PUBLIC LAW 114–328—DEC. 23, 2016 

NATIONAL DEFENSE AUTHORIZATION ACT 

FOR FISCAL YEAR 2017 


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130 STAT. 2000 PUBLIC LAW 114–328—DEC. 23, 2016 

Public Law 114–328 

114th Congress 

An Act 

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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘National Defense Authorization 

Act for Fiscal Year 2017’’. 

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. 

(a) DIVISIONS.—This Act is organized into five divisions as 

follows: 

(1) Division A—Department of Defense Authorizations. 

(2) Division B—Military Construction Authorizations. 

(3) Division C—Department of Energy National Security 

Authorizations 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: 

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. 

National Defense 

Authorization 

Act for Fiscal 

Year 2017. 

Dec. 23, 2016 

[S. 2943] 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2001 

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. 

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. 


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130 STAT. 2002 PUBLIC LAW 114–328—DEC. 23, 2016 

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. 

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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2003 

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. 

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. 


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130 STAT. 2004 PUBLIC LAW 114–328—DEC. 23, 2016 

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. 

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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2005 

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. 

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. 


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130 STAT. 2006 PUBLIC LAW 114–328—DEC. 23, 2016 

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. 

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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2007 

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. 

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. 


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130 STAT. 2008 PUBLIC LAW 114–328—DEC. 23, 2016 

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. 

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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2009 

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. 

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. 


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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. 

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. 

Sec. 1067. Congressional notification of biological select agent and toxin theft, loss, 

or release involving the Department of Defense. 


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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. 

Sec. 1122. Codification and modification of certain authorities for certain positions 

at Department of Defense research and engineering laboratories. 


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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. 

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. 


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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. 

Sec. 1283. Authority to destroy certain specified World War II-era United Statesorigin 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. 


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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. 

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. 


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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. 

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. 


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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. 

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. 


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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. 

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. 


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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. 

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. 


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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. 

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. 


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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. 

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. 


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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. 

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. 


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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. 

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. 


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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. 

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. 


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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. 

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. 

10 USC 101 note. 


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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. 

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 


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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 obligation 

of the United States to make a payment under the contract for 

a fiscal year after fiscal year 2017 is subject to the availability 

of appropriations for that purpose for such later fiscal year. 

SEC. 113. 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 


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130 STAT. 2028 PUBLIC LAW 114–328—DEC. 23, 2016 

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). 

(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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2029 

(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 

(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 

10 USC 7301. 


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130 STAT. 2030 PUBLIC LAW 114–328—DEC. 23, 2016 

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. 

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; 

10 USC 7301 

note. 

10 USC 7291 

prec. 


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(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 followon 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. 

(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 PACKAGE

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 


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130 STAT. 2032 PUBLIC LAW 114–328—DEC. 23, 2016 

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

STRATEGY.— 

(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. 

(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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2033 

(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; 

(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 


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130 STAT. 2034 PUBLIC LAW 114–328—DEC. 23, 2016 

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 

Code, with respect to the Advanced Arresting Gear Program, 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 


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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. 

(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 


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130 STAT. 2036 PUBLIC LAW 114–328—DEC. 23, 2016 

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 

committees 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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2037 

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 

(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 


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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— 

(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 


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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. 

(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). 


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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.— 

(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. 

10 USC 2430 

note. 


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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 

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 selfdestruct. 


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130 STAT. 2042 PUBLIC LAW 114–328—DEC. 23, 2016 

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, regarding 

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; 


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(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: 

(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. 


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(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— 

(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. 


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(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. 

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. 


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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— 

(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; 

10 USC 2358 

note. 


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(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 laboratory and who may, in exercising such 

authorities, request administrative support from science and technology reinvention laboratories to review, research, and adjudicate 

personnel demonstration project proposals)’’. 

(f) SCIENCE AND TECHNOLOGY REINVENTION LABORATORY

DEFINED.—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 

than 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 INFRASTRUCTURE PROJECTS.—Subsection (b)(4) of such section is amended by 

adding at the end the following new subparagraph: 


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‘‘(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: 

‘‘(f) COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS.— 

(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 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 AGREEMENTS.—(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: 


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‘‘§ 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. 

‘‘(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; 


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‘‘(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. 

‘‘(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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2051 

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. 

(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

RESEARCH PROGRAMS AND ACTIVITIES OF THE DEPARTMENT OF

DEFENSE SCIENCE AND TECHNOLOGY REINVENTION LABORATORIES.— 

(1) IN GENERAL.—Chapter 137 of title 10, United States 

Code, as amended by section 821(a), is further amended by 

adding at the end the following new section: 

‘‘§ 2339. 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, as amended by section 821b, is 

further amended by adding at the end the following new item: 

‘‘2339. 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— 

10 USC 2301 

prec. 

10 USC 2339. 


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(1) in subsection (a)— 

(A) by striking ‘‘For purposes’’ and inserting ‘‘(1) Except 

as provided in sections 2338 and 2339 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 micro-purchase 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 biological select agent and toxin biosafety program of the 

Department 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. 

50 USC 1527 

note. 


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(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 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. 

10 USC 2431 

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(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 

private 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. 


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(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 

(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. 

10 USC 3013 

note. 


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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: 

(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 endusers 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— 


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(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). 

(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 


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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; 

(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. 


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(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. 

(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 

10 USC 2302 

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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. 

(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 


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(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 commercially 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 

10 USC 2358 

note. 

10 USC 2223 

note. 


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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 

(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 


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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. 

(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 


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130 STAT. 2064 PUBLIC LAW 114–328—DEC. 23, 2016 

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. 

(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. 

10 USC 2367 

note. 

10 USC 113 note. 


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(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 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. 


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130 STAT. 2066 PUBLIC LAW 114–328—DEC. 23, 2016 

(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. 

(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 

10 USC 2358 

note. 


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(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, 

maintenance, and other measures carried out by the Department 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. 


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(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. 

(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. 


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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. 

(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 


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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. 

(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— 


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(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: 

(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. 


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130 STAT. 2072 PUBLIC LAW 114–328—DEC. 23, 2016 

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. 

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); 


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(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). 

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. 

10 USC 4681 

note prec. 

10 USC 2302 

note. 

42 USC 17142 

note. 


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130 STAT. 2074 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 missionappropriate for military installations. 

(C) A comprehensive implementation strategy to 

include required investment for feasible energy efficiency 

options determined to be the most beneficial and costeffective, 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. 

(3) COORDINATION WITH STATE AND LOCAL AND OTHER ENTITIES.—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: 


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‘‘§ 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; 

‘‘(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 

10 USC 2228 

note. 

10 USC 10101 

prec. 

10 USC 10102a. 


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130 STAT. 2076 PUBLIC LAW 114–328—DEC. 23, 2016 

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 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. 

10 USC 4551 

note. 


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(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. 

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. 


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(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 

arsenals, 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 calendaryear 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.’’. 


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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 

(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 


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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— 

‘‘(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 READI- NESS.—The term ‘adverse impact on military operations and 

readiness’ has the meaning given the term in section 211.3 


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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 

‘‘(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. 

49 USC 44701 

prec. 


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‘‘(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 

‘‘(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— 

10 USC 2701 

note. 

10 USC 2381 

prec. 

10 USC 2410r. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2083 

(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. 

(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. 


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130 STAT. 2084 PUBLIC LAW 114–328—DEC. 23, 2016 

(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. 

(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. 

10 USC 2576a 

note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2085 

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 MILITARY 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 

(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— 

10 USC 113 note. 

10 USC 2821 

note. 


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(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 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 

10 USC 1030 

note prec. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2087 

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; 

(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. 


