836 15,836 022 DSSP EQUIPMENT ............................................................................... 806 806 806 806 024 LCAC ................................................................................................... 3,090 3,090 3,090 3,090 025 UNDERWATER EOD PROGRAMS .......................................................... 24,350 24,350 24,350 24,350 026 ITEMS LESS THAN $5 MILLION ........................................................... 88,719 88,719 88,719 –1,820 86,899 

LSD boat davit kit cost growth ................................................ [–993 ] 

Propellers and shafts unit cost growth .................................... [–827 ] 


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027 CHEMICAL WARFARE DETECTORS ...................................................... 2,873 2,873 2,873 2,873 028 SUBMARINE LIFE SUPPORT SYSTEM .................................................. 6,043 6,043 6,043 6,043 

REACTOR PLANT EQUIPMENT 

030 REACTOR COMPONENTS ..................................................................... 342,158 342,158 342,158 342,158 

OCEAN ENGINEERING 

031 DIVING AND SALVAGE EQUIPMENT ..................................................... 8,973 8,973 8,973 8,973 

SMALL BOATS 

032 STANDARD BOATS ............................................................................... 43,684 43,684 43,684 43,684 

PRODUCTION FACILITIES EQUIPMENT 

034 OPERATING FORCES IPE ..................................................................... 75,421 75,421 75,421 75,421 

OTHER SHIP SUPPORT 

035 NUCLEAR ALTERATIONS ...................................................................... 172,718 172,718 172,718 172,718 036 LCS COMMON MISSION MODULES EQUIPMENT .................................. 27,840 17,840 24,140 –10,000 17,840 

RMMV program restructure ....................................................... [–10,000 ] [–3,700 ] [–10,000 ] 

037 LCS MCM MISSION MODULES ............................................................ 57,146 20,746 57,146 57,146 

RMMV program restructure ....................................................... [–36,400 ] 

038 LCS ASW MISSION MODULES ............................................................. 31,952 21,952 31,952 –10,000 21,952 

Early to need ............................................................................. [–10,000 ] [–10,000 ] 

039 LCS SUW MISSION MODULES ............................................................. 22,466 22,466 22,466 –1,402 21,064 

MK–46 gun weapon system contract delays ............................ [–1,402 ] 

LOGISTIC SUPPORT 

041 LSD MIDLIFE ....................................................................................... 10,813 10,813 10,813 10,813 

SHIP SONARS 

042 SPQ–9B RADAR .................................................................................. 14,363 14,363 14,363 14,363 043 AN/SQQ–89 SURF ASW COMBAT SYSTEM .......................................... 90,029 90,029 90,029 90,029 045 SSN ACOUSTIC EQUIPMENT ................................................................ 248,765 248,765 248,765 248,765 046 UNDERSEA WARFARE SUPPORT EQUIPMENT ...................................... 7,163 7,163 7,163 7,163 

ASW ELECTRONIC EQUIPMENT 

048 SUBMARINE ACOUSTIC WARFARE SYSTEM ......................................... 21,291 21,291 21,291 21,291 049 SSTD ................................................................................................... 6,893 6,893 6,893 6,893 

050 FIXED SURVEILLANCE SYSTEM ........................................................... 145,701 145,701 145,701 145,701 051 SURTASS ............................................................................................. 36,136 36,136 1 46,136 36,136 

Additional SURTASS array unfunded requirement .................... [1 ] [10,000 ] 

ELECTRONIC WARFARE EQUIPMENT 

053 AN/SLQ–32 ......................................................................................... 274,892 274,892 1 297,892 –8,251 266,641 

Additional SEWIP Blk 3 unfunded requirement ........................ [1 ] [23,000 ] Block 3 excess support ............................................................. [–4,270 ] Block 3T excess support ........................................................... [–1,000 ] Block 3T installation prior year carryover ................................ [–2,981 ] 

RECONNAISSANCE EQUIPMENT 


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(In Thousands of Dollars) 

Line Item 

FY 2017 

Request 

House 

Authorized 

Senate 

Authorized 

Conference 

Change 

Conference 

Authorized 

Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost 

054 SHIPBOARD IW EXPLOIT ..................................................................... 170,733 170,733 170,733 170,733 055 AUTOMATED IDENTIFICATION SYSTEM (AIS) ....................................... 958 958 958 958 

OTHER SHIP ELECTRONIC EQUIPMENT 

057 COOPERATIVE ENGAGEMENT CAPABILITY ........................................... 22,034 22,034 22,034 22,034 059 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) ................... 12,336 12,336 12,336 12,336 060 ATDLS ................................................................................................. 30,105 30,105 30,105 30,105 061 NAVY COMMAND AND CONTROL SYSTEM (NCCS) .............................. 4,556 4,556 4,556 4,556 062 MINESWEEPING SYSTEM REPLACEMENT ............................................ 56,675 56,675 32,175 –24,477 32,198 

Ahead of need ........................................................................... [–24,500 ] [–24,477 ] 

063 SHALLOW WATER MCM ....................................................................... 8,875 8,875 8,875 8,875 064 NAVSTAR GPS RECEIVERS (SPACE) .................................................... 12,752 12,752 12,752 12,752 065 AMERICAN FORCES RADIO AND TV SERVICE ..................................... 4,577 4,577 4,577 4,577 066 STRATEGIC PLATFORM SUPPORT EQUIP ............................................. 8,972 8,972 8,972 8,972 

AVIATION ELECTRONIC EQUIPMENT 

069 ASHORE ATC EQUIPMENT ................................................................... 75,068 75,068 75,068 75,068 070 AFLOAT ATC EQUIPMENT .................................................................... 33,484 33,484 33,484 33,484 076 ID SYSTEMS ........................................................................................ 22,177 22,177 22,177 22,177 077 NAVAL MISSION PLANNING SYSTEMS ................................................. 14,273 14,273 14,273 14,273 

OTHER SHORE ELECTRONIC EQUIPMENT 

080 TACTICAL/MOBILE C4I SYSTEMS ........................................................ 27,927 27,927 27,927 27,927 081 DCGS-N ............................................................................................... 12,676 12,676 12,676 12,676 082 CANES ................................................................................................. 212,030 212,030 212,030 212,030 083 RADIAC ............................................................................................... 8,092 8,092 8,092 8,092 084 CANES-INTELL ..................................................................................... 36,013 36,013 36,013 36,013 085 GPETE ................................................................................................. 6,428 6,428 6,428 6,428 087 INTEG COMBAT SYSTEM TEST FACILITY ............................................. 8,376 8,376 8,376 8,376 088 EMI CONTROL INSTRUMENTATION ...................................................... 3,971 3,971 3,971 3,971 089 ITEMS LESS THAN $5 MILLION ........................................................... 58,721 58,721 58,721 58,721 

SHIPBOARD COMMUNICATIONS 

090 SHIPBOARD TACTICAL COMMUNICATIONS .......................................... 17,366 17,366 17,366 17,366 091 SHIP COMMUNICATIONS AUTOMATION ................................................ 102,479 102,479 102,479 102,479 092 COMMUNICATIONS ITEMS UNDER $5M .............................................. 10,403 10,403 10,403 10,403 

SUBMARINE COMMUNICATIONS 


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093 SUBMARINE BROADCAST SUPPORT .................................................... 34,151 34,151 34,151 34,151 094 SUBMARINE COMMUNICATION EQUIPMENT ........................................ 64,529 64,529 64,529 64,529 

SATELLITE COMMUNICATIONS 

095 SATELLITE COMMUNICATIONS SYSTEMS ............................................. 14,414 14,414 14,414 14,414 096 NAVY MULTIBAND TERMINAL (NMT) ................................................... 38,365 38,365 38,365 38,365 

SHORE COMMUNICATIONS 

097 JCS COMMUNICATIONS EQUIPMENT ................................................... 4,156 4,156 4,156 4,156 

CRYPTOGRAPHIC EQUIPMENT 

099 INFO SYSTEMS SECURITY PROGRAM (ISSP) ....................................... 85,694 85,694 85,694 85,694 100 MIO INTEL EXPLOITATION TEAM ......................................................... 920 920 920 920 

CRYPTOLOGIC EQUIPMENT 

101 CRYPTOLOGIC COMMUNICATIONS EQUIP ............................................ 21,098 21,098 21,098 21,098 

OTHER ELECTRONIC SUPPORT 

102 COAST GUARD EQUIPMENT ................................................................. 32,291 32,291 32,291 32,291 

SONOBUOYS 

103 SONOBUOYS—ALL TYPES .................................................................. 162,588 162,588 162,588 –3,047 159,541

Excess unit cost growth ............................................................ [–3,047 ] 

AIRCRAFT SUPPORT EQUIPMENT 

104 WEAPONS RANGE SUPPORT EQUIPMENT ............................................ 58,116 58,116 58,116 58,116 105 AIRCRAFT SUPPORT EQUIPMENT ........................................................ 120,324 120,324 120,324 120,324 106 METEOROLOGICAL EQUIPMENT ........................................................... 29,253 29,253 29,253 29,253 107 DCRS/DPL ........................................................................................... 632 632 632 632 108 AIRBORNE MINE COUNTERMEASURES ................................................ 29,097 29,097 29,097 29,097 109 AVIATION SUPPORT EQUIPMENT ......................................................... 39,099 39,099 39,099 39,099 

SHIP GUN SYSTEM EQUIPMENT 

110 SHIP GUN SYSTEMS EQUIPMENT ........................................................ 6,191 6,191 6,191 6,191 

SHIP MISSILE SYSTEMS EQUIPMENT 

111 SHIP MISSILE SUPPORT EQUIPMENT .................................................. 320,446 310,946 320,446 –9,500 310,946 

Program execution ..................................................................... [–9,500 ] [–9,500 ] 

112 TOMAHAWK SUPPORT EQUIPMENT ...................................................... 71,046 71,046 71,046 71,046 

FBM SUPPORT EQUIPMENT 

113 STRATEGIC MISSILE SYSTEMS EQUIP ................................................. 215,138 215,138 215,138 215,138 

ASW SUPPORT EQUIPMENT 

114 SSN COMBAT CONTROL SYSTEMS ...................................................... 130,715 130,715 130,715 130,715 115 ASW SUPPORT EQUIPMENT ................................................................. 26,431 26,431 26,431 26,431 

OTHER ORDNANCE SUPPORT EQUIPMENT 

116 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ........................................... 11,821 11,821 11,821 11,821 117 ITEMS LESS THAN $5 MILLION ........................................................... 6,243 6,243 6,243 6,243 

OTHER EXPENDABLE ORDNANCE 

118 SUBMARINE TRAINING DEVICE MODS ................................................ 48,020 48,020 48,020 48,020 


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(In Thousands of Dollars) 

Line Item 

FY 2017 

Request 

House 

Authorized 

Senate 

Authorized 

Conference 

Change 

Conference 

Authorized 

Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost 

120 SURFACE TRAINING EQUIPMENT ......................................................... 97,514 97,514 97,514 –2,535 94,979 

Unjustified growth ..................................................................... [–2,535 ] 

CIVIL ENGINEERING SUPPORT EQUIPMENT 

121 PASSENGER CARRYING VEHICLES ...................................................... 8,853 8,853 8,853 8,853 122 GENERAL PURPOSE TRUCKS .............................................................. 4,928 4,928 4,928 4,928 123 CONSTRUCTION & MAINTENANCE EQUIP ............................................ 18,527 18,527 18,527 18,527 124 FIRE FIGHTING EQUIPMENT ................................................................ 13,569 13,569 13,569 13,569 125 TACTICAL VEHICLES ............................................................................ 14,917 14,917 14,917 14,917 126 AMPHIBIOUS EQUIPMENT .................................................................... 7,676 7,676 7,676 7,676 127 POLLUTION CONTROL EQUIPMENT ...................................................... 2,321 2,321 2,321 2,321 128 ITEMS UNDER $5 MILLION ................................................................. 12,459 12,459 12,459 12,459 129 PHYSICAL SECURITY VEHICLES .......................................................... 1,095 1,095 1,095 1,095 

SUPPLY SUPPORT EQUIPMENT 

131 SUPPLY EQUIPMENT ........................................................................... 16,023 16,023 16,023 16,023 133 FIRST DESTINATION TRANSPORTATION ............................................... 5,115 5,115 5,115 5,115 134 SPECIAL PURPOSE SUPPLY SYSTEMS ................................................ 295,471 295,471 295,471 295,471 

TRAINING DEVICES 

136 TRAINING AND EDUCATION EQUIPMENT ............................................. 9,504 9,504 9,504 9,504 

COMMAND SUPPORT EQUIPMENT 

137 COMMAND SUPPORT EQUIPMENT ....................................................... 37,180 37,180 37,180 –7,200 29,980 

CNIC building control systems unjustified request .................. [–7,200 ] 

139 MEDICAL SUPPORT EQUIPMENT ......................................................... 4,128 4,128 4,128 4,128 141 NAVAL MIP SUPPORT EQUIPMENT ...................................................... 1,925 1,925 1,925 1,925 142 OPERATING FORCES SUPPORT EQUIPMENT ........................................ 4,777 4,777 4,777 4,777 143 C4ISR EQUIPMENT .............................................................................. 9,073 9,073 9,073 9,073 144 ENVIRONMENTAL SUPPORT EQUIPMENT ............................................. 21,107 21,107 21,107 21,107 145 PHYSICAL SECURITY EQUIPMENT ....................................................... 100,906 100,906 100,906 100,906 146 ENTERPRISE INFORMATION TECHNOLOGY .......................................... 67,544 67,544 67,544 67,544 

OTHER 

150 NEXT GENERATION ENTERPRISE SERVICE .......................................... 98,216 98,216 98,216 98,216 

CLASSIFIED PROGRAMS 

150A CLASSIFIED PROGRAMS ...................................................................... 9,915 9,915 9,915 9,915 

SPARES AND REPAIR PARTS 


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151 SPARES AND REPAIR PARTS .............................................................. 199,660 199,660 199,660 199,660 

TOTAL OTHER PROCUREMENT, NAVY .................................... 6,338,861 6,272,961 2 6,408,661 –79,931 6,258,930 

PROCUREMENT, MARINE CORPS TRACKED COMBAT VEHICLES 

001 AAV7A1 PIP ......................................................................................... 73,785 73,785 73,785 –2,000 71,785 

Production engineering support excess growth ........................ [–2,000 ] 

002 LAV PIP ............................................................................................... 53,423 53,423 53,423 53,423 

ARTILLERY AND OTHER WEAPONS 

003 EXPEDITIONARY FIRE SUPPORT SYSTEM ............................................ 3,360 3,360 3,360 3,360 004 155MM LIGHTWEIGHT TOWED HOWITZER ........................................... 3,318 3,318 3,318 3,318 005 HIGH MOBILITY ARTILLERY ROCKET SYSTEM ..................................... 33,725 33,725 33,725 33,725 006 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION .................... 8,181 8,181 8,181 8,181 

OTHER SUPPORT 

007 MODIFICATION KITS ............................................................................ 15,250 15,250 15,250 15,250 

GUIDED MISSILES 

009 GROUND BASED AIR DEFENSE ........................................................... 9,170 9,170 9,170 9,170 010 JAVELIN ............................................................................................... 1,009 1,009 1,009 1,009 

011 FOLLOW ON TO SMAW ........................................................................ 24,666 24,666 24,666 24,666 012 ANTI-ARMOR WEAPONS SYSTEM-HEAVY (AAWS-H) ............................ 17,080 17,080 17,080 17,080 

COMMAND AND CONTROL SYSTEMS 

015 COMMON AVIATION COMMAND AND CONTROL SYSTEM (C ................ 47,312 47,312 47,312 47,312 

REPAIR AND TEST EQUIPMENT 

016 REPAIR AND TEST EQUIPMENT ........................................................... 16,469 16,469 16,469 16,469 

COMMAND AND CONTROL SYSTEM (NON-TEL) 

019 ITEMS UNDER $5 MILLION (COMM & ELEC) ...................................... 7,433 7,433 7,433 7,433 020 AIR OPERATIONS C2 SYSTEMS ........................................................... 15,917 15,917 15,917 15,917 

RADAR + EQUIPMENT (NON-TEL) 

021 RADAR SYSTEMS ................................................................................ 17,772 17,772 17,772 17,772 022 GROUND/AIR TASK ORIENTED RADAR (G/ATOR) ................................. 3 123,758 3 123,758 3 123,758 3 123,758 023 RQ–21 UAS ......................................................................................... 4 80,217 4 80,217 4 80,217 4 80,217 

INTELL/COMM EQUIPMENT (NON-TEL) 

024 GCSS-MC ............................................................................................ 1,089 1,089 1,089 1,089 025 FIRE SUPPORT SYSTEM ...................................................................... 13,258 13,258 13,258 13,258 026 INTELLIGENCE SUPPORT EQUIPMENT ................................................. 56,379 56,379 56,379 56,379 029 RQ–11 UAV ......................................................................................... 1,976 1,976 1,976 1,976 031 DCGS-MC ............................................................................................ 1,149 1,149 1,149 1,149 032 UAS PAYLOADS ................................................................................... 2,971 2,971 2,971 2,971 

OTHER SUPPORT (NON-TEL) 

034 NEXT GENERATION ENTERPRISE NETWORK (NGEN) ........................... 76,302 76,302 76,302 76,302 


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(In Thousands of Dollars) 

Line Item 

FY 2017 

Request 

House 

Authorized 

Senate 

Authorized 

Conference 

Change 

Conference 

Authorized 

Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost 

035 COMMON COMPUTER RESOURCES ..................................................... 41,802 41,802 41,802 –2,325 39,477 

Prior year carryover ................................................................... [–2,325 ] 

036 COMMAND POST SYSTEMS ................................................................. 90,924 90,924 90,924 90,924 037 RADIO SYSTEMS ................................................................................. 43,714 43,714 43,714 43,714 038 COMM SWITCHING & CONTROL SYSTEMS .......................................... 66,383 66,383 66,383 66,383 039 COMM & ELEC INFRASTRUCTURE SUPPORT ...................................... 30,229 30,229 30,229 30,229 

CLASSIFIED PROGRAMS 

039A CLASSIFIED PROGRAMS ...................................................................... 2,738 2,738 2,738 2,738 

ADMINISTRATIVE VEHICLES 

041 COMMERCIAL CARGO VEHICLES ......................................................... 88,312 88,312 88,312 88,312 

TACTICAL VEHICLES 

043 MOTOR TRANSPORT MODIFICATIONS .................................................. 13,292 13,292 13,292 13,292 045 JOINT LIGHT TACTICAL VEHICLE ......................................................... 192 113,230 192 113,230 192 113,230 192 113,230 046 FAMILY OF TACTICAL TRAILERS .......................................................... 2,691 2,691 2,691 2,691 

ENGINEER AND OTHER EQUIPMENT 

048 ENVIRONMENTAL CONTROL EQUIP ASSORT ........................................ 18 18 18 18 050 TACTICAL FUEL SYSTEMS ................................................................... 78 78 78 78 051 POWER EQUIPMENT ASSORTED .......................................................... 17,973 17,973 17,973 17,973 052 AMPHIBIOUS SUPPORT EQUIPMENT .................................................... 7,371 7,371 7,371 7,371 053 EOD SYSTEMS ..................................................................................... 14,021 14,021 14,021 14,021

MATERIALS HANDLING EQUIPMENT 

054 PHYSICAL SECURITY EQUIPMENT ....................................................... 31,523 31,523 31,523 31,523 

GENERAL PROPERTY 

058 TRAINING DEVICES ............................................................................. 33,658 33,658 33,658 33,658 060 FAMILY OF CONSTRUCTION EQUIPMENT ............................................. 21,315 21,315 21,315 21,315 061 FAMILY OF INTERNALLY TRANSPORTABLE VEH (ITV) ......................... 9,654 9,654 9,654 9,654 

OTHER SUPPORT 

062 ITEMS LESS THAN $5 MILLION ........................................................... 6,026 6,026 6,026 6,026 

SPARES AND REPAIR PARTS 

064 SPARES AND REPAIR PARTS .............................................................. 22,848 22,848 22,848 22,848 

TOTAL PROCUREMENT, MARINE CORPS ............................... 199 1,362,769 199 1,362,769 199 1,362,769 –4,325 199 1,358,444 

AIRCRAFT PROCUREMENT, AIR FORCE 


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TACTICAL FORCES 

001 F–35 ................................................................................................... 43 4,401,894 43 4,401,894 43 4,401,894 –213,000 43 4,188,894 

Program efficiencies ................................................................. [–213,000 ] 

002 ADVANCE PROCUREMENT (CY) ...................................................... 404,500 404,500 404,500 404,500 

TACTICAL AIRLIFT 

003 KC–46A TANKER ................................................................................. 15 2,884,591 15 2,884,591 15 2,884,591 15 2,884,591 

OTHER AIRLIFT 

004 C–130J ............................................................................................... 2 145,655 2 145,655 2 145,655 2 145,655 006 HC–130J ............................................................................................. 4 317,576 4 317,576 4 317,576 4 317,576 007 ADVANCE PROCUREMENT (CY) ...................................................... 20,000 20,000 20,000 20,000 008 MC–130J ............................................................................................. 6 548,358 6 548,358 6 548,358 6 548,358 009 ADVANCE PROCUREMENT (CY) ...................................................... 50,000 50,000 50,000 50,000 

HELICOPTERS 

010 UH–1N REPLACEMENT ........................................................................ 18,337 18,337 8 320,637 18,337 

HH–60 Blackhawks, initial spares, and support equipment ... [8 ] [302,300 ] 

MISSION SUPPORT AIRCRAFT 

012 CIVIL AIR PATROL A/C ........................................................................ 6 2,637 6 2,637 6 2,637 6 2,637

OTHER AIRCRAFT 

013 TARGET DRONES ................................................................................. 41 114,656 41 114,656 41 114,656 41 114,656 014 RQ–4 .................................................................................................. 12,966 12,966 12,966 12,966 

015 MQ–9 .................................................................................................. 122,522 122,522 35,522 122,522 

Air Force requested realignment ............................................... [–87,000 ] 

STRATEGIC AIRCRAFT 

016 B–2A ................................................................................................... 46,729 46,729 46,729 46,729 017 B–1B .................................................................................................. 116,319 116,319 116,319 116,319 018 B–52 ................................................................................................... 109,020 109,020 109,020 109,020 

TACTICAL AIRCRAFT 

020 A–10 ................................................................................................... 1,289 1,289 1,289 1,289 

021 F–15 ................................................................................................... 105,685 105,685 105,685 105,685 022 F–16 ................................................................................................... 97,331 97,331 185,631 17,000 114,331 

Active missile warning system ................................................. [12,000 ] [12,000 ] Anti-jam global positioning system (GPS) upgrade ................. [5,000 ] [5,000 ] Digital radar warning system ................................................... [23,000 ] Multi-mission computer and MIDS-JTRS .................................. [48,300 ] 

023 F–22A ................................................................................................. 163,008 163,008 163,008 163,008 024 F–35 MODIFICATIONS ......................................................................... 175,811 175,811 175,811 175,811 025 INCREMENT 3.2B ................................................................................ 76,410 76,410 76,410 76,410 026 ADVANCE PROCUREMENT (CY) ...................................................... 2,000 2,000 2,000 2,000 

AIRLIFT AIRCRAFT 

027 C–5 ..................................................................................................... 24,192 24,192 24,192 24,192 


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(In Thousands of Dollars) 

Line Item 

FY 2017 

Request 

House 

Authorized 

Senate 

Authorized 

Conference 

Change 

Conference 

Authorized 

Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost 

029 C–17A ................................................................................................. 21,555 21,555 21,555 21,555 030 C–21 ................................................................................................... 5,439 5,439 5,439 5,439 031 C–32A ................................................................................................. 35,235 35,235 35,235 35,235 032 C–37A ................................................................................................. 5,004 5,004 5,004 5,004 

TRAINER AIRCRAFT 

033 GLIDER MODS ..................................................................................... 394 394 394 394 034 T–6 ..................................................................................................... 12,765 12,765 12,765 12,765 035 T–1 ..................................................................................................... 25,073 25,073 25,073 –8,000 17,073 

Production schedule slip ........................................................... [–8,000 ] 

036 T–38 ................................................................................................... 45,090 45,090 45,090 45,090 

OTHER AIRCRAFT 

037 U–2 MODS .......................................................................................... 36,074 36,074 36,074 36,074 

038 KC–10A (ATCA) ................................................................................... 4,570 4,570 4,570 4,570 039 C–12 ................................................................................................... 1,995 1,995 1,995 1,995 040 VC–25A MOD ...................................................................................... 102,670 102,670 102,670 102,670 041 C–40 ................................................................................................... 13,984 13,984 13,984 13,984 042 C–130 ................................................................................................. 9,168 50 81,668 9,168 50 72,500 50 81,668 

8–Bladed Propellers .................................................................. [16,000 ] [16,000 ] Electronic Propeller Control Systems ........................................ [13,500 ] [13,500 ] In-flight Propeller Balancing System Certification ................... [1,500 ] [1,500 ] T56 3.5 Engine Upgrade Kits ................................................... [50 ] [41,500 ] [50 ] [41,500 ] 

043 C–130J MODS ..................................................................................... 89,424 89,424 89,424 89,424044 C–135 ................................................................................................. 64,161 64,161 64,161 64,161 045 COMPASS CALL MODS ........................................................................ 130,257 59,857 155,857 –70,400 59,857 

Air Force requested realignment from Initial Spares ............... [25,600 ] Compass Call Program Restructure ......................................... [–70,400 ] [–70,400 ] 

046 RC–135 .............................................................................................. 211,438 211,438 211,438 211,438 047 E–3 ..................................................................................................... 82,786 82,786 82,786 82,786 048 E–4 ..................................................................................................... 53,348 53,348 53,348 53,348 049 E–8 ..................................................................................................... 6,244 6,244 6,244 6,244 

050 AIRBORNE WARNING AND CONTROL SYSTEM .................................... 223,427 223,427 223,427 223,427 051 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS ................................ 3 4,673 3 4,673 3 4,673 3 4,673 052 H–1 ..................................................................................................... 9,007 9,007 9,007 9,007 


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054 H–60 ................................................................................................... 91,357 91,357 91,357 91,357 055 RQ–4 MODS ........................................................................................ 32,045 32,045 32,045 32,045 056 HC/MC–130 MODIFICATIONS .............................................................. 30,767 30,767 30,767 30,767 057 OTHER AIRCRAFT ................................................................................ 33,886 33,886 33,886 33,886 059 MQ–9 MODS ....................................................................................... 141,929 141,929 141,929 141,929 060 CV–22 MODS ...................................................................................... 63,395 63,395 63,395 63,395

AIRCRAFT SPARES AND REPAIR PARTS 

061 INITIAL SPARES/REPAIR PARTS .......................................................... 686,491 673,291 747,891 –13,200 673,291 

Air Force requested realignment ............................................... [–25,600 ] Air Force requested realignment from MQ–9 ........................... [87,000 ] Compass Call Program Restructure ......................................... [–13,200 ] [–13,200 ] 

COMMON SUPPORT EQUIPMENT 

062 AIRCRAFT REPLACEMENT SUPPORT EQUIP ........................................ 121,935 121,935 121,935 121,935 

POST PRODUCTION SUPPORT 

063 B–2A ................................................................................................... 154 154 154 154 064 B–2A ................................................................................................... 43,330 43,330 43,330 43,330 065 B–52 ................................................................................................... 28,125 28,125 28,125 28,125 066 C–17A ................................................................................................. 23,559 23,559 23,559 23,559 

069 F–15 ................................................................................................... 2,980 2,980 2,980 2,980 070 F–16 ................................................................................................... 15,155 39,955 15,155 24,800 39,955 

Additional mission trainers ....................................................... [24,800 ] [24,800 ] 

071 F–22A ................................................................................................. 48,505 48,505 48,505 48,505 

074 RQ–4 POST PRODUCTION CHARGES .................................................. 99 99 99 99 

INDUSTRIAL PREPAREDNESS 

075 INDUSTRIAL RESPONSIVENESS ........................................................... 14,126 14,126 14,126 14,126 

WAR CONSUMABLES 

076 WAR CONSUMABLES ........................................................................... 120,036 120,036 120,036 120,036 

OTHER PRODUCTION CHARGES 

077 OTHER PRODUCTION CHARGES .......................................................... 1,252,824 1,252,824 1,252,824 1,252,824 

CLASSIFIED PROGRAMS 

077A CLASSIFIED PROGRAMS ...................................................................... 16,952 16,952 16,952 103,000 119,952 

Compass Call Program Restructure ......................................... [103,000 ] 

TOTAL AIRCRAFT PROCUREMENT, AIR FORCE ..................... 120 13,922,917 170 13,936,617 128 14,313,517 50 –87,300 170 13,835,617 

MISSILE PROCUREMENT, AIR FORCE MISSILE REPLACEMENT EQUIPMENT—BALLISTIC 

001 MISSILE REPLACEMENT EQ-BALLISTIC ............................................... 70,247 70,247 70,247 70,247 

TACTICAL 

002 JOINT AIR-SURFACE STANDOFF MISSILE ............................................ 360 431,645 360 431,645 360 431,645 360 431,645 

003 LRASM0 .............................................................................................. 20 59,511 20 59,511 20 59,511 20 59,511 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2017 

Request 

House 

Authorized 

Senate 

Authorized 

Conference 

Change 

Conference 

Authorized 

Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost 

004 SIDEWINDER (AIM–9X) ....................................................................... 287 127,438 287 127,438 287 127,438 287 127,438 005 AMRAAM ............................................................................................. 256 350,144 256 350,144 256 350,144 –10,752 256 339,392 

Pricing adjustment .................................................................... [–10,752 ] 

006 PREDATOR HELLFIRE MISSILE ............................................................ 284 33,955 284 33,955 284 33,955 284 33,955 007 SMALL DIAMETER BOMB .................................................................... 312 92,361 312 92,361 312 92,361 312 92,361 

INDUSTRIAL FACILITIES 

008 INDUSTR’L PREPAREDNS/POL PREVENTION ........................................ 977 977 977 977 

CLASS IV 

009 ICBM FUZE MOD ................................................................................. 17,095 17,095 17,095 17,095 010 MM III MODIFICATIONS ....................................................................... 68,692 68,692 68,692 68,692 011 AGM–65D MAVERICK .......................................................................... 282 282 282 282 013 AIR LAUNCH CRUISE MISSILE (ALCM) ................................................ 21,762 21,762 21,762 21,762 014 SMALL DIAMETER BOMB .................................................................... 15,349 15,349 15,349 15,349 

MISSILE SPARES AND REPAIR PARTS 

015 INITIAL SPARES/REPAIR PARTS .......................................................... 81,607 81,607 81,607 81,607 

SPECIAL PROGRAMS 

030 SPECIAL UPDATE PROGRAMS ............................................................. 46,125 46,125 46,125 46,125 

CLASSIFIED PROGRAMS 

030A CLASSIFIED PROGRAMS ...................................................................... 1,009,431 1,009,431 1,009,431 1,009,431 

TOTAL MISSILE PROCUREMENT, AIR FORCE ........................ 1,519 2,426,621 1,519 2,426,621 1,519 2,426,621 –10,752 1,519 2,415,869 

SPACE PROCUREMENT, AIR FORCE SPACE PROGRAMS 

001 ADVANCED EHF ................................................................................... 645,569 645,569 645,569 645,569 

002 AF SATELLITE COMM SYSTEM ............................................................ 42,375 42,375 42,375 42,375 003 COUNTERSPACE SYSTEMS .................................................................. 26,984 26,984 26,984 26,984 004 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS ................................ 16 88,963 16 88,963 16 88,963 16 88,963 005 WIDEBAND GAPFILLER SATELLITES(SPACE) ........................................ 86,272 116,272 86,272 86,272 

Pilot Program ............................................................................ [30,000 ] 

006 GPS III SPACE SEGMENT .................................................................... 34,059 34,059 34,059 34,059 007 GLOBAL POSTIONING (SPACE) ............................................................ 2,169 2,169 2,169 2,169 008 SPACEBORNE EQUIP (COMSEC) ......................................................... 46,708 46,708 46,708 46,708 009 GLOBAL POSITIONING (SPACE) ........................................................... 13,171 10,271 13,171 –2,900 10,271 


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Excess to Need .......................................................................... [–2,900 ] [–2,900 ] 

010 MILSATCOM ......................................................................................... 41,799 41,799 41,799 41,799 

011 EVOLVED EXPENDABLE LAUNCH CAPABILITY ..................................... 768,586 768,586 768,586 –26,000 742,586 

Early to need ............................................................................. [–26,000 ] 

012 EVOLVED EXPENDABLE LAUNCH VEH(SPACE) .................................... 5 737,853 5 737,853 5 737,853 –201,000 5 536,853 

Early to need ............................................................................. [–201,000 ] 

013 SBIR HIGH (SPACE) ............................................................................ 362,504 362,504 362,504 362,504 014 NUDET DETECTION SYSTEM ................................................................ 4,395 4,395 4,395 4,395 015 SPACE MODS ...................................................................................... 8,642 8,642 8,642 8,642 016 SPACELIFT RANGE SYSTEM SPACE ..................................................... 123,088 123,088 123,088 123,088 

SSPARES 

017 INITIAL SPARES/REPAIR PARTS .......................................................... 22,606 22,606 22,606 22,606 

TOTAL SPACE PROCUREMENT, AIR FORCE .......................... 21 3,055,743 21 3,082,843 21 3,055,743 –229,900 21 2,825,843 

PROCUREMENT OF AMMUNITION, AIR FORCE ROCKETS 

001 ROCKETS ............................................................................................. 18,734 18,734 18,734 18,734 

CARTRIDGES 

002 CARTRIDGES ....................................................................................... 220,237 220,237 220,237 220,237 

BOMBS 

003 PRACTICE BOMBS ............................................................................... 97,106 97,106 97,106 97,106 004 GENERAL PURPOSE BOMBS ............................................................... 581,561 581,561 581,561 581,561 005 MASSIVE ORDNANCE PENETRATOR (MOP) ......................................... 3,600 3,600 3,600 3,600 006 JOINT DIRECT ATTACK MUNITION ....................................................... 12,133 303,988 12,133 303,988 12,133 303,988 –6,000 12,133 297,988 

Pricing adjustment for increased quantity ............................... [–6,000 ] 

OTHER ITEMS 

007 CAD/PAD ............................................................................................. 38,890 38,890 38,890 38,890 

008 EXPLOSIVE ORDNANCE DISPOSAL (EOD) ............................................ 5,714 5,714 5,714 5,714 009 SPARES AND REPAIR PARTS .............................................................. 740 740 740 740 010 MODIFICATIONS ................................................................................... 573 573 573 573 011 ITEMS LESS THAN $5 MILLION ........................................................... 5,156 5,156 5,156 5,156 

FLARES 

012 FLARES ............................................................................................... 134,709 134,709 134,709 134,709 

FUZES 

013 FUZES ................................................................................................. 229,252 229,252 229,252 229,252 

SMALL ARMS 

014 SMALL ARMS ...................................................................................... 37,459 37,459 37,459 37,459

TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE .......... 12,133 1,677,719 12,133 1,677,719 12,133 1,677,719 –6,000 12,133 1,671,719 

OTHER PROCUREMENT, AIR FORCE 


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(In Thousands of Dollars) 

Line Item 

FY 2017 

Request 

House 

Authorized 

Senate 

Authorized 

Conference 

Change 

Conference 

Authorized 

Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost 

PASSENGER CARRYING VEHICLES 

001 PASSENGER CARRYING VEHICLES ...................................................... 14,437 14,437 14,437 14,437 

CARGO AND UTILITY VEHICLES 

002 MEDIUM TACTICAL VEHICLE ............................................................... 24,812 24,812 24,812 24,812 003 CAP VEHICLES .................................................................................... 984 984 984 984 004 ITEMS LESS THAN $5 MILLION ........................................................... 11,191 11,191 11,191 11,191 

SPECIAL PURPOSE VEHICLES 

005 SECURITY AND TACTICAL VEHICLES ................................................... 5,361 5,361 5,361 5,361 006 ITEMS LESS THAN $5 MILLION ........................................................... 4,623 4,623 4,623 4,623 

FIRE FIGHTING EQUIPMENT 

007 FIRE FIGHTING/CRASH RESCUE VEHICLES ......................................... 12,451 7,451 12,451 12,451 

Program reduction ..................................................................... [–5,000 ] 

MATERIALS HANDLING EQUIPMENT 

008 ITEMS LESS THAN $5 MILLION ........................................................... 18,114 18,114 18,114 18,114 

BASE MAINTENANCE SUPPORT 

009 RUNWAY SNOW REMOV & CLEANING EQUIP ...................................... 2,310 2,310 2,310 2,310 010 ITEMS LESS THAN $5 MILLION ........................................................... 46,868 46,868 46,868 46,868 

COMM SECURITY EQUIPMENT(COMSEC) 

012 COMSEC EQUIPMENT .......................................................................... 72,359 72,359 72,359 72,359 

INTELLIGENCE PROGRAMS 

014 INTELLIGENCE TRAINING EQUIPMENT ................................................. 6,982 6,982 6,982 6,982 015 INTELLIGENCE COMM EQUIPMENT ...................................................... 30,504 30,504 35,604 30,504 

Air Force requested realignment from AFNET ........................... [5,100 ] 

ELECTRONICS PROGRAMS 

016 AIR TRAFFIC CONTROL & LANDING SYS ............................................. 55,803 55,803 55,803 55,803 017 NATIONAL AIRSPACE SYSTEM ............................................................. 2,673 2,673 2,673 2,673 018 BATTLE CONTROL SYSTEM—FIXED .................................................... 5,677 5,677 5,677 5,677 019 THEATER AIR CONTROL SYS IMPROVEMENTS .................................... 1,163 1,163 1,163 1,163 020 WEATHER OBSERVATION FORECAST ................................................... 21,667 21,667 21,667 21,667 021 STRATEGIC COMMAND AND CONTROL ................................................ 39,803 39,803 39,803 39,803 022 CHEYENNE MOUNTAIN COMPLEX ........................................................ 24,618 24,618 24,618 24,618 023 MISSION PLANNING SYSTEMS ............................................................. 15,868 15,868 15,868 15,868 025 INTEGRATED STRAT PLAN & ANALY NETWORK (ISPAN) ..................... 9,331 9,331 9,331 9,331 


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SPCL COMM-ELECTRONICS PROJECTS 

026 GENERAL INFORMATION TECHNOLOGY ............................................... 41,779 41,779 41,779 41,779 027 AF GLOBAL COMMAND & CONTROL SYS ............................................ 15,729 15,729 15,729 15,729 028 MOBILITY COMMAND AND CONTROL .................................................. 9,814 9,814 9,814 9,814 029 AIR FORCE PHYSICAL SECURITY SYSTEM .......................................... 99,460 99,460 99,460 99,460 030 COMBAT TRAINING RANGES ............................................................... 34,850 34,850 34,850 34,850 031 MINIMUM ESSENTIAL EMERGENCY COMM N ...................................... 198,925 198,925 198,925 198,925 032 WIDE AREA SURVEILLANCE (WAS) ...................................................... 6,943 6,943 6,943 6,943 033 C3 COUNTERMEASURES ..................................................................... 19,580 19,580 19,580 19,580 034 GCSS-AF FOS ...................................................................................... 1,743 1,743 1,743 1,743 036 THEATER BATTLE MGT C2 SYSTEM .................................................... 9,659 9,659 9,659 9,659 037 AIR & SPACE OPERATIONS CTR-WPN SYS ......................................... 15,474 15,474 15,474 15,474 038 AIR OPERATIONS CENTER (AOC) 10.2 ................................................ 30,623 30,623 30,623 –15,300 15,323 

Fielding ...................................................................................... [–15,300 ] 

AIR FORCE COMMUNICATIONS 

039 INFORMATION TRANSPORT SYSTEMS .................................................. 40,043 40,043 40,043 40,043 040 AFNET ................................................................................................. 146,897 146,897 141,797 146,897 

Air Force requested realignment ............................................... [–5,100 ] 

041 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) ......................... 5,182 5,182 5,182 5,182 042 USCENTCOM ....................................................................................... 13,418 13,418 13,418 13,418

ORGANIZATION AND BASE 

052 TACTICAL C-E EQUIPMENT ................................................................. 109,836 109,836 109,836 109,836 053 RADIO EQUIPMENT .............................................................................. 16,266 16,266 16,266 16,266 054 CCTV/AUDIOVISUAL EQUIPMENT ......................................................... 7,449 7,449 7,449 7,449 055 BASE COMM INFRASTRUCTURE .......................................................... 109,215 109,215 109,215 109,215 

MODIFICATIONS 

056 COMM ELECT MODS ........................................................................... 65,700 65,700 65,700 65,700 

PERSONAL SAFETY & RESCUE EQUIP 

058 ITEMS LESS THAN $5 MILLION ........................................................... 54,416 54,416 54,416 54,416 

DEPOT PLANT+MTRLS HANDLING EQ 

059 MECHANIZED MATERIAL HANDLING EQUIP ......................................... 7,344 7,344 7,344 7,344 

BASE SUPPORT EQUIPMENT 

060 BASE PROCURED EQUIPMENT ............................................................ 6,852 11,852 6,852 6,852 

Program increase ...................................................................... [5,000 ] 

063 MOBILITY EQUIPMENT ......................................................................... 8,146 8,146 8,146 8,146 064 ITEMS LESS THAN $5 MILLION ........................................................... 28,427 28,427 28,427 28,427 

SPECIAL SUPPORT PROJECTS 

066 DARP RC135 ....................................................................................... 25,287 25,287 25,287 25,287 

067 DCGS-AF ............................................................................................. 169,201 169,201 169,201 169,201 069 SPECIAL UPDATE PROGRAM ............................................................... 576,710 576,710 576,710 576,710 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2017 

Request 

House 

Authorized 

Senate 

Authorized 

Conference 

Change 

Conference 

Authorized 

Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost 

CLASSIFIED PROGRAMS 

070A CLASSIFIED PROGRAMS ...................................................................... 15,119,705 15,119,705 15,119,705 15,119,705 

SPARES AND REPAIR PARTS 

072 SPARES AND REPAIR PARTS .............................................................. 15,784 15,784 15,784 15,784 

TOTAL OTHER PROCUREMENT, AIR FORCE .......................... 17,438,056 17,438,056 17,438,056 –15,300 17,422,756 

PROCUREMENT, DEFENSE-WIDE MAJOR EQUIPMENT, WHS 

037 MAJOR EQUIPMENT, OSD .................................................................... 39 29,211 39 29,211 39 6,111 39 29,211 

Mentor Prote ́ge ́ .......................................................................... [–23,100 ] 

MAJOR EQUIPMENT, NSA 

036 INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) ........................ 4,399 4,399 4,399 4,399 

MAJOR EQUIPMENT, WHS 

040 MAJOR EQUIPMENT, WHS ................................................................... 24,979 24,979 24,979 24,979 

MAJOR EQUIPMENT, DISA 

006 INFORMATION SYSTEMS SECURITY ..................................................... 21,347 21,347 21,347 21,347 007 TELEPORT PROGRAM .......................................................................... 50,597 50,597 50,597 50,597 008 ITEMS LESS THAN $5 MILLION ........................................................... 10,420 10,420 10,420 10,420 009 NET CENTRIC ENTERPRISE SERVICES (NCES) ................................... 1,634 1,634 1,634 1,634 010 DEFENSE INFORMATION SYSTEM NETWORK ....................................... 87,235 87,235 87,235 87,235 011 CYBER SECURITY INITIATIVE .............................................................. 4,528 4,528 4,528 4,528 012 WHITE HOUSE COMMUNICATION AGENCY .......................................... 36,846 36,846 36,846 36,846 013 SENIOR LEADERSHIP ENTERPRISE ..................................................... 599,391 599,391 599,391 599,391 015 JOINT REGIONAL SECURITY STACKS (JRSS) ....................................... 150,221 150,221 150,221 150,221 

MAJOR EQUIPMENT, DLA 

017 MAJOR EQUIPMENT ............................................................................. 2,055 2,055 2,055 2,055 

MAJOR EQUIPMENT, DSS 

020 MAJOR EQUIPMENT ............................................................................. 1,057 1,057 1,057 1,057 

MAJOR EQUIPMENT, DCAA 

001 ITEMS LESS THAN $5 MILLION ........................................................... 2,964 2,964 2,964 2,964 

MAJOR EQUIPMENT, TJS 

038 MAJOR EQUIPMENT, TJS ..................................................................... 7,988 7,988 7,988 7,988 

MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY 


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023 THAAD ................................................................................................. 24 369,608 24 369,608 24 369,608 24 369,608 024 AEGIS BMD ......................................................................................... 35 463,801 35 528,801 35 463,801 65,000 35 528,801 

Increasing BMD capability for Aegis Ships .............................. [65,000 ] [65,000 ] 

025 BMDS AN/TPY–2 RADARS ................................................................... 5,503 5,503 5,503 5,503 026 ARROW UPPER TIER ........................................................................... 120,000 120,000 120,000 

Increase for Arrow 3 Coproduction subject to Title XVI ........... [120,000 ] [120,000 ] 

027 DAVID’S SLING .................................................................................... 150,000 150,000 150,000 

Increase for DSWS Coproduction subject to Title XVI .............. [150,000 ] [150,000 ] 

028 AEGIS ASHORE PHASE III ................................................................... 57,493 82,493 57,493 57,493 

Classified adjustment ............................................................... [25,000 ] 

029 IRON DOME ......................................................................................... 42,000 62,000 42,000 20,000 62,000 

Increase for Coproduction of Iron Dome Tamir Interceptors 

subject to Title XVI.

[20,000 ] [20,000 ] 

030 AEGIS BMD HARDWARE AND SOFTWARE ............................................ 6 50,098 6 50,098 6 50,098 6 50,098 

MAJOR EQUIPMENT, DHRA 

003 PERSONNEL ADMINISTRATION ............................................................ 14,232 14,232 14,232 14,232 

MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION AGENCY 

021 VEHICLES ............................................................................................ 200 200 200 200 022 OTHER MAJOR EQUIPMENT ................................................................. 6,437 6,437 6,437 6,437 

MAJOR EQUIPMENT, DODEA 

019 AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS .......................... 288 288 288 288 

MAJOR EQUIPMENT, DCMA 

002 MAJOR EQUIPMENT ............................................................................. 92 92 92 92 

MAJOR EQUIPMENT, DMACT 

018 MAJOR EQUIPMENT ............................................................................. 4 8,060 4 8,060 4 8,060 4 8,060

CLASSIFIED PROGRAMS 

040A CLASSIFIED PROGRAMS ...................................................................... 568,864 568,864 568,864 568,864 

AVIATION PROGRAMS 

042 ROTARY WING UPGRADES AND SUSTAINMENT ................................... 150,396 168,996 168,996 150,396 

Program increase ...................................................................... [18,600 ] [18,600 ] 

043 UNMANNED ISR .................................................................................. 21,190 21,190 21,190 21,190 045 NON-STANDARD AVIATION .................................................................. 4,905 4,905 4,905 4,905 046 U–28 ................................................................................................... 3,970 3,970 3,970 3,970 

047 MH–47 CHINOOK ................................................................................ 25,022 25,022 25,022 25,022 049 CV–22 MODIFICATION ......................................................................... 19,008 19,008 19,008 19,008 051 MQ–9 UNMANNED AERIAL VEHICLE ................................................... 10,598 10,598 25,398 10,598 

MQ–9 capability enhancements ............................................... [14,800 ] 

053 PRECISION STRIKE PACKAGE .............................................................. 213,122 213,122 200,022 –13,050 200,072 

SOCOM requested transfer ........................................................ [–13,100 ] [–13,050 ] 

054 AC/MC–130J ....................................................................................... 73,548 85,648 86,648 13,050 86,598 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2017 

Request 

House 

Authorized 

Senate 

Authorized 

Conference 

Change 

Conference 

Authorized 

Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost 

SOCOM requested transfer ........................................................ [12,100 ] [13,100 ] [13,050 ] 

055 C–130 MODIFICATIONS ....................................................................... 32,970 32,970 32,970 32,970 

SHIPBUILDING 

056 UNDERWATER SYSTEMS ..................................................................... 37,098 37,098 37,098 37,098 

AMMUNITION PROGRAMS 

057 ORDNANCE ITEMS <$5M .................................................................... 105,267 105,267 105,267 105,267 

OTHER PROCUREMENT PROGRAMS 

058 INTELLIGENCE SYSTEMS ..................................................................... 79,963 79,963 79,963 79,963 059 DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ........................ 13,432 13,432 13,432 13,432 060 OTHER ITEMS <$5M ........................................................................... 66,436 66,436 66,436 66,436 061 COMBATANT CRAFT SYSTEMS ............................................................ 55,820 55,820 55,820 55,820 062 SPECIAL PROGRAMS ........................................................................... 107,432 107,432 107,432 107,432 063 TACTICAL VEHICLES ............................................................................ 67,849 67,849 67,849 67,849 064 WARRIOR SYSTEMS <$5M ................................................................. 245,781 245,781 245,781 245,781 065 COMBAT MISSION REQUIREMENTS ..................................................... 19,566 19,566 19,566 19,566 066 GLOBAL VIDEO SURVEILLANCE ACTIVITIES ......................................... 3,437 3,437 3,437 3,437 067 OPERATIONAL ENHANCEMENTS INTELLIGENCE ................................... 17,299 17,299 17,299 17,299 069 OPERATIONAL ENHANCEMENTS .......................................................... 219,945 219,945 219,945 219,945 

CBDP 

070 CHEMICAL BIOLOGICAL SITUATIONAL AWARENESS ............................ 148,203 148,203 148,203 148,203 071 CB PROTECTION & HAZARD MITIGATION ............................................ 161,113 161,113 161,113 161,113 

TOTAL PROCUREMENT, DEFENSE-WIDE ............................... 108 4,524,918 108 4,935,618 108 4,535,218 355,000 108 4,879,918 

JOINT URGENT OPERATIONAL NEEDS FUND JOINT URGENT OPERATIONAL NEEDS FUND 

001 JOINT URGENT OPERATIONAL NEEDS FUND ....................................... 99,300 99,300 –99,300 

Program decrease ..................................................................... [–99,300 ] [–99,300 ] 

TOTAL JOINT URGENT OPERATIONAL NEEDS FUND .............. 99,300 99,300 –99,300 

NATIONAL GUARD AND RESERVE EQUIPMENT UNDISTRIBUTED 

007 MISCELLANEOUS EQUIPMENT ............................................................. 250,000 250,000 250,000 

Program increase ...................................................................... [250,000 ] [250,000 ] 


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TOTAL NATIONAL GUARD AND RESERVE EQUIPMENT .......... 250,000 250,000 250,000 

TOTAL PROCUREMENT .......................................................... 27,441 101,971,592 27,491 103,124,709 27,547 102,434,976 50 451,068 27,491 102,422,660 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS. 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item 

FY 2017 

Request 

House 

Authorized 

Senate 

Authorized 

Conference 

Change 

Conference 

Authorized 

Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost 

AIRCRAFT PROCUREMENT, ARMY MODIFICATION OF AIRCRAFT 

015 MULTI SENSOR ABN RECON (MIP) ..................................................... 21,400 21,400 21,400 21,400 020 EMARSS SEMA MODS (MIP) ............................................................... 2 42,700 2 42,700 2 42,700 2 42,700 026 RQ–7 UAV MODS ................................................................................ 1,775 1,775 1,775 1,775 027 UAS MODS .......................................................................................... 4,420 4,420 4,420 

Realign APS Unit Set Requirements to Base ........................... [–4,420 ] 

GROUND SUPPORT AVIONICS 

030 CMWS ................................................................................................. 56,115 56,115 56,115 56,115 

031 CIRCM ................................................................................................. 108,721 108,721 108,721 108,721 

TOTAL AIRCRAFT PROCUREMENT, ARMY .............................. 2 235,131 2 230,711 2 235,131 2 235,131 

MISSILE PROCUREMENT, ARMY AIR-TO-SURFACE MISSILE SYSTEM 

004 HELLFIRE SYS SUMMARY ................................................................... 2,570 305,830 2,570 305,830 2,570 305,830 2,570 305,830 

ANTI-TANK/ASSAULT MISSILE SYS 

007 JAVELIN (AAWS-M) SYSTEM SUMMARY .............................................. 83 15,567 83 83 15,567 83 15,567 

Realign APS Unit Set Requirements to Base ........................... [–15,567 ] 

008 TOW 2 SYSTEM SUMMARY ................................................................. 815 80,652 815 815 80,652 815 80,652 

Realign APS Unit Set Requirements to Base ........................... [–80,652 ] 

010 GUIDED MLRS ROCKET (GMLRS) ........................................................ 698 75,991 698 698 75,991 698 75,991 

Realign APS Unit Set Requirements to Base ........................... [–75,991 ] 

012 LETHAL MINIATURE AERIAL MISSILE SYSTEM (LMAMS ...................... 545 51,277 545 51,277 545 51,277 545 51,277 

TOTAL MISSILE PROCUREMENT, ARMY ................................ 4,711 529,317 4,711 357,107 4,711 529,317 4,711 529,317 

PROCUREMENT OF W&TCV, ARMY MODIFICATION OF TRACKED COMBAT VEHICLES 


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SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item 

FY 2017 

Request 

House 

Authorized 

Senate 

Authorized 

Conference 

Change 

Conference 

Authorized 

Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost 

007 PALADIN INTEGRATED MANAGEMENT (PIM) ........................................ 12 125,184 12 12 125,184 12 125,184 

Realign APS Unit Set Requirements to Base ........................... [–125,184 ] 

009 ASSAULT BRIDGE (MOD) ..................................................................... 5,950 5,950 5,950 

Realign APS Unit Set Requirements to Base ........................... [–5,950 ] 

014 ABRAMS UPGRADE PROGRAM ............................................................ 72,000 72,000 

Army requested realignment (ERI) ............................................ [172,200 ] [172,000 ] Realign APS Unit Set Requirements to Base ........................... [–172,200 ] [–100,000 ] 

WEAPONS & OTHER COMBAT VEHICLES 

017 MORTAR SYSTEMS .............................................................................. 22,410 22,410 22,410 22,410 

SUPPORT EQUIPMENT & FACILITIES 

036 BRADLEY PROGRAM ........................................................................... 72,800 72,800 

Army requested realignment (ERI) ............................................ [72,800 ] [72,800 ] Realign APS Unit Set Requirements to Base ........................... [–72,800 ] 

TOTAL PROCUREMENT OF W&TCV, ARMY ............................ 12 153,544 12 22,410 12 153,544 144,800 12 298,344 

PROCUREMENT OF AMMUNITION, ARMY SMALL/MEDIUM CAL AMMUNITION 

002 CTG, 7.62MM, ALL TYPES ................................................................... 9,642 9,642 9,642 

Realign APS Unit Set Requirements to Base ........................... [–9,642 ] 

004 CTG, .50 CAL, ALL TYPES ................................................................... 6,607 609 6,607 6,607 

Realign APS Unit Set Requirements to Base ........................... [–5,998 ] 

005 CTG, 20MM, ALL TYPES ...................................................................... 1,077 1,077 1,077 

Realign APS Unit Set Requirements to Base ........................... [–1,077 ] 

006 CTG, 25MM, ALL TYPES ...................................................................... 28,534 28,534 28,534 

Realign APS Unit Set Requirements to Base ........................... [–28,534 ] 

007 CTG, 30MM, ALL TYPES ...................................................................... 20,000 20,000 20,000 20,000 008 CTG, 40MM, ALL TYPES ...................................................................... 7,423 7,423 7,423 

Realign APS Unit Set Requirements to Base ........................... [–7,423 ] 

MORTAR AMMUNITION 

009 60MM MORTAR, ALL TYPES ................................................................ 10,000 10,000 10,000 10,000 010 81MM MORTAR, ALL TYPES ................................................................ 2,677 2,677 2,677 

Realign APS Unit Set Requirements to Base ........................... [–2,677 ] 

TANK AMMUNITION 


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012 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES ...................... 8,999 8,999 8,999 

Realign APS Unit Set Requirements to Base ........................... [–8,999 ] 

ARTILLERY AMMUNITION 

014 ARTILLERY PROJECTILE, 155MM, ALL TYPES ..................................... 30,348 10,000 30,348 30,348 

Realign APS Unit Set Requirements to Base ........................... [–20,348 ] 

015 PROJ 155MM EXTENDED RANGE M982 .............................................. 140 140 140 

Realign APS Unit Set Requirements to Base ........................... [–140 ] 

016 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ....................... 29,655 5,000 29,655 29,655 

Realign APS Unit Set Requirements to Base ........................... [–24,655 ] 

MINES 

017 MINES & CLEARING CHARGES, ALL TYPES ........................................ 16,866 16,866 16,866 

Realign APS Unit Set Requirements to Base ........................... [–16,866 ] 

NETWORKED MUNITIONS 

018 SPIDER NETWORK MUNITIONS, ALL TYPES ......................................... 10,353 10,353 

Early to need ............................................................................. [–10,353 ] Realign APS Unit Set Requirements to Base ........................... [–10,353 ] 

ROCKETS 

019 SHOULDER LAUNCHED MUNITIONS, ALL TYPES ................................. 63,210 63,210 63,210 

Realign APS Unit Set Requirements to Base ........................... [–63,210 ] 

020 ROCKET, HYDRA 70, ALL TYPES ......................................................... 42,851 42,851 42,851 42,851 

OTHER AMMUNITION 

022 DEMOLITION MUNITIONS, ALL TYPES .................................................. 6,373 6,373 6,373 

Realign APS Unit Set Requirements to Base ........................... [–6,373 ] 

023 GRENADES, ALL TYPES ....................................................................... 4,143 4,143 4,143 

Realign APS Unit Set Requirements to Base ........................... [–4,143 ] 

024 SIGNALS, ALL TYPES ........................................................................... 1,852 1,852 1,852 

Realign APS Unit Set Requirements to Base ........................... [–1,852 ] 

MISCELLANEOUS 

027 NON-LETHAL AMMUNITION, ALL TYPES .............................................. 773 773 773 

Realign APS Unit Set Requirements to Base ........................... [–773 ] 

TOTAL PROCUREMENT OF AMMUNITION, ARMY ................... 301,523 88,460 291,170 301,523 

OTHER PROCUREMENT, ARMY TACTICAL VEHICLES 

002 SEMITRAILERS, FLATBED: ................................................................... 4,180 4,180 4,180 

Realign APS Unit Set Requirements to Base ........................... [–4,180 ] 

008 FAMILY OF MEDIUM TACTICAL VEH (FMTV) ........................................ 643 147,476 643 643 147,476 643 147,476 

Realign APS Unit Set Requirements to Base ........................... [–147,476 ] 

010 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) .................................. 51 6,122 51 51 6,122 51 6,122 

Realign APS Unit Set Requirements to Base ........................... [–6,122 ] 


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SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item 

FY 2017 

Request 

House 

Authorized 

Senate 

Authorized 

Conference 

Change 

Conference 

Authorized 

Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost 

011 PLS ESP .............................................................................................. 106,358 106,358 106,358 

Realign APS Unit Set Requirements to Base ........................... [–106,358 ] 

012 HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV ........................ 203,766 127,205 203,766 203,766 

Realign APS Unit Set Requirements to Base ........................... [–76,561 ] 

013 TACTICAL WHEELED VEHICLE PROTECTION KITS ................................ 101,154 74,035 101,154 101,154 

Realign APS Unit Set Requirements to Base ........................... [–27,119 ] 

014 MODIFICATION OF IN SVC EQUIP ........................................................ 155,456 152,000 155,456 155,456 

Realign APS Unit Set Requirements to Base ........................... [–3,456 ] 

COMM—JOINT COMMUNICATIONS 

019 WIN-T—GROUND FORCES TACTICAL NETWORK ................................. 9,572 3,000 9,572 9,572 

Realign APS Unit Set Requirements to Base ........................... [–6,572 ] 

COMM—SATELLITE COMMUNICATIONS 

025 SHF TERM ........................................................................................... 24,000 24,000 24,000 

Realign APS Unit Set Requirements to Base ........................... [–24,000 ] 

COMM—INTELLIGENCE COMM 

047 CI AUTOMATION ARCHITECTURE ......................................................... 1,550 1,550 1,550 1,550 

INFORMATION SECURITY 

051 COMMUNICATIONS SECURITY (COMSEC) ............................................ 1,928 1,928 1,928 

Realign APS Unit Set Requirements to Base ........................... [–1,928 ] 

052 DEFENSIVE CYBER OPERATIONS ........................................................ 26,500 26,500 26,500 26,500 

COMM—BASE COMMUNICATIONS 

056 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM ..................... 20,510 20,510 20,510 20,510 

ELECT EQUIP—TACT INT REL ACT (TIARA) 

062 DCGS-A (MIP) ..................................................................................... 33,032 33,032 33,032 33,032 

064 TROJAN (MIP) ...................................................................................... 3,305 3,145 3,305 3,305 

Realign APS Unit Set Requirements to Base ........................... [–160 ] 

066 CI HUMINT AUTO REPRTING AND COLL(CHARCS) .............................. 7,233 7,233 7,233 7,233 069 BIOMETRIC TACTICAL COLLECTION DEVICES (MIP) ............................ 5,670 5,670 5,670 5,670 

ELECT EQUIP—ELECTRONIC WARFARE (EW) 

070 LIGHTWEIGHT COUNTER MORTAR RADAR ........................................... 25,892 25,892 25,892 

Realign APS Unit Set Requirements to Base ........................... [–25,892 ] 

074 FAMILY OF PERSISTENT SURVEILLANCE CAPABILITIE ........................ 11,610 11,610 11,610 11,610 075 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES ................... 23,890 23,890 23,890 23,890 


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ELECT EQUIP—TACTICAL SURV. (TAC SURV) 

080 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS ............................ 76,270 72,000 76,270 76,270 

Realign APS Unit Set Requirements to Base ........................... [–4,270 ] 

089 MORTAR FIRE CONTROL SYSTEM ....................................................... 2,572 2,282 2,572 2,572 

Realign APS Unit Set Requirements to Base ........................... [–290 ] 

ELECT EQUIP—TACTICAL C2 SYSTEMS 

092 AIR & MSL DEFENSE PLANNING & CONTROL SYS ............................. 31 69,958 31 31 69,958 31 69,958 

Realign APS Unit Set Requirements to Base ........................... [–69,958 ] 

ELECT EQUIP—AUTOMATION 

102 AUTOMATED DATA PROCESSING EQUIP .............................................. 9,900 9,900 9,900 9,900 

ELECT EQUIP—AUDIO VISUAL SYS (A/V) 

108 ITEMS LESS THAN $5M (SURVEYING EQUIPMENT) ............................. 96 96 96 

Realign APS Unit Set Requirements to Base ........................... [–96 ] 

CHEMICAL DEFENSIVE EQUIPMENT 

114 CBRN DEFENSE .................................................................................. 1,841 1,841 1,841 

Realign APS Unit Set Requirements to Base ........................... [–1,841 ] 

BRIDGING EQUIPMENT 

115 TACTICAL BRIDGING ........................................................................... 26,000 26,000 26,000 

Realign APS Unit Set Requirements to Base ........................... [–26,000 ] 

ENGINEER (NON-CONSTRUCTION) EQUIPMENT 

124 ROBOTICS AND APPLIQUE SYSTEMS .................................................. 268 268 268 

Realign APS Unit Set Requirements to Base ........................... [–268 ] 

128 FAMILY OF BOATS AND MOTORS ........................................................ 280 280 280 

Realign APS Unit Set Requirements to Base ........................... [–280 ] 

COMBAT SERVICE SUPPORT EQUIPMENT 

129 HEATERS AND ECU’S .......................................................................... 894 894 894 

Realign APS Unit Set Requirements to Base ........................... [–894 ] 

134 FORCE PROVIDER ............................................................................... 53,800 53,800 53,800 53,800 135 FIELD FEEDING EQUIPMENT ................................................................ 2,665 2,665 2,665 

Realign APS Unit Set Requirements to Base ........................... [–2,665 ] 

136 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM .................. 2,400 2,400 2,400 2,400 137 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS ...................... 9,789 9,789 9,789 

Realign APS Unit Set Requirements to Base ........................... [–9,789 ] 

138 ITEMS LESS THAN $5M (ENG SPT) ..................................................... 300 300 300 

Realign APS Unit Set Requirements to Base ........................... [–300 ] 

PETROLEUM EQUIPMENT 

139 QUALITY SURVEILLANCE EQUIPMENT ................................................. 4,800 4,800 4,800 

Realign APS Unit Set Requirements to Base ........................... [–4,800 ] 

140 DISTRIBUTION SYSTEMS, PETROLEUM & WATER ............................... 174 78,240 174 57,420 174 78,240 174 78,240 

Realign APS Unit Set Requirements to Base ........................... [–20,820 ] 


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SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item 

FY 2017 

Request 

House 

Authorized 

Senate 

Authorized 

Conference 

Change 

Conference 

Authorized 

Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost 

MEDICAL EQUIPMENT 

141 COMBAT SUPPORT MEDICAL .............................................................. 5,763 5,763 5,763 

Realign APS Unit Set Requirements to Base ........................... [–5,763 ] 

MAINTENANCE EQUIPMENT 

142 MOBILE MAINTENANCE EQUIPMENT SYSTEMS ................................... 1,609 1,609 1,609 

Realign APS Unit Set Requirements to Base ........................... [–1,609 ] 

143 ITEMS LESS THAN $5.0M (MAINT EQ) ................................................ 145 145 145 

Realign APS Unit Set Requirements to Base ........................... [–145 ] 

CONSTRUCTION EQUIPMENT 

144 GRADER, ROAD MTZD, HVY, 6X4 (CCE) ............................................. 3,047 3,047 3,047 

Realign APS Unit Set Requirements to Base ........................... [–3,047 ] 

148 TRACTOR, FULL TRACKED ................................................................... 4,426 4,426 4,426 

Realign APS Unit Set Requirements to Base ........................... [–4,426 ] 

151 HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) ................................. 2,900 2,900 2,900 

Realign APS Unit Set Requirements to Base ........................... [–2,900 ] 

155 ITEMS LESS THAN $5.0M (CONST EQUIP) .......................................... 96 96 96 

Realign APS Unit Set Requirements to Base ........................... [–96 ] 

GENERATORS 

158 GENERATORS AND ASSOCIATED EQUIP .............................................. 21,861 1,900 21,861 21,861 

Realign APS Unit Set Requirements to Base ........................... [–19,961 ] 

MATERIAL HANDLING EQUIPMENT 

160 FAMILY OF FORKLIFTS ........................................................................ 846 846 846 

Realign APS Unit Set Requirements to Base ........................... [–846 ] 

TEST MEASURE AND DIG EQUIPMENT (TMD) 

168 TEST EQUIPMENT MODERNIZATION (TEMOD) ..................................... 1,140 1,140 1,140 

Realign APS Unit Set Requirements to Base ........................... [–1,140 ] 

OTHER SUPPORT EQUIPMENT 

170 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ............................ 8,500 8,500 8,500 8,500 

TOTAL OTHER PROCUREMENT, ARMY ................................... 899 1,309,610 899 697,582 899 1,309,610 899 1,309,610 

JOINT IMPROVISED-THREAT DEFEAT FUND NETWORK ATTACK 

001 RAPID ACQUISITION AND THREAT RESPONSE .................................... 332,000 307,000 332,000 332,000 


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Program decrease ..................................................................... [–25,000 ] 

STAFF AND INFRASTRUCTURE 

002 MISSION ENABLERS ............................................................................ 62,800 62,800 62,800 62,800 

TOTAL JOINT IMPROVISED-THREAT DEFEAT FUND ............... 394,800 369,800 394,800 394,800 

AIRCRAFT PROCUREMENT, NAVY COMBAT AIRCRAFT 

002 F/A–18E/F (FIGHTER) HORNET ........................................................... 2 184,912 2 184,912 2 184,912 2 184,912 

OTHER AIRCRAFT 

026 STUASL0 UAV ...................................................................................... 4 70,000 4 70,000 4 70,000 4 70,000 

MODIFICATION OF AIRCRAFT 

037 EP–3 SERIES ...................................................................................... 7,505 7,505 7,505 7,505 047 SPECIAL PROJECT AIRCRAFT .............................................................. 14,869 14,869 14,869 14,869 051 COMMON ECM EQUIPMENT ................................................................ 70,780 70,780 70,780 70,780 059 V–22 (TILT/ROTOR ACFT) OSPREY ..................................................... 8,740 8,740 8,740 8,740 

AIRCRAFT SPARES AND REPAIR PARTS 

063 SPARES AND REPAIR PARTS .............................................................. 1,500 1,500 1,500 1,500 

AIRCRAFT SUPPORT EQUIP & FACILITIES 

065 AIRCRAFT INDUSTRIAL FACILITIES ...................................................... 524 524 524 524 

TOTAL AIRCRAFT PROCUREMENT, NAVY .............................. 6 358,830 6 358,830 6 358,830 6 358,830 

WEAPONS PROCUREMENT, NAVY TACTICAL MISSILES 

010 HELLFIRE ............................................................................................ 100 8,600 100 8,600 100 8,600 100 8,600 

TOTAL WEAPONS PROCUREMENT, NAVY .............................. 100 8,600 100 8,600 100 8,600 100 8,600 

PROCUREMENT OF AMMO, NAVY & MC NAVY AMMUNITION 

001 GENERAL PURPOSE BOMBS ............................................................... 40,366 40,366 40,366 40,366 002 AIRBORNE ROCKETS, ALL TYPES ........................................................ 8,860 8,860 8,860 8,860 006 AIR EXPENDABLE COUNTERMEASURES .............................................. 7,060 7,060 7,060 7,060 013 PYROTECHNIC AND DEMOLITION ........................................................ 1,122 1,122 1,122 1,122 014 AMMUNITION LESS THAN $5 MILLION ................................................ 3,495 3,495 3,495 3,495 

MARINE CORPS AMMUNITION 

015 SMALL ARMS AMMUNITION ................................................................. 1,205 1,205 1,205 1,205 017 40 MM, ALL TYPES ............................................................................. 539 539 539 539 018 60MM, ALL TYPES .............................................................................. 909 909 909 909 020 120MM, ALL TYPES ............................................................................ 530 530 530 530 022 ROCKETS, ALL TYPES ......................................................................... 469 469 469 469 023 ARTILLERY, ALL TYPES ....................................................................... 1,196 1,196 1,196 1,196 


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SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item 

FY 2017 

Request 

House 

Authorized 

Senate 

Authorized 

Conference 

Change 

Conference 

Authorized 

Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost 

024 DEMOLITION MUNITIONS, ALL TYPES .................................................. 261 261 261 261 025 FUZE, ALL TYPES ................................................................................ 217 217 217 217 

TOTAL PROCUREMENT OF AMMO, NAVY & MC .................... 66,229 66,229 66,229 66,229 

OTHER PROCUREMENT, NAVY OTHER SHORE ELECTRONIC EQUIPMENT 

081 DCGS-N ............................................................................................... 12,000 12,000 12,000 12,000 

OTHER ORDNANCE SUPPORT EQUIPMENT 

116 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ........................................... 40,000 40,000 40,000 40,000 

CIVIL ENGINEERING SUPPORT EQUIPMENT 

124 FIRE FIGHTING EQUIPMENT ................................................................ 630 630 630 630 

SUPPLY SUPPORT EQUIPMENT 

133 FIRST DESTINATION TRANSPORTATION ............................................... 25 25 25 25 

COMMAND SUPPORT EQUIPMENT 

137 COMMAND SUPPORT EQUIPMENT ....................................................... 10,562 10,562 10,562 10,562 139 MEDICAL SUPPORT EQUIPMENT ......................................................... 5,000 5,000 5,000 5,000 

CLASSIFIED PROGRAMS 

150A CLASSIFIED PROGRAMS ...................................................................... 1,660 1,660 1,660 1,660 

TOTAL OTHER PROCUREMENT, NAVY .................................... 69,877 69,877 69,877 69,877 

PROCUREMENT, MARINE CORPS ARTILLERY AND OTHER WEAPONS 

006 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION .................... 572 572 572 572 

GUIDED MISSILES 

010 JAVELIN ............................................................................................... 9 1,606 9 1,606 9 1,606 9 1,606 

OTHER SUPPORT (TEL) 

018 MODIFICATION KITS ............................................................................ 2,600 2,600 2,600 2,600 

COMMAND AND CONTROL SYSTEM (NON-TEL) 

019 ITEMS UNDER $5 MILLION (COMM & ELEC) ...................................... 2,200 2,200 2,200 2,200 

INTELL/COMM EQUIPMENT (NON-TEL) 

026 INTELLIGENCE SUPPORT EQUIPMENT ................................................. 20,981 20,981 20,981 20,981 029 RQ–11 UAV ......................................................................................... 3,817 3,817 3,817 3,817 

OTHER SUPPORT (NON-TEL) 


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035 COMMON COMPUTER RESOURCES ..................................................... 2,600 2,600 2,600 2,600 037 RADIO SYSTEMS ................................................................................. 9,563 9,563 9,563 9,563 

ENGINEER AND OTHER EQUIPMENT 

053 EOD SYSTEMS ..................................................................................... 75,000 75,000 75,000 75,000

TOTAL PROCUREMENT, MARINE CORPS ............................... 9 118,939 9 118,939 9 118,939 9 118,939 

AIRCRAFT PROCUREMENT, AIR FORCE OTHER AIRLIFT 

004 C–130J ............................................................................................... 1 73,000 1 73,000 1 73,000 1 73,000 

OTHER AIRCRAFT 

015 MQ–9 .................................................................................................. 12 273,600 12 273,600 12 273,600 –87,000 12 186,600 

Air Force requested transfer to line 61 for spares .................. [–87,000 ] 

STRATEGIC AIRCRAFT 

019 LARGE AIRCRAFT INFRARED COUNTERMEASURES ............................. 135,801 135,801 135,801 135,801 

TACTICAL AIRCRAFT 

020 A–10 ................................................................................................... 23,850 23,850 23,850 23,850 

OTHER AIRCRAFT 

047 E–3 ..................................................................................................... 6,600 6,600 6,600 6,600 

056 HC/MC–130 MODIFICATIONS .............................................................. 13,550 13,550 13,550 13,550 057 OTHER AIRCRAFT ................................................................................ 7,500 7,500 7,500 7,500 059 MQ–9 MODS ....................................................................................... 112,068 112,068 112,068 112,068 

AIRCRAFT SPARES AND REPAIR PARTS 

061 INITIAL SPARES/REPAIR PARTS .......................................................... 25,600 25,600 61,400 87,000 

Air Force requested transfer from line 15 for spares .............. [87,000 ] Compass Call Program Restructure ......................................... [–25,600 ] [–25,600 ] 

OTHER PRODUCTION CHARGES 

077 OTHER PRODUCTION CHARGES .......................................................... 8,400 8,400 8,400 8,400 

TOTAL AIRCRAFT PROCUREMENT, AIR FORCE ..................... 13 679,969 13 654,369 13 679,969 –25,600 13 654,369 

MISSILE PROCUREMENT, AIR FORCE TACTICAL 

006 PREDATOR HELLFIRE MISSILE ............................................................ 1,252 145,125 1,252 145,125 1,252 145,125 1,252 145,125 

CLASS IV 

011 AGM–65D MAVERICK .......................................................................... 9,720 9,720 9,720 9,720 

TOTAL MISSILE PROCUREMENT, AIR FORCE ........................ 1,252 154,845 1,252 154,845 1,252 154,845 1,252 154,845 

PROCUREMENT OF AMMUNITION, AIR FORCE CARTRIDGES 

002 CARTRIDGES ....................................................................................... 9,830 9,830 9,830 9,830 

BOMBS 


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SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item 

FY 2017 

Request 

House 

Authorized 

Senate 

Authorized 

Conference 

Change 

Conference 

Authorized 

Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost 

004 GENERAL PURPOSE BOMBS ............................................................... 7,921 7,921 7,921 7,921 006 JOINT DIRECT ATTACK MUNITION ....................................................... 6,033 140,126 6,033 140,126 6,033 140,126 –9,250 6,033 130,876 

Pricing adjustment .................................................................... [–9,250 ] 

FLARES 

012 FLARES ............................................................................................... 6,531 6,531 6,531 6,531 

TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE .......... 6,033 164,408 6,033 164,408 6,033 164,408 –9,250 6,033 155,158 

OTHER PROCUREMENT, AIR FORCE PASSENGER CARRYING VEHICLES 

001 PASSENGER CARRYING VEHICLES ...................................................... 2,003 2,003 2,003 2,003 

CARGO AND UTILITY VEHICLES 

002 MEDIUM TACTICAL VEHICLE ............................................................... 9,066 9,066 9,066 9,066 004 ITEMS LESS THAN $5 MILLION ........................................................... 12,264 12,264 12,264 12,264 

SPECIAL PURPOSE VEHICLES 

006 ITEMS LESS THAN $5 MILLION ........................................................... 16,789 16,789 16,789 16,789 

FIRE FIGHTING EQUIPMENT 

007 FIRE FIGHTING/CRASH RESCUE VEHICLES ......................................... 48,590 48,590 48,590 48,590 

MATERIALS HANDLING EQUIPMENT 

008 ITEMS LESS THAN $5 MILLION ........................................................... 2,366 2,366 2,366 2,366 

BASE MAINTENANCE SUPPORT 

009 RUNWAY SNOW REMOV & CLEANING EQUIP ...................................... 6,468 6,468 6,468 6,468 010 ITEMS LESS THAN $5 MILLION ........................................................... 9,271 9,271 9,271 9,271 

ELECTRONICS PROGRAMS 

016 AIR TRAFFIC CONTROL & LANDING SYS ............................................. 42,650 42,650 42,650 42,650 

SPCL COMM-ELECTRONICS PROJECTS 

029 AIR FORCE PHYSICAL SECURITY SYSTEM .......................................... 7,500 7,500 7,500 7,500 033 C3 COUNTERMEASURES ..................................................................... 620 620 620 620 

ORGANIZATION AND BASE 

052 TACTICAL C-E EQUIPMENT ................................................................. 8,100 8,100 8,100 8,100 

MODIFICATIONS 

056 COMM ELECT MODS ........................................................................... 3,800 3,800 3,800 3,800 

BASE SUPPORT EQUIPMENT 

061 ENGINEERING AND EOD EQUIPMENT .................................................. 53,900 53,900 53,900 53,900 


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SPECIAL SUPPORT PROJECTS 

067 DCGS-AF ............................................................................................. 800 800 800 800 

CLASSIFIED PROGRAMS 

070A CLASSIFIED PROGRAMS ...................................................................... 3,609,978 3,609,978 3,609,978 3,609,978 

TOTAL OTHER PROCUREMENT, AIR FORCE .......................... 3,834,165 3,834,165 3,834,165 3,834,165 

PROCUREMENT, DEFENSE-WIDE MAJOR EQUIPMENT, DISA 

007 TELEPORT PROGRAM .......................................................................... 1,900 1,900 1,900 1,900 

CLASSIFIED PROGRAMS 

040A CLASSIFIED PROGRAMS ...................................................................... 32,482 32,482 32,482 32,482 

AVIATION PROGRAMS 

041 MC–12 ................................................................................................ 5,000 5,000 5,000 5,000 

043 UNMANNED ISR .................................................................................. 11,880 11,880 11,880 11,880 046 U–28 ................................................................................................... 38,283 38,283 38,283 38,283 

AMMUNITION PROGRAMS 

057 ORDNANCE ITEMS <$5M .................................................................... 52,504 52,504 52,504 52,504 

OTHER PROCUREMENT PROGRAMS 

058 INTELLIGENCE SYSTEMS ..................................................................... 22,000 22,000 22,000 22,000 060 OTHER ITEMS <$5M ........................................................................... 11,580 11,580 11,580 11,580 062 SPECIAL PROGRAMS ........................................................................... 13,549 13,549 13,549 13,549 063 TACTICAL VEHICLES ............................................................................ 3,200 3,200 3,200 3,200 069 OPERATIONAL ENHANCEMENTS .......................................................... 42,056 42,056 42,056 –19,250 22,806 

Classified adjustment ............................................................... [–19,250 ] 

TOTAL PROCUREMENT, DEFENSE-WIDE ............................... 234,434 234,434 234,434 –19,250 215,184 TOTAL PROCUREMENT .......................................................... 13,037 8,614,221 13,037 7,430,766 13,037 8,603,868 90,700 13,037 8,704,921 

SEC. 4103. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS. 

SEC. 4103. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS 

(In Thousands of Dollars) 

Line Item 

FY 2017 

Request 

House 

Authorized 

Senate 

Authorized 

Conference 

Change 

Conference 

Authorized 

Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost 

AIRCRAFT PROCUREMENT, ARMY FIXED WING 

003 MQ–1 UAV .......................................................................................... 95,100 


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SEC. 4103. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS 

(In Thousands of Dollars) 

Line Item 

FY 2017 

Request 

House 

Authorized 

Senate 

Authorized 

Conference 

Change 

Conference 

Authorized 

Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost 

Army unfunded requirement ..................................................... [95,100 ] 

ROTARY 

005 HELICOPTER, LIGHT UTILITY (LUH) ..................................................... 17 110,000 

Army unfunded requirement (ARI) ............................................ [17 ] [110,000 ] 

006 AH–64 APACHE BLOCK IIIA REMAN ................................................... 4 78,040 4 78,040 4 78,040 4 78,040 007 ADVANCE PROCUREMENT (CY) ...................................................... 10 72,900 

Army unfunded requirement (ARI) ............................................ [10 ] [72,900 ] 

007A AH–64 APACHE BLOCK IIIA NEW BUILD ............................................. 5 190,000 

Army unfunded requirement (ARI) ............................................ [5 ] [190,000 ] 

008 UH–60 BLACKHAWK M MODEL (MYP) ................................................ 36 440,200 

Army unfunded requirement (ARI) ............................................ [36 ] [440,200 ] 

MODIFICATION OF AIRCRAFT 

017 CH–47 CARGO HELICOPTER MODS (MYP) ......................................... 102,000 

Army unfunded requirement (ARI) ............................................ [102,000 ] 

GROUND SUPPORT AVIONICS 

028 AIRCRAFT SURVIVABILITY EQUIPMENT ............................................... 22,000 

Army unfunded requirement-modernized warning system 

(ARI).

[22,000 ] 

029 SURVIVABILITY CM ............................................................................. 28,000 

Army unfunded requirement-assured PNT (ARI) ....................... [28,000 ] 

TOTAL AIRCRAFT PROCUREMENT, ARMY .............................. 4 78,040 72 1,138,240 4 78,040 4 78,040 

MISSILE PROCUREMENT, ARMY AIR-TO-SURFACE MISSILE SYSTEM 

004 HELLFIRE SYS SUMMARY ................................................................... 1,485 150,000 1,485 150,000 1,485 150,000 1,485 150,000 

ANTI-TANK/ASSAULT MISSILE SYS 

007 JAVELIN (AAWS-M) SYSTEM SUMMARY .............................................. 591 104,200 104,200 104,200 

Army unfunded requirement ..................................................... [591 ] [104,200 ] [104,200 ] 

010 GUIDED MLRS ROCKET (GMLRS) ........................................................ 1,158 76,000 76,000 76,000 

Army unfunded requirement ..................................................... [1,158 ] [76,000 ] [76,000 ] 

MODIFICATIONS 

014 ATACMS MODS .................................................................................... 17 15,900 15,900 15,900 

Army unfunded requirement ..................................................... [17 ] [15,900 ] [15,900 ] 


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TOTAL MISSILE PROCUREMENT, ARMY ................................ 1,485 150,000 3,251 346,100 1,485 150,000 196,100 1,485 346,100 

PROCUREMENT OF W&TCV, ARMY MODIFICATION OF TRACKED COMBAT VEHICLES 

008 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) ........................ 16 72,000 

Army unfunded requirement ..................................................... [16 ] [72,000 ] 

013 M1 ABRAMS TANK (MOD) ................................................................... 140,000 

Army unfunded requirement—Industrial base risk mitigation [60,000 ] Army unfunded requirement—Vehicle APS .............................. [80,000 ] 

UNDISTRIBUTED 

036A UNDISTRIBUTED .................................................................................. 55,100 

Additional funding to support increase in Army end strength [55,100 ] 

TOTAL PROCUREMENT OF W&TCV, ARMY ............................ 16 267,100 

PROCUREMENT OF AMMUNITION, ARMY SMALL/MEDIUM CAL AMMUNITION 

001 CTG, 5.56MM, ALL TYPES ................................................................... 4,000 4,000 4,000 

Army unfunded requirement ..................................................... [4,000 ] [4,000 ] 

002 CTG, 7.62MM, ALL TYPES ................................................................... 14,000 14,000 14,000 

Army unfunded requirement ..................................................... [14,000 ] [14,000 ] 

003 CTG, HANDGUN, ALL TYPES ................................................................ 9,000 9,000 9,000 

Army unfunded requirement ..................................................... [9,000 ] [9,000 ] 

004 CTG, .50 CAL, ALL TYPES ................................................................... 21,000 20,000 20,000 

Army unfunded requirement ..................................................... [21,000 ] [20,000 ] 

005 CTG, 20MM, ALL TYPES ...................................................................... 14,000 14,000 14,000 

Army unfunded requirement ..................................................... [14,000 ] [14,000 ] 

007 CTG, 30MM, ALL TYPES ...................................................................... 8,200 8,200 8,200 

Army unfunded requirement ..................................................... [8,200 ] [8,200 ] 

MORTAR AMMUNITION 

011 120MM MORTAR, ALL TYPES .............................................................. 30,000 30,000 30,000 

Army unfunded requirement ..................................................... [30,000 ] [30,000 ] 

TANK AMMUNITION 

012 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES ...................... 35,000 35,000 35,000 

Army unfunded requirement ..................................................... [35,000 ] [35,000 ] 

ARTILLERY AMMUNITION 

015 PROJ 155MM EXTENDED RANGE M982 .............................................. 332 23,500 332 23,500 332 23,500 

Army unfunded requirement ..................................................... [332 ] [23,500 ] [332 ] [23,500 ] 

016 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ....................... 10,000 10,000 10,000 

Army unfunded requirement ..................................................... [10,000 ] [10,000 ] 

ROCKETS 


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SEC. 4103. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS 

(In Thousands of Dollars) 

Line Item 

FY 2017 

Request 

House 

Authorized 

Senate 

Authorized 

Conference 

Change 

Conference 

Authorized 

Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost 

019 SHOULDER LAUNCHED MUNITIONS, ALL TYPES ................................. 30,000 30,000 30,000 

Army unfunded requirement ..................................................... [30,000 ] [30,000 ] 

020 ROCKET, HYDRA 70, ALL TYPES ......................................................... 44,606 42,500 44606 42,500 44,606 42,500 

Army unfunded requirement ..................................................... [44,106 ] [27,500 ] [44,106 ] [27,500 ] Army unfunded requirement- guided hydra rockets ................. [500 ] [15,000 ] [500 ] [15,000 ] 

UNDISTRIBUTED 

034A UNDISTRIBUTED .................................................................................. 46,500 

Additional funding to support increase in Army end strength [46,500 ] 

TOTAL PROCUREMENT OF AMMUNITION, ARMY ................... 44,938 287,700 44,938 240,200 44,938 240,200 

OTHER PROCUREMENT, ARMY TACTICAL VEHICLES 

008 FAMILY OF MEDIUM TACTICAL VEH (FMTV) ........................................ 449 152,000 449 152,000 449 152,000 449 152,000

COMM—JOINT COMMUNICATIONS 

019 WIN-T—GROUND FORCES TACTICAL NETWORK ................................. 80,000 

BBA Restoration—2BCTs - Increment 2 .................................. [80,000 ] 

ELECT EQUIP—TACTICAL SURV. (TAC SURV) 

080 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS ............................ 8,400 

Army unfunded requirement- CRAM Upgrades and MODS ...... [8,400 ] 

GENERATORS 

158 GENERATORS AND ASSOCIATED EQUIP .............................................. 9,900 9,900 9,900 9,900 

UNDISTRIBUTED 

180 UNDISTRIBUTED .................................................................................. 18,400 

Additional funding to support increase in Army end strength [18,400 ] 

TOTAL OTHER PROCUREMENT, ARMY ................................... 449 161,900 449 268,700 449 161,900 449 161,900 

JOINT IMPROVISED-THREAT DEFEAT FUND NETWORK ATTACK 

001 RAPID ACQUISITION AND THREAT RESPONSE .................................... 113,272 113,272 113,272 113,272 

TOTAL JOINT IMPROVISED-THREAT DEFEAT FUND ............... 113,272 113,272 113,272 113,272 

AIRCRAFT PROCUREMENT, NAVY COMBAT AIRCRAFT 


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002 F/A–18E/F (FIGHTER) HORNET ........................................................... 14 1,400,000 

Navy unfunded requirement ...................................................... [14 ] [1,400,000 ] 

003 JOINT STRIKE FIGHTER CV .................................................................. 4 540,000 

Marine Corps unfunded requirement ........................................ [2 ] [270,000 ] Navy unfunded requirement ...................................................... [2 ] [270,000 ] 

005 JSF STOVL ........................................................................................... 2 254,200 

Marine Corps unfunded requirement ........................................ [2 ] [254,200 ] 

009 V–22 (MEDIUM LIFT) .......................................................................... 2 150,000 

Marine Corps unfunded requirement ........................................ [2 ] [150,000 ] 

011 H–1 UPGRADES (UH–1Y/AH–1Z) ........................................................ 2 57,000 

Marine Corps unfunded requirement- AH–1Zs ......................... [2 ] [57,000 ] 

AIRLIFT AIRCRAFT 

019A C–40A ................................................................................................. 4 415,000 

Marine Corps unfunded requirement ........................................ [2 ] [207,500 ] Navy unfunded requirement ...................................................... [2 ] [207,500 ] 

OTHER AIRCRAFT 

023 MQ–4 TRITON ..................................................................................... 1 95,000 

Additional system—ISR shortfalls ........................................... [1 ] [95,000 ] 

025 MQ–8 UAV .......................................................................................... 4 47,500 

Scope Increase .......................................................................... [4 ] [47,500 ] 

MODIFICATION OF AIRCRAFT 

034 H–53 SERIES ...................................................................................... 16,100 

Accelerate readiness improvement ........................................... [2,800 ] Marine Corps unfunded requirement- degraded visual environment. [13,300 ] 

035 SH–60 SERIES .................................................................................... 3,000 3,000 3,000 3,000 036 H–1 SERIES ........................................................................................ 3,740 27,140 3,740 3,740 

Accelerate readiness improvement ........................................... [23,400 ] 

051 COMMON ECM EQUIPMENT ................................................................ 27,460 27,460 27,460 27,460 059 V–22 (TILT/ROTOR ACFT) OSPREY ..................................................... 39,300 

Marine Corps unfunded requirement- SPMAGTF- C4 UUNS ..... [39,300 ] 

AIRCRAFT SPARES AND REPAIR PARTS 

063 SPARES AND REPAIR PARTS .............................................................. 140,300 

KC–130J spares ........................................................................ [36,000 ] Marine Corps unfunded requirement- F35 B spares ............... [91,000 ] Marine Corps unfunded requirement- F35 C spares ............... [13,300 ] 

TOTAL AIRCRAFT PROCUREMENT, NAVY .............................. 34,200 33 3,212,000 34,200 34,200 

WEAPONS PROCUREMENT, NAVY STRATEGIC MISSILES 


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SEC. 4103. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS 

(In Thousands of Dollars) 

Line Item 

FY 2017 

Request 

House 

Authorized 

Senate 

Authorized 

Conference 

Change 

Conference 

Authorized 

Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost 

003 TOMAHAWK ......................................................................................... 98 76,000 84,200 84,200 

Scope Increase .......................................................................... [98 ] [76,000 ] [84,200 ] 

TACTICAL MISSILES 

005 SIDEWINDER ....................................................................................... 75 33,000 75 33,000 75 33,000 

Navy unfunded requirement ...................................................... [75 ] [33,000 ] [75 ] [33,000 ] 

015A LCS OVER-THE-HORIZON MISSILE ...................................................... 8 18,100 

Navy unfunded requirement ...................................................... [8 ] [18,100 ] 

TOTAL WEAPONS PROCUREMENT, NAVY .............................. 181 127,100 75 117,200 75 117,200 

PROCUREMENT OF AMMO, NAVY & MC NAVY AMMUNITION 

001 GENERAL PURPOSE BOMBS ............................................................... 58,000 58,000 58,000 

Navy unfunded requirement—JDAM components .................... [58,000 ] [58,000 ] 

MARINE CORPS AMMUNITION 

023 ARTILLERY, ALL TYPES ....................................................................... 19,200 19,200 

Marine Corps unfunded requirement- GMLRS AW munitions .. [19,200 ] 

TOTAL PROCUREMENT OF AMMO, NAVY & MC .................... 58,000 77,200 77,200 

SHIPBUILDING AND CONVERSION, NAVY OTHER WARSHIPS 

003 ADVANCE PROCUREMENT (CY) ...................................................... 263,000 

Advance Procurement for CVN–81 ............................................ [263,000 ] 

005 ADVANCE PROCUREMENT (CY) ...................................................... 85,000 

Long-lead Time Materiel Orders ............................................... [85,000 ] 

009 DDG–51 .............................................................................................. 1 433,000 

Scope Increase .......................................................................... [1 ] [433,000 ] 

011 LITTORAL COMBAT SHIP ..................................................................... 1 384,700 

Scope Increase .......................................................................... [1 ] [384,700 ] 

AMPHIBIOUS SHIPS 

012A AMPHIBIOUS SHIP REPLACEMENT LX(R) ............................................ 1 856,000 

Procurement of LPD–29 or LX (R) ............................................ [1 ] [856,000 ] 

AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST 

026 SHIP TO SHORE CONNECTOR ............................................................. 3 165,000 


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Scope Increase .......................................................................... [3 ] [165,000 ] 

028 LCAC SLEP .......................................................................................... 4 80,300 

Scope Increase .......................................................................... [4 ] [80,300 ] 

TOTAL SHIPBUILDING AND CONVERSION, NAVY .................. 10 2,267,000 

OTHER PROCUREMENT, NAVY OTHER SHIPBOARD EQUIPMENT 

009 DDG MOD ............................................................................................ 1 65,000 

Scope Increase .......................................................................... [1 ] [65,000 ] 

SMALL BOATS 

032 STANDARD BOATS ............................................................................... 20,000 

Program Acceleration ................................................................ [20,000 ] 

OTHER SHIP SUPPORT 

039A LCS LAUNCHER ................................................................................... 2 24,900 

Navy unfunded requirement ...................................................... [2 ] [24,900 ] 

AIRCRAFT SUPPORT EQUIPMENT 

104 WEAPONS RANGE SUPPORT EQUIPMENT ............................................ 9,000 

Navy unfunded requirement—Barking Sands Tactical Underwater Range. [9,000 ] 

OTHER ORDNANCE SUPPORT EQUIPMENT 

116 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ........................................... 59,329 59,329 59,329 59,329 

TOTAL OTHER PROCUREMENT, NAVY .................................... 59,329 3 178,229 59,329 59,329 

PROCUREMENT, MARINE CORPS ARTILLERY AND OTHER WEAPONS 

004 155MM LIGHTWEIGHT TOWED HOWITZER ........................................... 14,000 

Marine Corps unfunded requirement- chrome tubes ............... [14,000 ] 

005 HIGH MOBILITY ARTILLERY ROCKET SYSTEM ..................................... 19,200 

Program Increase- 148 additional GMLRS ............................... [19,200 ] 

OTHER SUPPORT (NON-TEL) 

036 COMMAND POST SYSTEMS ................................................................. 40,800 

Marine Corps unfunded requirement- SPMAGTF—C4 UUNS ... [40,800 ] 

TOTAL PROCUREMENT, MARINE CORPS ............................... 74,000 

AIRCRAFT PROCUREMENT, AIR FORCE TACTICAL FORCES 

001 F–35 ................................................................................................... 5 690,500 

Air Force unfunded requirement ............................................... [5 ] [690,500 ] 

OTHER AIRLIFT 

004 C–130J ............................................................................................... 3 271,500 


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SEC. 4103. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS 

(In Thousands of Dollars) 

Line Item 

FY 2017 

Request 

House 

Authorized 

Senate 

Authorized 

Conference 

Change 

Conference 

Authorized 

Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost 

Scope Increase .......................................................................... [3 ] [271,500 ] 

HELICOPTERS 

010 UH–1N REPLACEMENT ........................................................................ 80,000 

Program increase to address urgent need ............................... [80,000 ] 

OTHER AIRCRAFT 

015 MQ–9 .................................................................................................. 12 179,430 12 179,430 12 179,430 12 179,430 

015A EC–130H ............................................................................................ 1 103,000 

Scope increase .......................................................................... [1 ] [103,000 ] 

TACTICAL AIRCRAFT 

020 A–10 ................................................................................................... 218,500 

A–10 wing upgrades ................................................................. [120,000 ] Air Force unfunded requirement- A–10 antijam GPS .............. [10,300 ] Air Force unfunded requirement- A–10 situation awareness 

upgrade kits.

[23,200 ] 

Air Force unfunded requirement- ASE radar warning receiver 

upgrades.

[65,000 ] 

021 F–15 ................................................................................................... 60,400 

Air Force unfunded requirement- ASE radar warning receiver 

upgrades.

[60,400 ] 

022 F–16 ................................................................................................... 187,500 

Air Force unfunded requirement- antijam GPS ........................ [5,000 ] Air Force unfunded requirement- missile warning system ...... [12,000 ] Air Force unfunded requirement- radar warning receiver upgrades. [170,500 ] 

OTHER AIRCRAFT 

049 E–8 ..................................................................................................... 2 17,500 

Additional 2 PME-DMS kits ....................................................... [2 ] [17,500 ] 

054 H–60 ................................................................................................... 70,700 

Air Force unfunded requirement- ASE radar warning receivers [70,700 ] 

TOTAL AIRCRAFT PROCUREMENT, AIR FORCE ..................... 12 179,430 23 1,879,030 12 179,430 12 179,430 

MISSILE PROCUREMENT, AIR FORCE TACTICAL 


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007 SMALL DIAMETER BOMB .................................................................... 4,195 167,800 4,195 167,800 4,195 167,800 4,195 167,800 

CLASS IV 

011 AGM–65D MAVERICK .......................................................................... 16,900 16,900 16,900 16,900 

TOTAL MISSILE PROCUREMENT, AIR FORCE ........................ 4,195 184,700 4,195 184,700 4,195 184,700 4,195 184,700 

PROCUREMENT OF AMMUNITION, AIR FORCE ROCKETS 

001 ROCKETS ............................................................................................. 60,000 60,000 60,000 60,000 

BOMBS 

006 JOINT DIRECT ATTACK MUNITION ....................................................... 12,498 263,000 12,498 263,000 12,498 263,000 12,498 263,000 

TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE .......... 12,498 323,000 12,498 323,000 12,498 323,000 12,498 323,000 

PROCUREMENT, DEFENSE-WIDE MAJOR EQUIPMENT, DISA 

007 TELEPORT PROGRAM .......................................................................... 2,000 2,000 2,000 2,000 016 DEFENSE INFORMATION SYSTEMS NETWORK ..................................... 2,000 2,000 2,000 2,000 

TOTAL PROCUREMENT, DEFENSE-WIDE ............................... 4,000 4,000 4,000 4,000 TOTAL PROCUREMENT .......................................................... 18,643 1,287,871 65,669 10,728,171 18,643 1,287,871 45,013 630,700 63,656 1,918,571 

TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND 

EVALUATION 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY BASIC RESEARCH 

001 0601101A IN-HOUSE LABORATORY INDEPENDENT RESEARCH ......................................... 12,381 12,381 12,381 12,381 002 0601102A DEFENSE RESEARCH SCIENCES ....................................................................... 253,116 253,116 253,116 253,116 


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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

003 0601103A UNIVERSITY RESEARCH INITIATIVES ................................................................. 69,166 69,166 69,166 69,166 004 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS ........................................... 94,280 94,280 94,280 94,280 

SUBTOTAL BASIC RESEARCH ....................................................................... 428,943 428,943 428,943 428,943 

APPLIED RESEARCH 

005 0602105A MATERIALS TECHNOLOGY ................................................................................. 31,533 31,533 37,033 5,500 37,033 

Ground vehicle coating system .............................................................. [5,500 ] [5,500 ] 

006 0602120A SENSORS AND ELECTRONIC SURVIVABILITY .................................................... 36,109 36,109 38,109 2,000 38,109 

Program increase .................................................................................... [2,000 ] [2,000 ] 

007 0602122A TRACTOR HIP .................................................................................................... 6,995 6,995 6,995 6,995 

008 0602211A AVIATION TECHNOLOGY .................................................................................... 65,914 65,914 65,914 65,914 009 0602270A ELECTRONIC WARFARE TECHNOLOGY .............................................................. 25,466 25,466 25,466 25,466 010 0602303A MISSILE TECHNOLOGY ...................................................................................... 44,313 44,313 44,313 44,313 011 0602307A ADVANCED WEAPONS TECHNOLOGY ................................................................. 28,803 28,803 28,803 28,803 012 0602308A ADVANCED CONCEPTS AND SIMULATION ......................................................... 27,688 27,688 27,688 27,688 013 0602601A COMBAT VEHICLE AND AUTOMOTIVE TECHNOLOGY ......................................... 67,959 67,959 67,959 67,959 014 0602618A BALLISTICS TECHNOLOGY ................................................................................. 85,436 85,436 85,436 85,436 015 0602622A CHEMICAL, SMOKE AND EQUIPMENT DEFEATING TECHNOLOGY ...................... 3,923 3,923 3,923 3,923 016 0602623A JOINT SERVICE SMALL ARMS PROGRAM .......................................................... 5,545 5,545 5,545 5,545 017 0602624A WEAPONS AND MUNITIONS TECHNOLOGY ........................................................ 53,581 53,581 53,581 53,581 018 0602705A ELECTRONICS AND ELECTRONIC DEVICES ....................................................... 56,322 56,322 56,322 56,322 019 0602709A NIGHT VISION TECHNOLOGY ............................................................................. 36,079 36,079 36,079 36,079 020 0602712A COUNTERMINE SYSTEMS .................................................................................. 26,497 26,497 26,497 26,497 021 0602716A HUMAN FACTORS ENGINEERING TECHNOLOGY ................................................ 23,671 23,671 23,671 23,671 022 0602720A ENVIRONMENTAL QUALITY TECHNOLOGY ......................................................... 22,151 22,151 22,151 22,151 023 0602782A COMMAND, CONTROL, COMMUNICATIONS TECHNOLOGY ................................. 37,803 37,803 37,803 37,803 024 0602783A COMPUTER AND SOFTWARE TECHNOLOGY ....................................................... 13,811 13,811 13,811 13,811


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025 0602784A MILITARY ENGINEERING TECHNOLOGY ............................................................. 67,416 67,416 67,416 67,416 026 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY ............................................ 26,045 26,045 21,045 26,045 

Decrease for social science research ..................................................... [–5,000 ] 

027 0602786A WARFIGHTER TECHNOLOGY .............................................................................. 37,403 42,403 37,403 5,000 42,403 

Program Increase .................................................................................... [5,000 ] [5,000 ] 

028 0602787A MEDICAL TECHNOLOGY .................................................................................... 77,111 77,111 77,111 77,111 

SUBTOTAL APPLIED RESEARCH ................................................................... 907,574 912,574 910,074 12,500 920,074 

ADVANCED TECHNOLOGY DEVELOPMENT 

029 0603001A WARFIGHTER ADVANCED TECHNOLOGY ............................................................ 38,831 38,831 38,831 38,831 

030 0603002A MEDICAL ADVANCED TECHNOLOGY .................................................................. 68,365 68,365 68,365 68,365 031 0603003A AVIATION ADVANCED TECHNOLOGY .................................................................. 94,280 94,280 94,280 94,280 032 0603004A WEAPONS AND MUNITIONS ADVANCED TECHNOLOGY ...................................... 68,714 68,714 68,714 68,714 033 0603005A COMBAT VEHICLE AND AUTOMOTIVE ADVANCED TECHNOLOGY ...................... 122,132 122,132 172,132 30,000 152,132 

Emerging requirement ............................................................................ [50,000 ] [30,000 ] 

034 0603006A SPACE APPLICATION ADVANCED TECHNOLOGY ................................................ 3,904 3,904 3,904 3,904 035 0603007A MANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY ................ 14,417 14,417 14,417 14,417 037 0603009A TRACTOR HIKE .................................................................................................. 8,074 21,374 8,074 13,300 21,374 

Classified adjustment ............................................................................. [13,300 ] [13,300 ] 

038 0603015A NEXT GENERATION TRAINING & SIMULATION SYSTEMS ................................... 18,969 18,969 18,969 18,969 039 0603020A TRACTOR ROSE ................................................................................................ 11,910 11,910 11,910 11,910 

040 0603125A COMBATING TERRORISM—TECHNOLOGY DEVELOPMENT ................................ 27,686 27,686 27,686 27,686 041 0603130A TRACTOR NAIL .................................................................................................. 2,340 2,340 2,340 2,340 042 0603131A TRACTOR EGGS ................................................................................................ 2,470 2,470 2,470 2,470 043 0603270A ELECTRONIC WARFARE TECHNOLOGY .............................................................. 27,893 27,893 22,893 27,893 

General decrease .................................................................................... [–5,000 ] 

044 0603313A MISSILE AND ROCKET ADVANCED TECHNOLOGY ............................................. 52,190 52,190 52,190 52,190 045 0603322A TRACTOR CAGE ................................................................................................ 11,107 11,107 11,107 11,107 

046 0603461A HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM ....................... 177,190 179,190 177,190 2,000 179,190 

Program increase .................................................................................... [2,000 ] [2,000 ] 

047 0603606A LANDMINE WARFARE AND BARRIER ADVANCED TECHNOLOGY ........................ 17,451 17,451 17,451 17,451 048 0603607A JOINT SERVICE SMALL ARMS PROGRAM .......................................................... 5,839 5,839 5,839 5,839 


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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

049 0603710A NIGHT VISION ADVANCED TECHNOLOGY .......................................................... 44,468 44,468 44,468 44,468 050 0603728A ENVIRONMENTAL QUALITY TECHNOLOGY DEMONSTRATIONS ........................... 11,137 11,137 11,137 11,137 051 0603734A MILITARY ENGINEERING ADVANCED TECHNOLOGY .......................................... 20,684 20,684 20,684 20,684 052 0603772A ADVANCED TACTICAL COMPUTER SCIENCE AND SENSOR TECHNOLOGY ......... 44,239 44,239 39,239 44,239 

General program decrease ...................................................................... [–5,000 ] 

053 0603794A C3 ADVANCED TECHNOLOGY ............................................................................ 35,775 35,775 35,775 35,775 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT ................................... 930,065 945,365 970,065 45,300 975,365 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

054 0603305A ARMY MISSLE DEFENSE SYSTEMS INTEGRATION ............................................. 9,433 9,433 9,433 9,433 055 0603308A ARMY SPACE SYSTEMS INTEGRATION .............................................................. 23,056 23,056 23,056 23,056 

056 0603619A LANDMINE WARFARE AND BARRIER—ADV DEV .............................................. 72,117 72,117 72,117 72,117 057 0603627A SMOKE, OBSCURANT AND TARGET DEFEATING SYS-ADV DEV ......................... 28,244 28,244 28,244 28,244 058 0603639A TANK AND MEDIUM CALIBER AMMUNITION ...................................................... 40,096 40,096 40,096 40,096 059 0603747A SOLDIER SUPPORT AND SURVIVABILITY ........................................................... 10,506 10,506 10,506 10,506 060 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV ........................... 15,730 15,730 15,730 15,730 061 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT ........................................ 10,321 10,321 10,321 10,321 062 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY—DEM/VAL ....................................... 7,785 7,785 7,785 7,785 063 0603790A NATO RESEARCH AND DEVELOPMENT .............................................................. 2,300 2,300 2,300 2,300064 0603801A AVIATION—ADV DEV ........................................................................................ 10,014 10,014 10,014 10,014 065 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV ......................................... 20,834 20,834 20,834 20,834 066 0603807A MEDICAL SYSTEMS—ADV DEV ........................................................................ 33,503 41,003 33,503 33,503 

Program increase .................................................................................... [7,500 ] 

067 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT ............................................. 31,120 31,120 40,520 9,400 40,520

Accelerate small arms improvement ...................................................... [9,400 ] [9,400 ] 

068 0604100A ANALYSIS OF ALTERNATIVES ............................................................................ 6,608 6,608 6,608 6,608 

069 0604114A LOWER TIER AIR MISSILE DEFENSE (LTAMD) SENSOR .................................... 35,132 35,132 35,132 35,132 


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070 0604115A TECHNOLOGY MATURATION INITIATIVES ........................................................... 70,047 70,047 70,047 –9,009 61,038 

Excess growth ......................................................................................... [–9,009 ] 

071 0604120A ASSURED POSITIONING, NAVIGATION AND TIMING (PNT) ................................. 83,279 83,279 83,279 83,279 073 0305251A CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT ............................. 40,510 40,510 40,510 –10,000 30,510 

Inadequate justification .......................................................................... [–10,000 ] 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ......... 550,635 558,135 560,035 –9,609 541,026 

SYSTEM DEVELOPMENT & DEMONSTRATION 

074 0604201A AIRCRAFT AVIONICS ......................................................................................... 83,248 83,248 83,248 83,248 075 0604270A ELECTRONIC WARFARE DEVELOPMENT ............................................................ 34,642 34,642 34,642 34,642 

077 0604290A MID-TIER NETWORKING VEHICULAR RADIO (MNVR) ........................................ 12,172 12,172 12,172 12,172 078 0604321A ALL SOURCE ANALYSIS SYSTEM ...................................................................... 3,958 3,958 3,958 3,958 079 0604328A TRACTOR CAGE ................................................................................................ 12,525 12,525 12,525 12,525 080 0604601A INFANTRY SUPPORT WEAPONS ......................................................................... 66,943 66,943 66,943 66,943 082 0604611A JAVELIN ............................................................................................................. 20,011 20,011 20,011 20,011 083 0604622A FAMILY OF HEAVY TACTICAL VEHICLES ........................................................... 11,429 11,429 11,429 11,429 084 0604633A AIR TRAFFIC CONTROL ..................................................................................... 3,421 3,421 3,421 3,421 085 0604641A TACTICAL UNMANNED GROUND VEHICLE (TUGV) ............................................. 39,282 39,282 39,282 39,282 086 0604642A LIGHT TACTICAL WHEELED VEHICLES .............................................................. 494 494 494 494 087 0604645A ARMORED SYSTEMS MODERNIZATION (ASM)—ENG DEV ................................ 9,678 9,678 9,678 9,678 088 0604710A NIGHT VISION SYSTEMS—ENG DEV ................................................................. 84,519 84,519 84,519 84,519 089 0604713A COMBAT FEEDING, CLOTHING, AND EQUIPMENT .............................................. 2,054 2,054 2,054 2,054 090 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV .................................................. 30,774 30,774 30,774 30,774 091 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV .............. 53,332 61,332 53,332 8,000 61,332 

Program increase- all digital radar technology for CRAM .................... [8,000 ] [8,000 ] 

092 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT .................................... 17,887 17,887 17,887 17,887 093 0604746A AUTOMATIC TEST EQUIPMENT DEVELOPMENT .................................................. 8,813 8,813 8,813 8,813 094 0604760A DISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)—ENG DEV ........................... 10,487 10,487 10,487 10,487 095 0604780A COMBINED ARMS TACTICAL TRAINER (CATT) CORE ........................................ 15,068 15,068 15,068 15,068 096 0604798A BRIGADE ANALYSIS, INTEGRATION AND EVALUATION ...................................... 89,716 89,716 89,716 89,716 097 0604802A WEAPONS AND MUNITIONS—ENG DEV ............................................................ 80,365 80,365 80,365 80,365 098 0604804A LOGISTICS AND ENGINEER EQUIPMENT—ENG DEV ......................................... 75,098 86,198 75,098 11,100 86,198 


srobinson on DSK5SPTVN1PROD with HEARING
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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

Program Increase- next generation signature management ................. [11,100 ] [11,100 ] 

099 0604805A COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—ENG DEV ..................... 4,245 4,245 4,245 4,245 100 0604807A MEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE EQUIPMENT—ENG DEV 41,124 41,124 41,124 41,124 101 0604808A LANDMINE WARFARE/BARRIER—ENG DEV ...................................................... 39,630 39,630 39,630 39,630 102 0604818A ARMY TACTICAL COMMAND & CONTROL HARDWARE & SOFTWARE ................ 205,590 205,590 205,590 205,590 103 0604820A RADAR DEVELOPMENT ...................................................................................... 15,983 15,983 15,983 15,983 

104 0604822A GENERAL FUND ENTERPRISE BUSINESS SYSTEM (GFEBS) .............................. 6,805 6,805 6,805 6,805 105 0604823A FIREFINDER ....................................................................................................... 9,235 9,235 9,235 9,235 106 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL ......................................................... 12,393 12,393 12,393 12,393 107 0604854A ARTILLERY SYSTEMS—EMD ............................................................................. 1,756 1,756 1,756 1,756 108 0605013A INFORMATION TECHNOLOGY DEVELOPMENT .................................................... 74,236 74,236 74,236 74,236 109 0605018A INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPPS-A) ........................... 155,584 155,584 135,584 –11,000 144,584 

Unjustified growth .................................................................................. [–20,000 ] [–11,000 ] 

110 0605028A ARMORED MULTI-PURPOSE VEHICLE (AMPV) .................................................. 184,221 184,221 184,221 184,221 

111 0605029A INTEGRATED GROUND SECURITY SURVEILLANCE RESPONSE CAPABILITY 

(IGSSR-C).

4,980 4,980 4,980 4,980 

112 0605030A JOINT TACTICAL NETWORK CENTER (JTNC) ...................................................... 15,041 15,041 15,041 15,041 113 0605031A JOINT TACTICAL NETWORK (JTN) ...................................................................... 16,014 16,014 16,014 16,014 114 0605032A TRACTOR TIRE .................................................................................................. 27,254 27,254 27,254 27,254 115 0605033A GROUND-BASED OPERATIONAL SURVEILLANCE SYSTEM—EXPEDITIONARY 

(GBOSS-E).

5,032 5,032 5,032 5,032 

116 0605034A TACTICAL SECURITY SYSTEM (TSS) ................................................................. 2,904 2,904 2,904 2,904 117 0605035A COMMON INFRARED COUNTERMEASURES (CIRCM) ......................................... 96,977 96,977 96,977 96,977 118 0605036A COMBATING WEAPONS OF MASS DESTRUCTION (CWMD) ................................ 2,089 2,089 2,089 2,089 119 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT ......................................................... 33,836 33,836 33,836 33,836 120 0605042A TACTICAL NETWORK RADIO SYSTEMS (LOW-TIER) ........................................... 18,824 18,824 18,824 18,824 121 0605047A CONTRACT WRITING SYSTEM ........................................................................... 20,663 20,663 20,663 


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Unjustified request ................................................................................. [–20,663 ] 

122 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT ........................................................ 41,133 41,133 54,133 41,133 

ASE unfunded requirement ..................................................................... [13,000 ] 

123 0605052A INDIRECT FIRE PROTECTION CAPABILITY INC 2—BLOCK 1 ............................ 83,995 83,995 83,995 83,995 125 0605380A AMF JOINT TACTICAL RADIO SYSTEM (JTRS) .................................................... 5,028 5,028 5,028 5,028 126 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) ........................................................... 42,972 42,972 42,972 42,972 

128 0605457A ARMY INTEGRATED AIR AND MISSILE DEFENSE (AIAMD) ................................ 252,811 252,811 252,811 252,811 131 0605766A NATIONAL CAPABILITIES INTEGRATION (MIP) ................................................... 4,955 4,955 4,955 4,955 132 0605812A JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND MANUFACTURING 

DEVELOPMENT PH.