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130 STAT. 2088 PUBLIC LAW 114–328—DEC. 23, 2016 

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 

(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 


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(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 spaceavailable 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; 

(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. 

10 USC 2641b 

note. 


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(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 

(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’’. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2091 

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. 

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 


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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. 

(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: 


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(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. 

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. 


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130 STAT. 2094 PUBLIC LAW 114–328—DEC. 23, 2016 

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. 

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. 


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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. 

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. 


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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 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. 

10 USC 525 note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2097 

(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), 

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; 


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(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 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. 


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(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. 

(3) NOTICE TO CONGRESS ON DETACHMENT OF COVERED OFFICERS.—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 NOMINATIONS.— 

(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; 


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(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. 

‘‘(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. 

10 USC 526a. 


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‘‘(d) TEMPORARY EXCLUSION FOR ASSIGNMENT TO CERTAIN TEM- PORARY 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 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 


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‘‘(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 

applicable 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). 

10 USC 201 prec. 

10 USC 151 prec. 

10 USC 521 prec. 


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(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. 

(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: 

10 USC 3031 

prec. 

10 USC 741 prec. 

10 USC 711 prec. 

10 USC 711 prec. 


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130 STAT. 2104 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘§ 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 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. 

10 USC 3531 

prec. 

10 USC 3061 

prec. 

10 USC 3061 

prec. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2105 

(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 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 USC 5131 

prec. 

10 USC 5131 

prec. 


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130 STAT. 2106 PUBLIC LAW 114–328—DEC. 23, 2016 

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 

(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 ‘‘POSITIONS 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— 

10 USC 8531 

prec. 

10 USC 8061 

prec. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2107 

(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’’. 

(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 

10 USC 637a. 


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130 STAT. 2108 PUBLIC LAW 114–328—DEC. 23, 2016 

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: 

‘‘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 

10 USC 637 prec. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2109 

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 

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 

10 USC 503 note. 


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130 STAT. 2110 PUBLIC LAW 114–328—DEC. 23, 2016 

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. 

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— 


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(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)’’. 

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’’. 


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130 STAT. 2112 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 SPE- CIALITY.—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’’. 

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(b) of title 5, 

United States Code, is amended by striking paragraph (5). 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2113 

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’’. 

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 


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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. 

‘‘(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 


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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: 

‘‘§ 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

AUTHORITY 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 

10 USC 709a. 

10 USC 701 prec. 

10 USC 704a. 


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‘‘(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 TESTAMENTARY 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— 

‘‘(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

CIVILIANS 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,’’. 

10 USC 701 prec. 


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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 organization within the Department of the Army 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. 

(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.— 

10 USC 3013 

note. 

10 USC 1210 

note. 


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(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. 

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. 


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‘‘(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)’’. 

(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; 


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‘‘(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 INVESTIGA- TIONS 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. 

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 

10 USC 1034 

note. 


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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 

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 

10 USC 1034 

note. 


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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 

board under this section, no matter when filed, shall be reconsidered 

by a board under this section if supported by materials not previously 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 

10 USC 1552 

note. 


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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 

to the implementation of training requirements for members 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 


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130 STAT. 2124 PUBLIC LAW 114–328—DEC. 23, 2016 

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. 

(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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2125 

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

RESTORE 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 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 

10 USC 942 note. 

10 USC 942 note. 


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130 STAT. 2126 PUBLIC LAW 114–328—DEC. 23, 2016 

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 courtsmartial under a program carried out pursuant to subsection (a). 

(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. 

10 USC 827 note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2127 

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. 

‘‘(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.’’. 

10 USC 1561 

note. 


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130 STAT. 2128 PUBLIC LAW 114–328—DEC. 23, 2016 

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. 

(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 

10 USC 1561 

note. 

10 USC 1561 

note. 

10 USC 1561 

note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2129 

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. 

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 departmentwide 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 antihazing 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 

10 USC 113 note. 

10 USC 1561 

note. 


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130 STAT. 2130 PUBLIC LAW 114–328—DEC. 23, 2016 

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; 

(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 forprofit 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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2131 

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. 

(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 


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130 STAT. 2132 PUBLIC LAW 114–328—DEC. 23, 2016 

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. 

(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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2133 

(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 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 


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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. 

(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— 


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(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: 

(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. 


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(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 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 


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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. 

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 nationallyrecognized 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.’’. 


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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: 

‘‘(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 

10 USC 1144 

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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 APPOINT- MENTS.—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. 

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 

10 USC 4342 

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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 

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 

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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. 

(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. 

50 USC 3938a. 

20 USC 7703b 

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(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.— 

(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): 

10 USC 1787 

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‘‘(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 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 camp-like 

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 post-traumatic 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). 

10 USC 1781 

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(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. 

(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). 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2145 

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). 

(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

REQUIREMENT.— 

(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 

20 USC 7703 

note. 

20 USC 7703 

note. 

20 USC 7703 

note. 


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130 STAT. 2146 PUBLIC LAW 114–328—DEC. 23, 2016 

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 perpupil 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 per-pupil 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— 

(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)— 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2147 

(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; 

‘‘(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 


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130 STAT. 2148 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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 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. 

20 USC 7703 

note. 

20 USC 7703 

note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2149 

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 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 


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130 STAT. 2150 PUBLIC LAW 114–328—DEC. 23, 2016 

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, 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) 


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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. 

(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). 

10 USC 3741 

note. 


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130 STAT. 2152 PUBLIC LAW 114–328—DEC. 23, 2016 

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 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. 

10 USC 9331 

prec. 


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(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 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. 


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(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. 

(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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2155 

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. 

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. 

37 USC 1009 

note. 


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130 STAT. 2156 PUBLIC LAW 114–328—DEC. 23, 2016 

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. 

(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 

37 USC 203 note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2157 

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 

single-salary 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. 

(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’’: 


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130 STAT. 2158 PUBLIC LAW 114–328—DEC. 23, 2016 

(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. 

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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2159 

(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: 

‘‘(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. 


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130 STAT. 2160 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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’’. 

(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’’; 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2161 

(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-bycase basis, a higher reimbursement amount for a member under 

subsection (a) when the member— 

‘‘(A) resides— 

‘‘(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.’’. 

26 USC 112. 


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130 STAT. 2162 PUBLIC LAW 114–328—DEC. 23, 2016 

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. 

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. 

5 USC 8432 note. 

10 USC 1409 

note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2163 

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. 

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)’’. 

37 USC 356 note. 

37 USC 301 prec. 


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130 STAT. 2164 PUBLIC LAW 114–328—DEC. 23, 2016 

(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)— 

(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’’. 

10 USC 1408 

note. 

10 USC 1413a 

note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2165 

(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. 

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): 

10 USC 1448 

note. 


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130 STAT. 2166 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(2) DEDUCTION FROM COMBAT-RELATED SPECIAL COMPENSA- TION 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— 

(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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2167 

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,’’; 

(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)— 

37 USC 437 note. 

37 USC 401 prec. 


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130 STAT. 2168 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 

commercially 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 

37 USC 301 prec. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2169 

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.’’. 

(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.’’. 


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130 STAT. 2170 PUBLIC LAW 114–328—DEC. 23, 2016 

(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. 

‘‘(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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2171 

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 

‘‘(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 


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130 STAT. 2172 PUBLIC LAW 114–328—DEC. 23, 2016 

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

SYSTEM’’.—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 NONAPPROPRIATED 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. 

(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. 

10 USC 2485 

note. 

10 USC 2484 

note. 


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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’’. 

(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’’. 


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130 STAT. 2174 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 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 

10 USC 4837 

note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2175 

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 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— 


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130 STAT. 2176 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 

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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2177 

(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 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 


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130 STAT. 2178 PUBLIC LAW 114–328—DEC. 23, 2016 

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 

requiring 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. 