11,530 11,530 11,530 11,530 

133 0605830A AVIATION GROUND SUPPORT EQUIPMENT ........................................................ 2,142 2,142 2,142 2,142 134 0210609A PALADIN INTEGRATED MANAGEMENT (PIM) ..................................................... 41,498 41,498 41,498 41,498 135 0303032A TROJAN—RH12 ................................................................................................ 4,273 4,273 4,273 4,273 136 0304270A ELECTRONIC WARFARE DEVELOPMENT ............................................................ 14,425 14,425 14,425 14,425 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION ............................. 2,265,094 2,284,194 2,237,431 8,100 2,273,194 

RDT&E MANAGEMENT SUPPORT 

137 0604256A THREAT SIMULATOR DEVELOPMENT ................................................................. 25,675 25,675 25,675 25,675 

138 0604258A TARGET SYSTEMS DEVELOPMENT .................................................................... 19,122 19,122 19,122 19,122 139 0604759A MAJOR T&E INVESTMENT ................................................................................. 84,777 84,777 84,777 84,777 140 0605103A RAND ARROYO CENTER .................................................................................... 20,658 20,658 20,658 20,658 141 0605301A ARMY KWAJALEIN ATOLL .................................................................................. 236,648 236,648 236,648 236,648 142 0605326A CONCEPTS EXPERIMENTATION PROGRAM ........................................................ 25,596 25,596 25,596 25,596 144 0605601A ARMY TEST RANGES AND FACILITIES ............................................................... 293,748 293,748 293,748 293,748 145 0605602A ARMY TECHNICAL TEST INSTRUMENTATION AND TARGETS ............................. 52,404 52,404 52,404 52,404 146 0605604A SURVIVABILITY/LETHALITY ANALYSIS ................................................................ 38,571 38,571 38,571 38,571 147 0605606A AIRCRAFT CERTIFICATION ................................................................................. 4,665 4,665 4,665 4,665 148 0605702A METEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES ........................................ 6,925 6,925 6,925 6,925 149 0605706A MATERIEL SYSTEMS ANALYSIS ......................................................................... 21,677 21,677 21,677 21,677 150 0605709A EXPLOITATION OF FOREIGN ITEMS ................................................................... 12,415 12,415 12,415 12,415 151 0605712A SUPPORT OF OPERATIONAL TESTING ............................................................... 49,684 49,684 49,684 49,684 152 0605716A ARMY EVALUATION CENTER ............................................................................. 55,905 55,905 55,905 55,905 


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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

153 0605718A ARMY MODELING & SIM X-CMD COLLABORATION & INTEG ............................ 7,959 7,959 7,959 7,959 154 0605801A PROGRAMWIDE ACTIVITIES ............................................................................... 51,822 51,822 51,822 51,822 155 0605803A TECHNICAL INFORMATION ACTIVITIES .............................................................. 33,323 33,323 35,823 33,323 

Program increase Geospatial .................................................................. [2,500 ] 

156 0605805A MUNITIONS STANDARDIZATION, EFFECTIVENESS AND SAFETY ......................... 40,545 40,545 40,545 40,545 157 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY MGMT SUPPORT .............................. 2,130 2,130 2,130 2,130 158 0605898A MANAGEMENT HQ—R&D ................................................................................. 49,885 49,885 49,885 49,885 

159 0303260A DEFENSE MILITARY DECEPTION INITIATIVE ...................................................... 2,000 2,000 2,000 2,000

SUBTOTAL RDT&E MANAGEMENT SUPPORT ................................................ 1,136,134 1,136,134 1,138,634 1,136,134 

OPERATIONAL SYSTEMS DEVELOPMENT 

161 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM ...................................................... 9,663 9,663 9,663 9,663 162 0603813A TRACTOR PULL ................................................................................................. 3,960 3,960 3,960 3,960 

163 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT ............................................................. 3,638 3,638 3,638 3,638164 0607131A WEAPONS AND MUNITIONS PRODUCT IMPROVEMENT PROGRAMS .................. 14,517 14,517 14,517 14,517 165 0607133A TRACTOR SMOKE .............................................................................................. 4,479 4,479 4,479 4,479 166 0607134A LONG RANGE PRECISION FIRES (LRPF) ........................................................... 39,275 39,275 39,275 39,275 167 0607135A APACHE PRODUCT IMPROVEMENT PROGRAM .................................................. 66,441 66,441 66,441 66,441 168 0607136A BLACKHAWK PRODUCT IMPROVEMENT PROGRAM ........................................... 46,765 46,765 46,765 46,765 169 0607137A CHINOOK PRODUCT IMPROVEMENT PROGRAM ................................................ 91,848 91,848 91,848 91,848 170 0607138A FIXED WING PRODUCT IMPROVEMENT PROGRAM ............................................ 796 796 796 796 171 0607139A IMPROVED TURBINE ENGINE PROGRAM ........................................................... 126,105 126,105 126,105 126,105 172 0607140A EMERGING TECHNOLOGIES FROM NIE ............................................................. 2,369 2,369 2,369 2,369173 0607141A LOGISTICS AUTOMATION ................................................................................... 4,563 4,563 4,563 4,563 174 0607665A FAMILY OF BIOMETRICS ................................................................................... 12,098 12,098 12,098 12,098 175 0607865A PATRIOT PRODUCT IMPROVEMENT ................................................................... 49,482 49,482 49,482 49,482 176 0202429A AEROSTAT JOINT PROJECT—COCOM EXERCISE .............................................. 45,482 2,482 4,482 –43,000 2,482 


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Program reduction .................................................................................. [–43,000 ] [–41,000 ] [–43,000 ] 

178 0203728A JOINT AUTOMATED DEEP OPERATION COORDINATION SYSTEM (JADOCS) ........ 30,455 30,455 30,455 30,455 179 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS ................................................. 316,857 316,857 328,857 316,857 

APS unfunded requirement ..................................................................... [12,000 ] 

180 0203740A MANEUVER CONTROL SYSTEM ......................................................................... 4,031 4,031 4,031 4,031 

181 0203744A AIRCRAFT MODIFICATIONS/PRODUCT IMPROVEMENT PROGRAMS .................... 35,793 35,793 35,793 35,793 182 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM ............................. 259 259 259 259 183 0203758A DIGITIZATION ..................................................................................................... 6,483 6,483 6,483 6,483 184 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM ............................ 5,122 5,122 5,122 5,122 185 0203802A OTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS .................................... 7,491 7,491 7,491 7,491 186 0203808A TRACTOR CARD ................................................................................................ 20,333 20,333 20,333 20,333 188 0205410A MATERIALS HANDLING EQUIPMENT .................................................................. 124 124 124 124 190 0205456A LOWER TIER AIR AND MISSILE DEFENSE (AMD) SYSTEM ................................ 69,417 69,417 69,417 69,417 191 0205778A GUIDED MULTIPLE-LAUNCH ROCKET SYSTEM (GMLRS) ................................... 22,044 22,044 22,044 22,044 192 0208053A JOINT TACTICAL GROUND SYSTEM ................................................................... 12,649 12,649 12,649 12,649 194 0303028A SECURITY AND INTELLIGENCE ACTIVITIES ....................................................... 11,619 11,619 11,619 11,619 195 0303140A INFORMATION SYSTEMS SECURITY PROGRAM ................................................. 38,280 38,280 38,280 38,280 196 0303141A GLOBAL COMBAT SUPPORT SYSTEM ................................................................ 27,223 27,223 2,023 27,223 

GCSS unjustified request ........................................................................ [–25,200 ] 

197 0303142A SATCOM GROUND ENVIRONMENT (SPACE) ...................................................... 18,815 18,815 18,815 18,815

198 0303150A WWMCCS/GLOBAL COMMAND AND CONTROL SYSTEM .................................... 4,718 4,718 4,718 4,718 202 0305204A TACTICAL UNMANNED AERIAL VEHICLES ......................................................... 8,218 8,218 8,218 8,218 203 0305206A AIRBORNE RECONNAISSANCE SYSTEMS .......................................................... 11,799 11,799 11,799 11,799 204 0305208A DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ..................................... 32,284 32,284 284 32,284 

Change in tactical requirements ............................................................ [–32,000 ] 

205 0305219A MQ–1C GRAY EAGLE UAS ................................................................................ 13,470 13,470 13,470 13,470 206 0305232A RQ–11 UAV ....................................................................................................... 1,613 1,613 1,613 1,613 207 0305233A RQ–7 UAV ........................................................................................................ 4,597 4,597 4,597 4,597 209 0310349A WIN-T INCREMENT 2—INITIAL NETWORKING ................................................... 4,867 4,867 4,867 4,867 210 0708045A END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES ......................................... 62,287 62,287 62,287 62,287 

210A 9999999999 CLASSIFIED PROGRAMS .................................................................................... 4,625 4,625 4,625 4,625 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT .................................... 1,296,954 1,253,954 1,210,754 –43,000 1,253,954 


srobinson on DSK5SPTVN1PROD with HEARING
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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY ................... 7,515,399 7,519,299 7,455,936 13,291 7,528,690 

RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY BASIC RESEARCH 

001 0601103N UNIVERSITY RESEARCH INITIATIVES ................................................................. 101,714 121,714 101,714 20,000 121,714 

Program increase .................................................................................... [20,000 ] [20,000 ] 

002 0601152N IN-HOUSE LABORATORY INDEPENDENT RESEARCH ......................................... 18,508 18,508 18,508 18,508 003 0601153N DEFENSE RESEARCH SCIENCES ....................................................................... 422,748 422,748 422,748 422,748 

SUBTOTAL BASIC RESEARCH ....................................................................... 542,970 562,970 542,970 20,000 562,970 

APPLIED RESEARCH 

004 0602114N POWER PROJECTION APPLIED RESEARCH ........................................................ 41,371 41,371 41,371 41,371 

005 0602123N FORCE PROTECTION APPLIED RESEARCH ........................................................ 158,745 158,745 158,745 158,745 006 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY ............................................... 51,590 51,590 51,590 51,590 007 0602235N COMMON PICTURE APPLIED RESEARCH .......................................................... 41,185 41,185 41,185 41,185 008 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH ............................................ 45,467 45,467 45,467 45,467 009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH ......................................... 118,941 118,941 118,941 118,941 010 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH .............................. 42,618 74,618 42,618 30,000 72,618 

Service Life Extension Program—AGOR ................................................. [32,000 ] [30,000 ] 

011 0602651M JOINT NON-LETHAL WEAPONS APPLIED RESEARCH ......................................... 6,327 6,327 6,327 6,327 012 0602747N UNDERSEA WARFARE APPLIED RESEARCH ...................................................... 126,313 126,313 136,313 126,313 

Program increase .................................................................................... [10,000 ] 

013 0602750N FUTURE NAVAL CAPABILITIES APPLIED RESEARCH .......................................... 165,103 165,103 165,103 165,103 

014 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH ............................. 33,916 33,916 33,916 33,916 015 0602898N SCIENCE AND TECHNOLOGY MANAGEMENT—ONR HEADQUARTERS ............... 29,575 29,575 29,575 29,575 

SUBTOTAL APPLIED RESEARCH ................................................................... 861,151 893,151 871,151 30,000 891,151 


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ADVANCED TECHNOLOGY DEVELOPMENT 

016 0603114N POWER PROJECTION ADVANCED TECHNOLOGY ................................................ 96,406 106,406 81,406 96,406 

General decrease .................................................................................... [–15,000 ] Program increase for common mount .................................................... [10,000 ] 

017 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY ................................................ 48,438 48,438 48,438 48,438 018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED TECHNOLOGY ................................. 26,421 26,421 26,421 26,421 019 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD) ................................ 140,416 140,416 140,416 140,416 020 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT ........................... 13,117 13,117 13,117 13,117 021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED TECHNOLOGY DEVELOPMENT ......... 249,092 249,092 239,092 –2,000 247,092 

Capable manpower, and power and energy ........................................... [–10,000 ] [–2,000 ] 

022 0603680N MANUFACTURING TECHNOLOGY PROGRAM ...................................................... 56,712 56,712 56,712 56,712 023 0603729N WARFIGHTER PROTECTION ADVANCED TECHNOLOGY ...................................... 4,789 4,789 4,789 4,789 024 0603747N UNDERSEA WARFARE ADVANCED TECHNOLOGY .............................................. 25,880 25,880 25,880 25,880 025 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS ............................ 60,550 65,550 60,550 60,550 

Program Increase .................................................................................... [5,000 ] 

026 0603782N MINE AND EXPEDITIONARY WARFARE ADVANCED TECHNOLOGY ..................... 15,167 15,167 15,167 15,167 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT ................................... 736,988 751,988 711,988 –2,000 734,988 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

027 0603207N AIR/OCEAN TACTICAL APPLICATIONS ................................................................ 48,536 48,536 48,536 48,536 028 0603216N AVIATION SURVIVABILITY .................................................................................. 5,239 5,239 5,239 5,239 030 0603251N AIRCRAFT SYSTEMS .......................................................................................... 1,519 1,519 1,519 1,519 031 0603254N ASW SYSTEMS DEVELOPMENT .......................................................................... 7,041 7,041 7,041 7,041 032 0603261N TACTICAL AIRBORNE RECONNAISSANCE .......................................................... 3,274 3,274 3,274 3,274 033 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY ................................................... 57,034 72,034 57,034 –41,538 15,496 

Program Increase .................................................................................... [15,000 ] Rapid prototype development excess growth ......................................... [–30,267 ] Unmanned rapid prototype development excess growth ........................ [–11,271 ] 

034 0603502N SURFACE AND SHALLOW WATER MINE COUNTERMEASURES ........................... 165,775 165,775 164,275 –22,227 143,548 

Excess prior year funds .......................................................................... [–1,500 ] [–1,500 ] LDUUV product development excess growth .......................................... [–13,800 ] 


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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

USV with AQS–20 product development excess growth ........................ [–5,750 ] USV with AQS–20 support excess growth .............................................. [–1,177 ] 

035 0603506N SURFACE SHIP TORPEDO DEFENSE .................................................................. 87,066 87,066 87,066 87,066 

036 0603512N CARRIER SYSTEMS DEVELOPMENT .................................................................. 7,605 7,605 7,605 7,605 037 0603525N PILOT FISH ........................................................................................................ 132,068 132,068 132,068 132,068 038 0603527N RETRACT LARCH ............................................................................................... 14,546 14,546 14,546 14,546 039 0603536N RETRACT JUNIPER ............................................................................................ 115,435 115,435 115,435 115,435 040 0603542N RADIOLOGICAL CONTROL .................................................................................. 702 702 702 702 041 0603553N SURFACE ASW .................................................................................................. 1,081 1,081 1,081 1,081 042 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT ............................................. 100,565 100,565 100,565 100,565 043 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS ..................................................... 8,782 8,782 8,782 8,782 044 0603563N SHIP CONCEPT ADVANCED DESIGN .................................................................. 14,590 14,590 14,590 14,590 045 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES ....................................... 15,805 15,805 15,805 15,805 046 0603570N ADVANCED NUCLEAR POWER SYSTEMS ........................................................... 453,313 453,313 453,313 453,313 047 0603573N ADVANCED SURFACE MACHINERY SYSTEMS .................................................... 36,655 36,655 36,655 36,655 048 0603576N CHALK EAGLE ................................................................................................... 367,016 367,016 367,016 367,016 049 0603581N LITTORAL COMBAT SHIP (LCS) ......................................................................... 51,630 51,630 51,630 51,630 050 0603582N COMBAT SYSTEM INTEGRATION ....................................................................... 23,530 23,530 23,530 23,530 051 0603595N OHIO REPLACEMENT ......................................................................................... 700,811 700,811 700,811 700,811 052 0603596N LCS MISSION MODULES ................................................................................... 160,058 129,158 129,158 –30,871 129,187 

Program Restructure ............................................................................... [–30,900 ] [–30,900 ] [–30,871 ] 

053 0603597N AUTOMATED TEST AND ANALYSIS .................................................................... 8,000 8,000 8,000 

Program increase .................................................................................... [8,000 ] [8,000 ] 

054 0603599N FRIGATE DEVELOPMENT ................................................................................... 84,900 84,900 84,900 84,900 055 0603609N CONVENTIONAL MUNITIONS .............................................................................. 8,342 8,342 8,342 8,342 056 0603611M MARINE CORPS ASSAULT VEHICLES ................................................................ 158,682 158,682 158,682 –19,920 138,762 

Product development prior year carryover .............................................. [–19,920 ] 


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057 0603635M MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM ..................................... 1,303 1,303 1,303 1,303 058 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT ................................... 46,911 46,911 46,911 46,911 060 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT ........................................ 4,556 4,556 4,556 4,556 061 0603721N ENVIRONMENTAL PROTECTION ......................................................................... 20,343 20,343 20,343 20,343 062 0603724N NAVY ENERGY PROGRAM ................................................................................. 52,479 52,479 52,479 52,479 063 0603725N FACILITIES IMPROVEMENT ................................................................................ 5,458 5,458 5,458 5,458 064 0603734N CHALK CORAL ................................................................................................... 245,860 245,860 245,860 245,860 065 0603739N NAVY LOGISTIC PRODUCTIVITY ......................................................................... 3,089 3,089 3,089 3,089 066 0603746N RETRACT MAPLE ............................................................................................... 323,526 323,526 323,526 323,526 067 0603748N LINK PLUMERIA ................................................................................................. 318,497 318,497 318,497 318,497 068 0603751N RETRACT ELM ................................................................................................... 52,834 52,834 52,834 52,834 069 0603764N LINK EVERGREEN .............................................................................................. 48,116 48,116 48,116 48,116 070 0603787N SPECIAL PROCESSES ........................................................................................ 13,619 13,619 13,619 13,619 071 0603790N NATO RESEARCH AND DEVELOPMENT .............................................................. 9,867 9,867 9,867 9,867072 0603795N LAND ATTACK TECHNOLOGY ............................................................................. 6,015 6,015 6,015 6,015 073 0603851M JOINT NON-LETHAL WEAPONS TESTING ............................................................ 27,904 27,904 27,904 27,904 074 0603860N JOINT PRECISION APPROACH AND LANDING SYSTEMS—DEM/VAL .................. 104,144 104,144 104,144 –1,422 102,722 

UCLASS test support unjustified request ............................................... [–1,422 ] 

075 0603925N DIRECTED ENERGY AND ELECTRIC WEAPON SYSTEMS ................................... 32,700 32,700 32,700 32,700 076 0604112N GERALD R. FORD CLASS NUCLEAR AIRCRAFT CARRIER (CVN 78—80) ......... 70,528 70,528 70,528 70,528 077 0604122N REMOTE MINEHUNTING SYSTEM (RMS) ........................................................... 3,001 3,001 3,001 3,001 078 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM) ........ 34,920 34,920 34,920 34,920 080 0604292N MH-XX ............................................................................................................... 1,620 1,620 1,620 1,620 081 0604454N LX (R) ............................................................................................................... 6,354 6,354 25,354 6,354 

Needed to maintain schedule ................................................................. [19,000 ] 

082 0604536N ADVANCED UNDERSEA PROTOTYPING .............................................................. 78,589 78,589 44,189 –34,400 44,189 

Ahead of need ......................................................................................... [–34,400 ] [–34,400 ] 

084 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM ................................. 9,910 9,910 9,910 9,910 085 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINEERING 

SUPPORT.

23,971 23,971 23,971 23,971 

086 0604786N OFFENSIVE ANTI-SURFACE WARFARE WEAPON DEVELOPMENT ........................ 252,409 252,409 252,409 –2,038 250,371 

Increment II early to need ...................................................................... [–2,038 ] 


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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

087 0605812M JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND MANUFACTURING 

DEVELOPMENT PH.

23,197 23,197 23,197 23,197 

088 0303354N ASW SYSTEMS DEVELOPMENT—MIP ............................................................... 9,110 9,110 9,110 9,110 089 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP .................................................. 437 437 437 437 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ......... 4,662,867 4,654,967 4,615,067 –144,416 4,518,451 

SYSTEM DEVELOPMENT & DEMONSTRATION 

090 0603208N TRAINING SYSTEM AIRCRAFT ........................................................................... 19,938 19,938 19,938 19,938 091 0604212N OTHER HELO DEVELOPMENT ............................................................................ 6,268 6,268 6,268 6,268 092 0604214N AV–8B AIRCRAFT—ENG DEV ........................................................................... 33,664 33,664 33,664 33,664 093 0604215N STANDARDS DEVELOPMENT .............................................................................. 1,300 1,300 1,300 1,300 094 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT ................................... 5,275 5,275 5,275 5,275 095 0604218N AIR/OCEAN EQUIPMENT ENGINEERING ............................................................. 3,875 3,875 3,875 3,875 096 0604221N P–3 MODERNIZATION PROGRAM ...................................................................... 1,909 1,909 1,909 1,909 097 0604230N WARFARE SUPPORT SYSTEM ............................................................................ 13,237 13,237 13,237 13,237 098 0604231N TACTICAL COMMAND SYSTEM .......................................................................... 36,323 36,323 36,323 36,323 099 0604234N ADVANCED HAWKEYE ........................................................................................ 363,792 363,792 363,792 363,792 100 0604245N H–1 UPGRADES ................................................................................................ 27,441 27,441 27,441 27,441 101 0604261N ACOUSTIC SEARCH SENSORS ........................................................................... 34,525 34,525 34,525 34,525 102 0604262N V–22A ............................................................................................................... 174,423 174,423 174,423 –16,725 157,698 

Hardware development airframe excess growth .................................... [–8,474 ] Refueling system development excess growth ....................................... [–8,251 ] 

103 0604264N AIR CREW SYSTEMS DEVELOPMENT ................................................................ 13,577 13,577 13,577 13,577 

104 0604269N EA–18 ............................................................................................................... 116,761 116,761 116,761 116,761 105 0604270N ELECTRONIC WARFARE DEVELOPMENT ............................................................ 48,766 48,766 48,766 48,766 106 0604273N EXECUTIVE HELO DEVELOPMENT ..................................................................... 338,357 338,357 338,357 338,357 107 0604274N NEXT GENERATION JAMMER (NGJ) ................................................................... 577,822 577,822 577,822 577,822 


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108 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-NAVY) ..................................... 2,365 2,365 2,365 2,365 109 0604282N NEXT GENERATION JAMMER (NGJ) INCREMENT II ............................................ 52,065 52,065 52,065 –10,000 42,065 

Program growth ...................................................................................... [–10,000 ] 

110 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGINEERING .................................. 282,764 282,764 282,764 282,764 111 0604311N LPD–17 CLASS SYSTEMS INTEGRATION ........................................................... 580 580 580 580 112 0604329N SMALL DIAMETER BOMB (SDB) ........................................................................ 97,622 97,622 97,622 97,622 

113 0604366N STANDARD MISSILE IMPROVEMENTS ................................................................ 120,561 120,561 120,561 120,561 114 0604373N AIRBORNE MCM ................................................................................................ 45,622 45,622 45,622 45,622 116 0604378N NAVAL INTEGRATED FIRE CONTROL—COUNTER AIR SYSTEMS ENGINEERING 25,750 25,750 25,750 25,750 118 0604501N ADVANCED ABOVE WATER SENSORS ............................................................... 85,868 85,868 85,868 85,868 119 0604503N SSN–688 AND TRIDENT MODERNIZATION ........................................................ 117,476 117,476 117,476 117,476 120 0604504N AIR CONTROL ................................................................................................... 47,404 47,404 47,404 47,404 121 0604512N SHIPBOARD AVIATION SYSTEMS ....................................................................... 112,158 112,158 112,158 112,158 122 0604518N COMBAT INFORMATION CENTER CONVERSION ................................................. 6,283 6,283 6,283 6,283 123 0604522N AIR AND MISSILE DEFENSE RADAR (AMDR) SYSTEM ...................................... 144,395 144,395 144,395 144,395 124 0604558N NEW DESIGN SSN ............................................................................................. 113,013 113,013 113,013 113,013 125 0604562N SUBMARINE TACTICAL WARFARE SYSTEM ....................................................... 43,160 43,160 43,160 43,160 126 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE T&E ........................................................ 65,002 85,002 65,002 20,000 85,002 

CVN Design ............................................................................................. [20,000 ] [20,000 ] 

127 0604574N NAVY TACTICAL COMPUTER RESOURCES ......................................................... 3,098 3,098 3,098 3,098 128 0604580N VIRGINIA PAYLOAD MODULE (VPM) .................................................................. 97,920 97,920 97,920 97,920 

129 0604601N MINE DEVELOPMENT ........................................................................................ 10,490 10,490 10,490 10,490 130 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT ........................................................... 20,178 20,178 20,178 20,178 131 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT ................................... 7,369 7,369 7,369 7,369 132 0604703N PERSONNEL, TRAINING, SIMULATION, AND HUMAN FACTORS .......................... 4,995 4,995 4,995 4,995 133 0604727N JOINT STANDOFF WEAPON SYSTEMS ................................................................ 412 412 412 412 134 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) ..................................................... 134,619 134,619 134,619 134,619 135 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) ..................................................... 114,475 105,475 114,475 –9,000 105,475 

Program Execution .................................................................................. [–9,000 ] [–9,000 ] 

136 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) ................................................ 114,211 114,211 114,211 –3,000 111,211 

Decoy development effort unjustified growth ......................................... [–3,000 ] 

137 0604761N INTELLIGENCE ENGINEERING ............................................................................ 11,029 11,029 11,029 11,029 


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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

138 0604771N MEDICAL DEVELOPMENT .................................................................................. 9,220 9,220 9,220 9,220 139 0604777N NAVIGATION/ID SYSTEM .................................................................................... 42,723 42,723 42,723 42,723 140 0604800M JOINT STRIKE FIGHTER (JSF)—EMD ................................................................. 531,426 531,426 531,426 531,426 141 0604800N JOINT STRIKE FIGHTER (JSF)—EMD ................................................................. 528,716 528,716 528,716 528,716 142 0604810M JOINT STRIKE FIGHTER FOLLOW ON DEVELOPMENT—MARINE CORPS ............ 74,227 74,227 74,227 –2,250 71,977 

Follow-on development excess funds ..................................................... [–2,250 ] 

143 0604810N JOINT STRIKE FIGHTER FOLLOW ON DEVELOPMENT—NAVY ............................ 63,387 63,387 63,387 –2,250 61,137 

Follow-on development excess funds ..................................................... [–2,250 ] 

144 0605013M INFORMATION TECHNOLOGY DEVELOPMENT .................................................... 4,856 4,856 4,856 4,856 145 0605013N INFORMATION TECHNOLOGY DEVELOPMENT .................................................... 97,066 97,066 97,066 97,066 146 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT ............................................................. 2,500 2,500 2,500 2,500147 0605212N CH–53K RDTE ................................................................................................... 404,810 404,810 404,810 –31,513 373,297 

Program delay ......................................................................................... [–31,513 ] 

148 0605215N MISSION PLANNING ........................................................................................... 33,570 33,570 33,570 33,570 

149 0605217N COMMON AVIONICS .......................................................................................... 51,599 51,599 51,599 51,599 150 0605220N SHIP TO SHORE CONNECTOR (SSC) ................................................................. 11,088 11,088 11,088 11,088 151 0605327N T-AO (X) ............................................................................................................ 1,095 1,095 1,095 1,095 152 0605414N MQ-XX ............................................................................................................... 89,000 77,000 89,000 –12,000 77,000 

Excess Obligation .................................................................................... [–12,000 ] [–12,000 ] 

153 0605450N JOINT AIR-TO-GROUND MISSILE (JAGM) ........................................................... 17,880 17,880 17,880 17,880 

154 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) ................................................... 59,126 59,126 59,126 59,126 155 0605504N MULTI-MISSION MARITIME (MMA) INCREMENT III ............................................ 182,220 182,220 182,220 –30,000 152,220 

Program execution .................................................................................. [–30,000 ] 

156 0204202N DDG–1000 ........................................................................................................ 45,642 45,642 45,642 45,642 

159 0304231N TACTICAL COMMAND SYSTEM—MIP ................................................................ 676 676 676 676 160 0304785N TACTICAL CRYPTOLOGIC SYSTEMS ................................................................... 36,747 36,747 36,747 36,747 161 0305124N SPECIAL APPLICATIONS PROGRAM ................................................................... 35,002 35,002 35,002 35,002 


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162 0306250M CYBER OPERATIONS TECHNOLOGY DEVELOPMENT .......................................... 4,942 4,942 6,726 4,942 

Full spectrum cyber operations unfunded requirement ......................... [1,784 ] 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION ............................. 6,025,655 6,024,655 6,027,439 –96,738 5,928,917 

MANAGEMENT SUPPORT 

163 0604256N THREAT SIMULATOR DEVELOPMENT ................................................................. 16,633 16,633 16,633 16,633 164 0604258N TARGET SYSTEMS DEVELOPMENT .................................................................... 36,662 36,662 36,662 36,662 165 0604759N MAJOR T&E INVESTMENT ................................................................................. 42,109 42,109 42,109 42,109 166 0605126N JOINT THEATER AIR AND MISSILE DEFENSE ORGANIZATION ............................ 2,998 2,998 2,998 2,998 167 0605152N STUDIES AND ANALYSIS SUPPORT—NAVY ...................................................... 3,931 3,931 3,931 3,931 168 0605154N CENTER FOR NAVAL ANALYSES ........................................................................ 46,634 46,634 46,634 46,634 169 0605285N NEXT GENERATION FIGHTER ............................................................................. 1,200 1,200 1,200 1,200 171 0605804N TECHNICAL INFORMATION SERVICES ............................................................... 903 903 903 903 172 0605853N MANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT ................................. 87,077 87,077 76,277 87,077 

Unjustified growth .................................................................................. [–10,800 ] 

173 0605856N STRATEGIC TECHNICAL SUPPORT ..................................................................... 3,597 3,597 3,597 3,597 174 0605861N RDT&E SCIENCE AND TECHNOLOGY MANAGEMENT ......................................... 62,811 62,811 62,811 62,811 175 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT ............................................................. 106,093 106,093 106,093 106,093 176 0605864N TEST AND EVALUATION SUPPORT ..................................................................... 349,146 349,146 349,146 349,146 177 0605865N OPERATIONAL TEST AND EVALUATION CAPABILITY .......................................... 18,160 18,160 18,160 18,160 178 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW) SUPPORT ............................ 9,658 9,658 9,658 9,658 179 0605867N SEW SURVEILLANCE/RECONNAISSANCE SUPPORT ........................................... 6,500 6,500 6,500 6,500 180 0605873M MARINE CORPS PROGRAM WIDE SUPPORT ...................................................... 22,247 22,247 22,247 22,247181 0605898N MANAGEMENT HQ—R&D ................................................................................. 16,254 16,254 16,254 16,254 182 0606355N WARFARE INNOVATION MANAGEMENT .............................................................. 21,123 21,123 21,123 21,123 

SUBTOTAL MANAGEMENT SUPPORT ............................................................ 853,736 853,736 842,936 853,736 

OPERATIONAL SYSTEMS DEVELOPMENT 

188 0607658N COOPERATIVE ENGAGEMENT CAPABILITY (CEC) .............................................. 84,501 84,501 84,501 84,501 189 0607700N DEPLOYABLE JOINT COMMAND AND CONTROL ................................................ 2,970 2,970 2,970 2,970 190 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUPPORT ............................................. 136,556 136,556 136,556 136,556

191 0101224N SSBN SECURITY TECHNOLOGY PROGRAM ........................................................ 33,845 33,845 33,845 33,845 


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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

192 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOPMENT ............................................ 9,329 9,329 9,329 9,329 193 0101402N NAVY STRATEGIC COMMUNICATIONS ............................................................... 17,218 17,218 17,218 17,218 195 0204136N F/A–18 SQUADRONS ......................................................................................... 189,125 189,125 189,125 189,125 196 0204163N FLEET TELECOMMUNICATIONS (TACTICAL) ....................................................... 48,225 48,225 48,225 48,225 197 0204228N SURFACE SUPPORT ........................................................................................... 21,156 21,156 21,156 21,156 198 0204229N TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER (TMPC) ................. 71,355 71,355 71,355 71,355 199 0204311N INTEGRATED SURVEILLANCE SYSTEM .............................................................. 58,542 58,542 58,542 –1,484 57,058 

TASW prototypes excess growth .............................................................. [–1,484 ] 

200 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT CRAFT) ................... 13,929 13,929 13,929 13,929 201 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ATOR) .............................................. 83,538 83,538 83,538 83,538 202 0204571N CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT ........................................ 38,593 38,593 38,593 38,593 203 0204574N CRYPTOLOGIC DIRECT SUPPORT ...................................................................... 1,122 1,122 1,122 1,122 

204 0204575N ELECTRONIC WARFARE (EW) READINESS SUPPORT ......................................... 99,998 99,998 99,998 99,998 205 0205601N HARM IMPROVEMENT ....................................................................................... 48,635 48,635 48,635 48,635 206 0205604N TACTICAL DATA LINKS ...................................................................................... 124,785 124,785 124,785 124,785 207 0205620N SURFACE ASW COMBAT SYSTEM INTEGRATION ............................................... 24,583 24,583 24,583 24,583 208 0205632N MK–48 ADCAP .................................................................................................. 39,134 39,134 39,134 39,134 209 0205633N AVIATION IMPROVEMENTS ................................................................................ 120,861 120,861 120,861 120,861 210 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS ...................................................... 101,786 101,786 101,786 101,786 211 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS .................................................. 82,159 82,159 82,159 82,159 212 0206335M COMMON AVIATION COMMAND AND CONTROL SYSTEM (CAC2S) .................... 11,850 11,850 11,850 11,850 213 0206623M MARINE CORPS GROUND COMBAT/SUPPORTING ARMS SYSTEMS ................... 47,877 47,877 47,877 47,877 214 0206624M MARINE CORPS COMBAT SERVICES SUPPORT ................................................. 13,194 13,194 13,194 13,194 215 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS (MIP) ......................... 17,171 17,171 17,171 17,171 216 0206629M AMPHIBIOUS ASSAULT VEHICLE ....................................................................... 38,020 38,020 38,020 38,020 217 0207161N TACTICAL AIM MISSILES ................................................................................... 56,285 56,285 56,285 56,285 218 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) .......................... 40,350 40,350 40,350 40,350 


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219 0219902M GLOBAL COMBAT SUPPORT SYSTEM—MARINE CORPS (GCSS-MC) ................ 9,128 9,128 9,128 9,128 223 0303109N SATELLITE COMMUNICATIONS (SPACE) ............................................................ 37,372 37,372 37,372 37,372 224 0303138N CONSOLIDATED AFLOAT NETWORK ENTERPRISE SERVICES (CANES) ............... 23,541 23,541 23,541 23,541 225 0303140N INFORMATION SYSTEMS SECURITY PROGRAM ................................................. 38,510 38,510 38,510 38,510 228 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES ..................................... 6,019 6,019 6,019 6,019 229 0305204N TACTICAL UNMANNED AERIAL VEHICLES ......................................................... 8,436 8,436 8,436 8,436 230 0305205N UAS INTEGRATION AND INTEROPERABILITY ..................................................... 36,509 36,509 36,509 –3,000 33,509 

Prior year carryover ................................................................................. [–3,000 ] 

231 0305208M DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ..................................... 2,100 2,100 2,100 2,100 232 0305208N DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ..................................... 44,571 44,571 44,571 44,571 233 0305220N MQ–4C TRITON ................................................................................................. 111,729 111,729 111,729 111,729 

234 0305231N MQ–8 UAV ........................................................................................................ 26,518 26,518 26,518 26,518 235 0305232M RQ–11 UAV ....................................................................................................... 418 418 418 418 236 0305233N RQ–7 UAV ......................................................................................................... 716 716 716 716 237 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) .................................................... 5,071 5,071 5,071 5,071 238 0305239M RQ–21A ............................................................................................................ 9,497 9,497 9,497 9,497 239 0305241N MULTI-INTELLIGENCE SENSOR DEVELOPMENT ................................................. 77,965 77,965 77,965 77,965 240 0305242M UNMANNED AERIAL SYSTEMS (UAS) PAYLOADS (MIP) ..................................... 11,181 11,181 11,181 11,181 241 0305421N RQ–4 MODERNIZATION ..................................................................................... 181,266 181,266 181,266 181,266 242 0308601N MODELING AND SIMULATION SUPPORT ............................................................ 4,709 4,709 4,709 4,709243 0702207N DEPOT MAINTENANCE (NON-IF) ........................................................................ 49,322 54,322 49,322 49,322 

MH–60 Fleet Mid-Life Upgrades ............................................................. [5,000 ] 

245 0708730N MARITIME TECHNOLOGY (MARITECH) ............................................................... 3,204 3,204 3,204 3,204 

245A 9999999999 CLASSIFIED PROGRAMS .................................................................................... 1,228,460 1,228,460 1,228,460 1,228,460 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT .................................... 3,592,934 3,597,934 3,592,934 –4,484 3,588,450 

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY .................... 17,276,301 17,339,401 17,204,485 –197,638 17,078,663 

RESEARCH, DEVELOPMENT, TEST & EVAL, AF BASIC RESEARCH 

001 0601102F DEFENSE RESEARCH SCIENCES ....................................................................... 340,812 340,812 340,812 340,812 

002 0601103F UNIVERSITY RESEARCH INITIATIVES ................................................................. 145,044 145,044 145,044 145,044 


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1406 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

003 0601108F HIGH ENERGY LASER RESEARCH INITIATIVES .................................................. 14,168 14,168 14,168 14,168 

SUBTOTAL BASIC RESEARCH ....................................................................... 500,024 500,024 500,024 500,024 

APPLIED RESEARCH 

004 0602102F MATERIALS ........................................................................................................ 126,152 131,152 126,152 5,000 131,152 

Precision measuring tools ...................................................................... [5,000 ] [5,000 ] 

005 0602201F AEROSPACE VEHICLE TECHNOLOGIES .............................................................. 122,831 127,831 122,831 5,000 127,831 

Reusable Hypersonic vehicle structures development ........................... [5,000 ] [5,000 ] 

006 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH .................................................. 111,647 116,647 111,647 111,647 

Human-Machine Teaming ....................................................................... [5,000 ] 

007 0602203F AEROSPACE PROPULSION ................................................................................. 185,671 185,671 190,671 5,000 190,671 

Program increase .................................................................................... [5,000 ] [5,000 ] 

008 0602204F AEROSPACE SENSORS ...................................................................................... 155,174 155,174 155,174 155,174 

009 0602601F SPACE TECHNOLOGY ........................................................................................ 117,915 117,915 117,915 117,915 010 0602602F CONVENTIONAL MUNITIONS .............................................................................. 109,649 109,649 109,649 109,649 011 0602605F DIRECTED ENERGY TECHNOLOGY .................................................................... 127,163 127,163 127,163 127,163 012 0602788F DOMINANT INFORMATION SCIENCES AND METHODS ....................................... 161,650 161,650 161,650 161,650 013 0602890F HIGH ENERGY LASER RESEARCH ..................................................................... 42,300 42,300 47,300 42,300 

Joint technology office ............................................................................ [5,000 ] 

SUBTOTAL APPLIED RESEARCH ................................................................... 1,260,152 1,275,152 1,270,152 15,000 1,275,152 

ADVANCED TECHNOLOGY DEVELOPMENT 

014 0603112F ADVANCED MATERIALS FOR WEAPON SYSTEMS .............................................. 35,137 45,137 35,137 10,000 45,137 

Metals Affordability Initiative ................................................................. [10,000 ] [10,000 ] 

015 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) ........................................... 20,636 20,636 20,636 20,636 016 0603203F ADVANCED AEROSPACE SENSORS ................................................................... 40,945 40,945 40,945 40,945 

017 0603211F AEROSPACE TECHNOLOGY DEV/DEMO ............................................................. 130,950 130,950 130,950 130,950 


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018 0603216F AEROSPACE PROPULSION AND POWER TECHNOLOGY ..................................... 94,594 99,594 99,594 5,000 99,594 

Silicon Carbide for aerospace power application .................................. [5,000 ] [5,000 ] [5,000 ] 

019 0603270F ELECTRONIC COMBAT TECHNOLOGY ................................................................ 58,250 58,250 53,250 58,250 

General decrease .................................................................................... [–5,000 ] 

020 0603401F ADVANCED SPACECRAFT TECHNOLOGY ............................................................ 61,593 61,593 61,593 61,593 

021 0603444F MAUI SPACE SURVEILLANCE SYSTEM (MSSS) ................................................. 11,681 11,681 11,681 11,681 022 0603456F HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT .................. 26,492 26,492 26,492 26,492 023 0603601F CONVENTIONAL WEAPONS TECHNOLOGY .......................................................... 102,009 102,009 102,009 102,009 024 0603605F ADVANCED WEAPONS TECHNOLOGY ................................................................. 39,064 39,064 39,064 39,064 025 0603680F MANUFACTURING TECHNOLOGY PROGRAM ...................................................... 46,344 46,344 46,344 46,344 026 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT AND DEMONSTRATION ................. 58,110 58,110 48,110 58,110 

Unjustified increase ................................................................................ [–10,000 ] 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT ................................... 725,805 740,805 715,805 15,000 740,805 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

027 0603260F INTELLIGENCE ADVANCED DEVELOPMENT ........................................................ 5,598 5,598 5,598 5,598 028 0603438F SPACE CONTROL TECHNOLOGY ........................................................................ 7,534 7,534 7,534 7,534 

029 0603742F COMBAT IDENTIFICATION TECHNOLOGY ........................................................... 24,418 24,418 24,418 24,418 030 0603790F NATO RESEARCH AND DEVELOPMENT .............................................................. 4,333 4,333 4,333 4,333032 0603830F SPACE SECURITY AND DEFENSE PROGRAM ..................................................... 32,399 32,399 32,399 32,399033 0603851F INTERCONTINENTAL BALLISTIC MISSILE—DEM/VAL ........................................ 108,663 108,663 108,663 108,663 035 0604015F LONG RANGE STRIKE—BOMBER ..................................................................... 1,358,309 1,358,309 1,056,009 1,358,309 

Excess to contract award ....................................................................... [–302,300 ] 

036 0604257F ADVANCED TECHNOLOGY AND SENSORS ......................................................... 34,818 34,818 34,818 34,818 

037 0604317F TECHNOLOGY TRANSFER .................................................................................. 3,368 3,368 3,368 3,368 038 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM (HDBTDS) PROGRAM .. 74,308 74,308 74,308 74,308 039 0604422F WEATHER SYSTEM FOLLOW-ON ........................................................................ 118,953 113,953 118,953 –5,000 113,953 

Transfer Cloud Characterization and Theater Weather Imagery to NRO [–5,000 ] [–5,000 ] 

040 0604425F SPACE SITUATION AWARENESS SYSTEMS ........................................................ 9,901 9,901 9,901 9,901 041 0604776F DEPLOYMENT & DISTRIBUTION ENTERPRISE R&D ........................................... 25,890 25,890 25,890 25,890 042 0604857F OPERATIONALLY RESPONSIVE SPACE ............................................................... 7,921 27,921 17,921 10,500 18,421 

Program increase .................................................................................... [20,000 ] [10,000 ] [10,500 ] 


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1408 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

043 0604858F TECH TRANSITION PROGRAM ........................................................................... 347,304 347,304 347,304 347,304 044 0605230F GROUND BASED STRATEGIC DETERRENT ......................................................... 113,919 113,919 113,919 113,919 046 0207110F NEXT GENERATION AIR DOMINANCE ................................................................ 20,595 15,595 20,595 20,595 

Program reduction .................................................................................. [–5,000 ] 

047 0207455F THREE DIMENSIONAL LONG-RANGE RADAR (3DELRR) ..................................... 49,491 39,491 49,491 49,491 

Excess funding to need .......................................................................... [–10,000 ] 

048 0305164F NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) (SPACE) ........... 278,147 278,147 278,147 278,147 049 0305236F COMMON DATA LINK EXECUTIVE AGENT (CDL EA) .......................................... 42,338 42,338 42,338 42,338 050 0306250F CYBER OPERATIONS TECHNOLOGY DEVELOPMENT .......................................... 158,002 158,002 158,002 158,002 051 0306415F ENABLED CYBER ACTIVITIES ............................................................................ 15,842 15,842 15,842 15,842 

052 0901410F CONTRACTING INFORMATION TECHNOLOGY SYSTEM ....................................... 5,782 5,782 5,782 5,782 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ......... 2,847,833 2,847,833 2,555,533 5,500 2,853,333 

SYSTEM DEVELOPMENT & DEMONSTRATION 

054 0604270F ELECTRONIC WARFARE DEVELOPMENT ............................................................ 12,476 12,476 12,476 –3,300 9,176 

Improved GPS .......................................................................................... [–3,300 ] 

055 0604281F TACTICAL DATA NETWORKS ENTERPRISE ......................................................... 82,380 82,380 82,380 82,380 

056 0604287F PHYSICAL SECURITY EQUIPMENT ..................................................................... 8,458 8,458 8,458 8,458 057 0604329F SMALL DIAMETER BOMB (SDB)—EMD ............................................................ 54,838 54,838 54,838 –7,800 47,038 

Improved GPS .......................................................................................... [–7,800 ] 

058 0604421F COUNTERSPACE SYSTEMS ................................................................................ 34,394 34,394 34,394 34,394 

059 0604425F SPACE SITUATION AWARENESS SYSTEMS ........................................................ 23,945 23,945 23,945 23,945 

060 0604426F SPACE FENCE ................................................................................................... 168,364 168,364 168,364 168,364 061 0604429F AIRBORNE ELECTRONIC ATTACK ...................................................................... 9,187 9,187 9,187 9,187 062 0604441F SPACE BASED INFRARED SYSTEM (SBIRS) HIGH EMD .................................... 181,966 181,966 181,966 181,966 063 0604602F ARMAMENT/ORDNANCE DEVELOPMENT ............................................................ 20,312 20,312 20,312 20,312 064 0604604F SUBMUNITIONS ................................................................................................. 2,503 2,503 2,503 2,503 


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065 0604617F AGILE COMBAT SUPPORT ................................................................................. 53,680 53,680 53,680 53,680 066 0604618F JOINT DIRECT ATTACK MUNITION ..................................................................... 9,901 9,901 9,901 9,901 067 0604706F LIFE SUPPORT SYSTEMS .................................................................................. 7,520 7,520 7,520 7,520 068 0604735F COMBAT TRAINING RANGES ............................................................................. 77,409 77,409 77,409 77,409 069 0604800F F–35—EMD ...................................................................................................... 450,467 450,467 450,467 450,467 070 0604853F EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM (SPACE)—EMD ............. 296,572 100,000 296,572 –136,572 160,000 

Launch System Development .................................................................. [100,000 ] [160,000 ] Next Generation Launch System Investment .......................................... [–296,572 ] [–296,572 ] 

070A 0604XXXF ROCKET PROPULSION SYSTEM ......................................................................... 220,000 220,000 220,000 

Rocket Propulsion System Replacement of RD–180 .............................. [220,000 ] [220,000 ] 

071 0604932F LONG RANGE STANDOFF WEAPON .................................................................... 95,604 95,604 95,604 95,604 

072 0604933F ICBM FUZE MODERNIZATION ............................................................................ 189,751 189,751 189,751 189,751 073 0605030F JOINT TACTICAL NETWORK CENTER (JTNC) ...................................................... 1,131 1,131 1,131 1,131 074 0605213F F–22 MODERNIZATION INCREMENT 3.2B ......................................................... 70,290 70,290 70,290 70,290 

075 0605214F GROUND ATTACK WEAPONS FUZE DEVELOPMENT ........................................... 937 937 937 937 076 0605221F KC–46 ............................................................................................................... 261,724 121,724 121,724 –140,000 121,724 

Scope Reduction ..................................................................................... [–140,000 ] [–140,000 ] [–140,000 ] 

077 0605223F ADVANCED PILOT TRAINING ............................................................................. 12,377 12,377 4,477 –5,000 7,377 

Early to need ........................................................................................... [–7,900 ] [–5,000 ] 

078 0605229F CSAR HH–60 RECAPITALIZATION ..................................................................... 319,331 319,331 319,331 –15,000 304,331 

Forward financing ................................................................................... [–15,000 ] 

080 0605431F ADVANCED EHF MILSATCOM (SPACE) .............................................................. 259,131 259,131 229,131 –30,000 229,131 

Delayed analysis of alternatives ............................................................ [–30,000 ] [–30,000 ] 

081 0605432F POLAR MILSATCOM (SPACE) ............................................................................ 50,815 50,815 50,815 50,815 

082 0605433F WIDEBAND GLOBAL SATCOM (SPACE) .............................................................. 41,632 41,632 41,632 10,000 51,632 

COMSATCOM pilot program .................................................................... [10,000 ] 

083 0605458F AIR & SPACE OPS CENTER 10.2 RDT&E ......................................................... 28,911 28,911 28,911 28,911 

084 0605931F B–2 DEFENSIVE MANAGEMENT SYSTEM .......................................................... 315,615 288,957 288,915 –26,700 288,915 

Scope Reduction ..................................................................................... [–26,658 ] [–26,700 ] [–26,700 ] 

085 0101125F NUCLEAR WEAPONS MODERNIZATION .............................................................. 137,909 137,909 137,909 137,909 086 0207171F F–15 EPAWSS ................................................................................................... 256,669 256,669 256,669 256,669 087 0207701F FULL COMBAT MISSION TRAINING .................................................................... 12,051 12,051 12,051 12,051 


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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

088 0305176F COMBAT SURVIVOR EVADER LOCATOR ............................................................ 29,253 29,253 29,253 29,253 089 0307581F JSTARS RECAP .................................................................................................. 128,019 128,019 128,019 128,019 090 0401319F PRESIDENTIAL AIRCRAFT REPLACEMENT (PAR) ............................................... 351,220 351,220 351,220 351,220 091 0701212F AUTOMATED TEST SYSTEMS ............................................................................. 19,062 19,062 19,062 19,062 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION ............................. 4,075,804 3,932,574 3,871,204 –134,372 3,941,432 

MANAGEMENT SUPPORT 

092 0604256F THREAT SIMULATOR DEVELOPMENT ................................................................. 21,630 21,630 21,630 21,630 093 0604759F MAJOR T&E INVESTMENT ................................................................................. 66,385 66,385 66,385 66,385 094 0605101F RAND PROJECT AIR FORCE .............................................................................. 34,641 34,641 34,641 34,641 096 0605712F INITIAL OPERATIONAL TEST & EVALUATION ..................................................... 11,529 11,529 11,529 11,529 097 0605807F TEST AND EVALUATION SUPPORT ..................................................................... 661,417 661,417 661,417 661,417 098 0605860F ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) ............................................... 11,198 11,198 11,198 11,198 099 0605864F SPACE TEST PROGRAM (STP) ........................................................................... 27,070 27,070 27,070 27,070 100 0605976F FACILITIES RESTORATION AND MODERNIZATION—TEST AND EVALUATION 

SUPPORT.

134,111 134,111 134,111 134,111 

101 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT ........................ 28,091 28,091 28,091 28,091 102 0606017F REQUIREMENTS ANALYSIS AND MATURATION .................................................. 29,100 29,100 29,100 29,100 103 0606116F SPACE TEST AND TRAINING RANGE DEVELOPMENT ......................................... 18,528 18,528 18,528 18,528 104 0606392F SPACE AND MISSILE CENTER (SMC) CIVILIAN WORKFORCE ............................ 176,666 176,666 176,666 176,666 105 0308602F ENTEPRISE INFORMATION SERVICES (EIS) ....................................................... 4,410 4,410 4,410 4,410106 0702806F ACQUISITION AND MANAGEMENT SUPPORT ..................................................... 14,613 14,613 14,613 14,613107 0804731F GENERAL SKILL TRAINING ................................................................................ 1,404 1,404 1,404 1,404 109 1001004F INTERNATIONAL ACTIVITIES .............................................................................. 4,784 4,784 4,784 4,784 

SUBTOTAL MANAGEMENT SUPPORT ............................................................ 1,245,577 1,245,577 1,245,577 1,245,577 

OPERATIONAL SYSTEMS DEVELOPMENT 


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110 0603423F GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL SEGMENT .......... 393,268 393,268 393,268 393,268 111 0604233F SPECIALIZED UNDERGRADUATE FLIGHT TRAINING ........................................... 15,427 15,427 15,427 15,427 112 0604445F WIDE AREA SURVEILLANCE .............................................................................. 46,695 46,695 46,695 46,695 115 0605018F AF INTEGRATED PERSONNEL AND PAY SYSTEM (AF-IPPS) .............................. 10,368 10,368 10,368 10,368 116 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY ............................................ 31,952 31,952 31,952 31,952 117 0605117F FOREIGN MATERIEL ACQUISITION AND EXPLOITATION ..................................... 42,960 42,960 42,960 42,960 118 0605278F HC/MC–130 RECAP RDT&E .............................................................................. 13,987 13,987 13,987 13,987 119 0101113F B–52 SQUADRONS ........................................................................................... 78,267 78,267 78,267 78,267 120 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) ......................................................... 453 453 453 453 121 0101126F B–1B SQUADRONS ........................................................................................... 5,830 5,830 5,830 5,830 122 0101127F B–2 SQUADRONS ............................................................................................. 152,458 152,458 152,458 152,458 123 0101213F MINUTEMAN SQUADRONS ................................................................................. 182,958 182,958 182,958 182,958 124 0101313F STRAT WAR PLANNING SYSTEM—USSTRATCOM .............................................. 39,148 39,148 39,148 39,148 126 0101316F WORLDWIDE JOINT STRATEGIC COMMUNICATIONS .......................................... 6,042 6,042 6,042 6,042 128 0102110F UH–1N REPLACEMENT PROGRAM .................................................................... 14,116 14,116 14,116 14,116 129 0102326F REGION/SECTOR OPERATION CONTROL CENTER MODERNIZATION PROGRAM 10,868 10,868 10,868 10,868 130 0105921F SERVICE SUPPORT TO STRATCOM—SPACE ACTIVITIES .................................. 8,674 8,674 8,674 8,674 131 0205219F MQ–9 UAV ........................................................................................................ 151,373 200,373 186,473 10,000 161,373 

Auto take-off and landing capability ..................................................... [35,000 ] [35,100 ] [10,000 ] Tactical Datalink Integration .................................................................. [14,000 ] 

133 0207131F A–10 SQUADRONS ............................................................................................ 14,853 14,853 14,853 14,853 

134 0207133F F–16 SQUADRONS ............................................................................................ 132,795 132,795 132,795 132,795 135 0207134F F–15E SQUADRONS .......................................................................................... 356,717 356,717 356,717 356,717 136 0207136F MANNED DESTRUCTIVE SUPPRESSION ............................................................. 14,773 14,773 14,773 14,773 

137 0207138F F–22A SQUADRONS .......................................................................................... 387,564 387,564 387,564 –8,100 379,464 

Improved GPS .......................................................................................... [–8,100 ] 

138 0207142F F–35 SQUADRONS ............................................................................................ 153,045 153,045 153,045 –5,500 147,545 

Follow-on development—excess funds .................................................. [–5,500 ] 

139 0207161F TACTICAL AIM MISSILES ................................................................................... 52,898 52,898 52,898 52,898 

140 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) .......................... 62,470 62,470 62,470 62,470 143 0207227F COMBAT RESCUE—PARARESCUE .................................................................... 362 362 362 362 144 0207247F AF TENCAP ....................................................................................................... 28,413 31,613 28,413 28,413 


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1412 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

Restore FY16 level .................................................................................. [3,200 ] 

145 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT ................................................. 649 649 649 649 146 0207253F COMPASS CALL ................................................................................................ 13,723 50,823 13,723 37,100 50,823 

Compass Call Program Restructure ....................................................... [37,100 ] [37,100 ] 

147 0207268F AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM ............................. 109,859 109,859 109,859 109,859 148 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM) ....................................... 30,002 30,002 30,002 30,002 149 0207410F AIR & SPACE OPERATIONS CENTER (AOC) ...................................................... 37,621 37,621 37,621 –12,278 25,343 

Weapon system modification .................................................................. [–12,278 ] 

150 0207412F CONTROL AND REPORTING CENTER (CRC) ...................................................... 13,292 13,292 13,292 13,292 

151 0207417F AIRBORNE WARNING AND CONTROL SYSTEM (AWACS) ................................... 86,644 86,644 86,644 86,644 152 0207418F TACTICAL AIRBORNE CONTROL SYSTEMS ........................................................ 2,442 2,442 2,442 2,442 154 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES ............................................. 10,911 15,911 10,911 5,000 15,911 

Geospatial software development ........................................................... [5,000 ] [5,000 ] 

155 0207444F TACTICAL AIR CONTROL PARTY-MOD ............................................................... 11,843 11,843 11,843 11,843 

156 0207448F C2ISR TACTICAL DATA LINK ............................................................................. 1,515 1,515 1,515 1,515 157 0207452F DCAPES ............................................................................................................. 14,979 14,979 14,979 14,979 158 0207590F SEEK EAGLE ...................................................................................................... 25,308 25,308 25,308 25,308 159 0207601F USAF MODELING AND SIMULATION .................................................................. 16,666 16,666 16,666 16,666 160 0207605F WARGAMING AND SIMULATION CENTERS ......................................................... 4,245 4,245 4,245 4,245 161 0207697F DISTRIBUTED TRAINING AND EXERCISES ......................................................... 3,886 3,886 3,886 3,886162 0208006F MISSION PLANNING SYSTEMS .......................................................................... 71,785 71,785 71,785 71,785 164 0208087F AF OFFENSIVE CYBERSPACE OPERATIONS ....................................................... 25,025 25,025 25,025 25,025 165 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS ....................................................... 29,439 29,439 29,439 29,439 168 0301017F GLOBAL SENSOR INTEGRATED ON NETWORK (GSIN) ....................................... 3,470 3,470 3,470 3,470 169 0301112F NUCLEAR PLANNING AND EXECUTION SYSTEM (NPES) ................................... 4,060 4,060 4,060 4,060 175 0301400F SPACE SUPERIORITY INTELLIGENCE ................................................................. 13,880 13,880 13,880 13,880 176 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC) .............................. 30,948 30,948 30,948 30,948 


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177 0303001F FAMILY OF ADVANCED BLOS TERMINALS (FAB-T) ........................................... 42,378 42,378 42,378 42,378 178 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) .... 47,471 47,471 47,471 47,471 179 0303140F INFORMATION SYSTEMS SECURITY PROGRAM ................................................. 46,388 46,388 46,388 46,388 180 0303141F GLOBAL COMBAT SUPPORT SYSTEM ................................................................ 52 52 52 52 181 0303142F GLOBAL FORCE MANAGEMENT—DATA INITIATIVE ........................................... 2,099 2,099 2,099 2,099 184 0304260F AIRBORNE SIGINT ENTERPRISE ........................................................................ 90,762 90,762 90,762 90,762 187 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) ................................................... 4,354 4,354 4,354 4,354 188 0305110F SATELLITE CONTROL NETWORK (SPACE) .......................................................... 15,624 15,624 15,624 15,624 189 0305111F WEATHER SERVICE ........................................................................................... 19,974 22,974 19,974 3,000 22,974 

Commercial Weather Pilot Program ........................................................ [3,000 ] [3,000 ] 

190 0305114F AIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM (ATCALS) ............ 9,770 9,770 9,770 9,770 191 0305116F AERIAL TARGETS .............................................................................................. 3,051 3,051 3,051 3,051 

194 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES ....................................................... 405 405 405 405 195 0305145F ARMS CONTROL IMPLEMENTATION ................................................................... 4,844 4,844 4,844 4,844 

196 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES ........................................ 339 339 339 339 199 0305173F SPACE AND MISSILE TEST AND EVALUATION CENTER ..................................... 3,989 3,989 3,989 3,989 200 0305174F SPACE INNOVATION, INTEGRATION AND RAPID TECHNOLOGY DEVELOPMENT 3,070 3,070 3,070 3,070 201 0305179F INTEGRATED BROADCAST SERVICE (IBS) ......................................................... 8,833 8,833 8,833 8,833202 0305182F SPACELIFT RANGE SYSTEM (SPACE) ................................................................ 11,867 11,867 11,867 11,867 203 0305202F DRAGON U–2 .................................................................................................... 37,217 37,217 37,217 37,217 205 0305206F AIRBORNE RECONNAISSANCE SYSTEMS .......................................................... 3,841 18,841 3,841 15,000 18,841 

Wide area motion imagery ...................................................................... [15,000 ] [15,000 ] 

206 0305207F MANNED RECONNAISSANCE SYSTEMS ............................................................. 20,975 20,975 20,975 20,975 

207 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ..................................... 18,902 18,902 18,902 18,902 208 0305220F RQ–4 UAV ........................................................................................................ 256,307 256,307 256,307 256,307 209 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING ............................................ 22,610 16,310 22,610 22,610 

Program reduction .................................................................................. [–6,300 ] 

211 0305238F NATO AGS ......................................................................................................... 38,904 38,904 38,904 38,904 212 0305240F SUPPORT TO DCGS ENTERPRISE ...................................................................... 23,084 23,084 23,084 23,084 213 0305258F ADVANCED EVALUATION PROGRAM .................................................................. 116,143 116,143 116,143 116,143 214 0305265F GPS III SPACE SEGMENT .................................................................................. 141,888 141,888 141,888 141,888 215 0305600F INTERNATIONAL INTELLIGENCE TECHNOLOGY AND ARCHITECTURES ............... 2,360 2,360 2,360 2,360 


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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

216 0305614F JSPOC MISSION SYSTEM .................................................................................. 72,889 72,889 72,889 72,889 217 0305881F RAPID CYBER ACQUISITION .............................................................................. 4,280 4,280 4,280 4,280 218 0305906F NCMC—TW/AA SYSTEM ................................................................................... 4,951 4,951 4,951 4,951 219 0305913F NUDET DETECTION SYSTEM (SPACE) ............................................................... 21,093 21,093 21,093 21,093 220 0305940F SPACE SITUATION AWARENESS OPERATIONS ................................................... 35,002 35,002 35,002 35,002222 0308699F SHARED EARLY WARNING (SEW) ...................................................................... 6,366 6,366 6,366 6,366 223 0401115F C–130 AIRLIFT SQUADRON .............................................................................. 15,599 15,599 15,599 15,599 224 0401119F C–5 AIRLIFT SQUADRONS (IF) .......................................................................... 66,146 66,146 66,146 66,146 225 0401130F C–17 AIRCRAFT (IF) ......................................................................................... 12,430 12,430 12,430 12,430 226 0401132F C–130J PROGRAM ............................................................................................ 16,776 16,776 16,776 16,776 227 0401134F LARGE AIRCRAFT IR COUNTERMEASURES (LAIRCM) ....................................... 5,166 5,166 5,166 5,166 229 0401314F OPERATIONAL SUPPORT AIRLIFT ...................................................................... 13,817 13,817 13,817 13,817 230 0401318F CV–22 ............................................................................................................... 16,702 16,702 16,702 16,702 231 0408011F SPECIAL TACTICS / COMBAT CONTROL ............................................................ 7,164 7,164 7,164 7,164 232 0702207F DEPOT MAINTENANCE (NON-IF) ........................................................................ 1,518 1,518 1,518 1,518 233 0708610F LOGISTICS INFORMATION TECHNOLOGY (LOGIT) .............................................. 61,676 61,676 61,676 61,676 234 0708611F SUPPORT SYSTEMS DEVELOPMENT .................................................................. 9,128 9,128 9,128 9,128 235 0804743F OTHER FLIGHT TRAINING .................................................................................. 1,653 1,653 1,653 1,653 236 0808716F OTHER PERSONNEL ACTIVITIES ........................................................................ 57 57 57 57 237 0901202F JOINT PERSONNEL RECOVERY AGENCY ........................................................... 3,663 3,663 3,663 3,663 238 0901218F CIVILIAN COMPENSATION PROGRAM ................................................................ 3,735 3,735 3,735 3,735 239 0901220F PERSONNEL ADMINISTRATION .......................................................................... 5,157 5,157 5,157 5,157 240 0901226F AIR FORCE STUDIES AND ANALYSIS AGENCY .................................................. 1,523 1,523 1,523 1,523 242 0901538F FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT .................. 10,581 10,581 3,781 10,581 

Cost estimating unjustified requset ....................................................... [–4,900 ] PBES unjustified request ........................................................................ [–1,900 ] 

242A 9999999999 CLASSIFIED PROGRAMS .................................................................................... 13,091,557 13,091,557 13,091,557 13,091,557 


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SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT .................................... 17,457,056 17,563,056 17,485,356 44,222 17,501,278 

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, AF ........................ 28,112,251 28,105,021 27,643,651 –54,650 28,057,601 

RESEARCH, DEVELOPMENT, TEST & EVAL, DW BASIC RESEARCH 

001 0601000BR DTRA BASIC RESEARCH INITIATIVE .................................................................. 35,436 35,436 35,436 35,436 

002 0601101E DEFENSE RESEARCH SCIENCES ....................................................................... 362,297 352,297 362,297 362,297 

Program reduction .................................................................................. [–10,000 ] 

003 0601110D8Z BASIC RESEARCH INITIATIVES .......................................................................... 36,654 36,654 36,654 36,654 

004 0601117E BASIC OPERATIONAL MEDICAL RESEARCH SCIENCE ....................................... 57,791 57,791 57,791 57,791 005 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM ..................................................... 69,345 79,345 69,345 10,000 79,345 

K–12 STEM program increase ................................................................ [10,000 ] [10,000 ] 

006 0601228D8Z HISTORICALLY BLACK COLLEGES AND UNIVERSITIES/MINORITY INSTITUTIONS 23,572 33,572 23,572 10,000 33,572 

Program increase .................................................................................... [10,000 ] [10,000 ] 

007 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ........................................... 44,800 44,800 44,800 44,800 

SUBTOTAL BASIC RESEARCH ....................................................................... 629,895 639,895 629,895 20,000 649,895 

APPLIED RESEARCH 

008 0602000D8Z JOINT MUNITIONS TECHNOLOGY ....................................................................... 17,745 17,745 17,745 17,745 

009 0602115E BIOMEDICAL TECHNOLOGY ............................................................................... 115,213 105,213 115,213 115,213 

Program reduction .................................................................................. [–10,000 ] 

010 0602230D8Z DEFENSE TECHNOLOGY INNOVATION ................................................................ 30,000 30,000 –30,000 0 

Program decrease ................................................................................... [–30,000 ] [–30,000 ] 

011 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM ................................................. 48,269 48,269 48,269 48,269 012 0602251D8Z APPLIED RESEARCH FOR THE ADVANCEMENT OF S&T PRIORITIES ................. 42,206 42,206 42,206 42,206 013 0602303E INFORMATION & COMMUNICATIONS TECHNOLOGY .......................................... 353,635 348,635 353,635 353,635 

Program reduction .................................................................................. [–5,000 ] 

014 0602383E BIOLOGICAL WARFARE DEFENSE ...................................................................... 21,250 21,250 21,250 21,250 

015 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ........................................... 188,715 188,715 188,715 188,715016 0602668D8Z CYBER SECURITY RESEARCH ........................................................................... 12,183 12,183 12,183 12,183 017 0602702E TACTICAL TECHNOLOGY .................................................................................... 313,843 313,843 313,843 313,843 


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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

018 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY ..................................................... 220,456 210,456 220,456 –6,000 214,456 

Program reduction .................................................................................. [–10,000 ] [–6,000 ] 

019 0602716E ELECTRONICS TECHNOLOGY ............................................................................. 221,911 221,911 221,911 221,911 

020 0602718BR WEAPONS OF MASS DESTRUCTION DEFEAT TECHNOLOGIES ............................ 154,857 154,857 154,857 154,857 021 0602751D8Z SOFTWARE ENGINEERING INSTITUTE (SEI) APPLIED RESEARCH ...................... 8,420 8,420 8,420 8,420 022 1160401BB SOF TECHNOLOGY DEVELOPMENT .................................................................... 37,820 37,820 37,820 37,820 

SUBTOTAL APPLIED RESEARCH ................................................................... 1,786,523 1,731,523 1,786,523 –36,000 1,750,523 

ADVANCED TECHNOLOGY DEVELOPMENT 

023 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY .................................................... 23,902 23,902 23,902 23,902 

025 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT ............................................ 73,002 100,002 73,002 73,002 

Additional EOD equipment for Conventional Units ................................ [12,000 ] Program increase for DOD CT and C-UAS ............................................. [15,000 ] 

026 0603133D8Z FOREIGN COMPARATIVE TESTING ..................................................................... 19,343 29,343 19,343 10,000 29,343 

Anti-tunnel defense systems .................................................................. [10,000 ] [10,000 ] 

027 0603160BR COUNTERPROLIFERATION INITIATIVES—PROLIFERATION PREVENTION AND 

DEFEAT.