37 USC 474 note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2179 

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. 

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. 


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130 STAT. 2180 PUBLIC LAW 114–328—DEC. 23, 2016 

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. 

‘‘(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). 

10 USC 1075. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2181 

‘‘(2)(A) Except as provided by subsection (e), with respect 

to beneficiaries described in subparagraph (B) in the activeduty family member category or the retired category, the costsharing 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 

ER visit civilian 

network 

$40 network $80 network 

20% out of network 25% out of network 

Urgent care civilian network $20 network $40 network 


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130 STAT. 2182 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘TRICARE Select 

Active-Duty Family 

Member 

(Individual/Family) 

Retired 

(Individual/Family) 

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 CERTAIN 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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2183 

who are enrolled in TRICARE Select (other than such beneficiaries 

covered by paragraph (3)). 

‘‘(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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130 STAT. 2184 PUBLIC LAW 114–328—DEC. 23, 2016 

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 

10 USC 1075a. 

10 USC 1071 

prec. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2185 

‘‘TRICARE Prime 

Active-Duty Family 

Member 

(Individual/Family) 

Retired 

(Individual/Family) 

Annual catastrophic cap $1,000 $3,500 

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 pointof-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 10 USC 1071 

prec. 


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130 STAT. 2186 PUBLIC LAW 114–328—DEC. 23, 2016 

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: 

‘‘§ 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, 

10 USC 1099 

note. 

10 USC 1099 

note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2187 

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 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; 

10 USC 1073 

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130 STAT. 2188 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 

(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; 

10 USC 1073 

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(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 

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 METHODOLOGY.— 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

ASSESSMENT.— 

(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; 


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130 STAT. 2190 PUBLIC LAW 114–328—DEC. 23, 2016 

(II) improvement of quality measures; 

(III) improvement of health outcomes; 

(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. 

10 USC 1073 

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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 

‘‘(B) health benefits contracted for under the authority 

of section 1079(a) of this title and subject to the same 


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130 STAT. 2192 PUBLIC LAW 114–328—DEC. 23, 2016 

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— 

(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’’; 

10 USC 1071 

prec. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2193 

(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 

‘‘(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. 

10 USC 1073c. 

10 USC 1072 

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‘‘(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. 

‘‘(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. 


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‘‘(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 activeduty list of the Navy in any corps of the Navy Medical Department. 

‘‘(b) DUTIES.—(1) The Surgeon General serves as the Chief 

of the Bureau of Medicine and Surgery and serves as the principal 

advisor 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.’’. 

10 USC 1071 

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(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). 

(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 

10 USC 1073c 

note. 

10 USC 8031 

prec. 

10 USC 5131 

prec. 


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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). 

‘‘(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. 

10 USC 1073d. 


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‘‘(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 

(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. 

10 USC 1073d 

note. 

10 USC 1073d 

note. 

10 USC 1071 

prec. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2199 

(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; 

(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 


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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. 

‘‘(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 

10 USC 1077a. 

10 USC 1073d 

note. 


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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.— 

(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— 

10 USC 1073a 

note. 

10 USC 1077a 

note. 

10 USC 1071 

prec. 


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130 STAT. 2202 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 Defense 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.— 


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(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 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. 


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(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 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.— 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2205 

(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; 

(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. 


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(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 

(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 MILITARYCIVILIAN INTEGRATED HEALTH DELIVERY SYSTEMS. 

(a) IN GENERAL.—Not later than January 1, 2018, the Secretary 

of Defense shall establish military-civilian integrated health 

10 USC 1096 

note. 


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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; 

(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, 


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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 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 708 into clinical practice. 

10 USC 1071 

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(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). 

(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 

10 USC 1071 

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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. 

(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 


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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 

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: 

10 USC 1071 

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(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: 

(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 

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(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 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.’’. 

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(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. 

(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). 

10 USC 1071 

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(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— 

(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. 

10 USC 1076d 

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(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 

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.— 


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(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.— 

(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 


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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 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 


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(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. 

(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. 


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130 STAT. 2220 PUBLIC LAW 114–328—DEC. 23, 2016 

(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)— 

(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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2221 

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; 

‘‘(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 

10 USC 1077 

note. 


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130 STAT. 2222 PUBLIC LAW 114–328—DEC. 23, 2016 

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— 

‘‘(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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2223 

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, 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— 

10 USC 1071 

note. 

5 USC 8951 note. 


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130 STAT. 2224 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 

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 

10 USC 1071 

note. 


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(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. 

(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 


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130 STAT. 2226 PUBLIC LAW 114–328—DEC. 23, 2016 

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 

health care services in the direct care and purchased 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.— 

10 USC 1074g 

note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2227 

(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: 

(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 

10 USC 977. 


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‘‘(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).’’. 

(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— 

14 USC 520. 

10 USC 977 note. 

10 USC 971 prec. 


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‘‘(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; 

‘‘(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). 

10 USC 1085 

note. 

10 USC 461 prec. 


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130 STAT. 2230 PUBLIC LAW 114–328—DEC. 23, 2016 

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 

(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— 

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(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 

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; 

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(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). 

(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). 

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(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. 

(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: 

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(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 

(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 

cost-share 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. 

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(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 

exercise 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 

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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 measures 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. 

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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. 

(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; 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. 

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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. 

(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 

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(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. 

(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 

four-hour 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 

four-hour 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. 

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(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. 

(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. 

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(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 the Health Related Behavior Survey of Active Duty Military 

Personnel 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 


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130 STAT. 2242 PUBLIC LAW 114–328—DEC. 23, 2016 

(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. 

(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

BILLING.—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 

10 USC 1094a 

note. 


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(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 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— 


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130 STAT. 2244 PUBLIC LAW 114–328—DEC. 23, 2016 

(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. 

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. 


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(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. 

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. 


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130 STAT. 2246 PUBLIC LAW 114–328—DEC. 23, 2016 

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. 

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. 


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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. 

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 


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130 STAT. 2248 PUBLIC LAW 114–328—DEC. 23, 2016 

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’’; 

(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 


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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, 

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 ACQUISI- TION.—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

DEVELOPMENT OPPORTUNITIES AND ALTERNATIVES.—The guidance required under paragraph (1) shall identify training and 

professional development opportunities and alternatives, not 

10 USC 1741 

note. 

10 USC 2330 

note. 


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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’’. 

(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 


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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— 

(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’’. 


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130 STAT. 2252 PUBLIC LAW 114–328—DEC. 23, 2016 

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 

‘‘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; 

10 USC 2446a. 

10 USC 2446a 

prec. 

10 USC 2446a 

prec. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2253 

‘‘(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 interoperability, 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 

10 USC 2446b. 


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130 STAT. 2254 PUBLIC LAW 114–328—DEC. 23, 2016 

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, 

as well as major system components developed outside the 

program 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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2255 

‘‘(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; 

‘‘(2) ensure that major system interfaces incorporate 

commercial standards and other widely supported consensusbased 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); 

10 USC 2446a 

note. 

10 USC 101 prec., 

2201 prec. 

10 USC 2446c. 


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130 STAT. 2256 PUBLIC LAW 114–328—DEC. 23, 2016 

(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: 

‘‘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. 

10 USC 2447a. 

10 USC 2447a 

prec. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2257 

‘‘(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 

‘‘(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. 

10 USC 2447b. 


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130 STAT. 2258 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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. 

‘‘§ 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. 

10 USC 2447c. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2259 

‘‘§ 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. 

‘‘(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 

10 USC 2447a 

note. 

10 USC 2447e. 

10 USC 2447d. 


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130 STAT. 2260 PUBLIC LAW 114–328—DEC. 23, 2016 

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’’. 