266,444 266,444 266,444 266,444 

028 0603176C ADVANCED CONCEPTS AND PERFORMANCE ASSESSMENT .............................. 17,880 17,880 17,880 17,880 030 0603178C WEAPONS TECHNOLOGY ................................................................................... 71,843 71,843 71,843 71,843 031 0603179C ADVANCED C4ISR ............................................................................................. 3,626 3,626 3,626 3,626 032 0603180C ADVANCED RESEARCH ...................................................................................... 23,433 23,433 23,433 23,433 033 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT .............................. 17,256 17,256 17,256 17,256 035 0603274C SPECIAL PROGRAM—MDA TECHNOLOGY ......................................................... 83,745 108,745 83,745 –71,950 11,795 

Classified Annex ..................................................................................... [25,000 ] Program reduction .................................................................................. [–71,950 ] 

036 0603286E ADVANCED AEROSPACE SYSTEMS .................................................................... 182,327 177,327 182,327 182,327 

Program reduction .................................................................................. [–5,000 ] 


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037 0603287E SPACE PROGRAMS AND TECHNOLOGY ............................................................. 175,240 165,240 175,240 –10,000 165,240 

Program reduction .................................................................................. [–10,000 ] [–10,000 ] 

038 0603288D8Z ANALYTIC ASSESSMENTS .................................................................................. 12,048 12,048 12,048 12,048 

039 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS ......................................... 57,020 57,020 57,020 57,020 041 0603375D8Z TECHNOLOGY INNOVATION ............................................................................... 39,923 19,923 39,923 –20,000 19,923 

Program decrease ................................................................................... [–20,000 ] [–20,000 ] 

042 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT. 127,941 127,941 127,941 127,941 

043 0603527D8Z RETRACT LARCH ............................................................................................... 181,977 181,977 181,977 181,977 044 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY .................................................. 22,030 22,030 22,030 22,030 045 0603648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS ........................................ 148,184 158,184 148,184 –16,000 132,184 

Program decrease ................................................................................... [–16,000 ] Social Medial Analysis Cell .................................................................... [10,000 ] 

046 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES ................................................ 9,331 9,331 9,331 9,331 047 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM ...... 158,398 148,398 158,398 158,398 

Program decrease ................................................................................... [–10,000 ] 

048 0603680S MANUFACTURING TECHNOLOGY PROGRAM ...................................................... 31,259 31,259 31,259 31,259 049 0603699D8Z EMERGING CAPABILITIES TECHNOLOGY DEVELOPMENT ................................... 49,895 49,895 49,895 49,895 050 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS ............................ 11,011 11,011 11,011 11,011 052 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM ........................................ 65,078 65,078 65,078 65,078 053 0603720S MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT .................. 97,826 97,826 97,826 97,826 054 0603727D8Z JOINT WARFIGHTING PROGRAM ........................................................................ 7,848 7,848 7,848 –2,500 5,348 

Prior year carryover ................................................................................. [–2,500 ] 

055 0603739E ADVANCED ELECTRONICS TECHNOLOGIES ....................................................... 49,807 49,807 49,807 49,807 

056 0603760E COMMAND, CONTROL AND COMMUNICATIONS SYSTEMS ................................. 155,081 155,081 155,081 155,081 057 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY ................................................... 428,894 428,894 428,894 428,894 058 0603767E SENSOR TECHNOLOGY ...................................................................................... 241,288 241,288 241,288 241,288 060 0603781D8Z SOFTWARE ENGINEERING INSTITUTE ................................................................ 14,264 14,264 14,264 14,264 061 0603826D8Z QUICK REACTION SPECIAL PROJECTS .............................................................. 74,943 72,943 74,943 –2,000 72,943 

QRSP ........................................................................................................ [–2,000 ] [–2,000 ]

063 0603833D8Z ENGINEERING SCIENCE & TECHNOLOGY .......................................................... 17,659 17,659 17,659 17,659 064 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY ............................................... 87,135 87,135 87,135 87,135


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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

065 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT ......................................... 37,329 37,329 41,329 4,000 41,329 

Competitive technology investment ........................................................ [4,000 ] [4,000 ] 

066 0303310D8Z CWMD SYSTEMS ............................................................................................... 44,836 21,236 44,836 –23,600 21,236 

Constellation program reduction ............................................................ [–23,600 ] [–23,600 ] 

067 1160402BB SOF ADVANCED TECHNOLOGY DEVELOPMENT ................................................. 61,620 61,620 61,620 61,620 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT ................................... 3,190,666 3,192,066 3,194,666 –132,050 3,058,616 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES 

068 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E 

ADC&P.

28,498 28,498 28,498 28,498 

069 0603600D8Z WALKOFF ........................................................................................................... 89,643 89,643 89,643 89,643 071 0603821D8Z ACQUISITION ENTERPRISE DATA & INFORMATION SERVICES .......................... 2,136 2,136 2,136 2,136 072 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM ................ 52,491 52,491 52,491 52,491 073 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT .......................... 206,834 206,834 206,834 206,834 074 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT ....................... 862,080 862,080 862,080 862,080 075 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/VAL ......................... 138,187 138,187 138,187 138,187 076 0603884C BALLISTIC MISSILE DEFENSE SENSORS ........................................................... 230,077 230,077 230,077 230,077 077 0603890C BMD ENABLING PROGRAMS ............................................................................. 401,594 401,594 401,594 401,594 078 0603891C SPECIAL PROGRAMS—MDA ............................................................................. 321,607 321,607 321,607 –16,900 304,707 

Program reduction .................................................................................. [–16,900 ] 

079 0603892C AEGIS BMD ....................................................................................................... 959,066 959,066 959,066 –20,000 939,066 

SM–3 IIA development excess growth .................................................... [–20,000 ] 

080 0603893C SPACE TRACKING & SURVEILLANCE SYSTEM .................................................. 32,129 32,129 32,129 32,129 081 0603895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE PROGRAMS .............................. 20,690 20,690 20,690 20,690 082 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND CONTROL, BATTLE MANAGEMENT AND COMMUNICATI. 439,617 439,617 449,617 3,900 443,517 


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Post Intercept Assessment Acceleration ................................................. [10,000 ] [3,900 ] 

083 0603898C BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER SUPPORT ............................ 47,776 47,776 47,776 47,776 084 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS CENTER (MDIOC) ................. 54,750 54,750 54,750 54,750 085 0603906C REGARDING TRENCH ........................................................................................ 8,785 8,785 8,785 8,785 

086 0603907C SEA BASED X-BAND RADAR (SBX) ................................................................... 68,787 68,787 68,787 68,787 087 0603913C ISRAELI COOPERATIVE PROGRAMS .................................................................. 103,835 293,835 238,835 164,900 268,735 

Directed Energy Cooperation through MDA ............................................ [25,000 ] Increase for Cooperative Development Programs subject to Title XVI .. [165,000 ] [135,000 ] [164,900 ] 

088 0603914C BALLISTIC MISSILE DEFENSE TEST .................................................................. 293,441 293,441 293,441 293,441 

089 0603915C BALLISTIC MISSILE DEFENSE TARGETS ............................................................ 563,576 563,576 563,576 563,576 090 0603920D8Z HUMANITARIAN DEMINING ................................................................................ 10,007 10,007 10,007 10,007 091 0603923D8Z COALITION WARFARE ........................................................................................ 10,126 10,126 11,126 10,126 

Long Endurance UAS .............................................................................. [1,000 ] 

092 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM ......................................... 3,893 3,893 8,893 5,000 8,893 

Corrosion prevention ............................................................................... [5,000 ] [5,000 ] 

093 0604115C TECHNOLOGY MATURATION INITIATIVES ........................................................... 90,266 105,266 90,266 90,266 

Directed Energy Acceleration—Low Power Laser Demonstrator - to reclaim schdule slippage. [15,000 ] 

094 0604132D8Z MISSILE DEFEAT PROJECT ................................................................................ 45,000 45,000 45,000 45,000 095 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES .......................................................... 844,870 794,870 844,870 –15,000 829,870 

SCO .......................................................................................................... [–50,000 ] [–15,000 ] 

096 0604342D8Z DEFENSE TECHNOLOGY OFFSET ....................................................................... 25,000 

Directed energy systems prototyping ...................................................... [25,000 ] 

097 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED SYSTEM COMMON DEVELOPMENT. 3,320 3,320 3,320 3,320 099 0604682D8Z WARGAMING AND SUPPORT FOR STRATEGIC ANALYSIS (SSA) ........................ 4,000 4,000 4,000 4,000 102 0604826J JOINT C5 CAPABILITY DEVELOPMENT, INTEGRATION AND INTEROPERABILITY 

ASSESSMENTS.

23,642 23,642 23,642 23,642 

104 0604873C LONG RANGE DISCRIMINATION RADAR (LRDR) ................................................ 162,012 162,012 162,012 162,012 

105 0604874C IMPROVED HOMELAND DEFENSE INTERCEPTORS ............................................ 274,148 274,148 329,148 274,148 

GBI Booster Acceleration ........................................................................ [30,000 ] RKV Risk Reduction ................................................................................ [25,000 ] 


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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

106 0604876C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT TEST ................. 63,444 63,444 63,444 63,444 107 0604878C AEGIS BMD TEST .............................................................................................. 95,012 95,012 95,012 95,012 108 0604879C BALLISTIC MISSILE DEFENSE SENSOR TEST .................................................... 83,250 83,250 83,250 83,250 109 0604880C LAND-BASED SM–3 (LBSM3) ........................................................................... 43,293 43,293 43,293 43,293 110 0604881C AEGIS SM–3 BLOCK IIA CO-DEVELOPMENT ..................................................... 106,038 106,038 106,038 106,038 111 0604887C BALLISTIC MISSILE DEFENSE MIDCOURSE SEGMENT TEST ............................. 56,481 56,481 56,481 56,481 112 0604894C MULTI-OBJECT KILL VEHICLE ........................................................................... 71,513 71,513 121,513 71,513 

Technology maturation ............................................................................ [50,000 ] 

114 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY (JET) PROGRAM ................................ 2,636 2,636 2,636 2,636 115 0305103C CYBER SECURITY INITIATIVE ............................................................................ 969 969 969 969 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES ..... 6,919,519 7,074,519 7,200,519 121,900 7,041,419 

115A 0604XXXD WEATHER SYSTEM FOLLOW-ON ........................................................................ 5,000 5,000 5,000

Transfer Cloud Characterization and Theater Weather Imagery from 

USAF.

[5,000 ] [5,000 ] 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ......... 5,000 5,000 5,000 

SYSTEM DEVELOPMENT AND DEMONSTRATION 

116 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E SDD 10,324 10,324 10,324 10,324 117 0604165D8Z PROMPT GLOBAL STRIKE CAPABILITY DEVELOPMENT ...................................... 181,303 186,303 181,303 181,303

Examination of Army land-attack and anti-ship capability .................. [5,000 ] 

118 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD ................................ 266,231 266,231 266,231 266,231 119 0604764K ADVANCED IT SERVICES JOINT PROGRAM OFFICE (AITS-JPO) ......................... 15,000 

Commercial IT Eval Program .................................................................. [15,000 ] 

120 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM (JTIDS) ....................... 16,288 16,288 16,288 16,288 121 0605000BR WEAPONS OF MASS DESTRUCTION DEFEAT CAPABILITIES ............................... 4,568 4,568 4,568 4,568 122 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT .................................................... 11,505 11,505 11,505 11,505

123 0605021SE HOMELAND PERSONNEL SECURITY INITIATIVE ................................................. 1,658 1,658 1,658 1,658 


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124 0605022D8Z DEFENSE EXPORTABILITY PROGRAM ................................................................ 2,920 2,920 2,920 2,920 126 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT AND DEMONSTRATION ................ 12,631 12,631 12,631 12,631 128 0605080S DEFENSE AGENCY INTIATIVES (DAI)—FINANCIAL SYSTEM .............................. 26,657 26,657 26,657 26,657 129 0605090S DEFENSE RETIRED AND ANNUITANT PAY SYSTEM (DRAS) ............................... 4,949 4,949 4,949 4,949 130 0605140D8Z TRUSTED FOUNDRY .......................................................................................... 69,000 69,000 69,000 69,000 131 0605210D8Z DEFENSE-WIDE ELECTRONIC PROCUREMENT CAPABILITIES ............................ 9,881 9,881 9,881 9,881 132 0303141K GLOBAL COMBAT SUPPORT SYSTEM ................................................................ 7,600 7,600 7,600 7,600 133 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION MANAGEMENT (EEIM) ..................... 2,703 2,703 2,703 2,703 

SUBTOTAL SYSTEM DEVELOPMENT AND DEMONSTRATION ......................... 628,218 648,218 628,218 628,218 

MANAGEMENT SUPPORT 

134 0604774D8Z DEFENSE READINESS REPORTING SYSTEM (DRRS) ......................................... 4,678 4,678 4,678 4,678 135 0604875D8Z JOINT SYSTEMS ARCHITECTURE DEVELOPMENT .............................................. 4,499 4,499 4,499 4,499 136 0604940D8Z CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT (CTEIP) .......... 219,199 219,199 219,199 219,199 137 0604942D8Z ASSESSMENTS AND EVALUATIONS ................................................................... 28,706 28,706 128,706 28,706 

Classified assessment ............................................................................ [100,000 ] 

138 0605001E MISSION SUPPORT ............................................................................................ 69,244 69,244 69,244 69,244 

139 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPABILITY (JMETC) ............................... 87,080 87,080 87,080 –20,000 67,080 

Prior year carryover and minimize growth ............................................. [–20,000 ] 

140 0605104D8Z TECHNICAL STUDIES, SUPPORT AND ANALYSIS ............................................... 23,069 23,069 23,069 23,069 

142 0605126J JOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION (JIAMDO) ....... 32,759 32,759 32,759 32,759 144 0605142D8Z SYSTEMS ENGINEERING ................................................................................... 32,429 32,429 32,429 32,429 145 0605151D8Z STUDIES AND ANALYSIS SUPPORT—OSD ........................................................ 3,797 3,797 3,797 3,797 146 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY ........................................................ 5,302 5,302 5,302 5,302147 0605170D8Z SUPPORT TO NETWORKS AND INFORMATION INTEGRATION ............................. 7,246 7,246 7,246 7,246 148 0605200D8Z GENERAL SUPPORT TO USD (INTELLIGENCE) ................................................... 1,874 1,874 1,874 1,874 149 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ........................................... 85,754 85,754 85,754 85,754 158 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH (SBIR)/ SMALL BUSINESS TECHNOLOGY TRANSFER. 2,187 2,187 2,187 2,187 159 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS .................................................................... 22,650 22,650 22,650 22,650 160 0605801KA DEFENSE TECHNICAL INFORMATION CENTER (DTIC) ....................................... 43,834 43,834 43,834 43,834 161 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TESTING AND EVALUATION .............. 22,240 22,240 22,240 22,240 


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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

162 0605804D8Z DEVELOPMENT TEST AND EVALUATION ............................................................ 19,541 23,541 24,541 4,000 23,541 

Program increase .................................................................................... [4,000 ] [5,000 ] [4,000 ] 

163 0605898E MANAGEMENT HQ—R&D ................................................................................. 4,759 4,759 4,759 4,759 

164 0605998KA MANAGEMENT HQ—DEFENSE TECHNICAL INFORMATION CENTER (DTIC) ....... 4,400 4,400 4,400 4,400 165 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS ........................................................... 4,014 4,014 4,014 4,014

166 0203345D8Z DEFENSE OPERATIONS SECURITY INITIATIVE (DOSI) ........................................ 2,072 2,072 2,072 2,072 167 0204571J JOINT STAFF ANALYTICAL SUPPORT ................................................................. 7,464 7,464 7,464 7,464 170 0303166J SUPPORT TO INFORMATION OPERATIONS (IO) CAPABILITIES ........................... 857 857 857 857 171 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM OFFICE (DMDPO) .......................... 916 916 916 916 172 0305172K COMBINED ADVANCED APPLICATIONS .............................................................. 15,336 15,336 15,336 15,336 173 0305193D8Z CYBER INTELLIGENCE ...................................................................................... 18,523 18,523 18,523 –5,000 13,523 

Program decrease ................................................................................... [–5,000 ] 

175 0804767D8Z COCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION 

(CE2T2)—MHA.

34,384 34,384 34,384 34,384 

176 0901598C MANAGEMENT HQ—MDA ................................................................................. 31,160 56,160 31,160 31,160 

Cyber Improvements Acceleration ........................................................... [25,000 ] 

179 0903235D8W JOINT SERVICE PROVIDER (JSP) ....................................................................... 827 827 827 827 

180A 9999999999 CLASSIFIED PROGRAMS .................................................................................... 56,799 56,799 56,799 56,799 

SUBTOTAL MANAGEMENT SUPPORT ............................................................ 897,599 926,599 1,002,599 –21,000 876,599 

OPERATIONAL SYSTEM DEVELOPMENT 

181 0604130V ENTERPRISE SECURITY SYSTEM (ESS) ............................................................ 4,241 4,241 4,241 4,241 

182 0605127T REGIONAL INTERNATIONAL OUTREACH (RIO) AND PARTNERSHIP FOR PEACE 

INFORMATION MANA.

1,424 1,424 1,424 1,424 

183 0605147T OVERSEAS HUMANITARIAN ASSISTANCE SHARED INFORMATION SYSTEM 

(OHASIS).

287 287 287 287 

184 0607210D8Z INDUSTRIAL BASE ANALYSIS AND SUSTAINMENT SUPPORT ............................. 16,195 16,195 16,195 16,195 


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185 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS DEVELOPMENT .............................. 4,194 4,194 4,194 4,194 186 0607327T GLOBAL THEATER SECURITY COOPERATION MANAGEMENT INFORMATION 

SYSTEMS (G-TSCMIS).

7,861 7,861 7,861 7,861 

187 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYSTEMS DEVELOPMENT). 33,361 33,361 33,361 33,361 189 0208043J PLANNING AND DECISION AID SYSTEM (PDAS) ................................................ 3,038 3,038 3,038 3,038 190 0208045K C4I INTEROPERABILITY ..................................................................................... 57,501 57,501 57,501 57,501 192 0301144K JOINT/ALLIED COALITION INFORMATION SHARING ............................................ 5,935 5,935 5,935 5,935 196 0302016K NATIONAL MILITARY COMMAND SYSTEM-WIDE SUPPORT ................................ 575 575 575 575 197 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION ............... 18,041 18,041 18,041 18,041 198 0303126K LONG-HAUL COMMUNICATIONS—DCS ............................................................. 13,994 18,994 13,994 13,994 

Secure cellular communications for senior leaders ............................... [5,000 ] 

199 0303131K MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) .... 12,206 12,206 12,206 12,206 200 0303135G PUBLIC KEY INFRASTRUCTURE (PKI) ............................................................... 34,314 34,314 34,314 34,314 

201 0303136G KEY MANAGEMENT INFRASTRUCTURE (KMI) .................................................... 36,602 36,602 36,602 36,602

202 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM ................................................. 8,876 8,876 8,876 8,876 203 0303140G INFORMATION SYSTEMS SECURITY PROGRAM ................................................. 159,068 161,068 172,068 2,000 161,068 

Cross Domain Solutions .......................................................................... [5,000 ] Reduction to NSA Information Systems and Security Programs ............ [–8,000 ] SHARKSEER Program Increase ................................................................ [2,000 ] [16,000 ] [2,000 ] 

204 0303150K GLOBAL COMMAND AND CONTROL SYSTEM .................................................... 24,438 24,438 24,438 24,438 205 0303153K DEFENSE SPECTRUM ORGANIZATION ............................................................... 13,197 13,197 13,197 13,197 

207 0303228K JOINT INFORMATION ENVIRONMENT (JIE) ......................................................... 2,789 2,789 2,789 2,789 209 0303430K FEDERAL INVESTIGATIVE SERVICES INFORMATION TECHNOLOGY .................... 75,000 75,000 75,000 75,000 210 0303610K TELEPORT PROGRAM ........................................................................................ 657 657 657 657 215 0305103K CYBER SECURITY INITIATIVE ............................................................................ 1,553 1,553 1,553 1,553 220 0305186D8Z POLICY R&D PROGRAMS .................................................................................. 6,204 4,204 6,204 –2,000 4,204 

Program decrease ................................................................................... [–2,000 ] [–2,000 ] 

221 0305199D8Z NET CENTRICITY ............................................................................................... 17,971 17,971 17,971 17,971 

223 0305208BB DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ..................................... 5,415 5,415 5,415 5,415 226 0305208K DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ..................................... 3,030 3,030 3,030 3,030 229 0305327V INSIDER THREAT ............................................................................................... 5,034 5,034 5,034 5,034 


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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

230 0305387D8Z HOMELAND DEFENSE TECHNOLOGY TRANSFER PROGRAM .............................. 2,037 2,037 2,037 2,037 236 0307577D8Z INTELLIGENCE MISSION DATA (IMD) ................................................................ 13,800 13,800 13,800 13,800 238 0708012S PACIFIC DISASTER CENTERS ............................................................................ 1,754 1,754 1,754 1,754 239 0708047S DEFENSE PROPERTY ACCOUNTABILITY SYSTEM .............................................. 2,154 2,154 2,154 2,154 240 0902298J MANAGEMENT HQ—OJCS ................................................................................. 826 826 826 826241 1105219BB MQ–9 UAV ........................................................................................................ 17,804 17,804 29,804 17,804 

MQ–9 capability enhancements ............................................................. [12,000 ] 

244 1160403BB AVIATION SYSTEMS ........................................................................................... 159,143 147,043 159,143 159,143 

AC–130 Precision Strike ......................................................................... [–12,100 ] 

245 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT .......................................................... 7,958 7,958 7,958 7,958

246 1160408BB OPERATIONAL ENHANCEMENTS ........................................................................ 64,895 64,895 64,895 64,895 247 1160431BB WARRIOR SYSTEMS .......................................................................................... 44,885 44,885 44,885 44,885 248 1160432BB SPECIAL PROGRAMS ......................................................................................... 1,949 1,949 1,949 1,949 249 1160434BB UNMANNED ISR ................................................................................................ 22,117 22,117 22,117 22,117 250 1160480BB SOF TACTICAL VEHICLES .................................................................................. 3,316 3,316 3,316 3,316 251 1160483BB MARITIME SYSTEMS ......................................................................................... 54,577 54,577 54,577 54,577 252 1160489BB GLOBAL VIDEO SURVEILLANCE ACTIVITIES ...................................................... 3,841 3,841 3,841 3,841253 1160490BB OPERATIONAL ENHANCEMENTS INTELLIGENCE ................................................ 11,834 11,834 11,834 11,834 

253A 9999999999 CLASSIFIED PROGRAMS .................................................................................... 3,270,515 3,270,515 3,270,515 3,270,515 

255 0303140K INFORMATION SYSTEMS SECURITY PROGRAM ................................................. 16,300 

Sharkseer email protection ..................................................................... [16,300 ] 

SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT ...................................... 4,256,406 4,249,306 4,297,706 4,256,406 

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, DW ....................... 18,308,826 18,467,126 18,740,126 –42,150 18,266,676 

OPERATIONAL TEST & EVAL, DEFENSE MANAGEMENT SUPPORT 


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001 0605118OTE OPERATIONAL TEST AND EVALUATION .............................................................. 78,047 88,047 78,047 78,047 

DOT&E Cybersecurity Exercises ............................................................... [10,000 ] 

002 0605131OTE LIVE FIRE TEST AND EVALUATION .................................................................... 48,316 48,316 48,316 48,316 

003 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES ............................................... 52,631 52,631 52,631 52,631 

SUBTOTAL MANAGEMENT SUPPORT ............................................................ 178,994 188,994 178,994 178,994 

TOTAL OPERATIONAL TEST & EVAL, DEFENSE ................................... 178,994 188,994 178,994 178,994 

UNDISTRIBUTED GENERAL PROVISIONS UNDISTRIBUTED GENERAL PROVISIONS 

010 9999999999 UNDISTRIBUTED GENERAL PROVISIONS ........................................................... 4,000 

Cyber pilot program for installations ..................................................... [4,000 ] 

SUBTOTAL UNDISTRIBUTED GENERAL PROVISIONS .................................... 4,000 

TOTAL UNDISTRIBUTED GENERAL PROVISIONS ................................. 4,000 TOTAL RDT&E ...................................................................................... 71,391,771 71,619,841 71,227,192 –281,147 71,110,624 

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS. 

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Program Element Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

055 0603308A ARMY SPACE SYSTEMS INTEGRATION .............................................................. 9,375 9,375 9,375 9,375 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ..... 9,375 9,375 9,375 9,375 

SYSTEM DEVELOPMENT & DEMONSTRATION 

091 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV .............. 78,700 78,700 78,700 78,700 114 0605032A TRACTOR TIRE .................................................................................................. 10,000 10,000 10,000 10,000 

117 0605035A COMMON INFRARED COUNTERMEASURES (CIRCM) ......................................... 10,900 10,900 10,900 10,900 


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SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Program Element Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

119 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT ......................................................... 50,500 50,500 50,500 50,500 122 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT ........................................................ 73,110 73,110 73,110 73,110 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION ......................... 223,210 223,210 223,210 223,210 

OPERATIONAL SYSTEMS DEVELOPMENT 

208 0307665A BIOMETRICS ENABLED INTELLIGENCE .............................................................. 7,104 7,104 7,104 7,104 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT ................................ 7,104 7,104 7,104 7,104 

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY ................... 239,689 239,689 239,689 239,689 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

038 0603527N RETRACT LARCH ............................................................................................... 3,907 3,907 3,907 3,907 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ..... 3,907 3,907 3,907 3,907 

OPERATIONAL SYSTEMS DEVELOPMENT 

245A 9999999999 CLASSIFIED PROGRAMS .................................................................................... 36,426 36,426 36,426 36,426 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT ................................ 36,426 36,426 36,426 36,426 

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY .................... 40,333 40,333 40,333 40,333 

SYSTEM DEVELOPMENT & DEMONSTRATION 

058 0604421F COUNTERSPACE SYSTEMS ................................................................................ 425 425 425 425 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION ......................... 425 425 425 425 

OPERATIONAL SYSTEMS DEVELOPMENT 

200 0305174F SPACE INNOVATION, INTEGRATION AND RAPID TECHNOLOGY DEVELOPMENT 4,715 4,715 4,715 4,715 

242A 9999999999 CLASSIFIED PROGRAMS .................................................................................... 27,765 27,765 27,765 27,765 


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SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT ................................ 32,480 32,480 32,480 32,480 

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, AF ........................ 32,905 32,905 32,905 32,905 

OPERATIONAL SYSTEM DEVELOPMENT 

253A 9999999999 CLASSIFIED PROGRAMS .................................................................................... 165,419 165,419 165,419 165,419 

SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT .................................. 165,419 165,419 165,419 165,419 

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, DW ....................... 165,419 165,419 165,419 165,419 

TOTAL RDT&E ...................................................................................... 478,346 478,346 478,346 478,346 

SEC. 4203. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS. 

SEC. 4203. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS 

(In Thousands of Dollars) 

Line Program Element Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY SYSTEM DEVELOPMENT & DEMONSTRATION 

090 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV .................................................. 33 33 33 33 122 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT ........................................................ 10,000 

Army unfunded requirement—modernized warning system .................. [10,000 ] SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION ......................... 33 10,033 33 33 

OPERATIONAL SYSTEMS DEVELOPMENT 

161 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM ...................................................... 16,000 

Army unfunded requirement—GMLRS M-code upgrade ........................ [16,000 ] 

166 0607134A LONG RANGE PRECISION FIRES (LRPF) ........................................................... 27,700 

Army unfunded requirement ................................................................... [27,700 ] 

179 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS ................................................. 10,000 

Army unfunded requirement—Vehicle APS ............................................ [10,000 ] 


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SEC. 4203. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS 

(In Thousands of Dollars) 

Line Program Element Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT ................................ 53,700 

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY ................... 33 63,733 33 33 

RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

078 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM) ........ 37,990 37,990 37,990 37,990 081 0604454N LX (R) ............................................................................................................... 19,000 

LX (R) Design .......................................................................................... [19,000 ] SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ..... 37,990 56,990 37,990 37,990 

SYSTEM DEVELOPMENT & DEMONSTRATION 

102 0604262N V–22A ............................................................................................................... 11,400 

Accelerate Readiness Improvement—Swashplate actuator re-design .. [11,400 ] 

118 0604501N ADVANCED ABOVE WATER SENSORS ............................................................... 20,000 

Aegis Radar Solid State Improvements .................................................. [20,000 ] SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION ......................... 31,400 

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY .................... 37,990 88,390 37,990 37,990 

RESEARCH, DEVELOPMENT, TEST & EVAL, DW ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES 

074 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT ....................... 65,000 

Ground System Communications Modernization & Upgrades to Enable 

Full RKV Capabilities.

[65,000 ] 

076 0603884C BALLISTIC MISSILE DEFENSE SENSORS ........................................................... 45,000 

Electronic Protection Acceleration for Sensors ....................................... [25,000 ] 


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RFPs for Hawaii & East Coast Radars .................................................. [20,000 ] 

077 0603890C BMD ENABLING PROGRAMS ............................................................................. 10,000 

Modeling and Simulation Improvements ................................................ [10,000 ] 

079 0603892C AEGIS BMD ....................................................................................................... 10,000 

Aegis BMD Integration with AMDR ......................................................... [10,000 ] 

082 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND CONTROL, BATTLE MANAGEMENT AND COMMUNICATI. 30,000 

C2BMC Acceleration ................................................................................ [20,000 ] Post-Intercept Assessment Acceleration ................................................. [10,000 ] 

088 0603914C BALLISTIC MISSILE DEFENSE TEST .................................................................. 10,000 

Test Infrastructure .................................................................................. [10,000 ] 

105 0604874C IMPROVED HOMELAND DEFENSE INTERCEPTORS ............................................ 75,000 

Modernized Booster Acceleration ............................................................ [50,000 ] RKV risk reduction .................................................................................. [25,000 ] 

112 0604894C MULTI-OBJECT KILL VEHICLE ........................................................................... 55,000 

MOKV Technology Maturation ................................................................. [55,000 ] SUBTOTAL ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES 300,000 

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, DW ....................... 300,000 TOTAL RDT&E ...................................................................................... 38,023 452,123 38,023 38,023 

TITLE XLIII—OPERATION AND MAINTENANCE 

SEC. 4301. OPERATION AND MAINTENANCE. 


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SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

OPERATION & MAINTENANCE, ARMY OPERATING FORCES 

010 MANEUVER UNITS ............................................................................................................. 791,450 791,450 841,450 50,000 841,450 

Home station training unfunded requirement ........................................................ [50,000 ] [50,000 ] 

020 MODULAR SUPPORT BRIGADES ........................................................................................ 68,373 68,373 68,373 68,373 

030 ECHELONS ABOVE BRIGADE ............................................................................................. 438,823 438,823 438,823 438,823 040 THEATER LEVEL ASSETS ................................................................................................... 660,258 660,258 660,258 660,258 050 LAND FORCES OPERATIONS SUPPORT .............................................................................. 863,928 1,198,828 863,928 863,928 

Realign APS Unit Set Requirements from OCO ...................................................... [334,900 ] 

060 AVIATION ASSETS .............................................................................................................. 1,360,597 1,360,597 1,428,597 100,500 1,461,097 

Eleventh CAB ........................................................................................................... [32,500 ] 

Flying hour program unfunded requirement ........................................................... [68,000 ] [68,000 ] 

070 FORCE READINESS OPERATIONS SUPPORT ...................................................................... 3,086,443 3,094,443 3,086,443 3,086,443 

Additional cyber protection teams .......................................................................... [3,000 ] Public-private cyber training partnership ............................................................... [5,000 ] 

080 LAND FORCES SYSTEMS READINESS ................................................................................ 439,488 439,488 439,488 439,488 

090 LAND FORCES DEPOT MAINTENANCE ............................................................................... 1,013,452 1,026,052 1,032,852 19,400 1,032,852 

Depot maintenance unfunded requirement ............................................................ [19,400 ] [19,400 ] Realign APS Unit Set Requirements from OCO ...................................................... [12,600 ] 

100 BASE OPERATIONS SUPPORT ............................................................................................ 7,816,343 7,831,343 7,816,343 22,100 7,838,443 

Eleventh CAB Support ............................................................................................. [22,100 ] Realign APS Unit Set Requirements from OCO ...................................................... [15,000 ] 

110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .......................................... 2,234,546 2,234,546 2,588,946 85,400 2,319,946 

Restore Sustainment shortfalls ............................................................................... [354,400 ] [85,400 ] 

120 MANAGEMENT AND OPERATIONAL HEADQUARTERS .......................................................... 452,105 452,105 452,105 452,105 130 COMBATANT COMMANDERS CORE OPERATIONS .............................................................. 155,658 155,658 155,658 155,658 170 COMBATANT COMMANDS DIRECT MISSION SUPPORT ...................................................... 441,143 441,143 447,843 441,143 


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SOUTHCOM LIDAR unfunded requirement ............................................................... [6,700 ] SUBTOTAL OPERATING FORCES .............................................................................. 19,822,607 20,193,107 20,321,107 277,400 20,100,007 

MOBILIZATION 

180 STRATEGIC MOBILITY ........................................................................................................ 336,329 336,329 336,329 336,329 

190 ARMY PREPOSITIONED STOCKS ........................................................................................ 390,848 574,848 415,848 25,000 415,848 

Program increase .................................................................................................... [25,000 ] [25,000 ] Realign APS Unit Set Requirements from OCO ...................................................... [184,000 ] 

200 INDUSTRIAL PREPAREDNESS ............................................................................................ 7,401 7,401 7,401 7,401 

SUBTOTAL MOBILIZATION ........................................................................................ 734,578 918,578 759,578 25,000 759,578 

TRAINING AND RECRUITING 

210 OFFICER ACQUISITION ....................................................................................................... 131,942 131,942 131,942 131,942 

220 RECRUIT TRAINING ........................................................................................................... 47,846 47,846 47,846 47,846 230 ONE STATION UNIT TRAINING ........................................................................................... 45,419 45,419 45,419 45,419 240 SENIOR RESERVE OFFICERS TRAINING CORPS ................................................................ 482,747 482,747 482,747 482,747 250 SPECIALIZED SKILL TRAINING ........................................................................................... 921,025 927,525 921,025 6,500 927,525 

Defense Foreign Language Program ....................................................................... [6,500 ] [6,500 ] 

260 FLIGHT TRAINING .............................................................................................................. 902,845 902,845 939,445 42,934 945,779 

Graduate pilot training unfunded requirement ...................................................... [5,400 ] [5,405 ] School Air OPTEMPO unfunded requirement ........................................................... [31,200 ] [31,125 ] Train full ARPINT load of 990 ................................................................................. [6,404 ] 

270 PROFESSIONAL DEVELOPMENT EDUCATION ...................................................................... 216,583 216,583 216,583 31,600 248,183 

Military Training and PME ...................................................................................... [31,600 ] 

280 TRAINING SUPPORT ........................................................................................................... 607,534 607,534 607,534 607,534 

290 RECRUITING AND ADVERTISING ........................................................................................ 550,599 550,599 515,599 –25,000 525,599 

Unjustified program growth .................................................................................... [–35,000 ] [–25,000 ] 

300 EXAMINING ........................................................................................................................ 187,263 187,263 187,263 187,263 310 OFF-DUTY AND VOLUNTARY EDUCATION .......................................................................... 189,556 189,556 189,556 189,556 320 CIVILIAN EDUCATION AND TRAINING ................................................................................ 182,835 182,835 182,835 182,835 330 JUNIOR RESERVE OFFICER TRAINING CORPS ................................................................... 171,167 171,167 171,167 171,167 

SUBTOTAL TRAINING AND RECRUITING .................................................................. 4,637,361 4,643,861 4,638,961 56,034 4,693,395 


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1432 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

ADMIN & SRVWIDE ACTIVITIES 

350 SERVICEWIDE TRANSPORTATION ....................................................................................... 230,739 350,739 230,739 65,000 295,739 

Realign APS Unit Set Requirements from OCO ...................................................... [120,000 ] Restore cricital shortfalls ........................................................................................ [65,000 ] 

360 CENTRAL SUPPLY ACTIVITIES ........................................................................................... 850,060 850,060 850,060 850,060 

370 LOGISTIC SUPPORT ACTIVITIES ......................................................................................... 778,757 778,757 782,757 778,757 

Corrosion oil assistance unfunded requirement ..................................................... [4,000 ] 

380 AMMUNITION MANAGEMENT .............................................................................................. 370,010 370,010 370,010 370,010 

390 ADMINISTRATION ............................................................................................................... 451,556 451,556 451,556 451,556 400 SERVICEWIDE COMMUNICATIONS ..................................................................................... 1,888,123 1,888,123 1,888,123 1,888,123 410 MANPOWER MANAGEMENT ................................................................................................ 276,403 276,403 276,403 276,403 420 OTHER PERSONNEL SUPPORT ........................................................................................... 369,443 369,443 369,443 369,443 430 OTHER SERVICE SUPPORT ................................................................................................ 1,096,074 1,096,074 1,066,574 1,096,074 

Army museum early to need ................................................................................... [–29,500 ] 

440 ARMY CLAIMS ACTIVITIES ................................................................................................. 207,800 207,800 207,800 207,800 

450 REAL ESTATE MANAGEMENT ............................................................................................. 240,641 240,641 240,641 240,641 460 FINANCIAL MANAGEMENT AND AUDIT READINESS ............................................................ 250,612 250,612 250,612 250,612 470 INTERNATIONAL MILITARY HEADQUARTERS ...................................................................... 416,587 416,587 416,587 416,587 480 MISC. SUPPORT OF OTHER NATIONS ................................................................................ 36,666 36,666 36,666 36,666 530 CLASSIFIED PROGRAMS .................................................................................................... 1,151,023 1,151,023 1,157,023 1,151,023 

SOUTHCOM unfunded requirement .......................................................................... [6,000 ] SUBTOTAL ADMIN & SRVWIDE ACTIVITIES ............................................................. 8,614,494 8,734,494 8,594,994 65,000 8,679,494 

UNDISTRIBUTED 

540 UNDISTRIBUTED ................................................................................................................ –654,600 –279,780 –400,200 –400,200 

15% printing reduction ........................................................................................... [–34,300 ] 


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DCGS-A undistributed reduction ............................................................................. [–63,000 ] Excessive standard price for fuel ........................................................................... [–56,100 ] [–123,300 ] [–56,100 ] Foreign Currency adjustments ................................................................................ [–229,900 ] [–59,180 ] [–194,100 ] Historical unobligated balances ............................................................................. [–376,300 ] Prohibition on Per Diem Allowance Reduction ........................................................ [7,700 ] Working Capital Fund Carryover Above Allowable Ceiling ...................................... [–150,000 ] SUBTOTAL UNDISTRIBUTED ..................................................................................... –654,600 –279,780 –400,200 –400,200 

TOTAL OPERATION & MAINTENANCE, ARMY ....................................................... 33,809,040 33,835,440 34,034,860 23,234 33,832,274 

OPERATION & MAINTENANCE, ARMY RES OPERATING FORCES 

010 MODULAR SUPPORT BRIGADES ........................................................................................ 11,435 11,435 11,435 11,435 

020 ECHELONS ABOVE BRIGADE ............................................................................................. 491,772 491,772 537,772 20,000 511,772 

Home station training unfunded requirement ........................................................ [20,000 ] [20,000 ] Lodging in kind unfunded requirement .................................................................. [26,000 ] 

030 THEATER LEVEL ASSETS ................................................................................................... 116,163 116,163 116,163 116,163 

040 LAND FORCES OPERATIONS SUPPORT .............................................................................. 563,524 563,524 563,524 563,524 050 AVIATION ASSETS .............................................................................................................. 91,162 91,162 91,162 91,162 060 FORCE READINESS OPERATIONS SUPPORT ...................................................................... 347,459 347,659 347,759 200 347,659 

Defense Language Program .................................................................................... [200 ] [200 ] Range increase unfunded requirement ................................................................... [300 ] 

070 LAND FORCES SYSTEMS READINESS ................................................................................ 101,926 101,926 101,926 101,926 

080 LAND FORCES DEPOT MAINTENANCE ............................................................................... 56,219 56,219 56,219 56,219 090 BASE OPERATIONS SUPPORT ............................................................................................ 573,843 573,843 573,843 573,843 100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .......................................... 214,955 214,955 236,455 8,100 223,055 

Restore Sustainment shortfalls ............................................................................... [21,500 ] [8,100 ]

110 MANAGEMENT AND OPERATIONAL HEADQUARTERS .......................................................... 37,620 37,620 37,620 37,620 

SUBTOTAL OPERATING FORCES .............................................................................. 2,606,078 2,606,278 2,673,878 28,300 2,634,378 

ADMIN & SRVWD ACTIVITIES 

120 SERVICEWIDE TRANSPORTATION ....................................................................................... 11,027 11,027 11,027 11,027 


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SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

130 ADMINISTRATION ............................................................................................................... 16,749 16,749 16,749 16,749 140 SERVICEWIDE COMMUNICATIONS ..................................................................................... 17,825 17,825 17,825 17,825 150 MANPOWER MANAGEMENT ................................................................................................ 6,177 6,177 6,177 6,177 160 RECRUITING AND ADVERTISING ........................................................................................ 54,475 54,475 54,475 54,475 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................................................................ 106,253 106,253 106,253 106,253 

UNDISTRIBUTED 

180 UNDISTRIBUTED ................................................................................................................ –6,800 –6,800 –6,800 

Excessive standard price for fuel ........................................................................... [–6,800 ] [–6,800 ]SUBTOTAL UNDISTRIBUTED ..................................................................................... –6,800 –6,800 –6,800 

TOTAL OPERATION & MAINTENANCE, ARMY RES ............................................... 2,712,331 2,705,731 2,780,131 21,500 2,733,831 

OPERATION & MAINTENANCE, ARNG OPERATING FORCES 

010 MANEUVER UNITS ............................................................................................................. 708,251 708,251 778,251 50,000 758,251 

Home station training unfunded requirement ........................................................ [70,000 ] [50,000 ] 

020 MODULAR SUPPORT BRIGADES ........................................................................................ 197,251 197,251 197,251 197,251 

030 ECHELONS ABOVE BRIGADE ............................................................................................. 792,271 792,271 792,271 792,271 040 THEATER LEVEL ASSETS ................................................................................................... 80,341 80,341 80,341 80,341 050 LAND FORCES OPERATIONS SUPPORT .............................................................................. 37,138 37,138 39,538 37,138 

Range increase unfunded requirement ................................................................... [2,400 ] 

060 AVIATION ASSETS .............................................................................................................. 887,625 887,625 887,625 –2,800 884,825 

Unjustified program growth .................................................................................... [–2,800 ] 

070 FORCE READINESS OPERATIONS SUPPORT ...................................................................... 696,267 696,467 696,267 –6,115 690,152 

Defense Language Program .................................................................................... [200 ] [200 ] Unjustified program growth .................................................................................... [–6,315 ] 


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080 LAND FORCES SYSTEMS READINESS ................................................................................ 61,240 61,240 61,240 61,240 090 LAND FORCES DEPOT MAINTENANCE ............................................................................... 219,948 219,948 274,548 219,948 

Depot maintenance unfunded requirement ............................................................ [42,300 ] TWV depot maintenance unfunded requirement ..................................................... [12,300 ] 

100 BASE OPERATIONS SUPPORT ............................................................................................ 1,040,012 1,040,012 1,040,012 1,040,012 

110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .......................................... 676,715 676,715 708,815 14,400 691,115 

Restore Sustainment shortfalls ............................................................................... [32,100 ] [14,400 ] 

120 MANAGEMENT AND OPERATIONAL HEADQUARTERS .......................................................... 1,021,144 1,021,144 1,021,144 1,021,144 

SUBTOTAL OPERATING FORCES .............................................................................. 6,418,203 6,418,403 6,577,303 55,485 6,473,688 

ADMIN & SRVWD ACTIVITIES 

130 SERVICEWIDE TRANSPORTATION ....................................................................................... 6,396 6,396 6,396 6,396 

140 ADMINISTRATION ............................................................................................................... 68,528 71,052 68,528 1,150 69,678 

National Guard State Partnership Program ............................................................ [2,524 ] State Partnership Program ...................................................................................... [1,150 ] 

150 SERVICEWIDE COMMUNICATIONS ..................................................................................... 76,524 76,524 76,524 76,524 

160 MANPOWER MANAGEMENT ................................................................................................ 7,712 7,712 7,712 7,712 170 OTHER PERSONNEL SUPPORT ........................................................................................... 245,046 245,046 249,546 245,046 

Director of Psychological Health (DPH) Positions ................................................... [9,500 ] Program decrease .................................................................................................... [–5,000 ] 

180 REAL ESTATE MANAGEMENT ............................................................................................. 2,961 2,961 2,961 2,961 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................................................................ 407,167 409,691 411,667 1,150 408,317 

UNDISTRIBUTED 

190 UNDISTRIBUTED ................................................................................................................ –29,000 –29,000 –29,000 

Excessive standard price for fuel ........................................................................... [–29,000 ] [–29,000 ] SUBTOTAL UNDISTRIBUTED ..................................................................................... –29,000 –29,000 –29,000 

TOTAL OPERATION & MAINTENANCE, ARNG ....................................................... 6,825,370 6,799,094 6,988,970 27,635 6,853,005 

OPERATION & MAINTENANCE, NAVY OPERATING FORCES 


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SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

010 MISSION AND OTHER FLIGHT OPERATIONS ....................................................................... 4,094,765 4,094,765 4,094,765 4,094,765 020 FLEET AIR TRAINING ......................................................................................................... 1,722,473 1,722,473 1,722,473 1,722,473 030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES ................................................... 52,670 52,670 52,670 52,670 040 AIR OPERATIONS AND SAFETY SUPPORT .......................................................................... 97,584 97,584 97,584 97,584 050 AIR SYSTEMS SUPPORT .................................................................................................... 446,733 446,733 446,733 6,500 453,233 

Marine Corps unfunded requirement—accelerate readiness - H–1 ..................... [5,300 ] Marine Corps unfunded requirement—accelerate readiness - MV–22B ............... [1,200 ] 

060 AIRCRAFT DEPOT MAINTENANCE ...................................................................................... 1,007,681 1,007,681 1,041,681 64,000 1,071,681 

AC Depot maintenance unfunded requirement ....................................................... [34,000 ] [34,000 ] Navy unfunded requirement—Improve Afloat Readiness ...................................... [30,000 ] 

070 AIRCRAFT DEPOT OPERATIONS SUPPORT ......................................................................... 38,248 38,248 38,248 38,248 

080 AVIATION LOGISTICS ......................................................................................................... 564,720 564,720 586,120 33,500 598,220 

E–6B and F–35 sustainment unfunded requirement ............................................. [16,000 ] [16,000 ] Marine Corps unfunded requirement—accelerate readiness - KC–130J .............. [6,800 ] Marine Corps unfunded requirement—accelerate readiness - MV–22B ............... [10,700 ] MV–22 JPBL unfunded requirement ........................................................................ [5,400 ] 

090 MISSION AND OTHER SHIP OPERATIONS .......................................................................... 3,513,083 3,513,083 3,513,083 348,200 3,861,283 

Cruiser Modernization .............................................................................................. [90,200 ] Navy unfunded requirement—Improve Afloat Readiness ...................................... [158,000 ] Navy unfunded requirement—Restore 3 CG Deployments .................................... [41,000 ] Navy unfunded requirement—Reverse PONCE (LPD–15) Inactivation .................. [59,000 ] 

100 SHIP OPERATIONS SUPPORT & TRAINING ......................................................................... 743,765 743,765 743,765 19,700 763,465 

Navy unfunded requirement—Restore Fleet Training ............................................ [19,700 ] 

110 SHIP DEPOT MAINTENANCE .............................................................................................. 5,168,273 5,177,773 5,168,273 318,600 5,486,873 

Cruiser Modernization .............................................................................................. [71,100 ] Navy unfunded requirement—Ship Depot Wholeness ............................................ [238,000 ] Program increase .................................................................................................... [9,500 ] [9,500 ] 


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120 SHIP DEPOT OPERATIONS SUPPORT ................................................................................. 1,575,578 1,575,578 1,575,578 79,000 1,654,578 

Navy unfunded requirement—Increase Alfoat Readiness ...................................... [79,000 ] 

130 COMBAT COMMUNICATIONS .............................................................................................. 558,727 558,727 558,727 558,727 

140 ELECTRONIC WARFARE ..................................................................................................... 105,680 105,680 105,680 105,680 150 SPACE SYSTEMS AND SURVEILLANCE .............................................................................. 180,406 180,406 180,406 180,406 160 WARFARE TACTICS ............................................................................................................ 470,032 470,032 470,032 470,032 170 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY ........................................................ 346,703 346,703 346,703 346,703 180 COMBAT SUPPORT FORCES .............................................................................................. 1,158,688 1,158,688 1,158,688 1,158,688 190 EQUIPMENT MAINTENANCE ............................................................................................... 113,692 113,692 113,692 113,692 200 DEPOT OPERATIONS SUPPORT .......................................................................................... 2,509 2,509 2,509 2,509 210 COMBATANT COMMANDERS CORE OPERATIONS .............................................................. 91,019 91,019 91,019 91,019 220 COMBATANT COMMANDERS DIRECT MISSION SUPPORT .................................................. 74,780 74,780 74,780 74,780 230 CRUISE MISSILE ................................................................................................................ 106,030 106,030 106,030 106,030 240 FLEET BALLISTIC MISSILE ................................................................................................. 1,233,805 1,241,305 1,233,805 1,233,805 

Engineering and Technical Services, Project 934 .................................................. [7,500 ] 

250 IN-SERVICE WEAPONS SYSTEMS SUPPORT ...................................................................... 163,025 163,025 163,025 163,025 

260 WEAPONS MAINTENANCE .................................................................................................. 553,269 551,469 553,269 553,269 

Heavy Weight Torpedo Program Execution .............................................................. [–1,500 ] Light Weight Torpedo Program Execution ............................................................... [–300 ] 

270 OTHER WEAPON SYSTEMS SUPPORT ................................................................................ 350,010 350,010 350,010 350,010 

280 ENTERPRISE INFORMATION ............................................................................................... 790,685 790,685 736,385 790,685 

Underexecution ........................................................................................................ [–54,300 ] 

290 SUSTAINMENT, RESTORATION AND MODERNIZATION ........................................................ 1,642,742 1,642,742 1,803,642 55,100 1,697,842 

Restore Sustainment shortfalls ............................................................................... [160,900 ] [55,100 ] 

300 BASE OPERATING SUPPORT .............................................................................................. 4,206,136 4,206,136 4,206,136 4,206,136 

SUBTOTAL OPERATING FORCES .............................................................................. 31,173,511 31,188,711 31,335,511 924,600 32,098,111 

MOBILIZATION 

310 SHIP PREPOSITIONING AND SURGE .................................................................................. 893,517 893,517 893,517 893,517 

320 READY RESERVE FORCE ................................................................................................... 274,524 274,524 274,524 274,524 330 AIRCRAFT ACTIVATIONS/INACTIVATIONS ............................................................................ 6,727 6,727 6,727 6,727 340 SHIP ACTIVATIONS/INACTIVATIONS .................................................................................... 288,154 288,154 288,154 288,154 


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SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

350 EXPEDITIONARY HEALTH SERVICES SYSTEMS .................................................................. 95,720 95,720 95,720 95,720 360 INDUSTRIAL READINESS .................................................................................................... 2,109 2,109 2,109 2,109 370 COAST GUARD SUPPORT ................................................................................................... 21,114 21,114 21,114 21,114 

SUBTOTAL MOBILIZATION ........................................................................................ 1,581,865 1,581,865 1,581,865 1,581,865 

TRAINING AND RECRUITING 

380 OFFICER ACQUISITION ....................................................................................................... 143,815 143,815 143,815 143,815 

390 RECRUIT TRAINING ........................................................................................................... 8,519 8,519 8,519 8,519 400 RESERVE OFFICERS TRAINING CORPS .............................................................................. 143,445 143,445 143,445 143,445 410 SPECIALIZED SKILL TRAINING ........................................................................................... 699,214 699,214 699,214 699,214 420 FLIGHT TRAINING .............................................................................................................. 5,310 5,310 5,310 5,310 430 PROFESSIONAL DEVELOPMENT EDUCATION ...................................................................... 172,852 174,052 172,852 172,852 

Naval Sea Cadets .................................................................................................... [1,200 ] 

440 TRAINING SUPPORT ........................................................................................................... 222,728 222,728 222,728 222,728 

450 RECRUITING AND ADVERTISING ........................................................................................ 225,647 225,647 225,647 225,647 460 OFF-DUTY AND VOLUNTARY EDUCATION .......................................................................... 130,569 130,569 130,569 130,569 470 CIVILIAN EDUCATION AND TRAINING ................................................................................ 73,730 73,730 73,730 73,730 480 JUNIOR ROTC .................................................................................................................... 50,400 50,400 50,400 50,400 

SUBTOTAL TRAINING AND RECRUITING .................................................................. 1,876,229 1,877,429 1,876,229 1,876,229 

ADMIN & SRVWD ACTIVITIES 

490 ADMINISTRATION ............................................................................................................... 917,453 917,453 917,453 917,453 

500 EXTERNAL RELATIONS ....................................................................................................... 14,570 14,570 14,570 14,570 510 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT ..................................................... 124,070 124,070 124,070 124,070 520 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ................................................... 369,767 369,767 369,767 369,767 530 OTHER PERSONNEL SUPPORT ........................................................................................... 285,927 285,927 281,927 285,927 

NHHC unjustified growth ......................................................................................... [–4,000 ] 


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540 SERVICEWIDE COMMUNICATIONS ..................................................................................... 319,908 319,908 319,908 319,908 570 SERVICEWIDE TRANSPORTATION ....................................................................................... 171,659 171,659 171,659 171,659 580 ENVIRONMENTAL PROGRAMS ............................................................................................ 18,000 

Environmental program shortfall unfunded requirement ....................................... [18,000 ] 

590 PLANNING, ENGINEERING AND DESIGN ............................................................................ 270,863 270,863 270,863 270,863 600 ACQUISITION AND PROGRAM MANAGEMENT ..................................................................... 1,112,766 1,112,766 1,112,766 1,112,766 610 HULL, MECHANICAL AND ELECTRICAL SUPPORT .............................................................. 49,078 49,078 49,078 49,078 620 COMBAT/WEAPONS SYSTEMS ............................................................................................ 24,989 24,989 24,989 24,989 630 SPACE AND ELECTRONIC WARFARE SYSTEMS ................................................................. 72,966 72,966 72,966 72,966 640 NAVAL INVESTIGATIVE SERVICE ........................................................................................ 595,711 595,711 595,711 595,711 700 INTERNATIONAL HEADQUARTERS AND AGENCIES ............................................................. 4,809 4,809 4,809 4,809730 CLASSIFIED PROGRAMS .................................................................................................... 517,440 517,440 517,440 517,440 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................................................................ 4,851,976 4,851,976 4,865,976 4,851,976 

UNDISTRIBUTED 

740 UNDISTRIBUTED ................................................................................................................ –585,600 –260,290 –416,900 –416,900 

15% printing reduction ........................................................................................... [–7,300 ] Excessive standard price for fuel ........................................................................... [–390,500 ] [–238,380 ] [–390,500 ] Foreign Currency adjustments ................................................................................ [–26,400 ] [–14,610 ] [–26,400 ] Historical unobligated balances ............................................................................. [–174,100 ] Prohibition on Per Diem Allowance Reduction ........................................................ [5,400 ] SUBTOTAL UNDISTRIBUTED ..................................................................................... –585,600 –260,290 –416,900 –416,900 

TOTAL OPERATION & MAINTENANCE, NAVY ........................................................ 39,483,581 38,914,381 39,399,291 507,700 39,991,281 

OPERATION & MAINTENANCE, MARINE CORPS OPERATING FORCES 

010 OPERATIONAL FORCES ...................................................................................................... 674,613 674,613 738,313 85,700 760,313 

Enterprise network defense unfunded requirement ................................................ [5,700 ] [5,700 ] Exercise program unfunded requirement ................................................................ [58,000 ] [58,000 ] Marine Corps unfunded requirement- enhanced combat helmets ........................ [22,000 ] 

020 FIELD LOGISTICS ............................................................................................................... 947,424 947,424 975,524 36,250 983,674 


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SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

Critical/ no fail EOD unfunded requirement ........................................................... [600 ] [600 ] Marine Corps unfunded requirement- rifle combat optic modernization .............. [13,300 ] [13,200 ] Marine Corps unfunded requirement- SPMAGTF—C4 UUNS ................................. [8,250 ] Nano/VTOL unfunded requirement .......................................................................... [14,200 ] [14,200 ] 

030 DEPOT MAINTENANCE ....................................................................................................... 206,783 206,783 214,583 7,800 214,583 

Depot maintenance unfunded requirement ............................................................ [7,800 ] [7,800 ] 

040 MARITIME PREPOSITIONING .............................................................................................. 85,276 85,276 85,276 85,276 

050 SUSTAINMENT, RESTORATION & MODERNIZATION ............................................................ 632,673 632,673 711,173 62,000 694,673 

Facility demolition unfunded requirement .............................................................. [39,200 ] [39,200 ] Restore Sustainment shortfalls ............................................................................... [39,300 ] [22,800 ] 

060 BASE OPERATING SUPPORT .............................................................................................. 2,136,626 2,136,626 2,136,626 2,136,626 

SUBTOTAL OPERATING FORCES .............................................................................. 4,683,395 4,683,395 4,861,495 191,750 4,875,145 

TRAINING AND RECRUITING 

070 RECRUIT TRAINING ........................................................................................................... 15,946 15,946 15,946 15,946 

080 OFFICER ACQUISITION ....................................................................................................... 935 935 935 935 090 SPECIALIZED SKILL TRAINING ........................................................................................... 99,305 99,305 99,305 99,305 100 PROFESSIONAL DEVELOPMENT EDUCATION ...................................................................... 45,495 45,995 45,495 45,495 

MOS-to-Degree Program .......................................................................................... [500 ] 

110 TRAINING SUPPORT ........................................................................................................... 369,979 369,979 369,979 369,979 

120 RECRUITING AND ADVERTISING ........................................................................................ 165,566 165,566 165,566 165,566 130 OFF-DUTY AND VOLUNTARY EDUCATION .......................................................................... 35,133 35,133 35,133 35,133 140 JUNIOR ROTC .................................................................................................................... 23,622 23,622 23,622 23,622 

SUBTOTAL TRAINING AND RECRUITING .................................................................. 755,981 756,481 755,981 755,981 

ADMIN & SRVWD ACTIVITIES 

150 SERVICEWIDE TRANSPORTATION ....................................................................................... 34,534 34,534 34,534 34,534 


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160 ADMINISTRATION ............................................................................................................... 355,932 355,932 355,932 355,932 180 ACQUISITION AND PROGRAM MANAGEMENT ..................................................................... 76,896 76,896 76,896 76,896 200 CLASSIFIED PROGRAMS .................................................................................................... 47,520 47,520 47,520 47,520 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................................................................ 514,882 514,882 514,882 514,882 

UNDISTRIBUTED 

210 UNDISTRIBUTED ................................................................................................................ –37,700 –41,830 –6,400 –6,400 

15% printing reduction ........................................................................................... [–14,300 ] Excessive standard price for fuel ........................................................................... [–4,900 ] [–24,660 ] [–4,900 ] Foreign Currency adjustments ................................................................................ [–1,500 ] [–2,870 ] [–1,500 ] Historical unobligated balances ............................................................................. [–33,100 ] Prohibition on Per Diem Allowance Reduction ........................................................ [1,800 ] SUBTOTAL UNDISTRIBUTED ..................................................................................... –37,700 –41,830 –6,400 –6,400 

TOTAL OPERATION & MAINTENANCE, MARINE CORPS ....................................... 5,954,258 5,917,058 6,090,528 185,350 6,139,608 

OPERATION & MAINTENANCE, NAVY RES OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ....................................................................... 526,190 526,190 526,190 526,190 

020 INTERMEDIATE MAINTENANCE .......................................................................................... 6,714 6,714 6,714 6,714 030 AIRCRAFT DEPOT MAINTENANCE ...................................................................................... 86,209 86,209 86,209 4,000 90,209 

Navy unfunded requirement—Improve Afloat Readiness ...................................... [4,000 ] 

040 AIRCRAFT DEPOT OPERATIONS SUPPORT ......................................................................... 389 389 389 389 050 AVIATION LOGISTICS ......................................................................................................... 10,189 10,189 10,189 10,189 

070 SHIP OPERATIONS SUPPORT & TRAINING ......................................................................... 560 560 560 300 860 

Navy unfunded requirement—Restore Fleet Training ............................................ [300 ] 

090 COMBAT COMMUNICATIONS .............................................................................................. 13,173 13,173 13,173 13,173 

100 COMBAT SUPPORT FORCES .............................................................................................. 109,053 109,053 109,053 109,053 120 ENTERPRISE INFORMATION ............................................................................................... 27,226 27,226 27,226 27,226 130 SUSTAINMENT, RESTORATION AND MODERNIZATION ........................................................ 27,571 27,571 33,371 1,100 28,671 

Restore Sustainment shortfalls ............................................................................... [5,800 ] [1,100 ] 

140 BASE OPERATING SUPPORT .............................................................................................. 99,166 99,166 99,166 99,166 


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SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

SUBTOTAL OPERATING FORCES .............................................................................. 906,440 906,440 912,240 5,400 911,840 

ADMIN & SRVWD ACTIVITIES 

150 ADMINISTRATION ............................................................................................................... 1,351 1,351 1,351 1,351 

160 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ................................................... 13,251 13,251 13,251 13,251 170 SERVICEWIDE COMMUNICATIONS ..................................................................................... 3,445 3,445 3,445 3,445 180 ACQUISITION AND PROGRAM MANAGEMENT ..................................................................... 3,169 3,169 3,169 3,169 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................................................................ 21,216 21,216 21,216 21,216 

UNDISTRIBUTED 

200 UNDISTRIBUTED ................................................................................................................ –26,600 –26,600 –26,600 

Excessive standard price for fuel ........................................................................... [–26,600 ] [–26,600 ] SUBTOTAL UNDISTRIBUTED ..................................................................................... –26,600 –26,600 –26,600 

TOTAL OPERATION & MAINTENANCE, NAVY RES ................................................ 927,656 901,056 933,456 –21,200 906,456 

OPERATION & MAINTENANCE, MC RESERVE OPERATING FORCES 

010 OPERATING FORCES .......................................................................................................... 94,154 94,154 94,154 94,154 

020 DEPOT MAINTENANCE ....................................................................................................... 18,594 18,594 18,594 18,594 030 SUSTAINMENT, RESTORATION AND MODERNIZATION ........................................................ 25,470 25,470 30,970 700 26,170 

Restore Sustainment shortfalls ............................................................................... [5,500 ] [700 ] 

040 BASE OPERATING SUPPORT .............................................................................................. 111,550 111,550 111,550 111,550 

SUBTOTAL OPERATING FORCES .............................................................................. 249,768 249,768 255,268 700 250,468 

ADMIN & SRVWD ACTIVITIES 

050 SERVICEWIDE TRANSPORTATION ....................................................................................... 902 902 902 902 


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060 ADMINISTRATION ............................................................................................................... 11,130 11,130 11,130 11,130 070 RECRUITING AND ADVERTISING ........................................................................................ 8,833 8,833 8,833 8,833 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................................................................ 20,865 20,865 20,865 20,865 

UNDISTRIBUTED 

090 UNDISTRIBUTED ................................................................................................................ –800 –800 –800 

Excessive standard price for fuel ........................................................................... [–800 ] [–800 ] SUBTOTAL UNDISTRIBUTED ..................................................................................... –800 –800 –800 

TOTAL OPERATION & MAINTENANCE, MC RESERVE ........................................... 270,633 269,833 276,133 –100 270,533 

OPERATION & MAINTENANCE, AIR FORCE OPERATING FORCES 

010 PRIMARY COMBAT FORCES .............................................................................................. 3,294,124 3,294,124 3,294,124 3,294,124 

020 COMBAT ENHANCEMENT FORCES ..................................................................................... 1,682,045 1,682,045 1,684,845 2,800 1,684,845 

HH–60 unfunded requirement ................................................................................. [2,800 ] [2,800 ] 

030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) ........................................................ 1,730,757 1,730,757 1,730,757 1,730,757 

040 DEPOT MAINTENANCE ....................................................................................................... 7,042,988 6,986,488 7,193,388 113,076 7,156,064 

Compass Call Program Restructure ........................................................................ [–56,500 ] [–56,500 ] Weapon system sustainment unfunded requirement ............................................. [150,400 ] [169,576 ] 

050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .......................................... 1,657,019 1,657,019 1,657,019 53,000 1,710,019 

Restore Sustainment shortfalls ............................................................................... [53,000 ] 

060 BASE SUPPORT ................................................................................................................. 2,787,216 2,787,216 2,787,216 2,787,216 

070 GLOBAL C3I AND EARLY WARNING ................................................................................... 887,831 887,831 887,831 40,000 927,831 

Air Force unfunded requirement—Ground Based Radars ..................................... [40,000 ] 

080 OTHER COMBAT OPS SPT PROGRAMS .............................................................................. 1,070,178 1,070,178 1,070,178 1,070,178 

100 LAUNCH FACILITIES ........................................................................................................... 208,582 208,582 208,582 208,582 110 SPACE CONTROL SYSTEMS ............................................................................................... 362,250 362,250 362,250 362,250 120 COMBATANT COMMANDERS DIRECT MISSION SUPPORT .................................................. 907,245 907,245 907,245 907,245 

130 COMBATANT COMMANDERS CORE OPERATIONS .............................................................. 199,171 199,171 199,171 199,171 135 CLASSIFIED PROGRAMS .................................................................................................... 930,757 930,757 930,757 930,757 

SUBTOTAL OPERATING FORCES .............................................................................. 22,760,163 22,703,663 22,913,363 208,876 22,969,039 


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SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

MOBILIZATION 

140 AIRLIFT OPERATIONS ......................................................................................................... 1,703,059 1,703,059 1,703,059 1,703,059 

150 MOBILIZATION PREPAREDNESS ......................................................................................... 138,899 138,899 138,899 138,899 160 DEPOT MAINTENANCE ....................................................................................................... 1,553,439 1,553,439 1,619,839 66,424 1,619,863 

Weapon system sustainment unfunded requirement ............................................. [66,400 ] [66,424 ] 

170 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .......................................... 258,328 258,328 258,328 8,300 266,628 

Restore Sustainment shortfalls ............................................................................... [8,300 ] 

180 BASE SUPPORT ................................................................................................................. 722,756 722,756 722,756 722,756 

SUBTOTAL MOBILIZATION ........................................................................................ 4,376,481 4,376,481 4,442,881 74,724 4,451,205 

TRAINING AND RECRUITING 

190 OFFICER ACQUISITION ....................................................................................................... 120,886 120,886 120,886 120,886 

200 RECRUIT TRAINING ........................................................................................................... 23,782 23,782 23,782 23,782 210 RESERVE OFFICERS TRAINING CORPS (ROTC) ................................................................. 77,692 77,692 77,692 77,692 220 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .......................................... 236,254 236,254 393,954 7,600 243,854 

Restore Sustainment shortfalls ............................................................................... [157,700 ] [7,600 ] 

230 BASE SUPPORT ................................................................................................................. 819,915 819,915 819,915 819,915 240 SPECIALIZED SKILL TRAINING ........................................................................................... 387,446 387,446 387,446 387,446 250 FLIGHT TRAINING .............................................................................................................. 725,134 725,134 725,134 725,134 260 PROFESSIONAL DEVELOPMENT EDUCATION ...................................................................... 264,213 264,213 264,213 264,213 270 TRAINING SUPPORT ........................................................................................................... 86,681 86,681 86,681 86,681 280 DEPOT MAINTENANCE ....................................................................................................... 305,004 305,004 305,004 305,004 290 RECRUITING AND ADVERTISING ........................................................................................ 104,754 104,754 77,754 104,754 

Advertising unjustified growth ................................................................................ [–27,000 ] 

300 EXAMINING ........................................................................................................................ 3,944 3,944 3,944 3,944 310 OFF-DUTY AND VOLUNTARY EDUCATION .......................................................................... 184,841 184,841 184,841 184,841 


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320 CIVILIAN EDUCATION AND TRAINING ................................................................................ 173,583 173,583 173,583 173,583 330 JUNIOR ROTC .................................................................................................................... 58,877 58,877 58,877 58,877 

SUBTOTAL TRAINING AND RECRUITING .................................................................. 3,573,006 3,573,006 3,703,706 7,600 3,580,606 

ADMIN & SRVWD ACTIVITIES 

340 LOGISTICS OPERATIONS .................................................................................................... 1,107,846 1,107,846 1,107,846 1,107,846 

350 TECHNICAL SUPPORT ACTIVITIES ...................................................................................... 924,185 924,185 924,185 924,185 360 DEPOT MAINTENANCE ....................................................................................................... 48,778 48,778 48,778 48,778 370 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .......................................... 321,013 321,013 321,013 10,300 331,313 

Restore Sustainment shortfalls ............................................................................... [10,300 ] 

380 BASE SUPPORT ................................................................................................................. 1,115,910 1,115,910 1,115,910 1,115,910 

390 ADMINISTRATION ............................................................................................................... 811,650 811,650 811,650 811,650 400 SERVICEWIDE COMMUNICATIONS ..................................................................................... 269,809 269,809 269,809 269,809 410 OTHER SERVICEWIDE ACTIVITIES ...................................................................................... 961,304 961,304 961,304 961,304 420 CIVIL AIR PATROL ............................................................................................................. 25,735 30,500 25,735 2,800 28,535 

Civil Air Patrol O&M Support .................................................................................. [4,765 ] [2,800 ]

450 INTERNATIONAL SUPPORT ................................................................................................. 90,573 90,573 90,573 90,573 460 CLASSIFIED PROGRAMS .................................................................................................... 1,131,603 1,131,603 1,131,603 1,131,603 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................................................................ 6,808,406 6,813,171 6,808,406 13,100 6,821,506 

UNDISTRIBUTED 

470 UNDISTRIBUTED ................................................................................................................ –765,900 –436,910 –484,700 –484,700 

15% printing reduction ........................................................................................... [–8,900 ] Excessive standard price for fuel ........................................................................... [–368,000 ] [–394,560 ] [–368,000 ] Foreign Currency adjustments ................................................................................ [–116,700 ] [–33,450 ] [–116,700 ] Historical unobligated balances ............................................................................. [–288,000 ] Prohibition on Per Diem Allowance Reduction ........................................................ [6,800 ] SUBTOTAL UNDISTRIBUTED ..................................................................................... –765,900 –436,910 –484,700 –484,700 

TOTAL OPERATION & MAINTENANCE, AIR FORCE .............................................. 37,518,056 36,700,421 37,431,446 –180,400 37,337,656 

OPERATION & MAINTENANCE, AF RESERVE 


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SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES .............................................................................................. 1,707,882 1,707,882 1,707,882 1,707,882 

020 MISSION SUPPORT OPERATIONS ....................................................................................... 230,016 230,016 259,016 230,016 

Lodging in kind unfunded requirement .................................................................. [29,000 ] 

030 DEPOT MAINTENANCE ....................................................................................................... 541,743 541,743 541,743 541,743 

040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .......................................... 113,470 113,470 125,170 2,700 116,170 

Restore Sustainment shortfalls ............................................................................... [11,700 ] [2,700 ]

050 BASE SUPPORT ................................................................................................................. 384,832 384,832 384,832 384,832 

SUBTOTAL OPERATING FORCES .............................................................................. 2,977,943 2,977,943 3,018,643 2,700 2,980,643 

ADMINISTRATION AND SERVICEWIDE ACTIVITIES 

060 ADMINISTRATION ............................................................................................................... 54,939 54,939 54,939 54,939 

070 RECRUITING AND ADVERTISING ........................................................................................ 14,754 14,754 14,754 14,754 080 MILITARY MANPOWER AND PERS MGMT (ARPC) .............................................................. 12,707 12,707 12,707 12,707 090 OTHER PERS SUPPORT (DISABILITY COMP) ..................................................................... 7,210 7,210 7,210 7,210 100 AUDIOVISUAL ..................................................................................................................... 376 376 376 376 

SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES ................................. 89,986 89,986 89,986 89,986 

UNDISTRIBUTED 

110 UNDISTRIBUTED ................................................................................................................ –59,700 –59,700 –59,700 

Excessive standard price for fuel ........................................................................... [–59,700 ] [–59,700 ] SUBTOTAL UNDISTRIBUTED ..................................................................................... –59,700 –59,700 –59,700 

TOTAL OPERATION & MAINTENANCE, AF RESERVE ............................................ 3,067,929 3,008,229 3,108,629 –57,000 3,010,929 

OPERATION & MAINTENANCE, ANG OPERATING FORCES 


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010 AIRCRAFT OPERATIONS ..................................................................................................... 3,282,238 3,282,238 3,282,238 –4,000 3,278,238 

Unjustifed growth .................................................................................................... [–4,000 ] 

020 MISSION SUPPORT OPERATIONS ....................................................................................... 723,062 723,062 723,062 723,062 

030 DEPOT MAINTENANCE ....................................................................................................... 1,824,329 1,824,329 1,867,529 43,200 1,867,529 

Weapon system sustainment engines unfunded requirement ............................... [3,200 ] [3,200 ] Weapon system sustainment unfunded requirement ............................................. [40,000 ] [40,000 ] 

040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .......................................... 245,840 245,840 259,840 9,100 254,940 

Restore Sustainment shortfalls ............................................................................... [14,000 ] [9,100 ]

050 BASE SUPPORT ................................................................................................................. 575,548 575,548 575,548 575,548 

SUBTOTAL OPERATING FORCES .............................................................................. 6,651,017 6,651,017 6,708,217 48,300 6,699,317 

ADMINISTRATION AND SERVICE-WIDE ACTIVITIES 

060 ADMINISTRATION ............................................................................................................... 23,715 26,239 23,715 23,715 

National Guard State Partnership Program ............................................................ [2,524 ] 

070 RECRUITING AND ADVERTISING ........................................................................................ 28,846 28,846 28,846 28,846 

SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES ............................... 52,561 55,085 52,561 52,561 

UNDISTRIBUTED 

080 UNDISTRIBUTED ................................................................................................................ –117,700 –117,700 –117,700 

Excessive standard price for fuel ........................................................................... [–117,700 ] [–117,700 ] SUBTOTAL UNDISTRIBUTED ..................................................................................... –117,700 –117,700 –117,700 

TOTAL OPERATION & MAINTENANCE, ANG ......................................................... 6,703,578 6,588,402 6,760,778 –69,400 6,634,178 

OPERATION & MAINTENANCE, DEFENSE-WIDE OPERATING FORCES 

010 JOINT CHIEFS OF STAFF .................................................................................................... 506,113 506,113 506,113 506,113 

020 OFFICE OF THE SECRETARY OF DEFENSE ........................................................................ 524,439 519,439 524,439 524,439 

Program decrease .................................................................................................... [–5,000 ] 

030 SPECIAL OPERATIONS COMMAND/OPERATING FORCES .................................................... 4,898,159 4,898,159 4,852,859 –8,800 4,889,359 

Unjustified growth in total civilian compensation ................................................. [–45,300 ] [–8,800 ] SUBTOTAL OPERATING FORCES .............................................................................. 5,928,711 5,923,711 5,883,411 –8,800 5,919,911 


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SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

TRAINING AND RECRUITING 

040 DEFENSE ACQUISITION UNIVERSITY .................................................................................. 138,658 138,658 138,658 138,658 

050 JOINT CHIEFS OF STAFF .................................................................................................... 85,701 85,701 95,701 85,701 

Model alternative design of reconaissance strike group ....................................... [10,000 ] 

070 SPECIAL OPERATIONS COMMAND/TRAINING AND RECRUITING ........................................ 365,349 365,349 365,349 365,349 

SUBTOTAL TRAINING AND RECRUITING .................................................................. 589,708 589,708 599,708 589,708 

ADMINISTRATION AND SERVICEWIDE ACTIVITIES 

080 CIVIL MILITARY PROGRAMS .............................................................................................. 160,480 195,480 185,480 35,339 195,819 

National Guard Youth Challenge Program .............................................................. [15,000 ] [10,339 ] STARBASE ................................................................................................................ [20,000 ] [25,000 ] [25,000 ] 

100 DEFENSE CONTRACT AUDIT AGENCY ................................................................................ 630,925 630,925 630,925 630,925 110 DEFENSE CONTRACT MANAGEMENT AGENCY ................................................................... 1,356,380 1,356,380 1,356,380 1,356,380 120 DEFENSE HUMAN RESOURCES ACTIVITY .......................................................................... 683,620 683,620 683,620 683,620 130 DEFENSE INFORMATION SYSTEMS AGENCY ...................................................................... 1,439,891 1,439,891 1,439,891 1,439,891 150 DEFENSE LEGAL SERVICES AGENCY ................................................................................. 24,984 24,984 24,984 24,984 160 DEFENSE LOGISTICS AGENCY ........................................................................................... 357,964 354,964 352,164 –5,800 352,164 

Price Comparability Office unjustified growth ........................................................ [–3,000 ] [–5,800 ] [–5,800 ] 

170 DEFENSE MEDIA ACTIVITY ................................................................................................ 223,422 213,422 223,422 223,422 

Program decrease .................................................................................................... [–10,000 ] 

180 DEFENSE PERSONNEL ACCOUNTING AGENCY ................................................................... 112,681 112,681 112,681 112,681 

190 DEFENSE SECURITY COOPERATION AGENCY .................................................................... 496,754 496,754 81,954 125,000 621,754 

Transfer Combatting Terrorism Fellowship to to Security Cooperation Enhancement Fund ........................................................................................................... [–26,800 ] Transfer Defense Institute of International Legal Studies to Security Cooperation 

Enhancement Fund ............................................................................................. [–2,600 ] 


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Transfer Defense Institution Reform Initiative to to Security Cooperation Enhancement Fund ................................................................................................. [–25,600 ] Transfer from Drug Interdiction and Counter-Drug Activities ................................ [125,000 ] Transfer Global Train and Equip to Security Cooperation Enhancement Fund ..... [–270,200 ] Transfer Ministry of Defense Advisors to to Security Cooperation Enhancement 

Fund .................................................................................................................... [–9,200 ] 

Transfer Regional Centers to Security Cooperation Enhancement Fund ............... [–58,600 ] Transfer Wales initaitive Fund/Partnership for Peace to Security Cooperation Enhancement Fund ................................................................................................. [–21,800 ] 

200 DEFENSE SECURITY SERVICE ........................................................................................... 538,711 538,711 538,711 538,711 

230 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION ........................................................ 35,417 35,417 35,417 35,417 240 DEFENSE THREAT REDUCTION AGENCY ............................................................................ 448,146 448,146 448,146 448,146 260 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY ............................................................ 2,671,143 2,701,143 2,701,143 30,000 2,701,143 

Impact Aid ............................................................................................................... [30,000 ] [25,000 ] [25,000 ] Impact Aid severe disabilities ................................................................................ [5,000 ] [5,000 ]

270 MISSILE DEFENSE AGENCY ............................................................................................... 446,975 446,975 446,975 446,975 290 OFFICE OF ECONOMIC ADJUSTMENT ................................................................................. 155,399 155,399 123,199 –19,200 136,199 

Guam public health lab .......................................................................................... [–32,200 ] [–19,200 ] 

300 OFFICE OF THE SECRETARY OF DEFENSE ........................................................................ 1,481,643 1,406,713 1,502,643 5,650 1,487,293 

Alcohol Abuse Prevention Program ......................................................................... [1,000 ] BRAC 2017 Round Planning and Analyses ............................................................ [–3,530 ] [–4,000 ] [–3,530 ] CWMD Sustainment: Constellation program reduction ........................................... [–3,800 ] [–3,800 ] DOD rewards early to need ..................................................................................... [–5,000 ] [–1,000 ] Intelligence Management—program reduction ...................................................... [–1,000 ] Program decrease .................................................................................................... [–84,428 ] Reeadiness environmental protection initiative ...................................................... [15,828 ] [14,980 ] Secretary of Defense Delivery Unit .......................................................................... [30,000 ] 

310 SPECIAL OPERATIONS COMMAND/ADMIN & SVC-WIDE ACTIVITIES .................................. 89,429 70,829 89,429 89,429 

SOCOM MH–60 Block Upgrades / MH–60M Replacement ..................................... [–18,600 ] 

320 WASHINGTON HEADQUARTERS SERVICES ......................................................................... 629,874 619,874 629,874 629,874 

Program decrease .................................................................................................... [–10,000 ] 

330 CLASSIFIED PROGRAMS .................................................................................................... 14,069,333 14,071,333 14,054,033 14,069,333 


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SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

Classified adjustment ............................................................................................. [2,000 ] Reduction to NSA Information Systems and Security Program (4GT4) .................. [–27,000 ] Sharkseer email protection ..................................................................................... [11,700 ] SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES ................................. 26,053,171 26,003,641 25,661,071 170,989 26,224,160 

UNDISTRIBUTED 

340 UNDISTRIBUTED ................................................................................................................ –308,900 –33,080 –47,100 –47,100 

15% printing reduction ........................................................................................... [–1,400 ] Commission on Military, National, and Public Service .......................................... [15,000 ] Excessive standard price for fuel ........................................................................... [–17,800 ] [–41,100 ] [–17,800 ] Foreign Currency adjustments ................................................................................ [–34,300 ] [–10,580 ] [–34,300 ] Historical unobligated balances ............................................................................. [–248,100 ] Program decrease .................................................................................................... [–15,000 ] Prohibition on Per Diem Allowance Reduction ........................................................ [6,300 ] Temporary Duty Assignment Per Diem Rate Waiver ............................................... [5,000 ] [5,000 ] SUBTOTAL UNDISTRIBUTED ..................................................................................... –308,900 –33,080 –47,100 –47,100 

TOTAL OPERATION & MAINTENANCE, DEFENSE-WIDE ....................................... 32,571,590 32,208,160 32,111,110 115,089 32,686,679 

MISCELLANEOUS APPROPRIATIONS MISCELLANEOUS APPROPRIATIONS 

010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE ......................................... 14,194 14,194 14,194 14,194 020 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID ..................................................... 105,125 105,125 105,125 105,125 

030 COOPERATIVE THREAT REDUCTION .................................................................................. 325,604 325,604 325,604 325,604 050 ENVIRONMENTAL RESTORATION, ARMY ............................................................................ 170,167 170,167 170,167 170,167 060 ENVIRONMENTAL RESTORATION, NAVY ............................................................................. 281,762 281,762 281,762 281,762 070 ENVIRONMENTAL RESTORATION, AIR FORCE .................................................................... 371,521 371,521 371,521 371,521 


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080 ENVIRONMENTAL RESTORATION, DEFENSE ....................................................................... 9,009 9,009 9,009 9,009 090 ENVIRONMENTAL RESTORATION FORMERLY USED SITES ................................................. 197,084 197,084 197,084 197,084 

SUBTOTAL MISCELLANEOUS APPROPRIATIONS ....................................................... 1,474,466 1,474,466 1,474,466 1,474,466 

TOTAL MISCELLANEOUS APPROPRIATIONS ......................................................... 1,474,466 1,474,466 1,474,466 1,474,466 TOTAL OPERATION & MAINTENANCE .................................................................. 171,318,488 169,322,271 171,389,798 552,408 171,870,896 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS. 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

OPERATION & MAINTENANCE, ARMY OPERATING FORCES 

010 MANEUVER UNITS ................................................................................................................... 427,063 416,263 427,063 –10,800 416,263 

Army requested realignment (ERI) ............................................................................... [–10,800 ] [–10,800 ] 

040 THEATER LEVEL ASSETS ......................................................................................................... 1,834,423 1,904,523 1,834,423 1,834,423 

Operational support for deployed end strength of 9,800 in Afghanistan ................... [70,100 ] 

050 LAND FORCES OPERATIONS SUPPORT ................................................................................... 558,086 158,386 558,086 –132,000 426,086 

Army requested realignment (ERI) ............................................................................... [–132,000 ] [–132,000 ] Operational support for deployed end strength of 9,800 in Afghanistan ................... [67,200 ] Realign APS Unit Set Requirements to Base ............................................................... [–334,900 ] 

060 AVIATION ASSETS ................................................................................................................... 58,620 90,120 58,620 58,620 

Operational support for deployed end strength of 9,800 in Afghanistan ................... [31,500 ] 

070 FORCE READINESS OPERATIONS SUPPORT ............................................................................ 1,552,468 1,725,968 1,552,468 –2,000 1,550,468 

Army requested realignment (ERI) ............................................................................... [–2,000 ] [–2,000 ] Operational support for deployed end strength of 9,800 in Afghanistan ................... [175,500 ] 

080 LAND FORCES SYSTEMS READINESS ..................................................................................... 476,853 486,853 476,853 476,853 

Operational support for deployed end strength of 9,800 in Afghanistan ................... [10,000 ] 

100 BASE OPERATIONS SUPPORT ................................................................................................. 45,749 30,749 45,749 45,749 


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SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

Realign APS Unit Set Requirements to Base ............................................................... [–15,000 ] 

140 ADDITIONAL ACTIVITIES .......................................................................................................... 8,234,566 9,315,166 8,234,566 8,234,566 

Operational support for deployed end strength of 9,800 in Afghanistan ................... [1,093,200 ] Realign APS Unit Set Requirements to Base ............................................................... [–12,600 ] 

150 COMMANDERS EMERGENCY RESPONSE PROGRAM ............................................................... 5,000 5,000 5,000 5,000160 RESET ..................................................................................................................................... 1,100,722 1,100,722 1,100,722 1,100,722 170 COMBATANT COMMANDS DIRECT MISSION SUPPORT ............................................................ 79,568 79,568 79,568 79,568 

SUBTOTAL OPERATING FORCES .................................................................................... 14,373,118 15,313,318 14,373,118 –144,800 14,228,318 

MOBILIZATION 

190 ARMY PREPOSITIONED STOCKS .............................................................................................. 350,200 130,000 350,200 –220,200 130,000 

Army requested realignment (ERI) ............................................................................... [–220,200 ] [–220,200 ] SUBTOTAL MOBILIZATION ............................................................................................. 350,200 130,000 350,200 –220,200 130,000 

ADMIN & SRVWIDE ACTIVITIES 

350 SERVICEWIDE TRANSPORTATION ............................................................................................ 720,399 739,499 720,399 120,000 840,399 

Army requested realignment (ERI) ............................................................................... [120,000 ] [120,000 ] Operational support for deployed end strength of 9,800 in Afghanistan ................... [203,100 ] Realign APS Unit Set Requirements to Base ............................................................... [–304,000 ] 

380 AMMUNITION MANAGEMENT ................................................................................................... 13,974 49,074 13,974 13,974 

Operational support for deployed end strength of 9,800 in Afghanistan ................... [35,100 ] 

420 OTHER PERSONNEL SUPPORT ................................................................................................ 105,508 105,508 105,508 105,508 

450 REAL ESTATE MANAGEMENT .................................................................................................. 185,904 283,404 185,904 185,904 

Operational support for deployed end strength of 9,800 in Afghanistan ................... [97,500 ] 

530 CLASSIFIED PROGRAMS .......................................................................................................... 909,278 923,578 909,278 909,278 

Operational support for deployed end strength of 9,800 in Afghanistan ................... [14,300 ] SUBTOTAL ADMIN & SRVWIDE ACTIVITIES ................................................................... 1,935,063 2,101,063 1,935,063 120,000 2,055,063 


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UNDISTRIBUTED 

540 UNDISTRIBUTED ...................................................................................................................... –6,083,330 

Excessive standard price for fuel ................................................................................. [–138,600 ] Historical unobligated balances ................................................................................... [–188,500 ] Prorated OCO allocation in support of base readiness requirements ......................... [–5,756,230 ] SUBTOTAL UNDISTRIBUTED ........................................................................................... –6,083,330 

TOTAL OPERATION & MAINTENANCE, ARMY ............................................................ 16,658,381 11,461,051 16,658,381 –245,000 16,413,381 

OPERATION & MAINTENANCE, ARMY RES OPERATING FORCES 

020 ECHELONS ABOVE BRIGADE ................................................................................................... 6,252 9,252 6,252 6,252 

Operational support for deployed end strength of 9,800 in Afghanistan ................... [3,000 ] 

040 LAND FORCES OPERATIONS SUPPORT ................................................................................... 2,075 3,075 2,075 2,075 

Operational support for deployed end strength of 9,800 in Afghanistan ................... [1,000 ] 

060 FORCE READINESS OPERATIONS SUPPORT ............................................................................ 1,140 1,440 1,140 1,140 

Operational support for deployed end strength of 9,800 in Afghanistan ................... [300 ] 

090 BASE OPERATIONS SUPPORT ................................................................................................. 14,653 15,153 14,653 14,653 

Operational support for deployed end strength of 9,800 in Afghanistan ................... [500 ] SUBTOTAL OPERATING FORCES .................................................................................... 24,120 28,920 24,120 24,120 

UNDISTRIBUTED 

180 UNDISTRIBUTED ...................................................................................................................... –11,394 

Prorated OCO allocation in support of base readiness requirements ......................... [–11,394 ] SUBTOTAL UNDISTRIBUTED ........................................................................................... –11,394 

TOTAL OPERATION & MAINTENANCE, ARMY RES ..................................................... 24,120 17,526 24,120 24,120 

OPERATION & MAINTENANCE, ARNG OPERATING FORCES 

010 MANEUVER UNITS ................................................................................................................... 10,564 16,564 10,564 10,564 


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SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

Operational support for deployed end strength of 9,800 in Afghanistan ................... [6,000 ] 

020 MODULAR SUPPORT BRIGADES .............................................................................................. 748 748 748 748 

030 ECHELONS ABOVE BRIGADE ................................................................................................... 5,751 7,451 5,751 5,751 

Operational support for deployed end strength of 9,800 in Afghanistan ................... [1,700 ] 

040 THEATER LEVEL ASSETS ......................................................................................................... 200 200 200 200 060 AVIATION ASSETS ................................................................................................................... 27,183 30,983 27,183 27,183 

Operational support for deployed end strength of 9,800 in Afghanistan ................... [3,800 ] 

070 FORCE READINESS OPERATIONS SUPPORT ............................................................................ 2,741 2,741 2,741 2,741 

100 BASE OPERATIONS SUPPORT ................................................................................................. 18,800 18,800 18,800 18,800 120 MANAGEMENT AND OPERATIONAL HEADQUARTERS ............................................................... 920 920 920 920 

SUBTOTAL OPERATING FORCES .................................................................................... 66,907 78,407 66,907 66,907 

UNDISTRIBUTED 

190 UNDISTRIBUTED ...................................................................................................................... –30,892 

Prorated OCO allocation in support of base readiness requirements ......................... [–30,892 ] SUBTOTAL UNDISTRIBUTED ........................................................................................... –30,892 

TOTAL OPERATION & MAINTENANCE, ARNG ............................................................. 66,907 47,515 66,907 66,907 

AFGHANISTAN SECURITY FORCES FUND MINISTRY OF DEFENSE 

010 SUSTAINMENT ......................................................................................................................... 2,173,341 2,173,341 2,173,341 2,173,341 020 INFRASTRUCTURE ................................................................................................................... 48,262 48,262 48,262 48,262 030 EQUIPMENT AND TRANSPORTATION ....................................................................................... 821,716 921,547 821,716 821,716 

Maintain security forces at fiscal year 2016 levels .................................................... [99,831 ] 

040 TRAINING AND OPERATIONS ................................................................................................... 289,139 350,555 289,139 289,139 

Maintain security forces at fiscal year 2016 levels .................................................... [61,416 ] 


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SUBTOTAL MINISTRY OF DEFENSE ............................................................................... 3,332,458 3,493,705 3,332,458 3,332,458 

MINISTRY OF INTERIOR 

050 SUSTAINMENT ......................................................................................................................... 860,441 880,300 860,441 860,441 

Maintain security forces at fiscal year 2016 levels .................................................... [19,859 ] 

060 INFRASTRUCTURE ................................................................................................................... 20,837 20,837 20,837 20,837 070 EQUIPMENT AND TRANSPORTATION ....................................................................................... 8,153 116,573 8,153 8,153 

Maintain security forces at fiscal year 2016 levels .................................................... [108,420 ] 

080 TRAINING AND OPERATIONS ................................................................................................... 41,326 65,342 41,326 41,326 

Maintain security forces at fiscal year 2016 levels .................................................... [24,016 ] SUBTOTAL MINISTRY OF INTERIOR .............................................................................. 930,757 1,083,052 930,757 930,757 

UNDISTRIBUTED 

110 UNDISTRIBUTED ...................................................................................................................... –1,482,289 

Prorated OCO allocation in support of base readiness requirements ......................... [–1,482,289 ] SUBTOTAL UNDISTRIBUTED ........................................................................................... –1,482,289 

TOTAL AFGHANISTAN SECURITY FORCES FUND ....................................................... 4,263,215 3,094,468 4,263,215 4,263,215 

IRAQ TRAIN AND EQUIP FUND IRAQ TRAIN AND EQUIP FUND 

010 IRAQ TRAIN AND EQUIP FUND ................................................................................................ 919,500 969,500 1,549,500 –919,500 0 

Support to Kurdish and Sunni tribal security forces for operations in Mosul, Iraq ... [50,000 ] Transfer from Coalition Support Fund .......................................................................... [180,000 ] Transfer from Counterterrorism Partnership Fund ....................................................... [200,000 ] Transfer from Syria Train and Equip Fund .................................................................. [250,000 ] Transfer to Counter-ISIL Fund ...................................................................................... [–919,500 ] SUBTOTAL IRAQ TRAIN AND EQUIP FUND .................................................................... 919,500 969,500 1,549,500 –919,500 0 

UNDISTRIBUTED 

020 UNDISTRIBUTED ...................................................................................................................... –267,913 

Prorated OCO allocation in support of base readiness requirements ......................... [–267,913 ] 


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SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

SUBTOTAL UNDISTRIBUTED ........................................................................................... –267,913 

TOTAL IRAQ TRAIN AND EQUIP FUND ...................................................................... 919,500 701,587 1,549,500 –919,500 0 

SYRIA TRAIN AND EQUIP FUND SYRIA TRAIN AND EQUIP FUND 

010 SYRIA TRAIN AND EQUIP FUND .............................................................................................. 250,000 250,000 –250,000 0 

Transfer to Counter-ISIL Fund ...................................................................................... [–250,000 ] [–250,000 ] SUBTOTAL SYRIA TRAIN AND EQUIP FUND .................................................................. 250,000 250,000 –250,000 0 

UNDISTRIBUTED 

020 UNDISTRIBUTED ...................................................................................................................... –98,497 

Prorated OCO allocation in support of base readiness requirements ......................... [–98,497 ] SUBTOTAL UNDISTRIBUTED ........................................................................................... –98,497 

TOTAL SYRIA TRAIN AND EQUIP FUND .................................................................... 250,000 151,503 –250,000 0 

COUNTER-ISIL FUND COUNTER-ISIL FUND 

010 COUNTER-ISIL FUND ............................................................................................................... 1,169,500 1,169,500 

Transfer from Iraq Train and Equip ............................................................................. [919,500 ] Transfer from Syria Train and Equip ........................................................................... [250,000 ] SUBTOTAL COUNTER-ISIL FUND ................................................................................... 1,169,500 1,169,500 

TOTAL COUNTER-ISIL FUND ..................................................................................... 1,169,500 1,169,500 

OPERATION & MAINTENANCE, NAVY 


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OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ............................................................................ 427,452 427,452 427,452 427,452 

040 AIR OPERATIONS AND SAFETY SUPPORT ............................................................................... 4,603 4,603 4,603 4,603 050 AIR SYSTEMS SUPPORT .......................................................................................................... 159,049 159,049 159,049 159,049 060 AIRCRAFT DEPOT MAINTENANCE ............................................................................................ 113,994 113,994 113,994 113,994 070 AIRCRAFT DEPOT OPERATIONS SUPPORT ............................................................................... 1,840 1,840 1,840 1,840 080 AVIATION LOGISTICS ............................................................................................................... 35,529 35,529 35,529 35,529 090 MISSION AND OTHER SHIP OPERATIONS ................................................................................ 1,073,080 1,073,080 1,073,080 1,073,080 100 SHIP OPERATIONS SUPPORT & TRAINING .............................................................................. 17,306 17,306 17,306 17,306 110 SHIP DEPOT MAINTENANCE .................................................................................................... 2,128,431 2,128,431 2,128,431 2,128,431 130 COMBAT COMMUNICATIONS ................................................................................................... 21,257 21,257 21,257 21,257 160 WARFARE TACTICS ................................................................................................................. 22,603 22,603 22,603 22,603 170 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY ............................................................. 22,934 22,934 22,934 22,934 180 COMBAT SUPPORT FORCES .................................................................................................... 575,305 575,305 575,305 575,305 190 EQUIPMENT MAINTENANCE ..................................................................................................... 11,358 11,358 11,358 11,358 250 IN-SERVICE WEAPONS SYSTEMS SUPPORT ............................................................................ 61,000 61,000 61,000 61,000 260 WEAPONS MAINTENANCE ........................................................................................................ 309,045 309,045 309,045 309,045 270 OTHER WEAPON SYSTEMS SUPPORT ...................................................................................... 8,000 8,000 8,000 8,000 290 SUSTAINMENT, RESTORATION AND MODERNIZATION ............................................................. 7,819 7,819 7,819 7,819 300 BASE OPERATING SUPPORT ................................................................................................... 61,493 61,493 61,493 61,493 

SUBTOTAL OPERATING FORCES .................................................................................... 5,062,098 5,062,098 5,062,098 5,062,098 

MOBILIZATION 

330 AIRCRAFT ACTIVATIONS/INACTIVATIONS ................................................................................. 1,530 1,530 1,530 1,530 

350 EXPEDITIONARY HEALTH SERVICES SYSTEMS ........................................................................ 6,713 6,713 6,713 6,713 370 COAST GUARD SUPPORT ........................................................................................................ 162,692 162,692 162,692 162,692 

SUBTOTAL MOBILIZATION ............................................................................................. 170,935 170,935 170,935 170,935 

TRAINING AND RECRUITING 

410 SPECIALIZED SKILL TRAINING ................................................................................................ 43,365 43,365 43,365 43,365 

SUBTOTAL TRAINING AND RECRUITING ........................................................................ 43,365 43,365 43,365 43,365 


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SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

ADMIN & SRVWD ACTIVITIES 

490 ADMINISTRATION .................................................................................................................... 3,764 3,764 3,764 3,764 500 EXTERNAL RELATIONS ............................................................................................................ 515 515 515 515 520 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ......................................................... 5,409 5,409 5,409 5,409 530 OTHER PERSONNEL SUPPORT ................................................................................................ 1,578 1,578 1,578 1,578 

570 SERVICEWIDE TRANSPORTATION ............................................................................................ 126,700 126,700 126,700 126,700 600 ACQUISITION AND PROGRAM MANAGEMENT .......................................................................... 9,261 9,261 9,261 9,261 640 NAVAL INVESTIGATIVE SERVICE ............................................................................................. 1,501 1,501 1,501 1,501 730 CLASSIFIED PROGRAMS .......................................................................................................... 16,280 16,280 16,280 16,280 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ...................................................................... 165,008 165,008 165,008 165,008 

UNDISTRIBUTED 

740 UNDISTRIBUTED ...................................................................................................................... –2,226,518 

Excessive standard price for fuel ................................................................................. [–120,300 ] Prorated OCO allocation in support of base readiness requirements ......................... [–2,106,218 ] SUBTOTAL UNDISTRIBUTED ........................................................................................... –2,226,518 

TOTAL OPERATION & MAINTENANCE, NAVY ............................................................. 5,441,406 3,214,888 5,441,406 5,441,406 

OPERATION & MAINTENANCE, MARINE CORPS OPERATING FORCES 

010 OPERATIONAL FORCES ........................................................................................................... 571,935 638,235 571,935 571,935 

Operational support for deployed end strength of 9,800 in Afghanistan ................... [66,300 ] 

020 FIELD LOGISTICS .................................................................................................................... 266,094 266,094 266,094 266,094 030 DEPOT MAINTENANCE ............................................................................................................. 147,000 147,000 147,000 147,000 060 BASE OPERATING SUPPORT ................................................................................................... 18,576 18,576 18,576 18,576 

SUBTOTAL OPERATING FORCES .................................................................................... 1,003,605 1,069,905 1,003,605 1,003,605 


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TRAINING AND RECRUITING 

110 TRAINING SUPPORT ................................................................................................................ 31,750 31,750 31,750 31,750 

SUBTOTAL TRAINING AND RECRUITING ........................................................................ 31,750 31,750 31,750 31,750 

ADMIN & SRVWD ACTIVITIES 

150 SERVICEWIDE TRANSPORTATION ............................................................................................ 73,800 89,800 73,800 73,800 

Operational support for deployed end strength of 9,800 in Afghanistan ................... [16,000 ] 

200 CLASSIFIED PROGRAMS .......................................................................................................... 3,650 3,650 3,650 3,650 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ...................................................................... 77,450 93,450 77,450 77,450 

UNDISTRIBUTED 

210 UNDISTRIBUTED ...................................................................................................................... –413,593 

Excessive standard price for fuel ................................................................................. [–9,100 ] Prorated OCO allocation in support of base readiness requirements ......................... [–404,493 ] SUBTOTAL UNDISTRIBUTED ........................................................................................... –413,593 

TOTAL OPERATION & MAINTENANCE, MARINE CORPS ............................................ 1,112,805 781,512 1,112,805 1,112,805 

OPERATION & MAINTENANCE, NAVY RES OPERATING FORCES 

030 AIRCRAFT DEPOT MAINTENANCE ............................................................................................ 16,500 16,500 16,500 16,500 

050 AVIATION LOGISTICS ............................................................................................................... 2,522 2,522 2,522 2,522 100 COMBAT SUPPORT FORCES .................................................................................................... 7,243 7,243 7,243 7,243 

SUBTOTAL OPERATING FORCES .................................................................................... 26,265 26,265 26,265 26,265 

UNDISTRIBUTED 

200 UNDISTRIBUTED ...................................................................................................................... –10,448 

Excessive standard price for fuel ................................................................................. [–100 ] Prorated OCO allocation in support of base readiness requirements ......................... [–10,348 ] SUBTOTAL UNDISTRIBUTED ........................................................................................... –10,448 


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SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

TOTAL OPERATION & MAINTENANCE, NAVY RES ..................................................... 26,265 15,817 26,265 26,265 

OPERATION & MAINTENANCE, MC RESERVE OPERATING FORCES 

010 OPERATING FORCES ............................................................................................................... 2,500 2,500 2,500 2,500 040 BASE OPERATING SUPPORT ................................................................................................... 804 804 804 804 

SUBTOTAL OPERATING FORCES .................................................................................... 3,304 3,304 3,304 3,304 

UNDISTRIBUTED 

090 UNDISTRIBUTED ...................................................................................................................... –1,302 

Prorated OCO allocation in support of base readiness requirements ......................... [–1,302 ] SUBTOTAL UNDISTRIBUTED ........................................................................................... –1,302 

TOTAL OPERATION & MAINTENANCE, MC RESERVE ................................................ 3,304 2,002 3,304 3,304 

OPERATION & MAINTENANCE, AIR FORCE OPERATING FORCES 

010 PRIMARY COMBAT FORCES .................................................................................................... 1,852,159 1,883,059 1,880,159 38,000 1,890,159 

Enhancing readiness levels of DCA aircraft ................................................................ [10,000 ] [10,000 ] ERI nuclear readiness ................................................................................................... [28,000 ] [28,000 ] Operational support for deployed end strength of 9,800 in Afghanistan ................... [20,900 ] 

020 COMBAT ENHANCEMENT FORCES .......................................................................................... 1,127,319 1,148,219 1,127,319 1,127,319 

Operational support for deployed end strength of 9,800 in Afghanistan ................... [20,900 ] 

030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) ............................................................. 152,278 152,278 152,278 152,278 

040 DEPOT MAINTENANCE ............................................................................................................. 1,061,506 1,087,106 1,061,506 25,600 1,087,106 

Compass Call Program Restructure ............................................................................. [25,600 ] [25,600 ] 

050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ............................................... 56,700 56,700 56,700 56,700 


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060 BASE SUPPORT ....................................................................................................................... 941,714 941,714 941,714 941,714 070 GLOBAL C3I AND EARLY WARNING ........................................................................................ 30,219 30,219 30,219 30,219 080 OTHER COMBAT OPS SPT PROGRAMS ................................................................................... 213,696 223,696 213,696 5,000 218,696 

Promoting additional DCA burden sharing .................................................................. [5,000 ] [5,000 ] Supporting DCA dispersal CONOP development ........................................................... [5,000 ] 

100 LAUNCH FACILITIES ................................................................................................................ 869 869 869 869 

110 SPACE CONTROL SYSTEMS .................................................................................................... 5,008 5,008 5,008 5,008 120 COMBATANT COMMANDERS DIRECT MISSION SUPPORT ........................................................ 100,081 100,081 100,081 100,081 135 CLASSIFIED PROGRAMS .......................................................................................................... 79,893 79,893 79,893 79,893 

SUBTOTAL OPERATING FORCES .................................................................................... 5,621,442 5,708,842 5,649,442 68,600 5,690,042 

MOBILIZATION 

140 AIRLIFT OPERATIONS .............................................................................................................. 2,606,729 2,704,429 2,606,729 2,606,729 

Operational support for deployed end strength of 9,800 in Afghanistan ................... [97,700 ] 

150 MOBILIZATION PREPAREDNESS .............................................................................................. 108,163 108,163 108,163 108,163 

160 DEPOT MAINTENANCE ............................................................................................................. 891,102 891,102 891,102 891,102 180 BASE SUPPORT ....................................................................................................................... 3,686 3,686 3,686 3,686 

SUBTOTAL MOBILIZATION ............................................................................................. 3,609,680 3,707,380 3,609,680 3,609,680 

TRAINING AND RECRUITING 

230 BASE SUPPORT ....................................................................................................................... 52,740 52,740 52,740 52,740 

240 SPECIALIZED SKILL TRAINING ................................................................................................ 4,500 4,500 4,500 4,500 

SUBTOTAL TRAINING AND RECRUITING ........................................................................ 57,240 57,240 57,240 57,240 

ADMIN & SRVWD ACTIVITIES 

340 LOGISTICS OPERATIONS ......................................................................................................... 86,716 86,716 86,716 86,716 

380 BASE SUPPORT ....................................................................................................................... 59,133 59,133 59,133 59,133 400 SERVICEWIDE COMMUNICATIONS ........................................................................................... 165,348 165,348 165,348 165,348 410 OTHER SERVICEWIDE ACTIVITIES ........................................................................................... 141,883 141,883 116,783 –25,058 116,825 

Program reduction ........................................................................................................ [–25,100 ] [–25,058 ] 

450 INTERNATIONAL SUPPORT ...................................................................................................... 61 61 61 61 460 CLASSIFIED PROGRAMS .......................................................................................................... 15,823 15,823 15,823 15,823 


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SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ...................................................................... 468,964 468,964 443,864 –25,058 443,906 

UNDISTRIBUTED 

470 UNDISTRIBUTED ...................................................................................................................... –3,868,111 

Excessive standard price for fuel ................................................................................. [–101,600 ] Prorated OCO allocation in support of base readiness requirements ......................... [–3,766,511 ] SUBTOTAL UNDISTRIBUTED ........................................................................................... –3,868,111 

TOTAL OPERATION & MAINTENANCE, AIR FORCE .................................................... 9,757,326 6,074,315 9,760,226 43,542 9,800,868 

OPERATION & MAINTENANCE, AF RESERVE OPERATING FORCES 

030 DEPOT MAINTENANCE ............................................................................................................. 51,086 51,086 51,086 51,086 050 BASE SUPPORT ....................................................................................................................... 6,500 6,500 6,500 6,500 

SUBTOTAL OPERATING FORCES .................................................................................... 57,586 57,586 57,586 57,586 

UNDISTRIBUTED 

110 UNDISTRIBUTED ...................................................................................................................... –22,788 

Excessive standard price for fuel ................................................................................. [–100 ] Prorated OCO allocation in support of base readiness requirements ......................... [–22,688 ] SUBTOTAL UNDISTRIBUTED ........................................................................................... –22,788 

TOTAL OPERATION & MAINTENANCE, AF RESERVE ................................................. 57,586 34,798 57,586 57,586 

OPERATION & MAINTENANCE, ANG OPERATING FORCES 

020 MISSION SUPPORT OPERATIONS ............................................................................................ 3,400 3,400 3,400 3,400 


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050 BASE SUPPORT ....................................................................................................................... 16,600 16,600 16,600 16,600 

SUBTOTAL OPERATING FORCES .................................................................................... 20,000 20,000 20,000 20,000 

UNDISTRIBUTED 

080 UNDISTRIBUTED ...................................................................................................................... –7,880 

Prorated OCO allocation in support of base readiness requirements ......................... [–7,880 ] SUBTOTAL UNDISTRIBUTED ........................................................................................... –7,880 

TOTAL OPERATION & MAINTENANCE, ANG ............................................................... 20,000 12,120 20,000 20,000 

OPERATION & MAINTENANCE, DEFENSE-WIDE OPERATING FORCES 

010 JOINT CHIEFS OF STAFF ......................................................................................................... 10,000 10,000 10,000 

Enhancing exercise of DCA aircraft ............................................................................. [10,000 ] [10,000 ] 

030 SPECIAL OPERATIONS COMMAND/OPERATING FORCES .......................................................... 2,853,363 3,022,963 2,853,363 2,853,363 

Operational support for deployed end strength of 9,800 in Afghanistan ................... [169,600 ] SUBTOTAL OPERATING FORCES .................................................................................... 2,853,363 3,032,963 2,853,363 10,000 2,863,363 

ADMINISTRATION AND SERVICEWIDE ACTIVITIES 

100 DEFENSE CONTRACT AUDIT AGENCY ..................................................................................... 13,436 13,436 13,436 13,436 

110 DEFENSE CONTRACT MANAGEMENT AGENCY ......................................................................... 13,564 13,564 13,564 13,564 130 DEFENSE INFORMATION SYSTEMS AGENCY ........................................................................... 34,299 34,299 34,299 34,299 150 DEFENSE LEGAL SERVICES AGENCY ...................................................................................... 111,986 111,986 111,986 111,986 170 DEFENSE MEDIA ACTIVITY ...................................................................................................... 13,317 13,317 13,317 13,317 190 DEFENSE SECURITY COOPERATION AGENCY .......................................................................... 1,412,000 1,412,000 312,000 750,000 2,162,000 

Reduction to Coalition Support Funds ......................................................................... [–100,000 ] Transfer from Counterterrorism Partnership Fund ....................................................... [750,000 ] Transfer to Counter-ISIL Fund ...................................................................................... [–180,000 ] Transfer to Security Cooperation Enhancement Fund .................................................. [–820,000 ] 

260 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY .................................................................. 67,000 67,000 67,000 67,000 

300 OFFICE OF THE SECRETARY OF DEFENSE .............................................................................. 31,106 31,106 31,106 31,106 320 WASHINGTON HEADQUARTERS SERVICES .............................................................................. 3,137 3,137 3,137 3,137 


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SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

330 CLASSIFIED PROGRAMS .......................................................................................................... 1,803,880 1,803,880 1,803,880 1,803,880 

SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES ...................................... 3,503,725 3,503,725 2,403,725 750,000 4,253,725 

UNDISTRIBUTED 

340 UNDISTRIBUTED ...................................................................................................................... –2,418,878 

Excessive standard price for fuel ................................................................................. [–6,800 ] Operational support for deployed end strength of 9,800 in Afghanistan ................... [1,000 ] Prorated OCO allocation in support of base readiness requirements ......................... [–2,413,078 ] SUBTOTAL UNDISTRIBUTED ........................................................................................... –2,418,878 

TOTAL OPERATION & MAINTENANCE, DEFENSE-WIDE ............................................. 6,357,088 4,117,810 5,257,088 760,000 7,117,088 

TOTAL OPERATION & MAINTENANCE ........................................................................ 44,957,903 29,726,912 44,240,803 558,542 45,516,445 

SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS. 

SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS 

(In Thousands of Dollars) 

Line Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

OPERATION & MAINTENANCE, ARMY OPERATING FORCES 

010 MANEUVER UNITS ........................................................................................ 317,093 367,093 317,093 317,093 

Army unfunded requirement—Improve training from BN+ to BCT- [50,000 ] 

020 MODULAR SUPPORT BRIGADES ................................................................... 5,904 5,904 5,904 5,904 030 ECHELONS ABOVE BRIGADE ........................................................................ 38,614 38,614 38,614 38,614 040 THEATER LEVEL ASSETS .............................................................................. 8,361 8,361 8,361 8,361 


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050 LAND FORCES OPERATIONS SUPPORT ......................................................... 279,072 279,072 279,072 279,072 060 AVIATION ASSETS ......................................................................................... 106,424 206,924 106,424 106,424 

Army unfunded requirement—Meet air readiness targets ............... [68,000 ] Increase to support ARI—Eleventh CAB ........................................... [32,500 ] 

070 FORCE READINESS OPERATIONS SUPPORT ................................................. 253,533 253,533 253,533 253,533 090 LAND FORCES DEPOT MAINTENANCE .......................................................... 350,000 350,000 350,000 350,000 100 BASE OPERATIONS SUPPORT ....................................................................... 22,100 0 

Increase to support ARI—Eleventh CAB ........................................... [22,100 ] 

110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ..................... 922,000 113,800 113,800 

Increase Restoration & Modernization funding ................................. [494,900 ] [113,800 ] Restore Sustainment shortfalls .......................................................... [427,100 ] 

140 ADDITIONAL ACTIVITIES ................................................................................ 11,200 11,200 11,200 11,200 

SUBTOTAL OPERATING FORCES ......................................................... 1,370,201 2,464,801 1,370,201 113,800 1,484,001 

TRAINING AND RECRUITING 

250 SPECIALIZED SKILL TRAINING ...................................................................... 3,565 3,565 3,565 3,565 260 FLIGHT TRAINING ......................................................................................... 42,934 0 

Army unfunded requirement—Ensure AVN restructure initiative 

execution ........................................................................................ [5,405 ] 

Army unfunded requirement—Increase student workload for additional warrant officers ................................................................... [31,125 ] Army unfunded requirement—Train full ARPINT load of 990 .......... [6,404 ] 

270 PROFESSIONAL DEVELOPMENT EDUCATION ................................................. 9,021 40,621 9,021 9,021 

Military Training and PME ................................................................. [31,600 ] 

280 TRAINING SUPPORT ...................................................................................... 2,434 2,434 2,434 2,434 

290 RECRUITING AND ADVERTISING ................................................................... 356,500 284,800 284,800 

Recruiting and Advertising Add ......................................................... [356,500 ] [284,800 ] 

320 CIVILIAN EDUCATION AND TRAINING ........................................................... 1,254 1,254 1,254 1,254 

SUBTOTAL TRAINING AND RECRUITING ............................................. 16,274 447,308 16,274 284,800 301,074 

ADMIN & SRVWIDE ACTIVITIES 

350 SERVICEWIDE TRANSPORTATION .................................................................. 200,000 265,000 200,000 200,000


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SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS 

(In Thousands of Dollars) 

Line Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

Army unfunded requirement—Restore cricital shortfalls ................. [65,000 ] SUBTOTAL ADMIN & SRVWIDE ACTIVITIES ........................................ 200,000 265,000 200,000 200,000 

UNDISTRIBUTED 

540 UNDISTRIBUTED ........................................................................................... 704,300 563,400 563,400 

Additional funding to support increase in Army end strength ......... [704,300 ] [563,400 ] SUBTOTAL UNDISTRIBUTED ................................................................ 704,300 563,400 563,400 

TOTAL OPERATION & MAINTENANCE, ARMY .................................. 1,586,475 3,881,409 1,586,475 962,000 2,548,475 

OPERATION & MAINTENANCE, ARMY RES OPERATING FORCES 

010 MODULAR SUPPORT BRIGADES ................................................................... 708 708 708 708 020 ECHELONS ABOVE BRIGADE ........................................................................ 8,570 28,570 8,570 8,570 

Army unfunded requirement—Improve training from PLT to CO 

proficiency ...................................................................................... [20,000 ] 

030 THEATER LEVEL ASSETS .............................................................................. 375 375 375 375 040 LAND FORCES OPERATIONS SUPPORT ......................................................... 13 13 13 13 050 AVIATION ASSETS ......................................................................................... 608 608 608 608 060 FORCE READINESS OPERATIONS SUPPORT ................................................. 4,285 4,285 4,285 4,285 100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ..................... 97,500 13,100 13,100 

Increase Restoration & Modernization funding ................................. [57,100 ] [13,100 ] Restore Sustainment shortfalls .......................................................... [40,400 ] SUBTOTAL OPERATING FORCES ......................................................... 14,559 132,059 14,559 13,100 27,659 

UNDISTRIBUTED 

180 UNDISTRIBUTED ........................................................................................... 103,400 82,700 82,700 


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Additional funding to support increase in Army Reserve end 

strength .......................................................................................... [103,400 ] [82,700 ] 

SUBTOTAL UNDISTRIBUTED ................................................................ 103,400 82,700 82,700 

TOTAL OPERATION & MAINTENANCE, ARMY RES .......................... 14,559 235,459 14,559 95,800 110,359 

OPERATION & MAINTENANCE, ARNG OPERATING FORCES 

010 MANEUVER UNITS ........................................................................................ 5,585 5,585 5,585 5,585 

030 ECHELONS ABOVE BRIGADE ........................................................................ 28,956 28,956 28,956 28,956 040 THEATER LEVEL ASSETS .............................................................................. 10,272 10,272 10,272 10,272 060 AVIATION ASSETS ......................................................................................... 5,621 51,621 5,621 5,621 

Increase to support ARI ..................................................................... [46,000 ] 

070 FORCE READINESS OPERATIONS SUPPORT ................................................. 9,694 9,694 9,694 9,694 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ..................... 121,000 1,500 1,500 

Increase Restoration & Modernization funding ................................. [16,800 ] [1,500 ] Restore Sustainment shortfalls .......................................................... [104,200 ] SUBTOTAL OPERATING FORCES ......................................................... 60,128 227,128 60,128 1,500 61,628 

UNDISTRIBUTED 

190 UNDISTRIBUTED ........................................................................................... 159,100 127,300 127,300 

Additional funding to support increase in Army National Guard end 

strength .......................................................................................... [159,100 ] [127,300 ] 

SUBTOTAL UNDISTRIBUTED ................................................................ 159,100 127,300 127,300 

TOTAL OPERATION & MAINTENANCE, ARNG .................................. 60,128 386,228 60,128 128,800 188,928 

OPERATION & MAINTENANCE, NAVY OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS .................................................. 500,000 556,520 500,000 500,000 

Carrier Air Wing Restoration .............................................................. [56,520 ] 

020 FLEET AIR TRAINING .................................................................................... 23,020 0 


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SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS 

(In Thousands of Dollars) 

Line Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

Carrier Air Wing Restoration .............................................................. [23,020 ] 

050 AIR SYSTEMS SUPPORT ............................................................................... 6,500 0 

Marine Corps unfunded requirement—accelerate readiness - H–1 [5,300 ] Marine Corps unfunded requirement—accelerate readiness - MV– 

22B ................................................................................................. [1,200 ] 

060 AIRCRAFT DEPOT MAINTENANCE ................................................................. 36,000 0 

Carrier Air Wing Restoration .............................................................. [6,000 ] Navy unfunded requirement—Improve Afloat Readiness ................. [30,000 ] 

080 AVIATION LOGISTICS .................................................................................... 33,500 0 

Marine Corps unfunded requirement—accelerate readiness - KC– 

130J ................................................................................................ [6,800 ] 

Marine Corps unfunded requirement—accelerate readiness - MV– 

22B ................................................................................................. [10,700 ] 

Navy unfunded requirement—Improve Afloat Readiness ................. [16,000 ] 

090 MISSION AND OTHER SHIP OPERATIONS ..................................................... 348,200 0 

Cruiser Modernization ......................................................................... [90,200 ] Navy unfunded requirement—Improve Afloat Readiness ................. [158,000 ] Navy unfunded requirement—Restore 3 CG Deployments ................ [41,000 ] Navy unfunded requirement—Reverse PONCE (LPD–15) Inactivation ................................................................................................. [59,000 ] 

100 SHIP OPERATIONS SUPPORT & TRAINING .................................................... 19,700 0 

Navy unfunded requirement—Restore Fleet Training ....................... [19,700 ] 

110 SHIP DEPOT MAINTENANCE ......................................................................... 775,000 1,084,100 775,000 775,000 

Cruiser Modernization ......................................................................... [71,100 ] Navy unfunded requirement—Ship Depot Wholeness ....................... [238,000 ] 

120 SHIP DEPOT OPERATIONS SUPPORT ............................................................ 79,000 0 

Navy unfunded requirement—Increase Alfoat Readiness ................. [79,000 ] 


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290 SUSTAINMENT, RESTORATION AND MODERNIZATION ................................... 19,270 408,470 19,270 26,100 45,370 

Increase Restoration & Modernization funding ................................. [113,600 ] [26,100 ] Restore Sustainment shortfalls .......................................................... [275,600 ] 

300 BASE OPERATING SUPPORT ......................................................................... 158,032 158,032 158,032 158,032 

SUBTOTAL OPERATING FORCES ......................................................... 1,452,302 2,753,042 1,452,302 26,100 1,478,402 

MOBILIZATION 

350 EXPEDITIONARY HEALTH SERVICES SYSTEMS ............................................. 3,597 3,597 3,597 3,597 

SUBTOTAL MOBILIZATION ................................................................... 3,597 3,597 3,597 3,597 

ADMIN & SRVWD ACTIVITIES 

540 SERVICEWIDE COMMUNICATIONS ................................................................ 25,617 25,617 25,617 25,617 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ........................................... 25,617 25,617 25,617 25,617 

TOTAL OPERATION & MAINTENANCE, NAVY ................................... 1,481,516 2,782,256 1,481,516 26,100 1,507,616 

OPERATION & MAINTENANCE, MARINE CORPS OPERATING FORCES 

010 OPERATIONAL FORCES ................................................................................. 300,000 322,000 300,000 300,000 

Marine Corps unfunded requirement- enhanced combat helmets .... [22,000 ] 

020 FIELD LOGISTICS .......................................................................................... 21,450 0 

Marine Corps unfunded requirement- rifle combat optic modernization ................................................................................................. [13,200 ] Marine Corps unfunded requirement- SPMAGTF—C4 UUNS ............. [8,250 ] 

050 SUSTAINMENT, RESTORATION & MODERNIZATION ....................................... 145,600 7,200 7,200 

Increase Restoration & Modernization funding ................................. [31,400 ] [7,200 ] Restore Sustainment shortfalls .......................................................... [114,200 ] SUBTOTAL OPERATING FORCES ......................................................... 300,000 489,050 300,000 7,200 307,200 

TOTAL OPERATION & MAINTENANCE, MARINE CORPS .................. 300,000 489,050 300,000 7,200 307,200 

OPERATION & MAINTENANCE, NAVY RES 


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SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS 

(In Thousands of Dollars) 

Line Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

OPERATING FORCES 

030 AIRCRAFT DEPOT MAINTENANCE ................................................................. 4,000 0 

Navy unfunded requirement—Improve Afloat Readiness ................. [4,000 ] 

070 SHIP OPERATIONS SUPPORT & TRAINING .................................................... 300 0 

Navy unfunded requirement—Restore Fleet Training ....................... [300 ] 

130 SUSTAINMENT, RESTORATION AND MODERNIZATION ................................... 7,800 500 500 

Increase Restoration & Modernization funding ................................. [2,100 ] [500 ] Restore Sustainment shortfalls .......................................................... [5,700 ] SUBTOTAL OPERATING FORCES ......................................................... 12,100 500 500 

TOTAL OPERATION & MAINTENANCE, NAVY RES ........................... 12,100 500 500 

OPERATION & MAINTENANCE, MC RESERVE OPERATING FORCES 

030 SUSTAINMENT, RESTORATION AND MODERNIZATION ................................... 7,700 1,000 1,000 

Increase Restoration & Modernization funding ................................. [4,300 ] [1,000 ] Restore Sustainment shortfalls .......................................................... [3,400 ] SUBTOTAL OPERATING FORCES ......................................................... 7,700 1,000 1,000 

TOTAL OPERATION & MAINTENANCE, MC RESERVE ...................... 7,700 1,000 1,000 

OPERATION & MAINTENANCE, AIR FORCE OPERATING FORCES 

040 DEPOT MAINTENANCE .................................................................................. 124,000 447,576 124,000 124,000 

Air Force unfunded requirement—Weapons System Sustainment .... [323,576 ] 

050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ..................... 407,900 32,900 32,900 

Increase Restoration & Modernization funding ................................. [142,900 ] [32,900 ] 


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Restore Sustainment shortfalls .......................................................... [265,000 ] 

070 GLOBAL C3I AND EARLY WARNING .............................................................. 40,000 0 

Air Force unfunded requirement—Ground Based Radars ................. [40,000 ] SUBTOTAL OPERATING FORCES ......................................................... 124,000 895,476 124,000 32,900 156,900 

MOBILIZATION 

160 DEPOT MAINTENANCE .................................................................................. 66,424 0 

Air Force unfunded requirement—Weapons System Sustainment .... [66,424 ] 

170 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ..................... 63,600 5,100 5,100 

Increase Restoration & Modernization funding ................................. [22,300 ] [5,100 ] Restore Sustainment shortfalls .......................................................... [41,300 ] SUBTOTAL MOBILIZATION ................................................................... 130,024 5,100 5,100 

TRAINING AND RECRUITING 

220 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ..................... 58,200 4,700 4,700 

Increase Restoration & Modernization funding ................................. [20,400 ] [4,700 ] Restore Sustainment shortfalls .......................................................... [37,800 ] SUBTOTAL TRAINING AND RECRUITING ............................................. 58,200 4,700 4,700 

ADMIN & SRVWD ACTIVITIES 

370 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ..................... 79,000 6,400 6,400 

Increase Restoration & Modernization funding ................................. [27,700 ] [6,400 ] Restore Sustainment shortfalls .......................................................... [51,300 ] SUBTOTAL ADMIN & SRVWD ACTIVITIES ........................................... 79,000 6,400 6,400 

TOTAL OPERATION & MAINTENANCE, AIR FORCE ......................... 124,000 1,162,700 124,000 49,100 173,100 

OPERATION & MAINTENANCE, AF RESERVE OPERATING FORCES 

040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ..................... 20,500 1,600 1,600 

Increase Restoration & Modernization funding ................................. [7,100 ] [1,600 ] Restore Sustainment shortfalls .......................................................... [13,400 ] 


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SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS 

(In Thousands of Dollars) 

Line Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

SUBTOTAL OPERATING FORCES ......................................................... 20,500 1,600 1,600 

TOTAL OPERATION & MAINTENANCE, AF RESERVE ....................... 20,500 1,600 1,600 

OPERATION & MAINTENANCE, ANG OPERATING FORCES 

030 DEPOT MAINTENANCE .................................................................................. 40,000 0 

Air Force unfunded requirement—Weapons System Sustainment .... [40,000 ] 

040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ..................... 64,500 4,300 4,300 

Increase Restoration & Modernization funding ................................. [18,900 ] [4,300 ] Restore Sustainment shortfalls .......................................................... [45,600 ] SUBTOTAL OPERATING FORCES ......................................................... 104,500 4,300 4,300 

ADMINISTRATION AND SERVICE-WIDE ACTIVITIES 

070 RECRUITING AND ADVERTISING ................................................................... 67,000 0 

Air Force unfunded requirement ........................................................ [67,000 ] SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES .......... 67,000 0 

TOTAL OPERATION & MAINTENANCE, ANG .................................... 171,500 4,300 4,300 

OPERATION & MAINTENANCE, DEFENSE-WIDE OPERATING FORCES 

030 SPECIAL OPERATIONS COMMAND/OPERATING FORCES ............................... 14,344 14,344 14,344 14,344 

SUBTOTAL OPERATING FORCES ......................................................... 14,344 14,344 14,344 14,344 

ADMINISTRATION AND SERVICEWIDE ACTIVITIES 

130 DEFENSE INFORMATION SYSTEMS AGENCY ................................................. 14,700 14,700 14,700 14,700 


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330 CLASSIFIED PROGRAMS ............................................................................... 9,000 9,000 9,000 9,000 

SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES ............ 23,700 23,700 23,700 23,700 

TOTAL OPERATION & MAINTENANCE, DEFENSE-WIDE .................. 38,044 38,044 38,044 38,044 TOTAL OPERATION & MAINTENANCE ............................................. 3,604,722 9,186,946 3,604,722 1,276,400 4,881,122 

TITLE XLIV—MILITARY PERSONNEL 

SEC. 4401. MILITARY PERSONNEL. 

SEC. 4401. MILITARY PERSONNEL 

(In Thousands of Dollars) 

Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

Military Personnel Appropriations .............................................................................................. 128,902,332 –419,418 –1,250,890 –699,768 128,202,564 Military Personnel Pay Raise ........................................................................................................ [330,000 ] Marine Corps—Bonus Pay/PCS Resotral/Foreign Language Bonus ............................................. [49,000 ] Foreign currency adjustments ....................................................................................................... [–200,400 ] [–72,940 ] [–200,400 ] Historical unobligated balances ................................................................................................... [–248,700 ] [–880,450 ] [–880,050 ] National Guard State Partnership Program, Army, Special Training ........................................... [841 ] [841 ] National Guard State Partnership Program, Air Force, Special Training ..................................... [841 ] [841 ] Prohibition on Per Diem Allowance Reduction ............................................................................. [28,000 ] Defense Officer Personnel Management Act reforms ................................................................... [100,000 ] Non-adoption of Air Force Pilot Bonus Increase .......................................................................... [–2,500 ] Non-adoption of DOD retirement reforms ..................................................................................... [–400,000 ] Rural Guard Act ............................................................................................................................ [5,000 ] Medicare-Eligible Retiree Health Fund Contributions ............................................................... 6,366,908 0 0 0 6,366,908 


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SEC. 4401. MILITARY PERSONNEL 

(In Thousands of Dollars) 

Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

Total, Military Personnel ............................................................................................................. 135,269,240 –419,418 –1,250,890 –699,768 134,569,472 

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS. 

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

Military Personnel Appropriations .............................................................................................. 3,644,161 –1,299,721 0 0 3,644,161 Maintain end strength of 9,800 in Afghanistan .......................................................................... [130,300 ] Prorated OCO allocation in support of base readiness requirements ......................................... [–1,430,021 ] Total, Military Personnel Appropriations .................................................................................... 3,644,161 –1,299,721 0 0 3,644,161 

SEC. 4403. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS. 

SEC. 4403. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS 

(In Thousands of Dollars) 

Item FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

Military Personnel Appropriations .............................................................................................. 62,965 2,509,750 0 1,287,500 1,350,465 

Fund Active Army End Strength to 476k ...................................................................................... [1,123,500 ] [719,000 ] Fund Army National Guard End Strength to 343k ....................................................................... [303,700 ] [129,600 ] Fund Army Reserves End Strength to 199k ................................................................................. [166,650 ] [53,300 ] 


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Fund Active Navy End Strength to 323.9k ................................................................................... [65,300 ] [29,600 ] Fund Active Air Force End Strength to 321k ................................................................................ [145,000 ] [116,000 ] Fund Active Marine Corps End Strength to 185k ........................................................................ [300,000 ] [240,000 ] Military Personnel Pay Raise ........................................................................................................ [330,000 ] Marine Corps—Bonus Pay/PCS Resotral/Foreign Language Bonus ............................................. [75,600 ] Medicare-Eligible Retiree Health Fund Contributions ............................................................... 0 49,900 0 0 0 

Increase associated with additional end strength ....................................................................... [49,900 ] Total, Military Personnel ............................................................................................................. 62,965 2,559,650 0 1,287,500 1,350,465 

TITLE XLV—OTHER AUTHORIZATIONS 

SEC. 4501. OTHER AUTHORIZATIONS. 

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Program Title FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

WORKING CAPITAL FUND, ARMY SUPPLY MANAGEMENT—ARMY ..................................................................................................... 56,469 56,469 56,469 56,469 

TOTAL WORKING CAPITAL FUND, ARMY ........................................................... 56,469 56,469 56,469 56,469 

WORKING CAPITAL FUND, AIR FORCE SUPPLIES AND MATERIALS ............................................................................................................ 63,967 63,967 63,967 63,967 

TOTAL WORKING CAPITAL FUND, AIR FORCE .................................................. 63,967 63,967 63,967 63,967 

WORKING CAPITAL FUND, DEFENSE-WIDE SUPPLY CHAIN MANAGEMENT—DEF ............................................................................................. 37,132 37,132 37,132 37,132 

TOTAL WORKING CAPITAL FUND, DEFENSE-WIDE ........................................... 37,132 37,132 37,132 37,132 


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SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Program Title FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

WORKING CAPITAL FUND, DECA COMMISSARY ................................................................................................................................. 1,214,045 1,214,045 1,214,045 1,214,045 

TOTAL WORKING CAPITAL FUND, DECA ........................................................... 1,214,045 1,214,045 1,214,045 1,214,045 

NATIONAL DEFENSE SEALIFT FUND NATIONAL DEF SEALIFT VESSEL .................................................................................................... 85,000 

National Security Multi-Mission Vehicle .................................................................... [85,000 ] 

TOTAL NATIONAL DEFENSE SEALIFT FUND ....................................................... 85,000 

NATIONAL SEA-BASED DETERRENCE FUND DEVELOPMENT ............................................................................................................................... 773,138 

Realignment of funds to the National Sea-Based Deterrence Fund ........................ [773,138 ] 

TOTAL NATIONAL SEA-BASED DETERRENCE FUND ........................................... 773,138 

CHEM AGENTS & MUNITIONS DESTRUCTION OPERATION & MAINTENANCE ........................................................................................................ 147,282 147,282 147,282 147,282 RDT&E ........................................................................................................................................... 388,609 388,609 388,609 388,609 PROCUREMENT .............................................................................................................................. 15,132 15,132 15,132 15,132 

TOTAL CHEM AGENTS & MUNITIONS DESTRUCTION ........................................ 551,023 551,023 551,023 551,023 

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE ................................................ 730,087 793,087 471,787 –125,000 605,087 

Counter narcotics operations .................................................................................... [3,000 ] National Guard counter-drug programs .................................................................... [30,000 ] SOUTHCOM Operational Support ............................................................................... [30,000 ] Transfer to Defense Security Cooperation Agency .................................................... [–258,300 ] [–125,000 ] 


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DRUG DEMAND REDUCTION PROGRAM ......................................................................................... 114,713 114,713 114,713 114,713 

TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF ........................... 844,800 907,800 586,500 –125,000 719,800 

OFFICE OF THE INSPECTOR GENERAL OPERATION AND MAINTENANCE .................................................................................................... 318,882 318,882 311,582 318,882 

Audit FTE unjustified growth ..................................................................................... [–7,300 ] 

RDT&E ........................................................................................................................................... 3,153 3,153 3,153 3,153 

TOTAL OFFICE OF THE INSPECTOR GENERAL .................................................. 322,035 322,035 314,735 322,035 

DEFENSE HEALTH PROGRAM OPERATION & MAINTENANCE IN-HOUSE CARE ............................................................................................................................. 9,240,160 9,240,160 9,240,160 9,240,160 PRIVATE SECTOR CARE ................................................................................................................. 15,738,759 15,738,759 15,738,759 15,738,759 CONSOLIDATED HEALTH SUPPORT ................................................................................................. 2,367,759 2,367,759 2,367,759 2,367,759 INFORMATION MANAGEMENT ......................................................................................................... 1,743,749 1,743,749 1,743,749 1,743,749 MANAGEMENT ACTIVITIES .............................................................................................................. 311,380 311,380 311,380 311,380 EDUCATION AND TRAINING ............................................................................................................ 743,231 743,231 743,231 743,231 BASE OPERATIONS/COMMUNICATIONS .......................................................................................... 2,086,352 2,086,352 2,086,352 2,086,352 

SUBTOTAL OPERATION & MAINTENANCE .......................................................... 32,231,390 32,231,390 32,231,390 32,231,390 

RDT&E RESEARCH ..................................................................................................................................... 9,097 9,097 9,097 9,097 EXPLORATRY DEVELOPMENT ......................................................................................................... 58,517 58,517 58,517 58,517 ADVANCED DEVELOPMENT ............................................................................................................. 221,226 221,226 221,226 221,226 DEMONSTRATION/VALIDATION ........................................................................................................ 96,602 96,602 96,602 96,602 ENGINEERING DEVELOPMENT ........................................................................................................ 364,057 364,057 364,057 364,057 MANAGEMENT AND SUPPORT ........................................................................................................ 58,410 58,410 58,410 58,410 CAPABILITIES ENHANCEMENT ........................................................................................................ 14,998 14,998 14,998 14,998 

SUBTOTAL RDT&E ............................................................................................. 822,907 822,907 822,907 822,907 

PROCUREMENT INITIAL OUTFITTING ........................................................................................................................ 20,611 20,611 20,611 20,611 


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SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Program Title FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

REPLACEMENT & MODERNIZATION ................................................................................................ 360,727 360,727 360,727 360,727 JOINT OPERATIONAL MEDICINE INFORMATION SYSTEM ................................................................. 2,413 2,413 2,413 2,413 DOD HEALTHCARE MANAGEMENT SYSTEM MODERNIZATION ........................................................ 29,468 29,468 29,468 29,468 

SUBTOTAL PROCUREMENT ................................................................................ 413,219 413,219 413,219 413,219 

UNDISTRIBUTED 

Foreign Currency adjustments ................................................................................... [–20,400 ] [–6,470 ] Historical unobligated balances ................................................................................ [–399,100 ] [–399,100 ] Incorporation of value-based health care into TRICARE program ........................... [24,500 ] Pilot program on health insurance for reserve component members ...................... [20,000 ] Reduction for unauthorized fertility treatment benefits ........................................... [–38,000 ] Reduction for unjustified travel expenses ................................................................ [–6,500 ] [–6,500 ] Reimbursement rates for Comprehensive Autism Care Demonstration program .... [40,000 ] [32,000 ] TRICARE reform implementation ............................................................................... [400,000 ] 

SUBTOTAL UNDISTRIBUTED .............................................................................. –419,500 433,530 –373,600 –373,600 

TOTAL DEFENSE HEALTH PROGRAM ................................................................. 33,467,516 33,048,016 33,901,046 –373,600 33,093,916 

SECURITY COOPERATION ENHANCEMENT FUND (SCEF) 

Transfer from Drug Interdiction and Counter-Drug Activities .................................. [258,300 ] Transfer of Combatting Terrorism Fellowship Program ............................................ [26,800 ] Transfer of Defense Institute of International Legal Studies ................................... [2,600 ] Transfer of Defense Institution Reform Initiative ..................................................... [25,600 ] Transfer of Global Train and Equip Program ........................................................... [270,200 ] Transfer of Ministry of Defense Advisors .................................................................. [9,200 ] Transfer of Regional Centers .................................................................................... [58,600 ] Transfer of Wales Initaitive Fund/Partnership for Peace .......................................... [21,800 ] 


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TOTAL SECURITY COOPERATION ENHANCEMENT FUND (SCEF) ....................... 673,100 TOTAL OTHER AUTHORIZATIONS ....................................................................... 36,556,987 37,058,625 37,398,017 –498,600 36,058,387 

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS. 

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Program Title FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

WORKING CAPITAL FUND, ARMY INDUSTRIAL OPERATIONS SUPPLY MANAGEMENT—ARMY ..................................................................................................... 46,833 46,833 46,833 46,833 UNDISTRIBUTED ............................................................................................................................. –18,452 

Prorated OCO allocation in support of base readiness requirements ...................... [–18,452 ] 

TOTAL WORKING CAPITAL FUND, ARMY ........................................................... 46,833 28,381 46,833 46,833 

WORKING CAPITAL FUND, DEFENSE-WIDE DEFENSE LOGISTICS AGENCY (DLA) .............................................................................................. 93,800 93,800 93,800 93,800 UNDISTRIBUTED ............................................................................................................................. –36,956 

Prorated OCO allocation in support of base readiness requirements ...................... [–36,956 ] 

TOTAL WORKING CAPITAL FUND, DEFENSE-WIDE ........................................... 93,800 56,844 93,800 93,800 

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE ................................................ 191,533 191,533 191,533 191,533 

TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF ........................... 191,533 191,533 191,533 191,533 

OFFICE OF THE INSPECTOR GENERAL OPERATION AND MAINTENANCE .................................................................................................... 22,062 22,062 22,062 22,062 

TOTAL OFFICE OF THE INSPECTOR GENERAL .................................................. 22,062 22,062 22,062 22,062 


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SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Program Title FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

DEFENSE HEALTH PROGRAM OPERATION AND MAINTENANCE IN-HOUSE CARE ............................................................................................................................. 95,366 95,366 95,366 95,366 PRIVATE SECTOR CARE ................................................................................................................. 235,620 235,620 235,620 235,620 CONSOLIDATED HEALTH SUPPORT ................................................................................................. 3,325 3,325 3,325 3,325 

SUBTOTAL OPERATION AND MAINTENANCE ...................................................... 334,311 334,311 334,311 334,311 

UNDISTRIBUTED 

Prorated OCO allocation in support of base readiness requirements ...................... [–130,711 ] 

SUBTOTAL UNDISTRIBUTED .............................................................................. –130,711 

TOTAL DEFENSE HEALTH PROGRAM ................................................................. 334,311 203,600 334,311 334,311 

UKRAINE SECURITY ASSISTANCE UKRAINE SECURITY ASSISTANCE ................................................................................................... 150,000 350,000 350,000 350,000 

Program increase ....................................................................................................... [150,000 ] [350,000 ] [350,000 ] 

TOTAL UKRAINE SECURITY ASSISTANCE .......................................................... 150,000 350,000 350,000 350,000 

COUNTERTERRORISM PARTNERSHIPS FUND COUNTERTERRORISM PARTNERSHIPS FUND ................................................................................. 1,000,000 750,000 –1,000,000 

Ahead of need ........................................................................................................... [–150,000 ] Program decrease ...................................................................................................... [–250,000 ] [–250,000 ] Transfer to Counter-ISIL Fund ................................................................................... [–200,000 ] [–750,000 ] Transfer to Security Cooperation Enhancement Fund ............................................... [–650,000 ] 

TOTAL COUNTERTERRORISM PARTNERSHIPS FUND ......................................... 1,000,000 750,000 –1,000,000 

SECURITY COOPERATION ENHANCEMENT FUND (SCEF) 


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SECURITY COOPERATION ENHANCEMENT FUND (SCEF) ................................................................ 1,470,000 

Transfer from Coalition Support Fund ...................................................................... [820,000 ] Transfer from Counterterrorism Partnership Fund .................................................... [650,000 ] 

TOTAL SECURITY COOPERATION ENHANCEMENT FUND (SCEF) ....................... 1,470,000 TOTAL OTHER AUTHORIZATIONS ....................................................................... 1,688,539 1,402,420 2,508,539 –650,000 1,038,539 

SEC. 4503. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS. 

SEC. 4503. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS 

(In Thousands of Dollars) 

Program Title FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE ................................................ 23,800 23,800 23,800 23,800 

TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF ........................... 23,800 23,800 23,800 23,800 

TOTAL OTHER AUTHORIZATIONS ....................................................................... 23,800 23,800 23,800 23,800 

TITLE XLVI—MILITARY CONSTRUCTION 

SEC. 4601. MILITARY CONSTRUCTION. 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/ Country Installation Project Title FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

Army ALASKA Fort Wainwright Unmanned Aerial Vehicle Hangar 47,000 47,000 47,000 47,000 Army CALIFORNIA Concord Access Control Point 12,600 12,600 12,600 12,600 Army COLORADO Fort Carson Automated Infantry Platoon Battle Course 8,100 8,100 8,100 8,100 


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SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/ Country Installation Project Title FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

Army COLORADO Fort Carson Unmanned Aerial Vehicle Hangar 5,000 5,000 5,000 5,000 Army CUBA Guantanamo Bay Guantanamo Bay Naval Station Migration Complex 33,000 33,000 0 33,000 Army GEORGIA Fort Gordon Access Control Point 0 29,000 0 0 Army GEORGIA Fort Gordon Company Operations Facility 0 10,600 10,600 10,600 10,600 Army GEORGIA Fort Gordon Cyber Protection Team Ops Facility 90,000 90,000 90,000 90,000 Army GEORGIA Fort Stewart Automated Qualification/Training Range 14,800 14,800 14,800 14,800 Army GERMANY East Camp Grafenwoehr Training Support Center 22,000 22,000 22,000 22,000 Army GERMANY Garmisch Dining Facility 9,600 9,600 9,600 9,600 Army GERMANY Wiesbaden Army Airfield Controlled Humidity Warehouse 16,500 16,500 16,500 16,500 Army GERMANY Wiesbaden Army Airfield Hazardous Material Storage Building 2,700 2,700 2,700 2,700 Army HAWAII Fort Shafter Command and Control Facility, Incr 2 40,000 40,000 40,000 40,000 Army MISSOURI Fort Leonard Wood Fire Station 0 6,900 0 6,900 6,900 Army TEXAS Fort Hood Automated Infantry Platoon Battle Course 7,600 7,600 7,600 7,600 Army UTAH Camp Williams Live Fire Exercise Shoothouse 7,400 7,400 7,400 7,400 Army VIRGINIA Fort Belvoir Secure Admin/Operations Facility, Incr 2 64,000 64,000 64,000 64,000 Army VIRGINIA Fort Belvoir Vehicle Maintenance Shop 0 23,000 0 23,000 23,000 Army WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Host Nation Support FY17 18,000 18,000 18,000 18,000 

Army WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Minor Construction FY17 25,000 25,000 25,000 10,000 35,000 

Army WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Planning and Design FY17 80,159 80,159 80,159 80,159 

Military Construction, Army Total ................................................................................................................................. 503,459 572,959 481,059 50,500 553,959 

Navy ARIZONA Yuma VMX–22 Maintenance Hangar 48,355 48,355 48,355 48,355 Navy CALIFORNIA Coronado Coastal Campus Entry Control Point 13,044 13,044 13,044 13,044 Navy CALIFORNIA Coronado Coastal Campus Utilities Infrastructure 81,104 81,104 81,104 81,104 Navy CALIFORNIA Coronado Grace Hopper Data Center Power Upgrades 10,353 10,353 10,353 10,353 Navy CALIFORNIA Lemoore F–35C Engine Repair Facility 26,723 26,723 26,723 26,723 Navy CALIFORNIA Miramar Aircraft Maintenance Hangar, Incr 1 0 79,399 0 79,399 79,399 


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Navy CALIFORNIA Miramar Communications Complex & Infrastructure Upgrade 0 34,700 34,700 34,700 34,700 Navy CALIFORNIA Miramar F–35 Aircraft Parking Apron 0 40,000 40,000 40,000 40,000 Navy CALIFORNIA San Diego Energy Security Hospital Microgrid 6,183 0 0 –6,183 0 Navy CALIFORNIA Seal Beach Missile Magazines 21,007 21,007 21,007 21,007 Navy FLORIDA Eglin AFB WMD Field Training Facilities 20,489 20,489 20,489 20,489 Navy FLORIDA Mayport NS Advanced Wastewater Treatment Plant 0 66,000 0 0 Navy FLORIDA Pensacola A-School Dormitory 0 53,000 0 0 Navy GUAM Joint Region Marianas Hardening of Guam POL Infrastructure 26,975 26,975 26,975 26,975 Navy GUAM Joint Region Marianas Power Upgrade—Harmon 62,210 62,210 62,210 62,210 Navy HAWAII Barking Sands Upgrade Power Plant & Electrical Distrib Sys 43,384 43,384 43,384 43,384 Navy HAWAII Kaneohe Bay Regimental Consolidated Comm/Elec Facility 72,565 72,565 72,565 72,565 Navy JAPAN Kadena AB Aircraft Maintenance Complex 26,489 26,489 26,489 26,489 Navy JAPAN Sasebo Shore Power (Juliet Pier) 16,420 16,420 16,420 16,420 Navy MAINE Kittery Unaccompanied Housing 17,773 17,773 17,773 17,773 Navy MAINE Kittery Utility Improvements for Nuclear Platforms 30,119 30,119 30,119 30,119 Navy MARYLAND Patuxent River UCLASS RDT&E Hangar 40,576 40,576 40,576 40,576 Navy NEVADA Fallon Air Wing Simulator Facility 13,523 13,523 13,523 13,523 Navy NORTH CAROLINA Camp Lejeune Range Facilities Safety Improvements 18,482 18,482 18,482 18,482 Navy NORTH CAROLINA Cherry Point Central Heating Plant Conversion 12,515 12,515 12,515 12,515 Navy SOUTH CAROLINA Beaufort Aircraft Maintenance Hangar 83,490 83,490 83,490 83,490 Navy SOUTH CAROLINA Parris Island Recruit Reconditioning Center & Barracks 29,882 29,882 29,882 29,882 Navy SPAIN Rota Communication Station 23,607 23,607 23,607 23,607 Navy VIRGINIA Norfolk Chambers Field Magazine Recap Ph I 0 27,000 27,000 27,000 27,000 Navy WASHINGTON Bangor SEAWOLF Class Service Pier 0 73,000 0 73,000 73,000 Navy WASHINGTON Bangor Service Pier Electrical Upgrades 18,939 18,939 18,939 18,939 Navy WASHINGTON Bangor Submarine Refit Maint Support Facility 21,476 21,476 21,476 21,476 Navy WASHINGTON Bremerton Nuclear Repair Facility 6,704 6,704 6,704 6,704 Navy WASHINGTON Whidbey Island EA–18G Maintenance Hangar 45,501 45,501 45,501 45,501 Navy WASHINGTON Whidbey Island Triton Mission Control Facility 30,475 30,475 30,475 30,475 Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Planning and Design 88,230 88,230 88,230 88,230 

Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Unspecified Minor Construction 29,790 29,790 29,790 29,790 

Navy WORLDWIDE UNSPECIFIED Various Worldwide Loca- tions Triton Forward Operating Base Hangar 41,380 41,380 41,380 41,380 

Military Construction, Navy Total ................................................................................................................................. 1,027,763 1,394,679 1,123,280 247,916 1,275,679 


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SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/ Country Installation Project Title FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

AF ALABAMA Maxwell AFB JAG School Expansion 0 0 0 15,500 15,500 AF ALASKA Clear AFS Fire Station 20,000 20,000 20,000 20,000 AF ALASKA Eielson AFB F–35A ADAL Field Training Detachment Fac 22,100 22,100 22,100 22,100 AF ALASKA Eielson AFB F–35A Aircraft Weather Shelter (Sqd 2) 82,300 0 82,300 82,300 AF ALASKA Eielson AFB F–35A Aircraft Weather Shelters (Sqd 1) 79,500 79,500 79,500 79,500 AF ALASKA Eielson AFB F–35A Earth Covered Magazines 11,300 11,300 11,300 11,300 AF ALASKA Eielson AFB F–35A Hangar/Propulsion MX/Dispatch 44,900 44,900 44,900 44,900 AF ALASKA Eielson AFB F–35A Hangar/Squad Ops/AMU Sq #2 42,700 42,700 42,700 42,700 AF ALASKA Eielson AFB F–35A Missile Maintenance Facility 12,800 12,800 12,800 12,800 AF ALASKA Joint Base ElmendorfRichardson Add/Alter AWACS Alert Hangar 29,000 29,000 29,000 29,000 

AF ARIZONA Luke AFB F–35A Squad Ops/Aircraft Maint Unit #5 20,000 20,000 20,000 20,000 AF AUSTRALIA Darwin APR—Aircraft MX Support Facility 1,800 1,800 1,800 1,800 AF AUSTRALIA Darwin APR—Expand Parking Apron 28,600 28,600 28,600 28,600 AF CALIFORNIA Edwards AFB Flightline Fire Station 24,000 24,000 24,000 24,000 AF COLORADO Buckley AFB Small Arms Range Complex 13,500 13,500 13,500 13,500 AF DELAWARE Dover AFB Aircraft Maintenance Hangar 39,000 39,000 39,000 39,000 AF FLORIDA Eglin AFB Advanced Munitions Technology Complex 75,000 75,000 75,000 75,000 AF FLORIDA Eglin AFB Dormitories (288 rooms) 0 0 0 35,000 35,000 AF FLORIDA Eglin AFB Flightline Fire Station 13,600 13,600 13,600 13,600 AF FLORIDA Patrick AFB Fire/Crash Rescue Station 13,500 13,500 13,500 13,500 AF GEORGIA Moody AFB Personnel Recovery 4-Bay Hangar/Helo MX Unit 30,900 30,900 30,900 30,900 AF GERMANY Ramstein AB 37 AS Squadron Operations/Aircraft Maint Unit 13,437 13,437 13,437 13,437 AF GERMANY Spangdahlem AB EIC—Site Development and Infrastructure 43,465 43,465 43,465 43,465 AF GUAM Joint Region Marianas APR—Munitions Storage Igloos, Ph 2 35,300 35,300 35,300 35,300 AF GUAM Joint Region Marianas APR—SATCOM C4I Facility 14,200 14,200 14,200 14,200 AF GUAM Joint Region Marianas Block 40 Maintenance Hangar 31,158 31,158 31,158 31,158 AF ILLINOIS Scott AFB Consolidated Corrosion Facility add/alter 0 0 0 41,000 41,000 AF JAPAN Kadena AB APR—Replace Munitions Structures 19,815 19,815 19,815 19,815 


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AF JAPAN Yokota AB C–130J Corrosion Control Hangar 23,777 23,777 23,777 23,777 AF JAPAN Yokota AB Construct Combat Arms Training & Maint Fac 8,243 8,243 8,243 8,243 AF KANSAS McConnell AFB Air Traffic Control Tower 11,200 11,200 11,200 11,200 AF KANSAS McConnell AFB KC–46A ADAL Taxiway Delta 5,600 5,600 5,600 5,600 AF KANSAS McConnell AFB KC–46A Alter Flight Simulator Bldgs 3,000 3,000 3,000 3,000 AF LOUISIANA Barksdale AFB Consolidated Communication Facility 21,000 21,000 21,000 21,000 AF MARIANA ISLANDS Unspecified Location APR—Land Acquisition 9,000 9,000 9,000 9,000 AF MARYLAND Joint Base Andrews 21 Points Enclosed Firing Range 13,000 13,000 13,000 13,000 AF MARYLAND Joint Base Andrews Consolidated Communications Center 0 50,000 50,000 50,000 50,000 AF MARYLAND Joint Base Andrews PAR Relocate JADOC Satellite Site 3,500 3,500 3,500 3,500 AF MASSACHUSETTS Hanscom AFB Construct Vandenberg Gate Complex 0 10,965 0 10,965 10,965 AF MASSACHUSETTS Hanscom AFB System Management Engineering Facility 20,000 20,000 20,000 20,000 AF MONTANA Malmstrom AFB Missile Maintenance Facility 14,600 14,600 14,600 14,600 AF NEVADA Nellis AFB F–35A POL Fill Stand Addition 10,600 10,600 10,600 10,600 AF NEW MEXICO Cannon AFB North Fitness Center 21,000 21,000 21,000 21,000 AF NEW MEXICO Holloman AFB Hazardous Cargo Pad and Taxiway 10,600 10,600 10,600 10,600 AF NEW MEXICO Kirtland AFB Combat Rescue Helicopter Simulator 7,300 7,300 7,300 7,300 AF OHIO Wright-Patterson AFB Relocated Entry Control Facility 26A 12,600 12,600 12,600 12,600 AF OKLAHOMA Altus AFB KC–46A FTU/FTC Simulator Facility Ph 2 11,600 11,600 11,600 11,600 AF OKLAHOMA Tinker AFB E–3G Mission and Flight Simulator Training Facility 0 26,000 26,000 26,000 26,000 AF OKLAHOMA Tinker AFB KC–46A Depot System Integration Laboratory 17,000 17,000 17,000 17,000 AF SOUTH CAROLINA Joint Base Charleston Fire & Rescue Station 0 17,000 0 17,000 17,000 AF TEXAS Joint Base San Antonio BMT Recruit Dormitory 6 67,300 67,300 67,300 67,300 AF TURKEY Incirlik AB Airfield Fire/Crash Rescue Station 13,449 13,449 13,449 13,449 AF UNITED ARAB 

EMIRATES 

Al Dhafra Large Aircraft Maintenance Hangar 35,400 35,400 35,400 35,400 

AF UNITED KINGDOM RAF Croughton JIAC Consolidation—Ph 3 53,082 0 53,082 53,082 AF UNITED KINGDOM RAF Croughton Main Gate Complex 16,500 16,500 16,500 16,500 AF UTAH Hill AFB 649 MUNS Munitions Storage Magazines 6,600 6,600 6,600 6,600 AF UTAH Hill AFB 649 MUNS Precision Guided Missile MX Facility 8,700 8,700 8,700 8,700 AF UTAH Hill AFB 649 MUNS STAMP/Maint & Inspection Facility 12,000 12,000 12,000 12,000 AF UTAH Hill AFB Composite Aircraft Antenna Calibration Fac 7,100 7,100 7,100 7,100 AF UTAH Hill AFB F–35A Munitions Maintenance Complex 10,100 10,100 10,100 10,100 AF VIRGINIA Joint Base Langley-Eustis Air Force Targeting Center 45,000 45,000 45,000 45,000 AF VIRGINIA Joint Base Langley-Eustis Fuel System Maintenance Dock 14,200 14,200 14,200 14,200 AF WASHINGTON Fairchild AFB Pipeline Dorm, USAF SERE School (150 RM) 27,000 27,000 27,000 27,000 


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SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/ Country Installation Project Title FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

AF WORLDWIDE UNSPECIFIED Various Worldwide Loca- tions Planning & Design 143,582 163,582 143,582 143,582 

AF WORLDWIDE UNSPECIFIED Various Worldwide Loca- tions Unspecified Minor Military Construction 30,000 63,082 30,000 10,000 40,000 

AF WYOMING F. E. Warren AFB Missile Transfer Facility Bldg 4331 5,550 5,550 5,550 5,550 

Military Construction, Air Force Total .......................................................................................................................... 1,481,058 1,502,723 1,557,058 205,465 1,686,523 

Def-Wide ALASKA Clear AFS Long Range Discrim Radar Sys Complex Ph 1 155,000 100,000 155,000 155,000 Def-Wide ALASKA Fort Greely Missile Defense Complex Switchgear Facility 9,560 9,560 9,560 9,560 Def-Wide ALASKA Joint Base ElmendorfRichardson Construct Truck Offload Facility 4,900 4,900 4,900 4,900 

Def-Wide ARIZONA Fort Huachuca JITC Building 52110 Renovation 4,493 4,493 4,493 4,493 Def-Wide CALIFORNIA Coronado SOF Human Performance Training Center 15,578 15,578 15,578 15,578 Def-Wide CALIFORNIA Coronado SOF Seal Team Ops Facility 47,290 47,290 47,290 47,290 Def-Wide CALIFORNIA Coronado SOF Seal Team Ops Facility 47,290 47,290 47,290 47,290 Def-Wide CALIFORNIA Coronado SOF Special RECON Team ONE Operations Fac 20,949 20,949 20,949 20,949 Def-Wide CALIFORNIA Coronado SOF Training Detachment ONE Ops Facility 44,305 44,305 44,305 44,305 Def-Wide CALIFORNIA Travis AFB Replace Hydrant Fuel System 26,500 26,500 26,500 26,500 Def-Wide DELAWARE Dover AFB Welch ES/Dover MS Replacement 44,115 44,115 44,115 44,115 Def-Wide DIEGO GARCIA Diego Garcia Improve Wharf Refueling Capability 30,000 30,000 30,000 30,000 Def-Wide FLORIDA Patrick AFB Replace Fuel Tanks 10,100 10,100 10,100 10,100 Def-Wide GEORGIA Fort Benning SOF Tactical Unmanned Aerial Vehicle Hangar 4,820 4,820 4,820 4,820 Def-Wide GEORGIA Fort Gordon Medical Clinic Replacement 25,000 25,000 25,000 25,000 Def-Wide GERMANY Kaiserlautern AB Sembach Elementary/Middle School Replacement 45,221 45,221 45,221 45,221 Def-Wide GERMANY Rhine Ordnance Barracks Medical Center Replacement Incr 6 58,063 58,063 58,063 58,063 Def-Wide JAPAN Iwakuni Construct Truck Offload & Loading Facilities 6,664 6,664 6,664 6,664 Def-Wide JAPAN Kadena AB Kadena Elementary School Replacement 84,918 84,918 84,918 84,918 Def-Wide JAPAN Kadena AB Medical Materiel Warehouse 20,881 20,881 20,881 20,881 Def-Wide JAPAN Kadena AB SOF Maintenance Hangar 42,823 42,823 42,823 42,823 Def-Wide JAPAN Kadena AB SOF Simulator Facility (MC–130) 12,602 12,602 12,602 12,602 


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Def-Wide JAPAN Yokota AB Airfield Apron 41,294 41,294 41,294 41,294 Def-Wide JAPAN Yokota AB Hangar/AMU 39,466 39,466 39,466 39,466 Def-Wide JAPAN Yokota AB Operations and Warehouse Facilities 26,710 26,710 26,710 26,710 Def-Wide JAPAN Yokota AB Simulator Facility 6,261 6,261 6,261 6,261 Def-Wide KWAJALEIN Kwajalein Atoll Replace Fuel Storage Tanks 85,500 85,500 85,500 85,500 Def-Wide MAINE Kittery Medical/Dental Clinic Replacement 27,100 27,100 27,100 27,100 Def-Wide MARYLAND Bethesda Naval Hospital MEDCEN Addition/Alteration Incr 1 50,000 50,000 50,000 50,000 Def-Wide MARYLAND Fort Meade Access Control Facility 21,000 21,000 21,000 21,000 Def-Wide MARYLAND Fort Meade NSAW Campus Feeders Phase 3 17,000 17,000 17,000 17,000 Def-Wide MARYLAND Fort Meade NSAW Recapitalize Building #2 Incr 2 195,000 145,000 195,000 195,000 Def-Wide MISSOURI St. Louis Land Acquisition—Next NGA West Campus 801 0 801 801 Def-Wide NORTH CAROLINA Camp Lejeune Dental Clinic Replacement 31,000 31,000 31,000 31,000 Def-Wide NORTH CAROLINA Fort Bragg SOF Combat Medic Training Facility 10,905 10,905 10,905 10,905 Def-Wide NORTH CAROLINA Fort Bragg SOF Parachute Rigging Facility 21,420 21,420 21,420 21,420 Def-Wide NORTH CAROLINA Fort Bragg SOF Special Tactics Facility (Ph 3) 30,670 30,670 30,670 30,670 Def-Wide NORTH CAROLINA Fort Bragg SOF Tactical Equipment Maintenance Facility 23,598 23,598 23,598 23,598 Def-Wide SOUTH CAROLINA Joint Base Charleston Construct Hydrant Fuel System 17,000 17,000 17,000 17,000 Def-Wide TEXAS Red River Army Depot Construct Warehouse & Open Storage 44,700 44,700 44,700 44,700 Def-Wide TEXAS Sheppard AFB Medical/Dental Clinic Replacement 91,910 91,910 91,910 91,910 Def-Wide UNITED KINGDOM RAF Croughton Croughton Elem/Middle/High School Replacement 71,424 71,424 71,424 71,424 Def-Wide UNITED KINGDOM RAF Lakenheath Construct Hydrant Fuel System 13,500 13,500 13,500 13,500 Def-Wide VIRGINIA Pentagon Pentagon Metro Entrance Facility 12,111 12,111 0 12,111 Def-Wide VIRGINIA Pentagon Upgrade IT Facilities Infrastructure—RRMC 8,105 8,105 8,105 8,105 Def-Wide WAKE ISLAND Wake Island Test Support Facility 11,670 11,670 11,670 11,670 Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Battalion Complex 0 0 64,400 0 

Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Contingency Construction 10,000 10,000 10,000 –10,000 0 

Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Energy Conservation Investment Program Design 10,000 0 10,000 –10,000 0 

Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Energy Conservation Investment Program 150,000 150,000 150,000 150,000 

Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Exercise Related Minor Construction 8,631 8,631 8,631 8,631 

Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Planning and Design, Defense Wide 13,450 23,450 13,450 10,000 23,450 


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SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/ Country Installation Project Title FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Planning and Design, DODEA 23,585 23,585 23,585 23,585 

Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Planning and Design, NGA 71,647 36,000 71,647 –35,647 36,000 

Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Planning and Design, NSA 24,000 24,000 24,000 24,000 

Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Planning and Design, WHS 3,427 3,427 3,427 3,427 

Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Unspecified Minor Construction 3,000 3,000 3,000 3,000 

Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Unspecified Minor Construction 3,000 3,000 3,000 3,000 

Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Unspecified Minor Construction 5,994 5,994 5,994 5,994 

Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Unspecified Minor Construction 8,500 8,500 8,500 8,500 

Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Unspecified Minor Milcon 3,913 3,913 3,913 3,913 

Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Worldwide Unspecified Minor Construction 2,414 2,414 2,414 2,414 

Def-Wide WORLDWIDE UNSPECIFIED Various Worldwide Loca- tions Planning & Design, DLA 27,660 27,660 27,660 27,660 

Def-Wide WORLDWIDE UNSPECIFIED Various Worldwide Loca- tions Planning and Design, SOCOM 27,653 27,653 27,653 27,653 

Def-Wide WORLDWIDE UNSPECIFIED LOCATIONS Unspecified Worldwide Lo- cations Planning & Design, MDA 0 15,000 0 15,000 15,000 

Military Construction, Defense-Wide Total .................................................................................................................. 2,056,091 1,929,643 2,108,380 –30,647 2,025,444 


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NATO WORLDWIDE UNSPECIFIED NATO Security Investment Program NATO Security Investment Program 177,932 177,932 177,932 177,932 

NATO Security Investment Program Total .................................................................................................................... 177,932 177,932 177,932 0 177,932 

Army NG COLORADO Fort Carson National Guard Readiness Center 0 16,500 16,500 16,500 16,500 Army NG HAWAII Hilo Combined Support Maintenance Shop 31,000 31,000 31,000 31,000 Army NG IOWA Davenport National Guard Readiness Center 23,000 23,000 23,000 23,000 Army NG KANSAS Fort Leavenworth National Guard Readiness Center 29,000 29,000 29,000 29,000 Army NG NEW HAMPSHIRE Hooksett National Guard Vehicle Maintenance Shop 11,000 11,000 11,000 11,000 Army NG NEW HAMPSHIRE Rochester National Guard Vehicle Maintenance Shop 8,900 8,900 8,900 8,900 Army NG OKLAHOMA Ardmore National Guard Readiness Center 22,000 22,000 22,000 22,000 Army NG PENNSYLVANIA Fort Indiantown Gap Access Control Buildings 0 20,000 0 20,000 20,000 Army NG PENNSYLVANIA York National Guard Readiness Center 9,300 9,300 9,300 9,300 Army NG RHODE ISLAND East Greenwich National Guard/Reserve Center Building (JFHQ) 20,000 20,000 20,000 20,000 Army NG UTAH Camp Williams National Guard Readiness Center 37,000 37,000 37,000 37,000 Army NG WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Planning and Design 8,729 8,729 8,729 8,729 