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. 

10 USC 2448a. 

10 USC 2448a 

prec. 


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‘‘(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, 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 

10 USC 2430 

note. 

10 USC 2448a 

note. 

10 USC 2448b. 


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130 STAT. 2262 PUBLIC LAW 114–328—DEC. 23, 2016 

(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— 

(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 


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‘‘(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 

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 


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130 STAT. 2264 PUBLIC LAW 114–328—DEC. 23, 2016 

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 

‘‘(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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2265 

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. 

‘‘(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.’’. 

10 USC 2366c. 


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130 STAT. 2266 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 ‘‘or process data’’ the following: ‘‘, including such data pertaining to a major system component’’. 

(b) RIGHTS RELATING TO INTERFACE OR MAJOR SYSTEM INTERFACE.—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 

10 USC 2351 

prec. 


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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— 

(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 READABILITY.—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 PRIVATE 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

FUNDING.—’’. 

(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 


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130 STAT. 2268 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 

exclusively 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 


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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 

(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.’’. 


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130 STAT. 2270 PUBLIC LAW 114–328—DEC. 23, 2016 

(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).’’. 

(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; 

10 USC 2305 

note. 


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(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 ACCEPT- ABLE 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— 

(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’’; 

10 USC 2302 

note. 


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(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 

(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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2273 

‘‘(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.’’. 

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 


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130 STAT. 2274 PUBLIC LAW 114–328—DEC. 23, 2016 

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 

(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. 

10 USC 190. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2275 

‘‘(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— 

‘‘(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.’’. 


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130 STAT. 2276 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 congressional 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.’’. 

10 USC 2301 

prec. 

10 USC 2338. 

10 USC 190 note. 

10 USC 171 prec. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2277 

(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: ALLOW- ABLE COSTS.— (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’’. 

10 USC 2351 

prec. 

10 USC 2324 

note. 


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130 STAT. 2278 PUBLIC LAW 114–328—DEC. 23, 2016 

(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: 

‘‘§ 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. 

10 USC 2372a. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2279 

‘‘(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 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— 

10 USC 2313a 

note. 

10 USC 2351 

prec. 


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130 STAT. 2280 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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 

‘‘(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.’’. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2281 

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 

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. 

10 USC 2306 

note. 


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130 STAT. 2282 PUBLIC LAW 114–328—DEC. 23, 2016 

(b) APPROVAL REQUIREMENT FOR CERTAIN COST-TYPE CON- TRACTS.— 

(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 

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— 

10 USC 2762 

note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2283 

(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 

(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 long-term 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.’’. 

10 USC 1746 

note. 

10 USC 2307 

note. 


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130 STAT. 2284 PUBLIC LAW 114–328—DEC. 23, 2016 

(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. 

(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. 

10 USC 2375 

prec. 

10 USC 2201 

prec. 

10 USC 2241 

prec. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2285 

(4) LIMITATION ON PROCUREMENT OF TABLE AND KITCHEN

EQUIPMENT FOR OFFICERS’ QUARTERS.— (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 PRO- TESTS.—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 

10 USC 2302 

note. 

10 USC 1701a 

note. 

10 USC 2301 

prec. 

10 USC 2381 

prec. 


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130 STAT. 2286 PUBLIC LAW 114–328—DEC. 23, 2016 

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 

(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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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2287 

(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. 

(g) EXPIRATION OF AUTHORITY.—The authority under this section shall expire upon receipt of the funds identified in subsection 

(c)(1). 


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130 STAT. 2288 PUBLIC LAW 114–328—DEC. 23, 2016 

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 

‘‘(B) an analysis to support decisionmaking that identifies 

and evaluates alternative courses of action that may reduce 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2289 

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 

acquisition 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 

information system program’’ and inserting ‘‘major defense 

acquisition program or major subprogram’’ each place it 

appears; 


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130 STAT. 2290 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 

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; 

10 USC 2430 

prec. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2291 

(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. 

(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 


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130 STAT. 2292 PUBLIC LAW 114–328—DEC. 23, 2016 

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. 

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 

10 USC 2432 

note. 

10 USC 2445a 

prec., 

2445a–2445d. 

10 USC 101 prec., 

2201 prec. 

10 USC 2334 

note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2293 

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. 

‘‘(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 

10 USC 2441. 


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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 INITIATIVE.— 

(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 

(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. 

10 USC 2337 

note. 

10 USC 2430 

prec. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2295 

(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 

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 


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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.’’. 

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 

10 USC 2306b 

note. 


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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. 

(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. 

10 USC 2358 

note. 

10 USC 2302 

note. 


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130 STAT. 2298 PUBLIC LAW 114–328—DEC. 23, 2016 

(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— 

‘‘(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); 


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‘‘(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.— 

‘‘(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 

31 USC 503 note. 

31 USC 503 note. 


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‘‘(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 

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; 


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‘‘(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 

Management Improvement Officer designated under section 

1126(a)(1) of title 31, United States Code, shall submit to 

Congress a report containing the strategy developed under section 1126(a)(2)(B) of such title, as added by paragraph (1). 

(c) 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 

31 USC 1126 

note. 


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130 STAT. 2302 PUBLIC LAW 114–328—DEC. 23, 2016 

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 program 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— 

10 USC 2430 

note. 

10 USC 2430 

note. 


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(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 National 

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.’’. 


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130 STAT. 2304 PUBLIC LAW 114–328—DEC. 23, 2016 

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 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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2305 

(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— 

‘‘(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 

10 USC 1725. 


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130 STAT. 2306 PUBLIC LAW 114–328—DEC. 23, 2016 

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.’’. 

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. 

10 USC 1762 

note. 

10 USC 1721 

prec. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2307 

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 

military departments and Defense Agencies in making commercial item determinations, conducting market research, and performing 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.’’. 


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130 STAT. 2308 PUBLIC LAW 114–328—DEC. 23, 2016 

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 

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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2309 

‘‘(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 

off-the-shelf items from the applicability of the provision or contract 

clause requirement. 

‘‘(e) COVERED PROVISION OF LAW OR CONTRACT CLAUSE

REQUIREMENT.—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 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 


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130 STAT. 2310 PUBLIC LAW 114–328—DEC. 23, 2016 

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-the-shelf 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 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 

10 USC 2305 

note. 

10 USC 2375 

note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2311 

for Acquisition, Technology, and Logistics shall revise the Defense 

Federal Acquisition Regulation Supplement to encourage contractors to propose commercial or non-Government standards and 

industry-wide 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, knowledge-based 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. 

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 

10 USC 2380B. 

10 USC 2377 

note. 


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130 STAT. 2312 PUBLIC LAW 114–328—DEC. 23, 2016 

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

DEFENSE 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. 

(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 

10 USC 2302 

note. 

10 USC 2375 

prec. 

10 USC 2375 

prec. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2313 

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 

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. 

41 USC 3301 

note. 


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130 STAT. 2314 PUBLIC LAW 114–328—DEC. 23, 2016 

(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. 

(g) TERMINATION.—The authority to enter into a contract under 

a pilot program under this section terminates on September 30, 

2022. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2315 

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 

Defense 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. 

10 USC 2501 

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130 STAT. 2316 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 

six-year 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 

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 

10 USC 2302 

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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2317 

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 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. 


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130 STAT. 2318 PUBLIC LAW 114–328—DEC. 23, 2016 

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. 

(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, realtime feature extraction and predictive analytics. 

10 USC 2302 

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(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 notfor-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. 

(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; 


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130 STAT. 2320 PUBLIC LAW 114–328—DEC. 23, 2016 

(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. 

(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— 


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(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: 

(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. 