Army NG WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Unspecified Minor Construction 12,001 12,001 12,001 12,001 

Army NG WYOMING Camp Guernsey General Instruction Building 0 31,000 0 31,000 31,000 Army NG WYOMING Laramie National Guard Readiness Center 21,000 21,000 21,000 21,000 

Military Construction, Army National Guard Total ....................................................................................................... 232,930 300,430 249,430 67,500 300,430 

Army Res ARIZONA Phoenix Army Reserve Center 0 30,000 30,000 30,000 30,000 Army Res CALIFORNIA Barstow Equipment Concentration Site 0 29,000 0 0 Army Res CALIFORNIA Camp Parks Transient Training Barracks 19,000 19,000 19,000 19,000 Army Res CALIFORNIA Fort Hunter Liggett Emergency Services Center 21,500 21,500 21,500 21,500 Army Res VIRGINIA Dublin Organizational Maintenance Shop/AMSA 6,000 6,000 6,000 6,000 Army Res WASHINGTON Joint Base Lewis-McChord Army Reserve Center 0 27,500 0 0 Army Res WISCONSIN Fort McCoy AT/MOB Dining Facility 11,400 11,400 11,400 11,400 Army Res WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Planning and Design 7,500 7,500 7,500 7,500 

Army Res WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Unspecified Minor Construction 2,830 2,830 2,830 2,830 

Military Construction, Army Reserve Total .................................................................................................................. 68,230 154,730 98,230 30,000 98,230 


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SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/ Country Installation Project Title FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

N/MC Res LOUISIANA New Orleans Joint Reserve Intelligence Center 11,207 11,207 11,207 11,207 N/MC Res NEW YORK Brooklyn Electric Feeder Ductbank 1,964 1,964 1,964 1,964 N/MC Res NEW YORK Syracuse Marine Corps Reserve Center 13,229 13,229 13,229 13,229 N/MC Res TEXAS Galveston Reserve Center Annex 8,414 8,414 8,414 8,414 N/MC Res WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations MCNR Planning & Design 3,783 3,783 3,783 3,783 

Military Construction, Naval Reserve Total ................................................................................................................. 38,597 38,597 38,597 0 38,597 

Air NG CONNECTICUT Bradley IAP Construct Small Air Terminal 6,300 6,300 6,300 6,300 Air NG FLORIDA Jacksonville IAP Replace Fire Crash/Rescue Station 9,000 9,000 9,000 9,000 Air NG HAWAII Joint Base Pearl HarborHickam F–22 Composite Repair Facility 11,000 11,000 11,000 11,000 

Air NG IOWA Sioux Gateway Airport Construct Consolidated Support Functions 12,600 12,600 12,600 12,600 Air NG MARYLAND Joint Base Andrews Munitions Load Crew Trng/Corrosion Cntrl Facility 0 5,000 0 5,000 5,000 Air NG MINNESOTA Duluth IAP Load Crew Training/Weapon Shops 7,600 7,600 7,600 7,600 Air NG NEW HAMPSHIRE Pease International Trade 

Port 

KC–46A Install Fuselage Trainer Bldg 251 1,500 1,500 1,500 1,500 

Air NG NORTH CAROLINA Charlotte/Douglas IAP C–17 Corrosion Control/Fuel Cell Hangar 29,600 29,600 29,600 29,600 Air NG NORTH CAROLINA Charlotte/Douglas IAP C–17 Type III Hydrant Refueling System 21,000 21,000 21,000 21,000 Air NG OHIO Toledo Express Airport Indoor Small Arms Range 0 6,000 0 6,000 6,000 Air NG SOUTH CAROLINA McEntire ANGS Replace Operations and Training Facility 8,400 8,400 8,400 8,400 Air NG TEXAS Ellington Field Consolidate Crew Readiness Facility 4,500 4,500 4,500 4,500 Air NG VERMONT Burlington IAP F–35 Beddown 4-Bay Flight Simulator 4,500 4,500 4,500 4,500 Air NG WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Unspecified Minor Construction 17,495 29,495 17,495 17,495 

Air NG WORLDWIDE UNSPECIFIED Various Worldwide Loca- tions Planning and Design 10,462 10,462 10,462 10,462 

Military Construction, Air National Guard Total .......................................................................................................... 143,957 166,957 143,957 11,000 154,957 

AF Res GUAM Andersen AFB Reserve Medical Training Facility 0 5,200 0 0 


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AF Res MASSACHUSETTS Westover ARB Indoor Small Arms Range 0 9,200 0 0 AF Res NORTH CAROLINA Seymour Johnson AFB KC–46A ADAL Bldg for AGE/Fuselage Training 5,700 5,700 5,700 5,700 AF Res NORTH CAROLINA Seymour Johnson AFB KC–46A ADAL Squadron Operations Facilities 2,250 2,250 2,250 2,250 AF Res NORTH CAROLINA Seymour Johnson AFB KC–46A Two Bay Corrosion/Fuel Cell Hangar 90,000 90,000 90,000 90,000 AF Res PENNSYLVANIA Pittsburgh IAP C–17 ADAL Fuel Hydrant System 22,800 22,800 22,800 22,800 AF Res PENNSYLVANIA Pittsburgh IAP C–17 Const/OverlayTaxiway and Apron 8,200 8,200 8,200 8,200 AF Res PENNSYLVANIA Pittsburgh IAP C–17 Construct Two Bay Corrosion/Fuel Hangar 54,000 54,000 54,000 54,000 AF Res UTAH Hill AFB ADAL Life Support Facility 0 3,050 0 0 AF Res WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Planning & Design 4,500 4,500 4,500 4,500 

AF Res WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Unspecified Minor Construction 1,500 1,500 1,500 1,500 

Military Construction, Air Force Reserve Total ........................................................................................................... 188,950 206,400 188,950 0 188,950 

FH Con Army KOREA Camp Humphreys Family Housing New Construction, Incr 1 143,563 100,000 143,563 –43,563 100,000 FH Con Army KOREA Camp Walker Family Housing New Construction 54,554 54,554 54,554 54,554 FH Con Army WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Planning & Design 2,618 2,618 2,618 2,618 

Family Housing Construction, Army Total .................................................................................................................... 200,735 157,172 200,735 –43,563 157,172 

FH Ops Army WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Furnishings 10,178 10,178 10,178 10,178 

FH Ops Army WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Housing Privatization Support 19,146 19,146 19,146 19,146 

FH Ops Army WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Leasing 131,761 131,761 131,761 131,761 

FH Ops Army WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Maintenance 60,745 60,745 60,745 60,745 

FH Ops Army WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Management 40,344 40,344 40,344 40,344 

FH Ops Army WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Miscellaneous 400 400 400 400 

FH Ops Army WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Services 7,993 7,993 7,993 7,993 

FH Ops Army WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Utilities 55,428 55,428 55,428 55,428 


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SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/ Country Installation Project Title FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

Family Housing Operation And Maintenance, Army Total ........................................................................................... 325,995 325,995 325,995 0 325,995 

FH Con Navy MARIANA ISLANDS Guam Replace Andersen Housing Ph I 78,815 78,815 78,815 78,815 FH Con Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Construction Improvements 11,047 11,047 11,047 11,047 

FH Con Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Planning & Design 4,149 4,149 4,149 4,149 

Family Housing Construction, Navy And Marine Corps Total ..................................................................................... 94,011 94,011 94,011 0 94,011 

FH Ops Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Furnishings 17,457 17,457 17,457 17,457 

FH Ops Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Housing Privatization Support 26,320 26,320 26,320 26,320 

FH Ops Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Leasing 54,689 54,689 54,689 54,689 

FH Ops Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Maintenance 81,254 81,254 81,254 81,254 

FH Ops Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Management 51,291 51,291 51,291 51,291 

FH Ops Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Miscellaneous 364 364 364 364 

FH Ops Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Services 12,855 12,855 12,855 12,855 

FH Ops Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Utilities 56,685 56,685 56,685 56,685 

Family Housing Operation And Maintenance, Navy And Marine Corps Total ............................................................ 300,915 300,915 300,915 0 300,915 

FH Con AF WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Construction Improvements 56,984 56,984 56,984 56,984 


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FH Con AF WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Planning & Design 4,368 4,368 4,368 4,368 

Family Housing Construction, Air Force Total ............................................................................................................. 61,352 61,352 61,352 0 61,352 

FH Ops AF WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Furnishings 31,690 31,690 31,690 31,690 

FH Ops AF WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Housing Privatization Support 41,809 41,809 41,809 41,809 

FH Ops AF WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Leasing 20,530 20,530 20,530 20,530 

FH Ops AF WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Maintenance 85,469 85,469 85,469 85,469 

FH Ops AF WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Management 42,919 42,919 42,919 42,919 

FH Ops AF WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Miscellaneous 1,745 1,745 1,745 1,745 

FH Ops AF WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Services 13,026 13,026 13,026 13,026 

FH Ops AF WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Utilities 37,241 37,241 37,241 37,241 

Family Housing Operation And Maintenance, Air Force Total .................................................................................... 274,429 274,429 274,429 0 274,429 

FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Furnishings 20 20 20 20 

FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Furnishings 500 500 500 500 

FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Furnishings 399 399 399 399 

FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Leasing 40,984 40,984 40,984 40,984 

FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Leasing 11,044 11,044 11,044 11,044 

FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Maintenance 349 349 349 349 


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SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/ Country Installation Project Title FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Maintenance 800 800 800 800 

FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Management 388 388 388 388 

FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Services 32 32 32 32 

FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Utilities 4,100 4,100 4,100 4,100 

FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Utilities 174 174 174 174 

FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Utilities 367 367 367 367 

Family Housing Operation And Maintenance, Defense-Wide Total ............................................................................ 59,157 59,157 59,157 0 59,157 

FHIF WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Program Expenses 3,258 3,258 3,258 3,258 

DoD Family Housing Improvement Fund Total ............................................................................................................ 3,258 3,258 3,258 0 3,258 

BRAC WORLDWIDE UNSPECIFIED Base Realignment & Clo- sure, Army Base Realignment and Closure 14,499 24,499 14,499 10,000 24,499 

Base Realignment and Closure—Army Total .............................................................................................................. 14,499 24,499 14,499 10,000 24,499 

BRAC WORLDWIDE UNSPECIFIED Base Realignment & Clo- sure, Navy Base Realignment & Closure 110,606 125,606 110,606 25,000 135,606 

BRAC WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations DON–100: Planning, Design and Management 4,604 4,604 4,604 4,604 

BRAC WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations DON–101: Various Locations 10,461 10,461 10,461 10,461 

BRAC WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations DON–138: NAS Brunswick, ME 557 557 557 557 


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BRAC WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations DON–157: MCSA Kansas City, MO 100 100 100 100 

BRAC WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations DON–172: NWS Seal Beach, Concord, CA 4,648 4,648 4,648 4,648 

BRAC WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations DON–84: JRB Willow Grove & Cambria Reg AP 3,397 3,397 3,397 3,397 

Base Realignment and Closure—Navy Total ............................................................................................................... 134,373 149,373 134,373 25,000 159,373 

BRAC WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations DoD BRAC Activities—Air Force 56,365 56,365 56,365 56,365 

Base Realignment and Closure—Air Force Total ....................................................................................................... 56,365 56,365 56,365 0 56,365 

PYS WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Planning and Design, Defense Wide 0 0 0 –30,000 –30,000 

PYS WORLDWIDE UNSPECIFIED Worldwide Air Force 0 –29,300 –22,300 –51,460 –51,460 PYS WORLDWIDE UNSPECIFIED Worldwide Army 0 –25,000 –30,000 –29,602 –29,602 PYS WORLDWIDE UNSPECIFIED Worldwide Defense-Wide 0 –60,577 –132,200 –141,600 –141,600 PYS WORLDWIDE UNSPECIFIED Worldwide Navy 0 –87,699 0 0 PYS WORLDWIDE UNSPECIFIED LOCATIONS Worldwide HAP 0 –25,000 0 –25,000 –25,000 PYS WORLDWIDE UNSPECIFIED LOCATIONS Worldwide NSIP 0 –30,000 –30,000 –30,000 –30,000 

Prior Year Savings Total ............................................................................................................................................... 0 –257,576 –214,500 –307,662 –307,662 

Total, Military Construction ........................................................................................................................................... 7,444,056 7,694,000 7,477,462 265,509 7,709,565 

SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS. 


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SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Account State/ Country Installation Project Title FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

Army WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations ERI: Planning and Design 18,900 18,900 18,900 18,900 

Military Construction, Army Total ................................................................................................................................. 18,900 18,900 18,900 0 18,900 

Navy ICELAND Keflavik ERI: P–8A Aircraft Rinse Rack 5,000 5,000 5,000 5,000 Navy ICELAND Keflavik ERI: P–8A Hangar Upgrade 14,600 14,600 14,600 14,600 Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations ERI: Planning and Design 1,800 1,800 1,800 1,800 

Military Construction, Navy Total ................................................................................................................................. 21,400 21,400 21,400 0 21,400 

AF BULGARIA Graf Ignatievo ERI: Construct Sq Ops/Operational Alert Fac 3,800 3,800 3,800 3,800 AF BULGARIA Graf Ignatievo ERI: Fighter Ramp Extension 7,000 7,000 7,000 7,000 AF BULGARIA Graf Ignatievo ERI: Upgrade Munitions Storage Area 2,600 2,600 2,600 2,600 AF DJIBOUTI Chabelley Airfield OCO: Construct Chabelley Access Road 3,600 3,600 3,600 3,600 AF DJIBOUTI Chabelley Airfield OCO: Construct Parking Apron and Taxiway 6,900 6,900 6,900 6,900 AF ESTONIA Amari AB ERI: Construct Bulk Fuel Storage 6,500 6,500 6,500 6,500 AF GERMANY Spangdahlem AB ERI: Construct High Cap Trim Pad & Hush House 1,000 1,000 1,000 1,000 AF GERMANY Spangdahlem AB ERI: F/A–22 Low Observable/Comp Repair Fac 12,000 12,000 12,000 12,000 AF GERMANY Spangdahlem AB ERI: F/A–22 Upgrade Infrastructure/Comm/Util 1,600 1,600 1,600 1,600 AF GERMANY Spangdahlem AB ERI: Upgrade Hardened Aircraft Shelters 2,700 2,700 2,700 2,700 AF GERMANY Spangdahlem AB ERI: Upgrade Munitions Storage Doors 1,400 1,400 1,400 1,400 AF LITHUANIA Siauliai ERI: Munitions Storage 3,000 3,000 3,000 3,000 AF POLAND Lask AB ERI: Construct Squadron Operations Facility 4,100 4,100 4,100 4,100 AF POLAND Powidz AB ERI: Construct Squadron Operations Facility 4,100 4,100 4,100 4,100 AF ROMANIA Campia Turzii ERI: Construct Munitions Storage Area 3,000 3,000 3,000 3,000 AF ROMANIA Campia Turzii ERI: Construct Squadron Operations Facility 3,400 3,400 3,400 3,400 AF ROMANIA Campia Turzii ERI: Construct Two-Bay Hangar 6,100 6,100 6,100 6,100 AF ROMANIA Campia Turzii ERI: Extend Parking Aprons 6,000 6,000 6,000 6,000 AF WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations CTP: Planning and Design 9,000 8,551 9,000 –449 8,551 


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AF WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations OCO: Planning and Design 940 940 940 940 

Military Construction, Air Force Total .......................................................................................................................... 88,740 88,291 88,740 –449 88,291 

Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations ERI: Unspecified Minor Construction 5,000 5,000 5,000 5,000 

Military Construction, Defense-Wide Total .................................................................................................................. 5,000 5,000 5,000 0 5,000 

Total, Military Construction ........................................................................................................................................... 134,040 133,591 134,040 –449 133,591 

SEC. 4603. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS. 

SEC. 4603. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS 

(In Thousands of Dollars) 

Account State/ Country Installation Project Title FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

Navy DJIBOUTI Camp Lemonier OCO: Medical/Dental Facility 37,409 0 0 0 37,409 Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide Lo- cations Planning and Design 1,000 0 0 0 1,000 

Military Construction, Navy Total ................................................................................................................................. 38,409 0 0 0 38,409 

Total, Military Construction ........................................................................................................................................... 38,409 0 0 0 38,409 

TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL 

SECURITY PROGRAMS 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS. 


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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

Discretionary Summary By Appropriation 

Energy And Water Development, And Related Agencies Appropriation Summary: 

Energy Programs 

Nuclear Energy ........................................................................................................................... 151,876 –15,260 0 –15,260 136,616 

Atomic Energy Defense Activities 

National nuclear security administration: 

Weapons activities ............................................................................................................ 9,243,147 316,000 –7,750 185,882 9,429,029 Defense nuclear nonproliferation ...................................................................................... 1,807,916 11,600 70,000 79,000 1,886,916 Naval reactors ................................................................................................................... 1,420,120 0 0 –2,500 1,417,620 

Federal salaries and expenses ......................................................................................... 412,817 –40,000 0 –17,300 395,517 

Total, National nuclear security administration ..................................................................... 12,884,000 287,600 62,250 245,082 13,129,082 

Environmental and other defense activities: 

Defense environmental cleanup ........................................................................................ 5,382,050 –92,100 –135,100 –108,492 5,273,558 Other defense activities .................................................................................................... 791,552 9,000 0 –2,000 789,552 

Total, Environmental & other defense activities .................................................................... 6,173,602 –83,100 –135,100 –110,492 6,063,110 

Total, Atomic Energy Defense Activities .......................................................................................... 19,057,602 204,500 –72,850 134,590 19,192,192 

Total, Discretionary Funding ............................................................................................................................... 19,209,478 189,240 –72,850 119,330 19,328,808 

Nuclear Energy 

Idaho sitewide safeguards and security ..................................................................................................... 129,303 129,303 Idaho operations and maintenance ............................................................................................................. 7,313 7,313 Consent Based Siting .................................................................................................................................. 15,260 –15,260 –15,260 0 

Denial of funds for defense-only repository ....................................................................................... [–15,260 ] [–15,260] 

Total, Nuclear Energy .......................................................................................................................................... 151,876 –15,260 0 –15,260 136,616 


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Weapons Activities 

Directed stockpile work 

Life extension programs 

B61 Life extension program ....................................................................................................... 616,079 616,079 W76 Life extension program ...................................................................................................... 222,880 222,880 W88 Alt 370 ............................................................................................................................... 281,129 281,129 

W80–4 Life extension program .................................................................................................. 220,253 21,000 220,253 

Mitigation of schedule risk ............................................................................................... [21,000 ] 

Total, Life extension programs ......................................................................................................... 1,340,341 21,000 0 0 1,340,341 Stockpile systems 

B61 Stockpile systems ............................................................................................................... 57,313 57,313 

W76 Stockpile systems .............................................................................................................. 38,604 38,604 

W78 Stockpile systems .............................................................................................................. 56,413 56,413 W80 Stockpile systems .............................................................................................................. 64,631 64,631 B83 Stockpile systems ............................................................................................................... 41,659 41,659 

W87 Stockpile systems .............................................................................................................. 81,982 81,982 

W88 Stockpile systems .............................................................................................................. 103,074 103,074 

Total, Stockpile systems .................................................................................................................... 443,676 0 0 0 443,676 Weapons dismantlement and disposition 

Operations and maintenance ..................................................................................................... 68,984 –14,000 –12,750 –12,984 56,000 

Denial of dismantlement acceleration .............................................................................. [–14,000 ] [–12,984] Program Reduction ............................................................................................................ [–12,750] 

Stockpile services 

Production support ..................................................................................................................... 457,043 457,043 

Research and development support .......................................................................................... 34,187 34,187 

R&D certification and safety ..................................................................................................... 156,481 46,000 156,481 

Stockpile Responsiveness Program and technology maturation efforts .......................... [46,000 ] 

Management, technology, and production ................................................................................. 251,978 251,978 


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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

Total, Stockpile services ................................................................................................................... 899,689 46,000 0 0 899,689 Nuclear material commodities 

Uranium sustainment ................................................................................................................ 20,988 20,988 Plutonium sustainment .............................................................................................................. 184,970 6,000 184,970 

Mitigation of schedule risk for meeting statutory pit production requirements ............. [6,000 ] 

Tritium sustainment ................................................................................................................... 109,787 109,787 

Domestic uranium enrichment ................................................................................................... 50,000 50,000 

Strategic materials sustainment ............................................................................................... 212,092 212,092 

Total, Nuclear material commodities ............................................................................................... 577,837 6,000 0 0 577,837 

Total, Directed stockpile work ................................................................................................................... 3,330,527 59,000 –12,750 –12,984 3,317,543 Research, development, test and evaluation (RDT&E) 

Science 

Advanced certification ............................................................................................................... 58,000 58,000 

Primary assessment technologies .............................................................................................. 99,000 12,000 99,000 

Support to Prototype Nuclear Weapons for Intelligence Estimates program ................... [12,000 ] 

Dynamic materials properties .................................................................................................... 106,000 106,000 Advanced radiography ................................................................................................................ 50,500 50,500 

Secondary assessment technologies .......................................................................................... 76,000 76,000 

Academic alliances and partnerships ....................................................................................... 52,484 52,484 

Total, Science ..................................................................................................................................... 441,984 12,000 0 0 441,984 Engineering 

Enhanced surety ......................................................................................................................... 37,196 16,000 37,196 

Stockpile Responsiveness Program and technology maturation efforts .......................... [16,000 ] 

Weapon systems engineering assessment technology .............................................................. 16,958 16,958 


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Nuclear survivability .................................................................................................................. 43,105 4,000 43,105 

Improve planning and coordination on strategic radiation-hardened microsystems ...... [4,000 ] 

Enhanced surveillance ............................................................................................................... 42,228 42,228 

Total, Engineering .............................................................................................................................. 139,487 20,000 0 0 139,487 

Inertial confinement fusion ignition and high yield 

Ignition ....................................................................................................................................... 75,432 –5,000 75,432 

Program decrease ............................................................................................................. [–5,000 ] 

Support of other stockpile programs ......................................................................................... 23,363 23,363 Diagnostics, cryogenics and experimental support ................................................................... 68,696 68,696 Pulsed power inertial confinement fusion ................................................................................. 5,616 5,616 Joint program in high energy density laboratory plasmas ....................................................... 9,492 9,492 Facility operations and target production ................................................................................. 340,360 –4,000 340,360 

Program decrease ............................................................................................................. [–4,000 ] 

Total, Inertial confinement fusion and high yield ........................................................................... 522,959 –9,000 0 0 522,959 

Advanced simulation and computing ................................................................................................. 663,184 –7,000 –7,000 656,184 

Program decrease ...................................................................................................................... [–7,000 ] [–7,000] 

Stockpile Responsiveness Program ..................................................................................................... 0 5,000 40,000 40,000 

Program increase ....................................................................................................................... [5,000] [40,000] 

Advanced manufacturing 

Additive manufacturing ............................................................................................................. 12,000 12,000 Component manufacturing development ................................................................................... 46,583 31,000 46,583 

Stockpile Responsiveness Program and technology maturation efforts .......................... [31,000 ] 

Processing technology development .......................................................................................... 28,522 28,522 

Total, Advanced manufacturing ........................................................................................................ 87,105 31,000 0 0 87,105 

Total, RDT&E ................................................................................................................................................ 1,854,719 47,000 5,000 33,000 1,887,719 

Infrastructure and operations (formerly RTBF) 

Operating 


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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

Operations of facilities 

Kansas City Plant ............................................................................................................. 101,000 101,000 Lawrence Livermore National Laboratory .......................................................................... 70,500 70,500 Los Alamos National Laboratory ....................................................................................... 196,500 196,500 Nevada Test Site ............................................................................................................... 92,500 92,500 Pantex ................................................................................................................................ 55,000 55,000 Sandia National Laboratory .............................................................................................. 118,000 118,000 Savannah River Site ......................................................................................................... 83,500 83,500 Y–12 National security complex ....................................................................................... 107,000 107,000 

Total, Operations of facilities .................................................................................................. 824,000 0 0 0 824,000 

Safety and environmental operations ................................................................................................. 110,000 110,000 Maintenance and repair of facilities .................................................................................................. 294,000 30,000 30,000 324,000 

Address high-priority preventative maintenance ....................................................................... [30,000 ] [30,000] 

Recapitalization: 

Infrastructure and safety ........................................................................................................... 554,643 120,000 75,866 630,509 

Address high-priority deferred maintenance .................................................................... [120,000 ] [75,866] 

Capability based investment ..................................................................................................... 112,639 112,639 

Total, Recapitalization ....................................................................................................................... 667,282 120,000 0 75,866 743,148 

Construction: 

17–D–640 U1a Complex Enhancements Project, NNSS ............................................................ 11,500 11,500 17–D–630 Electrical Infrastructure Upgrades, LLNL ................................................................ 25,000 25,000 16–D–515 Albuquerque complex upgrades project .................................................................. 15,047 15,047 15–D–613 Emergency Operations Center, Y–12 ....................................................................... 2,000 2,000 


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15–D–302 TA–55 Reinvestment project, Phase 3, LANL .......................................................... 21,455 21,455 07–D–220–04 Transuranic liquid waste facility, LANL ............................................................ 17,053 17,053 06–D–141 PED/Construction, UPF Y–12, Oak Ridge, TN .......................................................... 575,000 575,000 04–D–125–04 RLUOB equipment installation .......................................................................... 159,615 159,615 

Total, Construction ............................................................................................................................. 826,670 0 0 0 826,670 

Total, Infrastructure and operations ......................................................................................................... 2,721,952 150,000 0 105,866 2,827,818 Secure transportation asset 

Operations and equipment ................................................................................................................. 179,132 179,132 Program direction ................................................................................................................................ 103,600 103,600 

Total, Secure transportation asset ............................................................................................................ 282,732 0 0 0 282,732 

Defense nuclear security 

Operations and maintenance .............................................................................................................. 657,133 60,000 36,000 693,133 

Support to physical security infrastructure recapitalization and CSTART ................................ [60,000 ] [36,000] 

Construction: 

14–D–710 Device assembly facility argus installation project, NV ......................................... 13,000 13,000 17–D–710 West end protected area reduction project, Y–12 .................................................. 0 24,000 24,000 

Total, Defense nuclear security ................................................................................................................. 670,133 60,000 0 60,000 730,133 

Information technology and cybersecurity ................................................................................................... 176,592 176,592 Legacy contractor pensions ......................................................................................................................... 248,492 248,492 Rescission of prior year balances ............................................................................................................... –42,000 –42,000 

Total, Weapons Activities .................................................................................................................................... 9,243,147 316,000 –7,750 185,882 9,429,029 

Defense Nuclear Nonproliferation 

Defense Nuclear Nonproliferation Programs 

Defense Nuclear Nonproliferation R&D 

Global material security ............................................................................................................. 337,108 –5,000 337,108 

Program decrease ............................................................................................................. [–5,000 ] 

Material management and minimization .................................................................................. 341,094 –82,400 –20,000 321,094 


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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

Program decrease ............................................................................................................. [–82,400 ] [–20,000] 

Nonproliferation and arms control ............................................................................................. 124,703 124,703 Defense Nuclear Nonproliferation R&D ...................................................................................... 393,922 24,000 24,000 417,922 

Acceleration of low-yield detection experiments .............................................................. [4,000 ] [4,000] Nuclear detection technology and new challenges such as 3D printing ........................ [20,000 ] [20,000] 

Low Enriched Uranium R&D for Naval Reactors ....................................................................... 0 5,000 5,000 5,000 

Low Enriched Uranium R&D for Naval Reactors .............................................................. [5,000 ] [5,000] 

Nonproliferation Construction: 

99–D–143 Mixed Oxide (MOX) Fuel Fabrication Facility, SRS ......................................... 270,000 70,000 70,000 70,000 340,000 

Increase to support construction ............................................................................. [70,000 ] [70,000] [70,000] 

Total, Nonproliferation construction ........................................................................................ 270,000 70,000 70,000 70,000 340,000 

Total, Defense Nuclear Nonproliferation Programs ........................................................................ 1,466,827 11,600 70,000 79,000 1,545,827 

Legacy contractor pensions ......................................................................................................................... 83,208 83,208 Nuclear counterterrorism and incident response program .......................................................................... 271,881 271,881 Rescission of prior year balances ............................................................................................................... –14,000 –14,000 

Total, Defense Nuclear Nonproliferation ............................................................................................................ 1,807,916 11,600 70,000 79,000 1,886,916 

Naval Reactors 

Naval reactors operations and infrastructure ............................................................................................. 449,682 –2,500 447,182 Naval reactors development ........................................................................................................................ 437,338 437,338 Ohio replacement reactor systems development ......................................................................................... 213,700 213,700 S8G Prototype refueling ............................................................................................................................... 124,000 124,000 Program direction ......................................................................................................................................... 47,100 47,100 Construction: 


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17–D–911, BL Fire System Upgrade .................................................................................................. 1,400 1,400 15–D–904 NRF Overpack Storage Expansion 3 ................................................................................. 700 700 15–D–902 KS Engineroom team trainer facility ................................................................................ 33,300 33,300 14–D–901 Spent fuel handling recapitalization project, NRF ........................................................... 100,000 100,000 10–D–903, Security upgrades, KAPL .................................................................................................. 12,900 12,900 

Total, Construction ...................................................................................................................................... 148,300 0 0 0 148,300 

Total, Naval Reactors .......................................................................................................................................... 1,420,120 0 0 –2,500 1,417,620 

Federal Salaries And Expenses 

Program direction ......................................................................................................................................... 412,817 –40,000 –17,300 395,517 

Program decrease ............................................................................................................................... [–40,000 ] [–17,300] 

Total, Office Of The Administrator ...................................................................................................................... 412,817 –40,000 0 –17,300 395,517 

Defense Environmental Cleanup 

Closure sites: 

Closure sites administration ............................................................................................................... 9,389 9,389 

Hanford site: 

River corridor and other cleanup operations ...................................................................................... 69,755 45,000 45,000 114,755 

Acceleration of priority programs .............................................................................................. [45,000 ] [45,000] 

Central plateau remediation ............................................................................................................... 620,869 8,000 23,500 644,369 

Acceleration of priority programs .............................................................................................. [8,000 ] [23,500] 

Richland community and regulatory support ..................................................................................... 14,701 14,701 Construction: 

15–D–401 Containerized sludge removal annex, RL ................................................................ 11,486 11,486 

Total, Hanford site ...................................................................................................................................... 716,811 53,000 0 68,500 785,311 

Idaho National Laboratory: 

Idaho cleanup and waste disposition ................................................................................................ 359,088 359,088 Idaho community and regulatory support .......................................................................................... 3,000 3,000 


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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

Total, Idaho National Laboratory ............................................................................................................... 362,088 0 0 0 362,088 Los Alamos National Laboratory 

EMLA cleanup activities ...................................................................................................................... 185,606 10,000 10,000 195,606 

Program Increase ....................................................................................................................... [10,000] [10,000] 

EMLA community and regulatory support ........................................................................................... 3,394 3,394 

Total, Los Alamos National Laboratory ...................................................................................................... 189,000 0 10,000 10,000 199,000 NNSA sites 

Lawrence Livermore National Laboratory ............................................................................................ 1,396 1,396 Separations Process Research Unit .................................................................................................... 3,685 3,685 Nevada ................................................................................................................................................ 62,176 62,176 Sandia National Laboratories ............................................................................................................. 4,130 4,130 

Total, NNSA sites and Nevada off-sites ..................................................................................................... 71,387 0 0 0 71,387 Oak Ridge Reservation: 

OR Nuclear facility D & D 

OR Nuclear facility D & D ......................................................................................................... 93,851 93,851 Construction: 

14–D–403 Outfall 200 Mercury Treatment Facility .......................................................... 5,100 5,100 

Total, OR Nuclear facility D & D ....................................................................................................... 98,951 0 0 0 98,951 U233 Disposition Program .................................................................................................................. 37,311 37,311 OR cleanup and disposition ............................................................................................................... 54,557 54,557 OR reservation community and regulatory support ............................................................................ 4,400 4,400 Oak Ridge technology development .................................................................................................... 3,000 3,000 

Total, Oak Ridge Reservation ..................................................................................................................... 198,219 0 0 0 198,219 


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Office of River Protection: 

Waste treatment and immobilization plant 

WTP operations ........................................................................................................................... 3,000 3,000 

15–D–409 Low activity waste pretreatment system, ORP ....................................................... 73,000 73,000 01–D–416 A–D/ORP–0060 / Major construction ...................................................................... 690,000 690,000

Total, Waste treatment and immobilization plant ........................................................................... 766,000 0 0 0 766,000 Tank farm activities 

Rad liquid tank waste stabilization and disposition ................................................................ 721,456 721,456 

Total, Tank farm activities ................................................................................................................ 721,456 0 0 0 721,456 

Total, Office of River protection ................................................................................................................ 1,487,456 0 0 0 1,487,456 Savannah River sites: 

Nuclear Material Management ............................................................................................................ 311,062 311,062 Environmental Cleanup ....................................................................................................................... 152,504 152,504 SR community and regulatory support ............................................................................................... 11,249 11,249 Radioactive liquid tank waste: 

Radioactive liquid tank waste stabilization and disposition .................................................... 645,332 645,332 Construction: 

15–D–402—Saltstone Disposal Unit #6, SRS ................................................................. 7,577 7,577 17–D–401—Saltstone Disposal Unit #7 .......................................................................... 9,729 9,729 05–D–405 Salt waste processing facility, Savannah River Site ..................................... 160,000 160,000 

Total, Construction .................................................................................................................... 177,306 0 0 0 177,306 

Total, Radioactive liquid tank waste ................................................................................................ 822,638 0 0 0 822,638 

Total, Savannah River site ......................................................................................................................... 1,297,453 0 0 0 1,297,453 Waste Isolation Pilot Plant 

Operations and maintenance .............................................................................................................. 257,188 10,000 10,000 267,188 

Program increase ....................................................................................................................... [10,000] [10,000] 

Construction: 


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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized 

15–D–411 Safety significant confinement ventilation system, WIPP ...................................... 2,532 2,532 15–D–412 Exhaust shaft, WIPP ................................................................................................ 2,533 2,533 

Total, Construction ............................................................................................................................. 5,065 0 0 0 5,065 

Total, Waste Isolation Pilot Plant .............................................................................................................. 262,253 0 10,000 10,000 272,253 

Program direction ......................................................................................................................................... 290,050 290,050 Program support .......................................................................................................................................... 14,979 14,979 Safeguards and Security .............................................................................................................................. 255,973 255,973 Technology development .............................................................................................................................. 30,000 10,000 30,000 

NAS study on technology development, acceleration of priority efforts ............................................ [10,000 ] 

Infrastructure recapitalization ..................................................................................................................... 41,892 –41,892 0 Defense Uranium enrichment D&D .............................................................................................................. 155,100 –155,100 –155,100 –155,100 0 

Ahead of need ..................................................................................................................................... [–155,100 ] [–155,100] [–155,100] 

Subtotal, Defense environmental cleanup ......................................................................................................... 5,382,050 –92,100 –135,100 –108,492 5,273,558 Total, Defense Environmental Cleanup ............................................................................................................... 5,382,050 –92,100 –135,100 –108,492 5,273,558 Other Defense Activities 

Environment, health, safety and security 

Environment, health, safety and security ........................................................................................... 130,693 –2,000 128,693 Program direction ................................................................................................................................ 66,519 66,519 

Total, Environment, health, safety and security ....................................................................................... 197,212 0 0 –2,000 195,212 Independent enterprise assessments 

Independent enterprise assessments ................................................................................................. 24,580 24,580 Program direction ................................................................................................................................ 51,893 51,893 


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Total, Independent enterprise assessments ............................................................................................. 76,473 0 0 0 76,473 Specialized security activities ...................................................................................................................... 237,912 9,000 237,912 

IT infrastructure and red teaming ...................................................................................................... [9,000 ] 

Office of Legacy Management 

Legacy management ........................................................................................................................... 140,306 140,306 Program direction ................................................................................................................................ 14,014 14,014 

Total, Office of Legacy Management ......................................................................................................... 154,320 0 0 0 154,320 

Defense-related activities Defense related administrative support 

Chief financial officer ......................................................................................................................... 23,642 23,642 

Chief information officer ..................................................................................................................... 93,074 93,074 

Project management oversight and assessments .............................................................................. 3,000 3,000 

Total, Defense related administrative support ......................................................................................... 119,716 0 0 0 116,716 

Office of hearings and appeals ................................................................................................................... 5,919 5,919 

Subtotal, Other defense activities ...................................................................................................................... 791,552 9,000 0 –2,000 789,552 Total, Other Defense Activities ........................................................................................................................... 791,552 9,000 0 –2,000 789,552 


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DIVISION E—UNIFORM CODE OF MILITARY JUSTICE 

REFORM 

Short title (sec. 5001) 

The Senate bill contained a provision (sec. 5001) that would 

provide that the short title for this division may be cited as the 

‘‘Military Justice Act of 2016’’. 

The House amendment contained an identical provision (sec. 

6000). 

The conference agreement includes this provision. 

TITLE LI—GENERAL PROVISIONS

Definitions (sec. 5101) 

The Senate bill contained a provision (sec. 5101) that would 

amend section 801 of title 10, United States Code, (Article 1, Uniform Code of Military Justice (UCMJ)) to amend the definition of 

‘‘judge advocate’’; to reflect the change within the Department of 

the Air Force from the ‘‘Judge Advocate General’s Department’’ to 

the ‘‘Judge Advocate General’s Corps’’; and to amend the definition 

of ‘‘military judge’’ to conform to the proposed changes in Article 

30a of the Uniform Code of Military Justice (10 U.S.C. 830a) allowing military judges to address certain matters prior to referral of 

charges. 

The House amendment contained a similar provision (sec. 

6101). 

The House recedes. 

Clarification of persons subject to UCMJ while on inactive-duty 

training (sec. 5102) 

The Senate bill contained a provision (sec. 5102) that would 

amend section 802 of title 10, United States Code, (Article 2, Uniform Code of Military Justice (UCMJ)) that would clarify jurisdiction for reserve component members during time periods incidental 

to Inactive-Duty Training (IDT). 

The House amendment contained an identical provision (sec. 

6002). 

The conference agreement includes this provision. 

Staff judge advocate disqualification due to prior involvement in 

case (sec. 5103) 

The Senate bill contained a provision (sec. 5103) that would 

amend section 806 of title 10, United States Code, (Article 6, Uniform Code of Military Justice (UCMJ)) to include appellate judges 

and counsel, including special victims’ counsel, who have acted in 

the same case or in any proceeding before a military judge, preliminary hearing officer, or appellate court, in those disqualified to 

serve as a staff judge advocate or legal officer to any reviewing or 

convening authority on the same case. 

The House amendment contained an identical provision (sec. 

6003). 

The conference agreement includes this provision. 


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Conforming amendment relating to military magistrates (sec. 5104) 

The Senate bill contained a provision (sec. 5104) that would 

amend section 806a of title 10, United States Code, (Article 6a, 

Uniform Code of Military Justice (UCMJ)) to conform Article 6a, 

UCMJ, with the provision to allow the detailing of military magistrates to proceedings under Article 30a and to add ‘‘military magistrates’’ to the list of officials whose fitness to perform duties shall 

be subject to investigation and disposition under regulations prescribed by the President. 

The House amendment contained an identical provision (sec. 

6004). 

The conference agreement includes this provision. 

Rights of victim (sec. 5105) 

The Senate bill contained a provision (sec. 546) that would 

amend section 806b(c) of title 10, United States Code (Article 6b(c), 

Uniform Code of Military Justice (UCMJ)) to authorize military 

judges to decide on a case-by-case basis whether it is appropriate 

to appoint an individual to assume the victim’s rights in all cases 

under the UCMJ in which the victim of an offense is under 18 

years of age (unless the victim is a member of the Armed Forces) 

or is incompetent, incapacitated, or deceased. 

The Senate bill also contained a provision (sec. 5105) that 

would amend section 806b of title 10, United States Code, (Article 

6b, UCMJ), to clarify the relationship between the rights of victims 

and the disposition of offenses, as well as the procedures for judicial appointment of individuals to assume the rights of certain victims. The provision would also modify Article 6b, UCMJ, to incorporate procedures on defense counsel interviews of victims of sexrelated offenses into Article 6b, UCMJ, and would extend those 

procedures to victims of all offenses, consistent with related victims’ rights provisions. 

The House amendment contained a provision (sec. 6005) that 

is identical to the Senate provision (sec. 5105). 

The conference agreement includes the identical provisions. 

TITLE LII—APPREHENSION AND RESTRAINT

Restraint of persons charged (sec. 5121) 

The Senate bill contained a provision (sec. 5121) that would 

amend section 810 of title 10, United States Code, (Article 10, Uniform Code of Military Justice (UCMJ)) to conform the language of 

the section to reflect current military justice practice regarding the 

arrest or confinement of an individual who is charged with an offense under the UCMJ. Additionally, it would amend Article 10 to 

require forwarding of charges and, when applicable, the preliminary hearing report, whenever a person is ordered into arrest or 

confinement before trial. 

The House amendment contained an identical provision (sec. 

6101). 

The conference agreement includes this provision. 


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Modification of prohibition of confinement of members of the Armed 

Forces with enemy prisoners and certain others (sec. 5122) 

The Senate bill contained a provision (sec. 5122) that would 

amend section 812 of title 10, United States Code, (Article 12, Uniform Code of Military Justice (UCMJ)) to limit the prohibition on 

confining military members with foreign nationals to situations 

where the foreign nationals are not members of the U.S. Armed 

Forces and are detained under the law of war. 

The House amendment contained an identical provision (sec. 

6102). 

The conference agreement includes this provision. 

TITLE LIII—NON-JUDICIAL PUNISHMENT

Modification of confinement as non-judicial punishment (sec. 5141) 

The Senate bill contained a provision (sec. 5141) that would 

amend section 815 of title 10, United States Code, (Article 15, Uniform Code of Military Justice (UCMJ)) to remove punishment in 

the form of confinement on a diet limited to bread and water from 

the list of authorized punishments. 

The House amendment contained an identical provision (sec. 

6201). 

The conference agreement includes this provision. 

TITLE LIV—COURT-MARTIAL JURISDICTION

Courts-martial classified (sec. 5161) 

The Senate bill contained a provision (sec. 5161) that would 

amend section 816 of title 10, United States Code, (Article 16, Uniform Code of Military Justice (UCMJ)) to establish standard panel 

sizes in all courts-martial: 8 members in a general court-martial 

(subject to the requirements of Article 25a in capital cases), and 4 

members in a special court-martial. The provision would require a 

military judge to be detailed to all special courts-martial and would 

provide the military justice system with an option for a judge-alone 

trial by special court-martial, with confinement limited to 6 months 

or less, as reflected in the proposed changes to Article 19, UCMJ. 

The House amendment contained an identical provision (sec. 

6301). 

The conference agreement includes this provision. 

Jurisdiction of general courts-martial (sec. 5162) 

The Senate bill contained a provision (sec. 5162) that would 

amend section 818 of title 10, United States Code, (Article 18, Uniform Code of Military Justice (UCMJ)) to conform Article 18 to the 

proposed changes to Article 16 concerning the types of general 

courts-martial and the proposed changes to Article 56 concerning 

sex-related offenses. 

The House amendment contained a similar provision (sec. 

6302). 

The House recedes. 


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Jurisdiction of special courts-martial (sec. 5163) 

The Senate bill contained a provision (sec. 5163) that would 

amend section 819 of title 10, United States Code, (Article 19, Uniform Code of Military Justice (UCMJ)) to conform to the proposal 

in Article 16, UCMJ, that would authorize special courts-martial to 

be referred for trial by military judge-alone, and to authorize a 

military judge to designate a military magistrate to preside over 

trials, and to conform to current practice requiring a military 

judge, qualified defense counsel, and a recorder at every special 

court-martial. 

The House amendment contained an identical provision (sec. 

6303). 

The conference agreement includes this provision. 

Summary court-martial as non-criminal forum (sec. 5164) 

The Senate bill contained a provision (sec. 5164) that would 

amend section 820 of title 10, United States Code, (Article 20, Uniform Code of Military Justice (UCMJ)) by adding a new subsection 

defining the summary court-martial as a non-criminal forum and 

clarifying that a finding of guilty at a summary court-martial does 

not constitute a criminal conviction. 

The House amendment contained an identical provision (sec. 

6304). 

The conference agreement includes this provision. 

TITLE LV—COMPOSITION OF COURTS-MARTIAL

Technical amendment relating to persons authorized to convene general courts-martial (sec. 5181) 

The Senate bill contained a provision (sec. 5181) that would 

amend section 822 of title 10, United States Code, (Article 22, Uniform Code of Military Justice (UCMJ)) by removing the words ‘‘in 

chief’’ to reflect the current terminology for the commander of a 

naval fleet. 

The House amendment contained an identical provision (sec. 

6401). 

The conference agreement includes this provision. 

Who may serve on courts-martial and related matters (sec. 5182) 

The Senate bill contained a provision (sec. 5182) that would 

amend section 825 of title 10, United States Code, (Article 25, Uniform Code of Military Justice (UCMJ)) to permit convening authorities to detail enlisted personnel to court-martial panels, subject to the accused’s ability to specifically elect an all-officer panel, 

under the same rules and procedures with which an accused may 

elect one-third enlisted panel membership; to remove the statutory 

prohibition against detailing enlisted members to courts-martial 

who are from the same unit as an enlisted accused; and to conform 

to the proposed amendments to Article 29, UCMJ, concerning 

impaneling of members. 

The House amendment contained a similar provision (sec. 

6402). 

The House recedes with an amendment that would establish 

that sentencing in courts-martial in which members convict the acVerDate Sep 11 2014 02:42 Dec 04, 2016 Jkt 022492 PO 00000 Frm 01555 Fmt 6601 Sfmt 6601 E:\HR\OC\HR840.XXX HR840

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cused for any offense would be by military judge alone unless, after 

the findings are announced and before any matter is presented in 

the sentencing phase, the accused requests sentencing by members. 

The amendment retains the requirement for sentencing by members in capital cases for which the court-martial may sentence the 

accused to death. 

The Department of Defense Military Justice Review Group recommended that sentencing should be by military judge alone in all 

cases except in capital cases for which the court-martial may sentence the accused to death. There may be non-capital cases in 

which an accused prefers that his or her sentence should be determined by members. The conferees determined that it would be appropriate to allow an accused found guilty by a court-martial with 

a military judge and members the option to select members for sentencing. The conferees further direct that the Military Justice Review Panel established elsewhere in this Act shall gather and analyze data on the frequency and sentencing outcomes in non-capital 

cases in which an accused requests sentencing by members and to 

include this information in the report to the Committees on Armed 

Services of the Senate and the House of Representatives required 

under this Act. 

Number of court-martial members in capital cases (sec. 5183) 

The Senate bill contained a provision (sec. 5183) that would 

amend section 825a of title 10, United States Code, (Article 25a, 

Uniform Code of Military Justice (UCMJ)) to require a fixed-size 

panel of twelve members in capital cases. 

The House amendment contained an identical provision (sec. 

6403). 

The conference agreement includes this provision. 

Detailing, qualifications, and other matters relating to military 

judges (sec. 5184) 

The Senate bill contained a provision (sec. 5184) that would 

amend section 826 of title 10, United States Code, (Article 26, Uniform Code of Military Justice (UCMJ)) to conform the section to the 

current practice of detailing a military judge to every general and 

special court-martial; to provide for cross-service detailing of military judges; to require a chief trial judge in each armed force; and 

to provide appropriate criteria for service as a military judge. The 

provision would also authorize the President to establish uniform 

regulations concerning minimum tour lengths for military judges 

with provisions for early reassignment as necessary. 

The House amendment contained a similar provision (sec. 

6404). 

The House recedes. 

Military magistrates (sec. 5185) 

The Senate bill contained a provision (sec. 5178) that would 

amend chapter 47 of title 10, United States Code, to add a new section 826a (Article 26a of the Uniform Code of Military Justice 

(UCMJ)) to establish the minimum qualifications for military magistrates, and to provide that military magistrates may be assigned 


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under service regulations to perform duties other than those described under Articles 19 and 30a. 

The House amendment contained a similar provision. 

The House recedes (sec. 6407). 

Qualifications of trial counsel and defense counsel (sec. 5186) 

The Senate bill contained a provision (sec. 5185) that would 

amend section 827 of title 10, United States Code, (Article 27, Uniform Code of Military Justice (UCMJ)) to provide that an individual who has served as a preliminary hearing officer, court member, military judge, military magistrate, or appellate judge on a 

case may not later serve as trial counsel on that case. The provision would require that all defense counsel detailed to general or 

special courts-martial must be qualified under Article 27(b), and all 

trial counsel and assistant trial counsel detailed to special courtsmartial, and all assistant trial counsel detailed to general courtsmartial, must be determined to be competent to perform such duties under regulations prescribed by the President. The provision 

would also require, to the greatest extent practicable, at least one 

defense counsel detailed for a court-martial in a case in which the 

death penalty may be adjudged shall be learned in the law applicable to capital cases. 

The House amendment contained a similar provision (sec. 

6405). 

The House recedes. 

Assembly and impaneling of members and related matters (sec. 

5187) 

The Senate bill contained a provision (sec. 5186) that would 

amend section 829 of title 10, United States Code, (Article 29, Uniform Code of Military Justice (UCMJ)) to clarify the function of assembly and impanelment in general and special courts-martial 

with members, and the limited situations in which members may 

be absent from the court-martial after assembly; to provide for the 

impaneling of 12 members in a capital general court-martial, 8 

members in a non-capital general court-martial, and 4 members in 

a special court-martial; to authorize (but not require) the convening 

authority to direct the use of alternate members; and to authorize 

non-capital general courts-martial to proceed with a minimum of 6 

members if one or more members are excused for good cause after 

the members have been impaneled. It would further amend Article 

29 to clarify that a newly-detailed court-martial member or military judge may consider the record of previously admitted evidence 

through the use of an electronic or other similar recording. 

The House amendment contained a similar provision (sec. 

6406). 

The House recedes. 

TITLE LVI—PRE-TRIAL PROCEDURE

Charges and specifications (sec. 5201) 

The Senate bill contained a provision (sec. 5201) that would 

amend section 830 of title 10, United States Code, (Article 30, Uniform Code of Military Justice (UCMJ)) to reorganize the section 


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into three subsections: (a) to provide the mode of preferring charges 

and specifications and the oath requirement; (b) to provide the required statement of the person who signs the charges; and (c) to 

prescribe the duty of a proper authority to notify the accused of the 

charges and to dispose of them in the interest of justice and discipline. The provision would amend Article 30 to clarify the sequence of the notification and disposition requirements and to require that both actions take place as soon as practicable. 

The House amendment contained an identical provision (sec. 

6501). 

The conference agreement includes this provision. 

Certain proceedings conducted before referral (sec. 5202) 

The Senate bill contained a provision (sec. 5202) that would 

amend chapter 47 of title 10, United States Code, to add a new section 830a (Article 30a of the Uniform Code of Military Justice 

(UCMJ)) to provide statutory authority for military judges or magistrates to provide timely review, prior to referral of charges, of certain matters currently subject to judicial review only on a delayed 

basis at trial. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would limit the 

matters which may be reviewed prior to referral of charges to prereferral investigative subpoenas, pre-referral warrants or orders for 

electronic communications, and pre-referral matters referred by an 

appellate court. 

Preliminary hearing required before referral to general court-martial (sec. 5203) 

The Senate bill contained a provision (sec. 5203) that would 

amend section 832 of title 10, United States Code, (Article 32, Uniform Code of Military Justice (UCMJ)) to require the preliminary 

hearing officer to provide an analysis of information that will be 

useful in fulfilling the statutory responsibilities of the staff judge 

advocate, in providing legal determinations and a disposition recommendation to the convening authority under Article 34; and to 

assist the convening authority, in disposing of the charges and 

specifications in the interest of justice and discipline. 

The House amendment contained a similar provision (sec. 

6502). 

The House recedes with an amendment that would include as 

a purpose of the preliminary hearing a recommendation as to the 

disposition that should be made of the case. 

Disposition guidance (sec. 5204) 

The Senate bill contained a provision (sec. 5204) that would 

amend section 833 of title 10, United States Code, (Article 33, Uniform Code of Military Justice (UCMJ)) to move the requirement for 

prompt forwarding of charges in cases involving pretrial arrest or 

confinement from Article 33 to Article 10. The provision would require the Secretary of Defense, in consultation with the Secretary 

of Homeland Security, to establish non-binding guidance regarding 

factors that commanders, convening authorities, staff judge advocates, and judge advocates may take into account when exercising 


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their duties with respect to disposition of charges and specifications 

in the interest of justice and discipline. 

The House amendment contained a similar provision (sec. 

6503). 

The Senate recedes. 

Advice to convening authority before referral for trial (sec. 5205) 

The Senate bill contained a provision (sec. 5205) that would 

amend section 834 of title 10, United States Code, (Article 34, Uniform Code of Military Justice (UCMJ)) to clarify the relationship 

between the staff judge advocate’s advice under Article 34 and the 

general standard for disposition of charges and specifications under 

Article 30. The provision would require the convening authority to 

consult with a judge advocate before referral of charges to special 

courts-martial. The provision would clarify that formal corrections 

to the charges and specifications may be made before referral for 

trial in special courts-martial as well as in general courts-martial. 

The House amendment contained a similar provision (sec. 

6504). 

The House recedes. 

Service of charges and commencement of trial (sec. 5206) 

The Senate bill contained a provision (sec. 5206) that would 

amend section 835 of title 10, United States Code, (Article 35, Uniform Code of Military Justice (UCMJ)) to conform procedures for 

service of charges and waiting period requirements to current practice and other UCMJ articles. 

The House amendment contained an identical provision (sec. 

6505). 

The conference agreement includes this provision. 

TITLE LVII—TRIAL PROCEDURE

Duties of assistant defense counsel (sec. 5221) 

The Senate bill contained a provision (sec. 5221) that would 

amend section 838 of title 10, United States Code, (Article 38, Uniform Code of Military Justice (UCMJ)) to require all defense counsel, including assistant defense counsel, to be qualified under Article 27(b), UCMJ. 

The House amendment contained an identical provision (sec. 

6601). 

The conference agreement includes this provision. 

Sessions (sec. 5222) 

The Senate bill contained a provision (sec. 5222) that would 

amend section 839 of title 10, United States Code, (Article 39, Uniform Code of Military Justice (UCMJ)) to establish uniform requirements for arraignment by a military judge and to eliminate 

references to courts-martial without a military judge, and to conform to the provision under Article 53 to authorize judicial sentencing in all non-capital general courts-martial and all special 

courts-martial. 

The House amendment contained a similar provision (sec. 

6602). 


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The Senate recedes with an amendment to conform to the provision under Article 25, UCMJ, as amended in a separate provision 

in this Act, that would provide an accused the option to request 

sentencing by members. 

Technical amendment relating to continuances (sec. 5223) 

The Senate bill contained a provision (sec. 5223) that would 

amend section 840 of title 10, United States Code, (Article 40, Uniform Code of Military Justice (UCMJ)) to eliminate references to 

courts-martial without a military judge, and to clarify that the authority to grant continuances extends to summary courts-martial. 

The House amendment contained an identical provision (sec. 

6603). 

The conference agreement includes this provision. 

Conforming amendments relating to challenges (sec. 5224) 

The Senate bill contained a provision (sec. 5224) that would 

amend section 841 of title 10, United States Code, (Article 41, Uniform Code of Military Justice (UCMJ)) to conform the section with 

changes proposed to amend Article 16 concerning fixed panel sizes 

and to eliminate special courts-martial without a military judge. 

The House amendment contained a similar provision (sec. 

6604). 

The Senate recedes with a technical amendment. 

Statute of limitations (sec. 5225) 

The Senate bill contained a provision (sec. 5225) that would 

amend section 843 of title 10, United States Code, (Article 43, Uniform Code of Military Justice (UCMJ)) to extend the statute of limitations applicable to child abuse offenses from the current 5 years 

or the life of the child, whichever is longer, to 10 years or life of 

the child, whichever is longer. The provision would extend the statute of limitations for Article 83 fraudulent enlistment cases from 

5 years to: (1) the length of the enlistment, in the case of enlisted 

members; (2) the length of the appointment, in the case of officers; 

or (3) 5 years, whichever is longer. The provision would extend the 

statute of limitations when DNA testing implicates an identified 

person in the commission of an offense by excluding periods prior 

to the DNA identification in computing the period of limitations. 

The House amendment contained a similar provision (sec. 

6605). 

The House recedes with a technical amendment. 

Former jeopardy (sec. 5226) 

The Senate bill contained a provision (sec. 5226) that would 

amend section 844 of title 10, United States Code, (Article 44, Uniform Code of Military Justice (UCMJ)) to more closely align double 

jeopardy protections under the UCMJ with federal civilian practice. 

The House amendment contained an identical provision (sec. 

6606). 

The conference agreement includes this provision. 


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Pleas of the accused (sec. 5227) 

The Senate bill contained a provision (sec. 5227) that would 

amend section 845 of title 10, United States Code, (Article 45, Uniform Code of Military Justice (UCMJ)) to permit an accused to 

plead guilty in capital cases where a sentence of death is not mandatory. The provision would delete the reference to a court-martial 

without a military judge. The provision would eliminate the need 

for separate service regulations authorizing entry of findings upon 

acceptance of a guilty plea. The provision would add a new subsection to provide for harmless error review in guilty plea cases. 

The House amendment contained a similar provision (sec. 

6607). 

The House recedes. 

Subpoena and other process (sec. 5228) 

The Senate bill contained a provision (sec. 5228) that would 

amend section 846 of title 10, United States Code, (Article 46, Uniform Code of Military Justice (UCMJ)) to clarify the authority to 

issue and enforce subpoenas for witnesses and other evidence, to 

allow subpoenas duces tecum to be issued for investigations of offenses under the UCMJ when authorized by a general court-martial convening authority, and to authorize military judges to issue 

warrants and orders for the production of stored electronic communications under the Stored Communications Act (sections 2701– 

2712 of chapter 121, title 18, United States Code). 

The House amendment contained no similar provision. 

The House recedes with an amendment that would authorize 

a military judge to issue an investigative subpoena before referral 

of charges to a court-martial. 

Refusal of person not subject to UCMJ to appear, testify, or produce 

evidence (sec. 5229) 

The Senate bill contained a provision (sec. 5229) that would 

amend section 847 of title 10, United States Code, (Article 47, Uniform Code of Military Justice (UCMJ)) to provide that a person not 

subject to the UCMJ who fails to comply with military subpoenas 

issued under Article 46, UCMJ, is guilty of an offense against the 

United States. 

The House amendment contained no similar provision. 

The House recedes. 

Contempt (sec. 5230) 

The Senate bill contained a provision (sec. 5230) that would 

amend section 848 of title 10, United States Code, (Article 48, Uniform Code of Military Justice (UCMJ)) to authorize the contempt 

power for military judges and military magistrates detailed to prereferral proceedings under the proposed Article 30a. The provision 

would also clarify that judges on the United States Court of Appeals for the Armed Forces and the service courts of criminal appeals do not have to be detailed to cases or proceedings in order 

to exercise the contempt power under this article. The provision 

would clarify that the president (as opposed to the judge) of a court 

of inquiry is vested with the contempt power, and would provide 


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for appellate review of contempt punishments consistent with the 

review of other orders and judgments under the UCMJ. 

The House amendment contained a similar provision (sec. 

6608). 

The House recedes with an amendment that would exclude 

commissioned officers detailed as a summary court-martial from 

the officials authorized to punish a person for contempt. 

Depositions (sec. 5231) 

The Senate bill contained a provision (sec. 5231) that would 

amend section 849 of title 10, United States Code, (Article 49, Uniform Code of Military Justice (UCMJ)) to conform the UCMJ with 

the language and function of Federal Rule of Criminal Procedure 

15(a)(1), and to move the procedural aspects of Article 49 to Rules 

for Courts-Martial 702. The provision would clarify that a convening authority or a military judge may order depositions only if 

the requesting party demonstrates that, due to exceptional circumstances, it is in the interest of justice that the testimony of a 

prospective witness be preserved for use at a court-martial, military commission, court of inquiry, or other military court or board. 

The provision would clarify parties who may request a deposition, 

and require that, whenever practicable, depositions be taken before 

an impartial judge advocate. The provision would provide that: (1) 

representation of the parties with respect to a deposition shall be 

by counsel detailed in the same manner as trial counsel and defense counsel are detailed under Article 27; and (2) the accused 

shall have the right to be represented by civilian or military counsel in the same manner as such counsel are provided for in Article 

38(b). The provision would clarify situations in which depositions 

may be used in military proceedings with a more direct reference 

to the military rules of evidence. The provision would amend the 

section to provide that testimony by deposition may be presented 

in capital cases only by the defense. 

The House amendment contained an identical provision (sec. 

6609). 

The conference agreement includes this provision. 

Admissibility of sworn testimony by audiotape or videotape from 

records of courts of inquiry (sec. 5232) 

The Senate bill contained a provision (sec. 5232) that would 

amend section 850 of title 10, United States Code, (Article 50, Uniform Code of Military Justice (UCMJ)) to authorize sworn testimony from a court of inquiry to be played, in addition to read, into 

evidence in courts-martial and military commissions not established under section 948a, et seq., of title 10, United States Code, 

when it is otherwise admissible under the rules of evidence. 

The House amendment contained a similar provision (sec. 

6610). 

The House recedes. 

Conforming amendment relating to defense of lack of mental responsibility (sec. 5233) 

The Senate bill contained a provision (sec. 5233) that would 

amend section 850a of title 10, United States Code, (Article 50a, 


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Uniform Code of Military Justice (UCMJ)) to delete provisions pertaining to courts-martial without a military judge. 

The House amendment contained an identical provision (sec. 

6611). 

The conference agreement includes this provision. 

Voting and rulings (sec. 5234) 

The Senate bill contained a provision (sec. 5234) that would 

amend section 851 of title 10, United States Code, (Article 51, Uniform Code of Military Justice (UCMJ)) to delete references pertaining to courts-martial without a military judge. 

The House amendment contained an identical provision (sec. 

6612). 

The conference agreement includes this provision. 

Votes required for conviction, sentencing, and other matters (sec. 

5235) 

The Senate bill contained a provision (sec. 5235) that would 

amend section 852 of title 10, United States Code, (Article 52, Uniform Code of Military Justice (UCMJ)) to require concurrence of at 

least three-fourths of the members present, and to require concurrence of at least three-fourths of the members present on offenses 

in a case referred for trial as a capital case where there was not 

a unanimous finding of guilty. The provision would eliminate the 

language concerning tie votes on challenges, motions, and other 

questions, which is applicable only to special courts-martial without a military judge, and which would no longer be necessary given 

the provision in Article 16, UCMJ, that would eliminate these 

members-only courts-martial. 

The House amendment contained an identical provision (sec. 

6613). 

The conference agreement includes this provision. 

Findings and sentencing (sec. 5236) 

The Senate bill contained a provision (sec. 5236) that would 

amend section 853 of title 10, United States Code, (Article 53, Uniform Code of Military Justice (UCMJ)) to require sentencing by a 

military judge in all non-capital general and special courts-martial. 

The provision would require that, in cases where the accused may 

be sentenced to death, the members shall participate in the sentence determination. 

The House amendment contained no similar provision. 

The House recedes with an amendment to conform to the provision under Article 25, UCMJ, as amended in a separate provision 

in this Act, that would provide an accused the option to request 

sentencing by members. 

Plea agreements (sec. 5237) 

The Senate bill contained a provision (sec. 5237) that would 

amend chapter 47 of title 10, United States Code to add a new section 853a (Article 53a, Uniform Code of Military Justice (UCMJ)) 

that would authorize: (1) construction and negotiation of charge 

and sentence agreements; (2) military judges to determine whether 

to accept a proposed plea agreement; and (3) the operation of senVerDate Sep 11 2014 02:42 Dec 04, 2016 Jkt 022492 PO 00000 Frm 01563 Fmt 6601 Sfmt 6601 E:\HR\OC\HR840.XXX HR840

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tence agreements with respect to the military judge’s sentencing 

authority. The new Article 53a would provide that the military 

judge shall accept any lawful sentence agreement submitted by the 

parties, except that: (1) in the case of an offense with a sentencing 

parameter under Article 56, the military judge may reject the 

agreement only if it proposes a sentence that is both outside the 

sentencing parameter and plainly unreasonable; and (2) in the case 

of an offense without a sentencing parameter, the military judge 

may reject the agreement only if it proposes a sentence that is 

plainly unreasonable. 

The House amendment contained a similar provision (sec. 

6614) that did not include the authority for the military judge to 

reject a sentencing provision that the military judge determines is 

plainly unreasonable. 

The Senate recedes. 

Record of trial (sec. 5238) 

The Senate bill contained a provision (sec. 5238) that would 

amend section 854 of title 10, United States Code, (Article 54, Uniform Code of Military Justice (UCMJ)) to require certification of 

the record by a court reporter. The provision would require a complete record in any general or special court-martial if the sentence 

includes death, dismissal, discharge, or confinement or forfeitures 

of pay for more than 6 months. The provision would provide all victims who testify at a court-martial with access to records of trial. 

The House amendment contained a similar provision (sec. 

6615). 

The House recedes with a technical amendment. 

TITLE LVIII—SENTENCES

Sentencing (sec. 5301) 

The Senate bill contained a provision (sec. 5261) that would 

amend section 856 of title 10, United States Code, (Article 56, Uniform Code of Military Justice (UCMJ)) to replace the court-martial 

practice of ‘‘unitary’’ sentencing with ‘‘segmented’’ sentencing 

where, if confinement is adjudged for guilty findings, the amount 

of confinement for each guilty finding would be determined separately. The provision would also authorize segmented sentencing 

for fines. The provision would authorize sentencing parameters and 

criteria to provide guidance to military judges in determining an 

appropriate sentence and would authorize the United States to appeal a sentence to the Court of Criminal Appeals. The provision 

would incorporate Article 56a, authorizing a sentence of confinement for life without the eligibility of parole any time a life sentence is authorized, into Article 56, UCMJ, without substantive 

change. 

The House amendment contained a similar provision (sec. 

6701) that did not include sentencing parameters. 

The Senate recedes with an amendment to conform to the provision under Article 25, UCMJ, as amended in a separate provision 

in this Act, that would provide an accused the option to request 

sentencing by members. In cases in which the accused has elected 


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sentencing by members the court-martial will announce a single 

sentence for all the offenses for which an accused was found guilty. 

Effective date of sentences (sec. 5302) 

The Senate bill contained a provision (sec. 5262) that would 

amend section 857 of title 10, United States Code, (Article 57, Uniform Code of Military Justice (UCMJ)) to consolidate portions of 

Article 57 and 57a that govern deferment of sentences, and portions of Articles 57 and 71 that govern when sentences become effective into Article 57, as modified. The provision would make a 

conforming change to remove from Article 71 the authority for a 

convening authority to suspend a sentence under Article 71(d). The 

provision would strike Articles 57a and 71, because the authorities 

in those two Articles would be included in Article 57, as modified. 

The House amendment contained a similar provision (sec. 

6702). 

The Senate recedes with a technical amendment. 

Sentence of reduction in enlisted grade (sec. 5303) 

The Senate bill contained a provision (sec. 5263) that would 

amend section 858a of title 10, United States Code, (Article 58a, 

Uniform Code of Military Justice (UCMJ)) to authorize reduction of 

enlisted members to the grade of E–1 whenever the approved sentence of a court-martial includes a punitive discharge, confinement, 

or hard labor without confinement. 

The House amendment contained a similar provision (sec. 

6703). 

The Senate recedes. 

TITLE LIX—POST-TRIAL PROCEDURE AND REVIEW OF COURTSMARTIAL

Post-trial processing in general and special courts-martial (sec. 

5321) 

The Senate bill contained a provision (sec. 5281) that would 

amend section 860 of title 10, United States Code, (Article 60, Uniform Code of Military Justice (UCMJ)) to provide for the distribution of the trial results and to authorize post-trial motions to be 

filed with the military judge in general and special courts-martial. 

The House amendment contained an identical provision (sec. 

6801). 

The conference agreement includes this provision. 

Limited authority to act on sentence in specified post-trial circumstances (sec. 5322) 

The Senate bill contained a provision (sec. 5282) that would 

amend chapter 47 of title 10, United States Code, to add a new section 860a (Article 60a, Uniform Code of Military Justice (UCMJ)) 

to consolidate current limitations on the convening authority’s posttrial authority in most general and special courts-martial, subject 

to a narrowly limited suspension authority and a revised authority 

to adjust an adjudged sentence in cases where an accused provides 

substantial assistance in the investigation or prosecution of another person. 


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The provision would retain and clarify existing limitations on 

the convening authority’s post-trial actions in general and special 

courts-martial in which: (1) the maximum sentence of confinement 

for any offense is more than 2 years; (2) adjudged confinement exceeds 6 months; (3) the sentence includes dismissal or discharge; 

or (4) the accused is found guilty of designated sex-related offenses. 

Under current law, the convening authority in such cases is prohibited from modifying the findings of the court-martial, or reducing, 

commuting, or suspending a punishment of death, confinement of 

more than 6 months, or a punitive discharge. 

The provision would provide a limited suspension authority in 

specified circumstances. For the convening authority to exercise 

this authority, the military judge would be required to make a specific suspension recommendation in the Statement of Trial Results. 

The suspension authority would be limited to punishments of confinement in excess of 6 months and punitive discharges. The provision would retain, with clarifying amendments, the key features of 

current law with respect to the convening authority’s power to reduce the sentence of an accused who assists in the prosecution or 

investigation of another person. As amended, the provision would 

authorize the President to prescribe rules providing for a convening 

authority to exercise this power after entry of judgment. This provision would allow for the reduction of a sentence of an accused who 

provides substantial assistance in the prosecution of another person, even well after his own trial is over and appellate review is 

complete. 

The provision would allow the accused and a victim of the offense to submit matters to the convening authority for consideration. 

The provision would require the decision of the convening authority to be forwarded to the military judge. If the convening authority modified the sentence of the court-martial, the convening 

authority would be required to explain the reasons for the modification. An explanation for the convening authority’s decision would 

only be required when the convening authority modifies the sentence. No approval of the findings or sentence would be required. 

The decision of the convening authority would be forwarded to the 

military judge, who would incorporate any change in the sentence 

into the entry of judgment. In a case where the accused provides 

substantial assistance and a designated convening authority reduces the sentence of the accused after entry of judgment, the convening authority’s action would be forwarded to the chief trial 

judge, who would be responsible for ensuring appropriate modification of the entry of judgment. Because a modification might happen 

during or after the completion of appellate review, the modified 

entry of judgment would be forwarded to the Judge Advocate General for appropriate action. 

The House amendment contained a similar provision (sec. 

6802). 

The Senate recedes with a technical amendment. 


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Post-trial actions in summary courts-martial and certain general 

and special courts-martial (sec. 5323) 

The Senate bill contained a provision (sec. 5283) that would 

amend chapter 47 of title 10, United States Code, to add a new section 860b (Article 60b of the Uniform Code of Military Justice 

(UCMJ)) that would clarify the convening authority’s post-trial authorities and responsibilities with respect to the findings and sentence of summary courts-martial and a limited number of general 

and special courts-martial which, because of the offenses charged 

and the sentence adjudged, would not be covered under Article 60a, 

UCMJ. Consistent with existing law, the convening authority in 

such cases would be authorized to act on the findings and the sentence, and could order rehearings, subject to certain limitations. 

The procedural requirements under Article 60b, including consideration of matters submitted by the accused and victim, would be the 

same as provided in Article 60a. In summary courts-martial, the 

convening authority would be required to act on the sentence, and 

would have discretion to act on the findings, as under current law. 

The House amendment contained a similar provision (sec. 

6803). 

The House recedes. 

Entry of judgment (sec. 5324) 

The Senate bill contained a provision (sec. 5284) that would 

amend chapter 47 of title 10, United States Code, to create a new 

section 860c (Article 60c of the Uniform Code of Military Justice 

(UCMJ)) that would require the military judge to enter the judgment of the court-martial into the record in all general and special 

courts-martial, and would mark the conclusion of trial proceedings. 

The judgment would reflect the Statement of Trial Results, any action by the convening authority on the findings or sentence, and 

any post-trial rulings by the military judge. The judgment also 

would indicate the time when the accused’s case becomes eligible 

for direct appeal to a service court of criminal appeals under Article 66, or for review by the Judge Advocate General under Article 

65. This requirement for an entry of judgment is modeled after 

Federal Rules of Criminal Procedure 32(k). The findings and sentence of a summary court-martial, as modified by any post-trial action by the convening authority under Article 60b, would constitute 

the judgment of the court-martial. 

The House amendment contained a similar provision (sec. 

6804). 

The House recedes with a technical amendment. 

Waiver of right to appeal and withdrawal of appeal (sec. 5325) 

The Senate bill contained a provision (sec. 5285) that would 

amend section 861 of title 10, United States Code, (Article 61, Uniform Code of Military Justice (UCMJ)) to conform the section with 

proposed amendments to Articles 60, 65, and 69 concerning posttrial processing. 

The House amendment contained a similar provision (sec. 

6805). 

The Senate recedes. 


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Appeal by the United States (sec. 5326) 

The Senate bill contained a provision (sec. 5386) that would 

amend section 862 of title 10, United States Code, (Article 62, Uniform Code of Military Justice (UCMJ)) to authorize the government 

to appeal a decision when, upon defense motion, the military judge 

sets aside a panel’s finding of guilty because of legally insufficient 

evidence, except in cases where such an appeal would violate Article 44’s prohibitions on double jeopardy. The provision would align 

the rule of construction with the similar rule applicable to interlocutory appeals in federal civilian courts. The provision would 

amend Article 62 to conform to the proposed revisions to the review 

and appeal provisions under Articles 66 and 69. 

The House amendment contained a similar provision (sec. 

6806). 

The Senate recedes with a technical amendment. 

Rehearings (sec. 5327) 

The Senate bill contained a provision (sec. 5287) that would 

amend section 863 of title 10, United States Code, (Article 63, Uniform Code of Military Justice (UCMJ)) to remove the sentence limitation at a rehearing in cases in which an accused changes a plea 

from guilty to not guilty, or otherwise fails to comply with the 

terms of a pretrial agreement, or after a sentence is set aside based 

on a government appeal. 

The House amendment contained a similar provision (sec. 

6807). 

The Senate recedes. 

Judge advocate review of finding of guilty in summary court-martial (sec. 5328) 

The Senate bill contained a provision (sec. 5288) that would 

amend section 864 of title 10, United States Code, (Article 64, Uniform Code of Military Justice (UCMJ)) to apply only to the initial 

review of summary courts-martial. Article 65, UCMJ, as amended, 

would provide for review of general and special courts-martial that 

do not qualify for direct review by the service courts of criminal appeals. 

The House amendment contained a similar provision (sec. 

6808). 

The House recedes with a technical amendment. 

Transmittal and review of records (sec. 5329) 

The Senate bill contained a provision (sec. 5289) that would 

amend section 865 of title 10, United States Code, (Article 65, Uniform Code of Military Justice (UCMJ)) to require that the record 

of trial be forwarded to appellate defense counsel for review whenever the case is eligible for an appeal under Article 66, and to require a review by the Judge Advocate General of all general and 

special court-martial cases not eligible for direct appeal under Article 66. The provision would require the Judge Advocate General to 

forward cases to the Court of Criminal Appeals for mandatory review if the judgment includes a sentence of death. The provision 

would require a review of all general and special courts-martial 


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cases that are eligible for an appeal under Article 66, but where 

appeal has been waived, withdrawn, or not filed. 

The House amendment contained a similar provision (sec. 

6809) that did not include requirements regarding cases eligible for 

direct appeal. 

The Senate recedes with an amendment that would provide for 

an automatic appeal in all cases in which the adjudged sentence includes death, dismissal, dishonorable discharge, or bad-conduct discharge, or confinement for 2 years or more. 

Courts of Criminal Appeals (sec. 5330) 

The Senate bill contained a provision (sec. 5290) that would 

amend section 866 of title 10, United States Code, (Article 66, Uniform Code of Military Justice (UCMJ)) to establish an appeal as of 

right in non-capital cases under the UCMJ, similar to the federal 

civilian appellate courts, and expand the opportunity for direct review of courts-martial convictions by the service courts of criminal 

appeals. The provision would provide statutory standards for factual sufficiency review, sentence appropriateness review, and review of excessive post-trial delay. The provision would provide the 

courts of criminal appeals with express authority to order a hearing, rehearing or remand for further proceedings as may be necessary to address a substantial issue. 

The House amendment contained a similar provision (sec. 

6810). 

The Senate recedes with a clarifying amendment. The provision would establish appeal as of right in non-capital cases in 

which the sentence adjudged includes a confinement for more than 

six months and the case is not subject to automatic review. The 

provision would also provide for automatic review in cases in which 

the sentence adjudged includes death, dismissal, a dishonorable or 

bad-conduct discharge, or confinement for two years or more. The 

provision would also provide for consideration of appeal of a sentence by the United States. 

Review by Court of Appeals for the Armed Forces (sec. 5331) 

The Senate bill contained a provision (sec. 5291) that would 

amend section 867 of title 10, United States Code, (Article 67, Uniform Code of Military Justice (UCMJ)) to conform the section with 

proposed creation of an ‘‘entry of judgment’’ in Article 60c, UCMJ, 

and related amendments to Articles 60 and 66, UCMJ. The provision would require the Judge Advocate General to notify the other 

Judge Advocates General prior to certifying a case for review by 

the Court of Appeals for the Armed Forces. 

The House amendment contained a similar provision (sec. 

6811). 

The House recedes with a technical amendment. 

Supreme Court review (sec. 5332) 

The Senate bill contained a provision (sec. 5292) that would 

make a technical amendment to section 867a of title 10, United 

States Code, (Article 67a, Uniform Code of Military Justice 

(UCMJ)). 


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The House amendment contained an identical provision (sec. 

6812). 

The conference agreement includes this provision. 

Review by Judge Advocate General (sec. 5333) 

The Senate bill contained a provision (sec. 5293) that would 

amend section 869 of title 10, United States Code, (Article 69, Uniform Code of Military Justice (UCMJ)) to authorize an accused, 

after a decision is issued by the Office of the Judge Advocate General under Article 69, UCMJ, to apply for discretionary review by 

the Court of Criminal Appeals under Article 66, UCMJ. The Judge 

Advocates General would retain authority to certify cases for review by the appellate courts. 

The House amendment contained a similar provision (sec. 

6813). 

The Senate recedes with a technical amendment. 

Appellate defense counsel in death penalty cases (sec. 5334) 

The Senate bill contained a provision (sec. 5294) that would 

amend section 870 of title 10, United States Code, (Article 70, Uniform Code of Military Justice (UCMJ)) to require, to the greatest 

extent practicable, that in appeals of courts-martial in which the 

death penalty has been adjudged, at least one appellate defense 

counsel representing an accused must be learned in the law applicable to capital cases. 

The House amendment contained an identical provision (sec. 

6814). 

The conference agreement includes this provision. 

Authority for hearing on vacation of suspension of sentence to be 

conducted by qualified judge advocate (sec. 5335) 

The Senate bill contained a provision (sec. 5295) that would 

amend section 872 of title 10, United States Code, (Article 72, Uniform Code of Military Justice (UCMJ)) to authorize a special courtmartial convening authority to detail a judge advocate to conduct 

a hearing on the vacation of a suspended sentence. 

The House amendment contained an identical provision (sec. 

6815). 

The conference agreement includes this provision. 

Extension of time for petition for new trial (sec. 5336) 

The Senate bill contained a provision (sec. 5296) that would 

amend section 873 of title 10, United States Code, (Article 73, Uniform Code of Military Justice (UCMJ)) to extend the time to file a 

petition for a new trial from 2 years to 3 years. 

The House amendment contained an identical provision (sec. 

6816). 

The conference agreement includes this provision. 

Restoration (sec. 5337) 

The Senate bill contained a provision (sec. 5297) that would 

amend section 875 of title 10, United States Code, (Article 75, Uniform Code of Military Justice (UCMJ)) to require the President to 

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ing the period after a court-martial sentence is set aside or disapproved. 

The House amendment contained an identical provision (sec. 

6817). 

The conference agreement includes this provision. 

Leave requirements pending review of certain court-martial convictions (sec. 5338) 

The Senate bill contained a provision (sec. 5298) that would 

amend section 876a of title 10, United States Code, (Article 76a, 

Uniform Code of Military Justice (UCMJ)) to conform Article 76a 

with proposed changes in Article 60 and the proposed new Article 

60c, with no substantive changes. Article 76a currently authorizes 

the services, at their discretion, to place an accused on involuntarily leave if the accused has been sentenced to an unsuspended 

punitive discharge or dismissal that has been approved by the convening authority. 

The House amendment contained an identical provision (sec. 

6818). 

The conference agreement includes this provision. 

TITLE LX—PUNITIVE ARTICLES

Reorganization of punitive articles (sec. 5401) 

The Senate bill contained a provision (sec. 5301) that would 

transfer and redesignate certain articles of the Uniform Code of 

Military Justice within subchapter X of chapter 10 of title 10, 

United States Code. 

The House amendment contained an identical provision (sec. 

6901). 

The conference agreement includes this provision. 

Conviction of offense charged, lesser included offenses, and attempts 

(sec. 5402) 

The Senate bill contained a provision (sec. 5302) that would 

amend section 879 of title 10, United States Code, (Article 79, Uniform Code of Military Justice (UCMJ)) to authorize the President 

to designate an authoritative, but non-exhaustive, list of lesser included offenses for each punitive article of the UCMJ in addition 

to judicially-determined lesser included offenses. 

The House amendment contained a similar provision (sec. 

6902). 

The House recedes. 

Soliciting commission of offenses (sec. 5403) 

The Senate bill contained a provision (sec. 5303) that would 

amend section 882 of title 10, United States Code, (Article 82, Uniform Code of Military Justice (UCMJ)) to consolidate the general 

solicitation offense under Article 134, the general article, with specific solicitation offenses under Article 82. 

The House amendment contained an identical provision (sec. 

6903). 

The conference agreement includes this provision. 


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Malingering (sec. 5404) 

The Senate bill contained a provision (sec. 5304) that would 

add a new section 883 to chapter 47 of title 10, United States Code, 

(Article 83, Uniform Code of Military Justice (UCMJ)) to establish 

the offense of malingering. 

The House amendment contained an identical provision (sec. 

6904). 

The conference agreement includes this provision. 

Breach of medical quarantine (sec. 5405) 

The Senate bill contained a provision (sec. 5305) that would 

add a new section 884 to chapter 47 of title 10, United States Code, 

(Article 84, Uniform Code of Military Justice (UCMJ)) to establish 

the offense of breaking a medical quarantine. 

The House amendment contained an identical provision (sec. 

6905). 

The conference agreement includes this provision. 

Missing movement; jumping from vessel (sec. 5406) 

The Senate bill contained a provision (sec. 5306) that would 

amend section 887 of title 10, United States Code, (Article 87, Uniform Code of Military Justice (UCMJ)) to include the offense of 

jumping from a vessel into the water. 

The House amendment contained an identical provision (sec. 

6906). 

The conference agreement includes this provision. 

Offenses against correctional custody and restriction (sec. 5407) 

The Senate bill contained a provision (sec. 5307) that would 

add a new section 887b to chapter 47 of title 10, United States 

Code, (Article 87b, Uniform Code of Military Justice (UCMJ)) to establish the offense of violating various forms of custody and breaking restriction. 

The House amendment contained a similar provision (sec. 

6907). 

The House recedes. 

Disrespect toward superior commissioned officer; assault of superior 

commissioned officer (sec. 5408) 

The Senate bill contained a provision (sec. 5308) that would 

amend section 889 of title 10, United States Code, (Article 89, Uniform Code of Military Justice (UCMJ)) to include the offense of assaulting a superior commissioned officer. 

The House amendment contained an identical provision (sec. 

6908). 

The conference agreement includes this provision. 

Willfully disobeying superior commissioned officer (sec. 5409) 

The Senate bill contained a provision (sec. 5309) that would 

amend section 890 of title 10, United States Code, (Article 90, Uniform Code of Military Justice (UCMJ)) to remove the offense of assaulting a superior commissioned officer, which will be transferred 

to Article 89, UCMJ. 


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The House amendment contained an identical provision (sec. 

6909). 

The conference agreement includes this provision. 

Prohibited activities with military recruit or trainee by person in position of special trust (sec. 5410) 

The Senate bill contained a provision (sec. 5310) that would 

add a new section 893a to title 10, United States Code, (Article 

93a, Uniform Code of Military Justice (UCMJ)) that would provide 

specific accountability for sexual misconduct committed by recruiters and trainers during the various phases within the recruiting 

and basic military training environments. Because of the unique 

nature of military training and the initial training environments 

among the services, the statute would authorize the service secretaries to publish regulations designating the types of physical intimacy that would constitute ‘‘prohibited sexual activity’’ under the 

new article. Article 93a would apply to military recruiters and 

trainers who knowingly engage in prohibited sexual activity with 

prospective recruits or junior members of the Armed Forces in initial training environments. Consent would not be a defense to this 

offense. Article 93a would address specific conduct and would not 

supersede or preempt service regulations governing professional 

conduct by staff involved in recruiting, entry level training, or 

other follow-on training programs. The Secretary concerned may 

prescribe by regulation any additional initial career qualification 

training programs related to servicemembers that would be covered 

under this statute. 

The House amendment contained a similar provision (sec. 

6910). 

The Senate recedes. 

Offenses by sentinel or lookout (sec. 5411) 

The Senate bill contained a provision (sec. 5311) that would 

amend section 895 of title 10, United States Code, (Article 95, Uniform Code of Military Justice (UCMJ)) to include the offense of loitering by sentinels or lookouts. 

The House amendment contained a similar provision (sec. 

6911). 

The House recedes. 

Disrespect toward sentinel or lookout (sec. 5412) 

The Senate bill contained a provision (sec. 5312) that would 

add a new section 895a to chapter 47 of title 10, United States 

Code, (Article 95a, Uniform Code of Military Justice (UCMJ)) to establish the offense of disrespect toward sentinels or lookouts. 

The House amendment contained a similar provision (sec. 

6912). 

The House recedes. 

Release of prisoner without authority; drinking with prisoner (sec. 

5413) 

The Senate bill contained a provision (sec. 5313) that would 

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form Code of Military Justice (UCMJ)) to include the offense of 

drinking liquor with a prisoner. 

The House amendment contained an identical provision (sec. 

6913). 

The conference agreement includes this provision. 

Penalty for acting as a spy (sec. 5414) 

The Senate bill contained a provision (sec. 5314) that would 

amend section 903 of title 10, United States Code, (Article 103, 

Uniform Code of Military Justice (UCMJ)) to redesignate Article 

106, UCMJ, as Article 103, UCMJ, and replace the mandatory 

death penalty currently prescribed with a discretionary death penalty similar to that authorized under existing Article 106a, UCMJ, 

(Espionage) and for all other capital offenses under the Uniform 

Code of Military Justice. 

The House amendment contained a similar provision (sec. 

6914). 

The House recedes. 

Public records offenses (sec. 5415) 

The Senate bill contained a provision (sec. 5315) that would 

add a new section 904 to chapter 47 of title 10, United States Code, 

(Article 104, Uniform Code of Military Justice (UCMJ)) to establish 

the offense of altering, concealing, removing, mutilating, obliterating, or destroying a public record. 

The House amendment contained a similar provision (sec. 

6915). 

The House recedes. 

False or unauthorized pass offenses (sec. 5416) 

The Senate bill contained a provision (sec. 5316) that would 

add a new section 905a to chapter 47 of title 10, United States 

Code, (Article 105a, Uniform Code of Military Justice (UCMJ)) to 

establish false or unauthorized pass offenses. 

The House amendment contained a similar provision (sec. 

6916). 

The House recedes. 

Impersonation offenses (sec. 5417) 

The Senate bill contained a provision (sec. 5317) that would 

add a new section 906 to chapter 47 of title 10, United States Code, 

(Article 106, Uniform Code of Military Justice (UCMJ)) to establish 

the offense of impersonating a commissioned, warrant, noncommissioned or petty officer, or an agent or official, and conform the article to the definition of ‘‘officer’’ in section 101(1) of title 10, United 

States Code. 

The House amendment contained a similar provision (sec. 

6917). 

The House recedes. 

Insignia offenses (sec. 5418) 

The Senate bill contained a provision (sec. 5318) that would 

add a new section 906a to chapter 47 of title 10, United States 

Code, (Article 106a, Uniform Code of Military Justice (UCMJ)) to 


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establish the offense of wearing unauthorized insignia, decoration, 

badge, ribbon, device, or lapel button. 

The House amendment contained a similar provision (sec. 

6918). 

The House recedes. 

False official statements; false swearing (sec. 5419) 

The Senate bill contained a provision (sec. 5319) that would 

amend section 907 of title 10, United States Code, (Article 107, 

Uniform Code of Military Justice (UCMJ)) to include the offense of 

false swearing. 

The House amendment contained an identical provision (sec. 

6919). 

The conference agreement includes this provision. 

Parole violation (sec. 5420) 

The Senate bill contained a provision (sec. 5320) that would 

add a new section 907a to chapter 47 of title 10, United States 

Code, (Article 107a, Uniform Code of Military Justice (UCMJ)) to 

establish the offense of violating parole. 

The House amendment contained a similar provision (sec. 

6920). 

The House recedes. 

Wrongful taking, opening, etc. of mail matter (sec. 5421) 

The Senate bill contained a provision (sec. 5321) that would 

add a new section 909a to chapter 47 of title 10, United States 

Code, (Article 109a, Uniform Code of Military Justice (UCMJ)) to 

establish the offense of wrongfully taking, opening, secreting, destroying, or stealing mail. 

The House amendment contained an identical provision (sec. 

6921). 

The conference agreement includes this provision. 

Improper hazarding of vessel or aircraft (sec. 5422) 

The Senate bill contained a provision (sec. 5322) that would 

amend section 910, title 10, United States Code, (Article 110, Uniform Code of Military Justice (UCMJ)) to include the offense of improper hazarding of an aircraft. 

The House amendment contained an identical provision (sec. 

6922). 

The conference agreement includes this provision. 

Leaving scene of vehicle accident (sec. 5423) 

The Senate bill contained a provision (sec. 5323) that would 

add a new section 911 to chapter 47 of title 10, United States Code, 

(Article 111, Uniform Code of Military Justice (UCMJ)) to establish 

the offense of fleeing the scene of an accident. 

The House amendment contained a similar provision (sec. 

6923). 

The House recedes. 


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Drunkenness and other incapacitation offenses (sec. 5424) 

The Senate bill contained a provision (sec. 5324) that would 

amend section 912 of title 10, United States Code, (Article 112, 

Uniform Code of Military Justice (UCMJ)) to include the offense of 

incapacitation for duty from drunkenness or drug use and drunk 

prisoner. 

The House amendment contained an identical provision (sec. 

6924). 

The conference agreement includes this provision. 

Lower blood alcohol content limits for conviction of drunken or reckless operation of vehicle, aircraft, or vessel (sec. 5425) 

The Senate bill contained a provision (sec. 5325) that would 

amend section 913 of title 10, United States Code, (Article 113, 

Uniform Code of Military Justice (UCMJ)) to lower the blood alcohol standard for conviction of drunken or reckless operation of a vehicle, aircraft, or vessel from 0.10 grams to 0.08 grams of alcohol 

per 100 milliliters of blood, and to allow service secretaries to prescribe lower levels of blood alcohol to convict if such lower limits 

are based on scientific developments, as reflected in federal law of 

general applicability. 

The House amendment contained a similar provision (sec. 

6925). 

The House recedes. 

Endangerment offenses (sec. 5426) 

The Senate bill contained a provision (sec. 5326) that would 

amend section 914 of title 10, United States Code, (Article 114, 

Uniform Code of Military Justice (UCMJ)) to include the offense of 

reckless endangerment, discharge of firearm/endangering human 

life, and carrying of a concealed weapon. 

The House amendment contained an identical provision (sec. 

6926). 

The conference agreement includes this provision. 

Communicating threats (sec. 5427) 

The Senate bill contained a provision (sec. 5327) that would 

amend section 915 of title 10, United States Code, (Article 115, 

Uniform Code of Military Justice (UCMJ)) to include the offense of 

communicating a threat. 

The House amendment contained an identical provision (sec. 

6927). 

The conference agreement includes this provision. 

Technical amendment relating to murder (sec. 5428) 

The Senate bill contained a provision (sec. 5328) that would 

amend section 918 of title 10, United States Code, (Article 118, 

Uniform Code of Military Justice (UCMJ)) to strike the words ‘‘forcible sodomy’’ which has the effect of clarifying that forcible sodomy 

is included within the sexual offenses punishable under Article 

120, UCMJ. 

The House amendment contained an identical provision (sec. 

6928). 

The conference agreement includes this provision. 


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Child endangerment (sec. 5429) 

The Senate bill contained a provision (sec. 5329) that would 

add a new section 919b to chapter 47 of title 10, United States 

Code, (Article 119b, Uniform Code of Military Justice (UCMJ)) to 

establish the offense of child endangerment. 

The House amendment contained an identical provision (sec. 

6929). 

The conference agreement includes this provision. 

Rape and sexual assault offenses (sec. 5430) 

The Senate bill contained a provision (sec. 5330) that would 

amend section 920 of title 10, United States Code, (Article 120, 

Uniform Code of Military Justice (UCMJ)) to amend the definition 

of ‘‘sexual act’’ in both Article 120 (rape and sexual assault generally) and Article 120b (rape and sexual assault of a child) to conform to the definition of that term in federal criminal law in the 

civilian sector, under section 2246(2)(A)–(C) of title 18, United 

States Code. 

The House amendment contained no similar provision. 

The House recedes with an amendment that would remove the 

element of committing a sexual act upon another person by wrongfully using position, rank, or authority to coerce the acquiescence 

of the other person in the sexual act. The conferees note that this 

conduct is prohibited in section 893a of title 10, United States 

Code, (Article 93a, UCMJ), added elsewhere in this Act. 

Deposit of obscene matter in the mail (sec. 5431) 

The Senate bill contained a provision (sec. 5331) that would 

add a new section 920a to chapter 47 of title 10, United States 

Code, (Article 120a, Uniform Code of Military Justice (UCMJ)) to 

establish the offense of depositing, or causing to be deposited, obscene materials in the mails. 

The House amendment contained an identical provision (sec. 

6930). 

The conference agreement includes this provision. 

Fraudulent use of credit cards, debit cards, and other access devices 

(sec. 5432) 

The Senate bill contained a provision (sec. 5332) that would 

add a new section 921a to chapter 47 of title 10, United States 

Code, (Article 121a, Uniform Code of Military Justice (UCMJ)) to 

establish the offense of misuse of credit cards, debit cards, and 

other electronic payment technology, also known as ‘‘access devices.’’ 

The House amendment contained a similar provision (sec. 

6931). 

The House recedes. 

False pretenses to obtain services (sec. 5433) 

The Senate bill contained a provision (sec. 5333) that would 

add a new section 921b to chapter 47 of title 10, United States 

Code, (Article 121b, Uniform Code of Military Justice (UCMJ)) to 

establish the offense of obtaining services under false pretenses. 


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The House amendment contained a similar provision (sec. 

6932). 

The House recedes. 

Robbery (sec. 5434) 

The Senate bill contained a provision (sec. 5334) that would 

amend section 922 of title 10, United States Code, (Article 122, 

Uniform Code of Military Justice (UCMJ)) by removing the words 

‘‘with the intent to steal’’ from the section, eliminating the requirement to prove that the accused intended to permanently deprive 

the victim of his property. 

The House amendment contained an identical provision (sec. 

6933). 

The conference agreement includes this provision. 

Receiving stolen property (sec. 5435) 

The Senate bill contained a provision (sec. 5335) that would 

add a new section 922a to chapter 47 of title 10, United States 

Code, (Article 122a, Uniform Code of Military Justice (UCMJ)) to 

establish the offense of knowingly receiving, buying, or concealing 

stolen property. 

The House amendment contained a similar provision (sec. 

6934). 

The House recedes. 

Offenses concerning Government computers (sec. 5436) 

The Senate bill contained a provision (sec. 5336) that would 

add a new section 923 to chapter 47 of title 10, United States Code, 

(Article 123, Uniform Code of Military Justice (UCMJ)) to prohibit 

certain actions directed at U.S. Government computers and U.S. 

Government protected information. 

The House amendment contained a similar provision (sec. 

6935). 

The House recedes with a technical amendment. 

Bribery (sec. 5437) 

The Senate bill contained a provision (sec. 5337) that would 

add a new section 924a to chapter 47 of title 10, United States 

Code, (Article 124a, Uniform Code of Military Justice (UCMJ)) to 

establish the offense of bribery. 

The House amendment contained a similar provision (sec. 

6936). 

The House recedes. 

Graft (sec. 5438) 

The Senate bill contained a provision (sec. 5338) that would 

add a new section 924b to chapter 47 of title 10, United States 

Code, (Article 124b, Uniform Code of Military Justice (UCMJ)) to 

establish the offense of graft. 

The House amendment contained a similar provision (sec. 

6937). 

The House recedes. 


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Kidnapping (sec. 5439) 

The Senate bill contained a provision (sec. 5339) that would 

add a new section 925 to chapter 47 of title 10, United States Code, 

(Article 125, Uniform Code of Military Justice (UCMJ)) to establish 

the offense of kidnapping. 

The House amendment contained an identical provision (sec. 

6938). 

The conference agreement includes this provision. 

Arson; burning property with intent to defraud (sec. 5440) 

The Senate bill contained a provision (sec. 5340) that would 

amend section 926 of title 10, United States Code, (Article 126, 

Uniform Code of Military Justice (UCMJ)) to include the offense of 

burning with intent to defraud. 

The House amendment contained an identical provision (sec. 

6939). 

The conference agreement includes this provision. 

Assault (sec. 5441) 

The Senate bill contained a provision (sec. 5341) that would 

amend section 928 of title 10, United States Code, (Article 128, 

Uniform Code of Military Justice (UCMJ)) to prescribe a standard 

that focuses on the malicious intent of the accused rather than the 

‘‘likelihood’’ of the activity actually resulting in harm. The provision 

would also amend this section to include the offense of assault with 

intent to commit murder, voluntary manslaughter, rape, robbery, 

sodomy, arson, burglary, or housebreaking. 

The House amendment contained an identical provision (sec. 

6940). 

The conference agreement includes this provision. 

Burglary and unlawful entry (sec. 5442) 

The Senate bill contained a provision (sec. 5342) that would 

amend section 929 of title 10, United States Code, (Article 129, 

Uniform Code of Military Justice (UCMJ)) that would remove the 

‘‘private dwelling’’ and ‘‘nighttime’’ elements of the offense, and to 

establish the offense of unlawful entry. 

The House amendment contained a similar provision (sec. 

6941). 

The House recedes. 

Stalking (sec. 5443) 

The Senate bill contained a provision (sec. 5343) that would 

amend section 930 of title 10, United States Code, (Article 130, 

Uniform Code of Military Justice (UCMJ)) to establish the offenses 

of cyberstalking and threats to intimate partners. The provision 

would continue to address stalking activity involving a broad range 

of misconduct including, but not limited to, sex-related offenses. 

The redesignated stalking offense would not preempt service regulations that specify additional types of misconduct that may be 

punishable at court-martial, including under Article 92 (failure to 

obey order or regulation), nor would it preempt other forms of misconduct from being prosecuted under other appropriate Articles, 

such as under Article 134, the general article. These uniquely miliVerDate Sep 11 2014 02:42 Dec 04, 2016 Jkt 022492 PO 00000 Frm 01579 Fmt 6601 Sfmt 6601 E:\HR\OC\HR840.XXX HR840

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tary offenses are available to address similar misconduct that 

causes, for example, substantial emotional distress or targets professional reputation. 

The House amendment contained a similar provision (sec. 

6942). 

The House recedes with a technical amendment. 

Subornation of perjury (sec. 5444) 

The Senate bill contained a provision (sec. 5344) that would 

add a new section 931a to chapter 47 of title 10, United States 

Code, (Article 131a, Uniform Code of Military Justice (UCMJ)) to 

establish the offense of subornation of perjury. 

The House amendment contained an identical provision (sec. 

6943). 

The conference agreement includes this provision. 

Obstructing justice (sec. 5445) 

The Senate bill contained a provision (sec. 5345) that would 

add a new section 931b to chapter 47 of title 10, United States 

Code, (Article 131b, Uniform Code of Military Justice (UCMJ)) to 

establish the offense of obstructing justice. 

The House amendment contained a similar provision (sec. 

6944). 

The House recedes. 

Misprision of serious offense (sec. 5446) 

The Senate bill contained a provision (sec. 5346) that would 

add a new section 931c to chapter 47 of title 10, United States 

Code, (Article 131c, Uniform Code of Military Justice (UCMJ)) to 

establish the offense of misprision of serious offense. 

The House amendment contained a similar provision (sec. 

6945). 

The House recedes. 

Wrongful refusal to testify (sec. 5447) 

The Senate bill contained a provision (sec. 5347) that would 

add a new section 931d to chapter 47 of title 10, United States 

Code, (Article 131d, Uniform Code of Military Justice (UCMJ)) to 

establish the offense of wrongful refusal to testify. 

The House amendment contained a similar provision (sec. 

6946). 

The House recedes with a technical amendment. 

Prevention of authorized seizure of property (sec. 5448) 

The Senate bill contained a provision (sec. 5348) that would 

add a new section 931e to chapter 47 of title 10, United States 

Code, (Article 131e, Uniform Code of Military Justice (UCMJ)) to 

establish the offense of prevention of authorized seizure of property. 

The House amendment contained a similar provision (sec. 

6947). 

The House recedes. 


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Wrongful interference with adverse administrative proceeding (sec. 

5449) 

The Senate bill contained a provision (sec. 5349) that would 

add a new section 931g to chapter 47 of title 10, United States 

Code, (Article 131g, Uniform Code of Military Justice (UCMJ)) to 

establish the offense of wrongful interference with adverse administrative proceeding. The proceedings covered by this offense would 

include any administrative proceeding or action initiated against a 

servicemember that could lead to discharge, loss of special or incentive pay, administrative reduction in grade, loss of a security clearance, bar to reenlistment, or reclassification. 

The House amendment contained a similar provision (sec. 

6948). 

The House recedes. 

Retaliation (sec. 5450) 

The Senate bill contained a provision (sec. 5350) that would 

add a new section 932 to chapter 47 of title 10, United States Code, 

(Article 132, Uniform Code of Military Justice (UCMJ)) that would 

prohibit retaliation against witnesses, victims, or persons who report or plan to report a criminal offense to law enforcement or military authority or a protected communication to appropriate authority. Article 132 would not preempt service regulations that specify 

additional types of retaliatory conduct that may be punishable at 

court-martial under Article 92 (failure to obey order or regulation), 

nor would it preempt other forms of retaliatory conduct from being 

prosecuted under other appropriate Articles, such as Article 109 

(destruction of property), Article 93 (cruelty and maltreatment), Article 128 (Assault), Article 131b (obstructing justice), Article 130 

(stalking), or Article 134, the General article. 

The House amendment contained a similar provision (sec. 

6949). 

The House recedes. 

Extraterritorial application of certain offenses (sec. 5451) 

The Senate bill contained a provision (sec. 5351) that would 

amend section 934 of title 10, United States Code, (Article 134, 

Uniform Code of Military Justice (UCMJ)) to authorize prosecution 

under clause 3 of Article 134, UCMJ, of all non-capital federal 

crimes of general applicability, regardless of where the federal 

crime is committed. This change would make military practice uniform throughout the world and would align it with the Military 

Extraterritorial Jurisdiction Act, section 3261 of title 18, United 

States Code. 

The House amendment contained an identical provision (sec. 

6950). 

The conference agreement includes this provision. 

Table of sections (sec. 5452) 

The Senate bill contained a provision (sec. 5352) that would 

amend the table of sections at the beginning of subchapter X of 

chapter 47 of title 10, United States Code. 

The House amendment contained a similar provision (sec. 

6951). 


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The House recedes. 

TITLE LXI—MISCELLANEOUS PROVISIONS

Technical amendments relating to courts of inquiry (sec. 5501) 

The Senate bill contained a provision (sec. 5401) that would 

amend section 935 of title 10, United States Code, (Article 135, 

Uniform Code of Military Justice (UCMJ)) to provide individuals 

employed by the Department of Homeland Security, the department under which the Coast Guard operates, the right to be designated as parties in interest when they have a direct interest in 

the subject of a court of inquiry convened under Article 135. This 

change would align the rights of employees of the Department of 

Homeland Security with the rights of employees of the Department 

of Defense, ensuring consistent application of this statute for all 

military services. 

The House amendment contained a similar provision (sec. 

7001). 

The Senate recedes. 

Technical amendment to Article 136 (sec. 5502) 

The Senate bill contained a provision (sec. 5402) that would 

amend section 936 of title 10, United States Code, (Article 136, 

Uniform Code of Military Justice (UCMJ)) to remove, from the section heading, the authority to act as a notary which is not provided 

for in the text of the section. 

The House amendment contained a similar provision (sec. 

7002). 

The Senate recedes. 

Articles of Uniform Code of Military Justice to be explained to officers upon commissioning (sec. 5503) 

The Senate bill contained a provision (sec. 5403) that would 

amend section 937 of title 10, United States Code, (Article 137, 

Uniform Code of Military Justice (UCMJ)) to require that officers, 

in addition to enlisted personnel, receive training on the UCMJ 

upon entry to service, and periodically thereafter. The amendment 

would require specific military justice training for military commanders and convening authorities, and would require the Secretary of Defense to prescribe regulations for additional specialized 

training on the UCMJ for combatant commanders and commanders 

of combined commands. The provision would also require the Secretary of Defense to maintain an electronic version of the UCMJ 

and the Manual for Courts-Martial that would be updated periodically and made available on the Internet for review by 

servicemembers and the public. 

The House amendment contained a similar provision (sec. 

7003). 

The House recedes. 

Military justice case management; data collection and accessibility 

(sec. 5504) 

The Senate bill contained a provision (sec. 5404) that would 

add a new section 940a to title 10, United States Code, (Article 


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140a, Uniform Code of Military Justice (UCMJ)) that would require 

the Secretary of Defense to prescribe uniform standards and criteria for case processing and management, military justice data collection, production and distribution of records of trial, and access 

to case information. The purpose of this section is to enhance the 

management of military justice cases, to standardize the collection 

of data necessary for evaluation and analysis, and to provide appropriate public access to military justice information at all stages of 

court-martial proceedings. At a minimum, the system developed for 

implementation should permit timely and appropriate access to filings, objections, instructions, and judicial rulings at the trial and 

appellate level, and to actions at trial and in subsequent proceedings concerning the findings and sentences of courts-martial. 

The provision would require promulgation of standards by the 

Secretary of Defense not later than 2 years after enactment of this 

Act, with an effective date for such standards not later than 4 

years after enactment. 

The House amendment contained a similar provision (sec. 

7004). 

The Senate recedes with a technical amendment. 

TITLE LXII—MILITARY JUSTICE REVIEW PANEL AND ANNUAL

REPORTS

Military Justice Review Panel (sec. 5521) 

The Senate bill contained a provision (sec. 5421) that would 

amend section 946 of title 10, United States Code, (Article 146, 

Uniform Code of Military Justice (UCMJ)) and retitle the section 

as ‘‘Military Justice Review Panel.’’ The Military Justice Review 

Panel (Panel) would replace the Code Committee and would be an 

independent, blue ribbon panel of experts tasked to conduct a periodic review and assessment of the operation of the UCMJ on a regular basis, thereby enhancing the efficiency and effectiveness of the 

UCMJ and the Code’s implementing regulations. 

The House amendment contained a similar provision (sec. 

7101). 

The House recedes with an amendment that would require the 

Panel to gather and analyze sentencing data and submit a report 

to the Committees on Armed Services of the Senate and the House 

of Representatives not later than October 31, 2020, setting forth 

the Panel’s findings and recommendations on the need for sentencing reform. 

Annual reports (sec. 5522) 

The Senate bill contained a provision (sec. 5422) that would 

add a new section 946a to title 10, United States Code, (Article 

146a, Uniform Code of Military Justice (UCMJ)) that would retain 

the valuable informational aspects of the annual reports issued individually by the Court of Appeals for the Armed Forces, the Judge 

Advocates General, and the Staff Judge Advocate to the Commandant of the Marine Corps. 

The House amendment contained a similar provision (sec. 

7102). 

The House recedes with a technical amendment. 


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1542 

TITLE LXIII—CONFORMING AMENDMENTS AND EFFECTIVE DATES

Amendments to UCMJ subchapter tables of sections (sec. 5541) 

The Senate bill contained a provision (sec. 5441) that would 

make conforming amendments to the tables of sections for specified 

subchapters of chapter 47 of title 10, United Stated Code (the Uniform Code of Military Justice). 

The House amendment contained a similar provision (sec. 

7201). 

The House recedes with a technical amendment. 

Effective dates (sec. 5542) 

The Senate bill contained a provision (sec. 5442) that would require that the amendments made by this title shall take effect not 

later than the first day of the first calendar month that begins 2 

years after the date of enactment of this Act. 

The House amendment contained a similar provision (sec. 

7202). 

The House recedes. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Repeal of sentence reduction provision when interim guidance takes 

effect 

The Senate bill contained a provision (sec. 5264) that would 

sunset section 856a of title 10, United States Code, (Article 56a, 

Uniform Code of Military Justice (UCMJ)) after sentencing parameters and criteria were established under Article 56. 

The House amendment contained no similar provision. 

The Senate recedes. 

The conference agreement does not include a provision requiring interim guidance on sentencing parameters and criteria. 

Minimum confinement period required for conviction of certain sexrelated offenses committed by members of the Armed Forces 

The House amendment contained a provision (sec. 6701A) that 

would amend section 856 of title 10, United States Code (Article 

56, Uniform Code of Military Justice), to increase the minimum 

punishment for certain sex-related offenses from a dismissal or dishonorable discharge, to a dismissal or dishonorable discharge and 

confinement for two years. 

The Senate bill contained no similar provision. 

The House recedes. 

The conferees note that the military justice reforms included in 

this Act will retain the existing minimum sentences under Article 

56. 

From the Committee on Armed Services, for consideration 

of the Senate bill and the House amendment, and modifications committed to conference: 

MAC THORNBERRY, 

J. RANDY FORBES, 

JEFF MILLER of Florida, 

JOE WILSON of South Carolina, 

FRANK A. LOBIONDO, 


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1543 

MICHAEL R. TURNER, JOHN KLINE, MIKE ROGERS of Alabama, 

TRENT FRANKS of Arizona, 

K. MICHAEL CONAWAY, DOUG LAMBORN, ROBERT J. WITTMAN, CHRISTOPHER P. GIBSON, VICKY HARTZLER, JOSEPH J. HECK of Nevada, 

ELISE M. STEFANIK, ADAM SMITH of Washington, 

LORETTA SANCHEZ, 

SUSAN A. DAVIS of California, 

JAMES R. LANGEVIN, 

RICK LARSEN of Washington, 

JIM COOPER, 

MADELEINE Z. BORDALLO, JOE COURTNEY, 

NIKI TSONGAS, 

JOHN GARAMENDI, HENRY C. ‘‘HANK’’ JOHNSON, Jr., 

JACKIE SPEIER, SCOTT H. PETERS, From the Permanent Select Committee on Intelligence, for 

consideration of matters within the jurisdiction of that 

committee under clause 11 of rule X: 

DEVIN NUNES, MIKE POMPEO, 

From the Committee on Education and the Workforce, for 

consideration of secs. 571–74 and 578 of the Senate bill, 

and secs. 571, 573, 1098E, and 3512 of the House amendment, and modifications committee to conference: 

TIM WALBERG, 

BRETT GUTHRIE, ROBERT C. ‘‘BOBBY’’ SCOTT, From the Committee on Energy and Commerce, for consideration of secs. 3112 and 3123 of the Senate bill, and secs. 

346, 601, 749, 1045, 1090, 1095, 1673, 3119A and 3119C 

of the House amendment, and modifications committee to 

conference: 

ROBERT E. LATTA, 

BILL JOHNSON of Ohio, 

From the Committee on Foreign Affairs, for consideration 

of secs. 828, 1006, 1007, 1050, 1056, 1089, 1204, 1211, 

1221–23, 1231, 1232, 1242, 1243, 1247, 1252, 1253, 1255– 

58, 1260, 1263, 1264, 1271–73, 1276, 1283, 1301, 1302, 

1531–33, and 1662 of the Senate bill, and secs 926, 1011, 

1013, 1083, 1084, 1098K, 1099B, 1099C, 1201, 1203, 1214, 

1221–23, 1227, 1229, 1233, 1235, 1236, 1245, 1246, 1250, 

1259A–59E, 1259J, 1259L, 1259P, 1259Q, 1259U, 1261, 

1262, 1301–03, 1510, 1531–33, 1645, 1653, and 2804 of the 

House amendment, and modifications committed to conference: 


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1544 

EDWARD R. ROYCE, LEE M. ZELDIN, From the Committee on Homeland Security, for consideration of secs. 564 and 1091 of the Senate bill, and secs. 

1097, 1869, 1869A, and 3510 of the House amendment, 

and modifications committee to conference: 

MICHAEL T. MCCAUL, DANIEL M. DONOVAN, Jr., 

BENNIE G. THOMPSON, From the Committee on the Judiciary, for consideration of 

secs. 829J, 829K, 944, 963, 1006, 1023–25, 1053, 1093, 

1283, 3303, and 3304 of the Senate bill, and secs. 598, 

1090, 1098H, 1216, 1261, and 3608 of the House amendment, and modifications committee to conference: 

BOB GOODLATTE, 

DARRELL E. ISSA, 

From the Committee on Natural Resources, for consideration of secs. 601, 2825, subtitle D of title XXVIII, and sec. 

2852 of the Senate bill, and secs. 312, 601, 1090, 1098H, 

2837, 2839, 2839A, subtitle E of title XXVIII, secs. 2852, 

2854, 2855, 2864–66, title XXX, secs. 3508, 7005, and title 

LXXIII of the House amendment, and modifications committee to conference: 

PAUL COOK, CRESENT HARDY, From the Committee on Oversight and Government Reform, for consideration of secs. 339, 703, 819, 821, 829H, 

829I, 861, 944, 1048, 1054, 1097, 1103–07, 1109–13, 1121, 

1124, 1131–33, 1135, and 1136 of the Senate bill, and secs. 

574, 603, 807, 821, 1048, 1088, 1095, 1098L, 1101, 1102, 

1104–06, 1108–11, 1113, 1259C, and 1631 of the House 

amendment, and modifications committee to conference: 

JASON CHAFFETZ, STEVE RUSSELL, 

From the Committee on Science, Space, and Technology, 

for consideration of sec. 874 of the Senate bill and secs. 

1605, 1673, and title XXXIII of the House amendment, and 

modifications committed to conference: 

EDDIE BERNICE JOHNSON of 

Texas, 

From the Committee on Small Business, for consideration 

of secs. 818, 838, 874, and 898 of the Senate bill, and title 

XVIII of the House amendment, and modifications committed to conference: 

STEVE CHABOT, 

STEPHEN KNIGHT, 

From the Committee on Transportation and Infrastructure, for consideration of secs. 541, 562, 601, 961, 3302–07, 

3501, and 3502 of the Senate bill, and secs. 343, 601, 731, 

835, 1043, 1671, 3119C, 3501, 3504, 3509, 3512, and title 

XXXVI of the House amendment, and modifications committed to conference: 

DUNCAN HUNTER, 

DAVID ROUZER, 


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1545 

SEAN PATRICK MALONEY of New 

York, 

From the Committee on Veterans’ Affairs, for consideration of secs. 706, 755, and 1431 of the Senate bill, and 

secs. 741, 1421, and 1864 of the House amendment, and 

modifications committed to conference: 

DAVID P. ROE of Tennessee, 

MIKE BOST, From the Committee on Ways and Means, for consideration of sec. 1271 of the Senate bill, and modifications 

committed to conference: 

KEVIN BRADY of Texas, 

DAVID G. REICHERT, 

Managers on the Part of the House. 

JOHN MCCAIN, 

JAMES M. INHOFE, 

JEFF SESSIONS, 

ROGER F. WICKER, 

KELLY AYOTTE, 

DEB FISCHER, 

TOM COTTON, 

MIKE ROUNDS, 

JONI ERNST, 

THOM TILLIS, 

DAN SULLIVAN, 

LINDSEY GRAHAM, 

TED CRUZ, 

JACK REED, 

BILL NELSON, 

CLAIRE MCCASKILL, 

JOE MANCHIN III, 

JEANNE SHAHEEN, 

RICHARD BLUMENTHAL, 

JOE DONNELLY, 

MAZIE K. HIRONO, 

TIM KAINE, 

ANGUS S. KING, Jr., 

MARTIN HEINRICH, 

Managers on the Part of the Senate. 

Æ 


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