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130 STAT. 2322 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 submit to the congressional defense committees a report on 

the findings 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 

10 USC 2305 

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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). 

(b) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the 

congressional defense committees a report on the results of the 

study under subsection (a). 

SEC. 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— 

31 USC 3554 

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130 STAT. 2324 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 ADMINIS- TRATION.—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 

‘‘(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 

10 USC 2331 

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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— 

(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. 

10 USC 2222 

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(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: 

‘‘(c) TREATMENT AS COMPETITIVE PROCEDURES.—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 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 SYSTEMS.—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 

15 USC 638. 

40 USC 11103 

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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 

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: 

10 USC 2302 

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(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, 

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; 


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(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. 

(2) NOTIFICATION OF IMPLEMENTATION OF RECOMMENDATIONS.—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 


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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 

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 


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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 

a training program at the Defense Acquisition University established 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 


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for the Department of Defense pursuant to the JavitsWagner-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 nonreimbursable 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. 

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 


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‘‘(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 

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 


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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 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 

14 USC 579. 

14 USC 578. 


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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. 

(B) The actions the Commandant is taking, if any, 

within the Commandant’s existing authority to implement 

such recommendations. 

(3) MODIFICATION OF POLICIES, DIRECTIVES, AND REGULATIONS.—Not later than one year after the date of the enactment 

of this Act, the Commandant of the Coast Guard shall modify 

the acquisition policies, directives, and regulations of the Coast 

Guard as necessary to ensure the development and implementation of a customer-oriented acquisition system, pursuant to 

the review under paragraph (1)(C). 

(d) ANALYSIS OF USING MULTIYEAR CONTRACTING.— 

(1) IN GENERAL.—No later than one year after the date 

of the enactment of this Act, the Secretary of the department 

in which the Coast Guard is operating shall submit to the 

Committee on Transportation and Infrastructure of the House 

of Representatives and the Committee on Commerce, Science, 

and Transportation of the Senate an analysis of the use of 

multiyear contracting, including procurement authority provided under section 2306b of title 10, United States Code, 

and authority similar to that granted to the Navy under section 

121(b) of the National Defense Authorization Act for Fiscal 

Year 1998 (Public Law 105–85; 111 Stat. 1648) and section 

150 of the Continuing Appropriations Act, 2011 (Public Law 

14 USC 561 note. 

14 USC 561 prec. 


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130 STAT. 2336 PUBLIC LAW 114–328—DEC. 23, 2016 

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— 

(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 

10 USC 2302 

note. 


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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. 

(2) COVERED AFRICAN COUNTRY.—The term ‘‘covered African 

country’’ means a country in Africa that has signed a longterm 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, 


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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. 

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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2339 

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 

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 

10 USC 133a 

note. 

10 USC 133a. 

10 USC 133a 

note. 


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130 STAT. 2340 PUBLIC LAW 114–328—DEC. 23, 2016 

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 

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 

10 USC 133b. 

10 USC 133b 

note. 


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‘‘(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 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 

10 USC 131 note. 


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(B) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. 

(d) REPEAL OF PENDING AUTHORITY TO ESTABLISH UNDER SECRETARY 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 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: 

5 USC 5313 note. 

10 USC 131 prec. 

10 USC 131 prec. 

10 USC 131 note. 


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(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 

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; 


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‘‘(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.’’. 

(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.’’. 

10 USC 155 note. 


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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, 

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: 

10 USC 111 note. 

10 USC 171 prec. 


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(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— 

(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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2347 

(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, 

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. 


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130 STAT. 2348 PUBLIC LAW 114–328—DEC. 23, 2016 

(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, 

results-driven 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 

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 ASSESS- MENTS.— 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2349 

(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. 

(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 

10 USC 131 note. 


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130 STAT. 2350 PUBLIC LAW 114–328—DEC. 23, 2016 

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 PERSONNEL.—(1) Functions performed by civilian personnel should not 

be performed by military personnel except— 

‘‘(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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2351 

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.— (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— 

10 USC 152 note. 


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130 STAT. 2352 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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 commands, as necessary, to address transregional, 

multi-domain, 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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2353 

‘‘(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 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. 


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130 STAT. 2354 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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. 

‘‘(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 

10 USC 154 note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2355 

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.— 

(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. 

10 USC 139b. 


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130 STAT. 2356 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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 

(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.’’. 

10 USC 131 prec. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2357 

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 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, 

10 USC 167b. 


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130 STAT. 2358 PUBLIC LAW 114–328—DEC. 23, 2016 

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 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’’; 

10 USC 161 prec. 


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(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’’. 

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 


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‘‘(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. 

‘‘(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). 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2361 

‘‘(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 CONGRES- SIONAL DEFENSE COMMITTEES.—The Secretary of Defense shall 

ensure that, in the case of a recommendation by the Chairman 

of the 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. 

10 USC 2448a 

note. 


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130 STAT. 2362 PUBLIC LAW 114–328—DEC. 23, 2016 

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 

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, 


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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.’’. 

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, 


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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.’’. 

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

10 USC 1781 

prec. 

10 USC 1781. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2365 

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— 

(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, 

10 USC 8016 

note. 

10 USC 1781 

prec. 

10 USC 1781c. 


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130 STAT. 2366 PUBLIC LAW 114–328—DEC. 23, 2016 

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, 

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 

five-year 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 


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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; 

‘‘(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: 

10 USC 111 prec. 


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130 STAT. 2368 PUBLIC LAW 114–328—DEC. 23, 2016 

(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.— (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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2369 

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. 

(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— 


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130 STAT. 2370 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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; 

‘‘(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.’’. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2371 

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’’. 

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. 

10 USC 1564 

note. 


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130 STAT. 2372 PUBLIC LAW 114–328—DEC. 23, 2016 

(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.— (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 SUPPORT 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 


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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. 

(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)). 


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130 STAT. 2374 PUBLIC LAW 114–328—DEC. 23, 2016 

(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— 

(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); 


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‘‘(E) restrict any other authority of the Secretary of Defense 

or the Secretary of a military department; or 

‘‘(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 

10 USC 711 prec. 

10 USC 714. 


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(iii) by redesignating paragraph (8) as paragraph 

(7); and 

(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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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2377 

(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. 

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. 


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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 PER- SONNEL 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. 

(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 


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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 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. 

10 USC 2222 

note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2381 

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. 

‘‘(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 

10 USC 384. 


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‘‘(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 

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— 


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‘‘(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 

support for an activity under subsection (a), the Secretary of 

Defense 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; 


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‘‘(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. 

‘‘(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. 


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‘‘(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’’. 

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’’. 

10 USC 371 prec. 


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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.— 

(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, 

10 USC 271 note. 


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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 

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. 


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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. 

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

COMPONENTS TO SUPPORT CONTINUOUS PRODUCTION OF THE

COMMON 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 

10 USC 7318 

note. 

10 USC 7291 

prec. 

10 USC 7318. 


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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). 

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.’’. 

10 USC 480 prec. 


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130 STAT. 2390 PUBLIC LAW 114–328—DEC. 23, 2016 

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 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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2391 

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 

‘‘(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.’’. 


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130 STAT. 2392 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 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)’’. 

10 USC 121 prec. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2393 

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:’’ 

‘‘(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: 

10 USC 372 note. 


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130 STAT. 2394 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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; 

(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 


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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 

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 


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130 STAT. 2396 PUBLIC LAW 114–328—DEC. 23, 2016 

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 

a current Secret Level Clearance issued by the Department of 

Defense shall be considered exempt from further vetting when 

seeking unescorted access at Department of Defense facilities. 

Access security personnel shall verify such person’s security clearance in a timely manner and provide them with unescorted access 

to complete their freight service. 

10 USC 113 note. 

6 USC 221 note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2397 

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. 

(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 

10 USC 8062 

note. 


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130 STAT. 2398 PUBLIC LAW 114–328—DEC. 23, 2016 

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. 

(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 

50 USC 3524. 


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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 

term ‘‘defense sensitive support’’ means support provided by the 

Department of Defense to a non-Department of Defense Federal 

department or agency that requires special protection from disclosure. 

10 USC 113 note. 


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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. 

(C) The submission of the future-years mission budget 

for the military programs of the Department of Defense 

under section 221 of such title. 

10 USC 111 note. 

10 USC 948a 

note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2401 

(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). 

(42) Section 2367(d). 

(43) Section 2399(g). 

(44) Section 2445b. 

(45) Section 2464(d). 

(46) Section 2466(d). 


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130 STAT. 2402 PUBLIC LAW 114–328—DEC. 23, 2016 

(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). 

(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). 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2403 

(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). 

(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). 


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130 STAT. 2404 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 

U.S.C. 112 note), as added by section 1008 of the National 

Defense 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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2405 

(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; 

‘‘(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. 

10 USC 119a. 


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130 STAT. 2406 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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.— 

‘‘(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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2407 

‘‘(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. 

‘‘(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.’’. 


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130 STAT. 2408 PUBLIC LAW 114–328—DEC. 23, 2016 

(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.— 

‘‘(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. 

10 USC 222a. 

10 USC 111 prec. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2409 

‘‘(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.— 

(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 

10 USC 221 prec. 


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130 STAT. 2410 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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. 

(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 

10 USC 488 note. 

10 USC 480 prec. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2411 

(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’’. 

(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. 

50 USC 1528. 


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130 STAT. 2412 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 servicecommon 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. 

(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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2413 

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 

and eliminating deficiencies, including the annual funding 

requirements 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. 


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130 STAT. 2414 PUBLIC LAW 114–328—DEC. 23, 2016 

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 inproduction 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 

for the quarter, the reasons why such requirement was not 

fulfilled 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 offsite airlift support for XVIII Airborne Corps, the 82nd Airborne 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2415 

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. 

(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: 


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130 STAT. 2416 PUBLIC LAW 114–328—DEC. 23, 2016 

(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-AsiaPacific 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. 

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: 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2417 

(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 

‘major system’ have the meanings provided in section 2431a 

of this title.’’. 

(b) AMENDMENTS RELATED TO ELIMINATION OF TITLE 50 

APPENDIX.— 

(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— 


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130 STAT. 2418 PUBLIC LAW 114–328—DEC. 23, 2016 

(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.)’’. 

(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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2419 

(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. 

(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) 

10 USC 2222 

note. 

10 USC 2201 

prec. 

10 USC 2302 

note. 

38 USC 1712A 

note. 

10 USC 2222 

note. 


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130 STAT. 2420 PUBLIC LAW 114–328—DEC. 23, 2016 

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, pursuant to a transaction or transactions concluded 

under the authority 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. 

10 USC 2345 

note. 

10 USC 101 note. 

10 USC 1564 

note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2421 

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 nondual 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) 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: 


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130 STAT. 2422 PUBLIC LAW 114–328—DEC. 23, 2016 

(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. 

‘‘(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 


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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. 

(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. 

6 USC 104. 

50 USC 3021 

note. 


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130 STAT. 2424 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 (c), the Comptroller General of the United States shall 

conduct a review 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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2425 

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. 

(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: 

10 USC 3013 

note. 


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(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. 

(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, 


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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’’. 

(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 


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130 STAT. 2428 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 MV22 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, 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 


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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; 

(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. 

6 USC 223. 


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(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 

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, knownflow 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 


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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— 

(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: 


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(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. 

(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 highrisk 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. 


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(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 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 


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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. 

(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 


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(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— 

(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— 


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(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. 

(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. 

36 USC 101 

note prec. 


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(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. 

(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 


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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’’). 

(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 


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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 create capacity for equipment and fuel storage, technological 

infrastructure, 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 

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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: 

‘‘§ 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 

36 USC 40728B. 


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‘‘(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 

(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. 

36 USC 40728B 

note. 

36 USC 40701 

prec. 


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130 STAT. 2442 PUBLIC LAW 114–328—DEC. 23, 2016 

(C) Any other issue that the Secretary of the Army 

considers appropriate. 

(2) PROHIBITION ON TRANSFERS PENDING SUBMITTAL OF

REPORT.—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. 

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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2443 

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 

‘‘(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: 


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130 STAT. 2444 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘§ 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 

‘‘(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’’. 

10 USC 111 prec. 

10 USC 121 prec. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2445 

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 

private-sector 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. 

‘‘(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 PRIVATESECTOR 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, 

10 USC 1599g. 


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130 STAT. 2446 PUBLIC LAW 114–328—DEC. 23, 2016 

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; 

‘‘(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— 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2447 

‘‘(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. 

(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 

10 USC 1580 

note prec. 

10 USC 1580 

note prec. 

10 USC 1580 

prec. 


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130 STAT. 2448 PUBLIC LAW 114–328—DEC. 23, 2016 

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— 

(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 

5 USC 9902 note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2449 

‘‘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; 

(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. 

5 USC 3133 note. 


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130 STAT. 2450 PUBLIC LAW 114–328—DEC. 23, 2016 

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 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). 

10 USC 1580 

note prec. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2451 

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— 

‘‘(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 

10 USC 1599h. 


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130 STAT. 2452 PUBLIC LAW 114–328—DEC. 23, 2016 

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.’’. 

(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 

10 USC 1599h 

note. 

10 USC 1580 

prec. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2453 

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. 

‘‘(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 

10 USC 2358a. 


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130 STAT. 2454 PUBLIC LAW 114–328—DEC. 23, 2016 

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 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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2455 

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. 

‘‘(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’’; 

10 USC 2351 

prec. 


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130 STAT. 2456 PUBLIC LAW 114–328—DEC. 23, 2016 

(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. 

(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, 

10 USC 2358 

note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2457 

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. 

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 

10 USC 1580 

note prec. 

10 USC 1580 

note. 


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130 STAT. 2458 PUBLIC LAW 114–328—DEC. 23, 2016 

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 timelimited employee for purposes of this section if— 

(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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2459 

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.— 

(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 

5 USC 5501 prec. 


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130 STAT. 2460 PUBLIC LAW 114–328—DEC. 23, 2016 

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. 

(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— 

Administrative 

Leave Act 

of 2016. 

5 USC 101 note. 

5 USC 6329a 

note. 

5 USC 3301 prec. 

5 USC 3330e 

note. 

5 USC 3330e. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2461 

(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: 

‘‘§ 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’— 

5 USC 6329a. 


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130 STAT. 2462 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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.— (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; 

5 USC 6329b. 

5 USC 6301 prec. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2463 

‘‘(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 

‘‘(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

NOTICE 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— 


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130 STAT. 2464 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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 

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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2465 

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. 

‘‘(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 


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130 STAT. 2466 PUBLIC LAW 114–328—DEC. 23, 2016 

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 

‘‘(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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2467 

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; 

‘‘(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; 


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130 STAT. 2468 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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— 

(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 

5 USC 6329a 

note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2469 

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: 

‘‘§ 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 

5 USC 6329c. 

5 USC 6301 prec. 


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130 STAT. 2470 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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 nonpermanent position or group of positions in the competitive services 

at GS–15 (or equivalent) and below, or for prevailing rate employees, 

if the Director 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; 

5 USC 3322. 

5 USC 3304 note. 

5 USC 6301 prec. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2471 

‘‘(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 

‘‘(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. 

5 USC 3301 prec. 

5 USC 3322 note. 


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130 STAT. 2472 PUBLIC LAW 114–328—DEC. 23, 2016 

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. 

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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2473 

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 Statesorigin 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. 

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’’. 


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130 STAT. 2474 PUBLIC LAW 114–328—DEC. 23, 2016 

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 

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 

10 USC 127e. 

10 USC 114 note. 

10 USC 114 note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2475 

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. 

‘‘(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. 


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130 STAT. 2476 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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. 

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. 

10 USC 121 prec. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2477 

(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 cooperation 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’’. 


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130 STAT. 2478 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 PAY- MENTS.—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). 

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)— 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2479 

(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— 

‘‘(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);’’. 


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130 STAT. 2480 PUBLIC LAW 114–328—DEC. 23, 2016 

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.’’. 

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 estimated 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 estimated 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 estimated lifecycle cost of $20,000,000 or more, but less than 

$40,000,000, by the Commander of United States ForcesAfghanistan. 

10 USC 2241 

note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2481 

(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. 

(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. 


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130 STAT. 2482 PUBLIC LAW 114–328—DEC. 23, 2016 

(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. 

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’’. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2483 

(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. 

‘‘(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: 


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130 STAT. 2484 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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 

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

REIMBURSEMENT OF PAKISTAN FOR SUPPORT PROVIDED BY PAKISTAN.—Section 1232(b)(6) of the National Defense Authorization 

Act for Fiscal Year 2008 (122 Stat. 393), as most recently amended 

by section 1212(c) of the National Defense Authorization Act for 

Fiscal Year 2016 (129 Stat. 1043), is further amended by striking 

‘‘September 30, 2016’’ and inserting ‘‘December 31, 2017’’. 

(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; 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2485 

(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. 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 


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130 STAT. 2486 PUBLIC LAW 114–328—DEC. 23, 2016 

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’’. 

(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. 


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(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): 

‘‘(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

CONNECTION 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. 

10 USC 113 note. 


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130 STAT. 2488 PUBLIC LAW 114–328—DEC. 23, 2016 

(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. 

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. 


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(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 

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— 

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(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. 

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 


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(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 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 

22 USC 8909. 


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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 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.— 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2493 

(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 

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. 


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(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. 

(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 


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(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 

paragraph is a certification by the Secretary of Defense, in 

coordination 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. 


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‘‘(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 

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 


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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 

Shorter-Range Missiles, commonly referred to as the ‘‘Intermediate-Range Nuclear Forces (INF) Treaty’’, signed at Washington December 8, 1987, and entered into force June 1, 1988. 

(3) 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 

10 USC 301 prec. 

10 USC 311 prec., 

351 prec., 371 

prec. 


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‘‘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. 

‘‘(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: 

10 USC 301. 

10 USC 301 prec. 


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‘‘(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. 

‘‘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. 

10 USC 361 prec. 

10 USC 341 prec. 

10 USC 331 prec. 

10 USC 321 prec. 

10 USC 311 prec. 


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130 STAT. 2500 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘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.— 

(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. 

10 USC 333 note. 

10 USC 168 note. 

10 USC 332 note. 


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‘‘(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 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 


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(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. 

‘‘(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: 


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‘‘(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 

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 


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130 STAT. 2504 PUBLIC LAW 114–328—DEC. 23, 2016 

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 used for such purposes until the guidance required by paragraph (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). 

10 USC 2282 

note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2505 

(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 

respective areas of focus of each Regional Center the functional areas for engagement of territorial and maritime 

security, 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 

10 USC 2281 

prec. and note. 


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130 STAT. 2506 PUBLIC LAW 114–328—DEC. 23, 2016 

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. 

‘‘(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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2507 

(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 

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: 


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130 STAT. 2508 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘§ 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.— 

(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: 

10 USC 9381 

prec., 

9381–9383. 

10 USC 348 note. 


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‘‘§ 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 DEFINI- TION 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: 

‘‘§ 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. 

10 USC 382 note. 

10 USC 9411 

note. 

10 USC 350. 


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130 STAT. 2510 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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 

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. 

10 USC 383 note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2511 

‘‘(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. 

‘‘(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’’.— 

10 USC 385 note. 


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130 STAT. 2512 PUBLIC LAW 114–328—DEC. 23, 2016 

(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— 

(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: 

10 USC 8011 

prec., 9301 prec. 

10 USC 9411 

prec. 

10 USC 2350a 

prec. 

10 USC 2241 

prec. 

10 USC 2161 

prec. 

10 USC 1030 

prec. 

10 USC 246 prec., 

251 prec., 261 

prec., 271 prec. 

10 USC 121 prec. 

10 USC 101 prec. 


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‘‘§ 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 friendly foreign country or international or regional 

security 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). 

10 USC 311 note. 


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130 STAT. 2514 PUBLIC LAW 114–328—DEC. 23, 2016 

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 

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. 

10 USC 312 note. 


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‘‘(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. 

‘‘(5) OTHER EXPENSES.—In addition to the personnel 

expenses payable under paragraph (1), the Secretary of Defense 

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 


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130 STAT. 2516 PUBLIC LAW 114–328—DEC. 23, 2016 

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. 

(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. 

10 USC 1050 

note. 

10 USC 1030 

prec. 

10 USC 

1050–1051a. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2517 

‘‘(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. 

‘‘(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 


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130 STAT. 2518 PUBLIC LAW 114–328—DEC. 23, 2016 

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. 

(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— 

10 USC 2001 

prec. 


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‘‘(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 

‘‘(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 Statessupported 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. 


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130 STAT. 2520 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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.— 

‘‘(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 COMMITTED

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): 

10 USC 341. 

10 USC 121 prec. 


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‘‘(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.’’. 

(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: 

32 USC 107 note. 

10 USC 341 note. 


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130 STAT. 2522 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘§ 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. 

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 

10 USC 347. 

10 USC 2241 

prec. 

10 USC 345 note. 


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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. 

‘‘(5) PAY, ALLOWANCES, AND EMOLUMENTS OF PERSONS

ADMITTED.—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. 


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130 STAT. 2524 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(b) EXCHANGE PROGRAMS WITH FOREIGN MILITARY ACADEMIES.— 

‘‘(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 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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2525 

‘‘(5) REGULATIONS.—The Secretary of the military department concerned shall prescribe regulations to implement this 

subsection. Such regulations may include qualification criteria 

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. 

10 USC 9331 

prec. 

10 USC 6951. 

10 USC 4331 

prec. 

10 USC 

4344–4345a, 

6957–6957b, 

9344–9345a. 


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130 STAT. 2526 PUBLIC LAW 114–328—DEC. 23, 2016 

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 

10 USC 384. 

10 USC 381 note. 

10 USC 381. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2527 

‘‘(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. 

‘‘(D) Establish requirements for training and professional development associated with each level of certification provided for under subparagraph (C). 


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130 STAT. 2528 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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 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.— 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2529 

(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 Secretary of Defense’’ and inserting ‘‘ANNUAL REPORT

REQUIRED.—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’’; 

10 USC 386 note. 


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130 STAT. 2530 PUBLIC LAW 114–328—DEC. 23, 2016 

(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’’. 

(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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2531 

(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 

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 

10 USC 301 note. 

128 Stat. 3544. 


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130 STAT. 2532 PUBLIC LAW 114–328—DEC. 23, 2016 

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 DUPLICATIVE

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 

or taken before the date of the enactment of this Act under a 

provision 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. 

10 USC 301 note. 

10 USC 9681 

prec. 

10 USC 4681 

prec. 

10 USC 2551 

prec. 

10 USC 1030 

prec. 

10 USC 161 prec. 

10 USC 168. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2533 

(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). 

(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). 

Global Magnitsky 

Human Rights 

Accountability 

Act. 

22 USC 2656 

note. 

22 USC 2656 

note. 


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130 STAT. 2534 PUBLIC LAW 114–328—DEC. 23, 2016 

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 

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 

22 USC 2656 

note. 


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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 VIOLATIONS.—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 HEADQUARTERS AGREEMENT AND LAW ENFORCEMENT OBJECTIVES.—Sanctions under subsection (b)(1) shall not apply to an individual if 

admitting the individual into the United States would further 

important 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. 


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(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; 

(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 

22 USC 2656 

note. 


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(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. 

(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. 


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130 STAT. 2538 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 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. 

10 USC 113 note. 

22 USC 2656 

note. 


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(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 that threaten the United States, deployed forces of the 

United States, or Israel. The report shall include the following: 


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(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. 

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 


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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. 

(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. 

10 USC 2333 

note. 


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(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 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 


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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. 

(d) LIMITED INCIDENTAL AUTHORITY TO DESTROY OTHER MUNITIONS.—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 


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$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 OFFI- CIALS 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 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. 


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(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 democracybuilding 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 

(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. 


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130 STAT. 2546 PUBLIC LAW 114–328—DEC. 23, 2016 

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). 

(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. 

22 USC 2656 

note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2547 

(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 

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.— 


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130 STAT. 2548 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 

(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: 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2549 

‘‘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)— 

(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)— 


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130 STAT. 2550 PUBLIC LAW 114–328—DEC. 23, 2016 

(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’’; 

(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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2551 

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 Senateconfirmed 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. 

‘‘(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. 


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130 STAT. 2552 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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 

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)— 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2553 

(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 single, consolidated private, non-profit corporation (in 

accordance with section 501(c)(3) of the Internal Revenue Code 

and exempt from tax under section 501(a) of such Code), 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; 

22 USC 6209. 


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130 STAT. 2554 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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 

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;’’. 

22 USC 6209b. 

22 USC 6209a. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2555 

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 AGREE- MENTS.— 

(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 

(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 

22 USC 2593e. 


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130 STAT. 2556 PUBLIC LAW 114–328—DEC. 23, 2016 

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 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; 


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(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 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). 


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130 STAT. 2558 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 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 

10 USC 2333 

note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2559 

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 

arms transfer policy, to support combined military planning 

with India’s military for missions such as humanitarian 

assistance and disaster relief, counter piracy, freedom 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 

22 USC 2751 

note. 


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130 STAT. 2560 PUBLIC LAW 114–328—DEC. 23, 2016 

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.— 

(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 REPRESENTATIVE 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 

19 USC 3723 

note. 


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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). 

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— 


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130 STAT. 2562 PUBLIC LAW 114–328—DEC. 23, 2016 

(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, 

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’’. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2563 

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. 

(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; 

22 USC 7114 

note. 

22 USC 2761 

note. 


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130 STAT. 2564 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 

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.— 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2565 

(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 

(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. 


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130 STAT. 2566 PUBLIC LAW 114–328—DEC. 23, 2016 

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/ 

Administrative 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: 

(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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2567 

(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 

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), 

50 USC 3735. 


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130 STAT. 2568 PUBLIC LAW 114–328—DEC. 23, 2016 

(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. 

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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2569 

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 activities 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 

50 USC 98d note. 


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130 STAT. 2570 PUBLIC LAW 114–328—DEC. 23, 2016 

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; 

(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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2571 

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). 

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 


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130 STAT. 2572 PUBLIC LAW 114–328—DEC. 23, 2016 

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. 

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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2573 

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 

(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. 


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130 STAT. 2574 PUBLIC LAW 114–328—DEC. 23, 2016 

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. 

(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

REPORTING 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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2575 

(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 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)— 


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(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 

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 

22 USC 7513 

note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2577 

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 

Afghan 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 


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130 STAT. 2578 PUBLIC LAW 114–328—DEC. 23, 2016 

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

DEVICE 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 

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; 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2579 

‘‘(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): 

‘‘(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 


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130 STAT. 2580 PUBLIC LAW 114–328—DEC. 23, 2016 

(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. 

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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2581 

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. 

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. 


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130 STAT. 2582 PUBLIC LAW 114–328—DEC. 23, 2016 

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 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: 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2583 

‘‘(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 

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: 


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‘‘(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 strapon 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. 

(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 


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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. 

‘‘(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 


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130 STAT. 2586 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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 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 orderof-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. 

10 USC 2271 

note. 


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(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 

(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 


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130 STAT. 2588 PUBLIC LAW 114–328—DEC. 23, 2016 

(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; 

(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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2589 

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 

(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. 


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130 STAT. 2590 PUBLIC LAW 114–328—DEC. 23, 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 spacebased 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: 

(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. 

10 USC 2271 

note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2591 

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 

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 

space-based 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 


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130 STAT. 2592 PUBLIC LAW 114–328—DEC. 23, 2016 

(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— 

(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 


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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. 

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 


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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 

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 

low-cost launch vehicles and existing infrastructure. 

(4) An assessment of the potential of the Office to leverage 

existing or planned commercial capabilities. 


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(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; 

(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 


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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 spacebased 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. 

(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. 

50 USC 3308a. 


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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. 

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. 


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(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 steps taken by the Commander to formalize and disseminate 

procedures 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 


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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; 

(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; 


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130 STAT. 2600 PUBLIC LAW 114–328—DEC. 23, 2016 

(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— 

(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,’’. 


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SEC. 1642. LIMITATION ON TERMINATION OF DUAL-HAT ARRANGEMENT FOR COMMANDER OF THE UNITED STATES CYBER 

COMMAND. 

(a) LIMITATION ON TERMINATION OF DUAL-HAT ARRANGEMENT.— 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. 

(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. 


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130 STAT. 2602 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 ‘‘Rankin-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 up to a step-five level with no justification and at up to 

a step-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— 

10 USC 2224 

note. 

10 USC 1599 

note. 


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(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; 

(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 

10 USC 2224 

note. 


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130 STAT. 2604 PUBLIC LAW 114–328—DEC. 23, 2016 

(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. 

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 

10 USC 2224 

note. 


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(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; 

(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. 


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130 STAT. 2606 PUBLIC LAW 114–328—DEC. 23, 2016 

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 

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.’’. 

10 USC 2224 

note. 

10 USC 2165 

note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2607 

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— 

(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 

10 USC 2224 

note. 


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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; 

(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

DEFENSE.—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). 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2609 

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 

(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: 


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(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.— 

(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 

10 USC 2224 

note. 


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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 automationassisted 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 

(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: 


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130 STAT. 2612 PUBLIC LAW 114–328—DEC. 23, 2016 

(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: 

(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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2613 

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. 

‘‘(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, 


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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 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 

10 USC 121 prec. 


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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 GOVERN- MENTS.—(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 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); 


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130 STAT. 2616 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 nondeployed 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— 

(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 


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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. 

(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. 

10 USC 2431 

note. 


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130 STAT. 2618 PUBLIC LAW 114–328—DEC. 23, 2016 

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). 

(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. 


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(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 travel and representational expenses of the Under Secretary 

of Defense for Acquisition, Technology, and Logistics, not more 

than 75 percent may be obligated or expended until the date on 

which the Under Secretary certifies to the congressional defense 

committees that there is a 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. 


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(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), 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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2621 

(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— 

(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; 


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(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 

(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; 


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(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. 

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’’. 

10 USC 2431 

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130 STAT. 2624 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 fivefiscal-year 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— 

(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. 

10 USC 2431 

note. 

10 USC 121 prec. 


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(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 

end-state 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. 

(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.— 


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(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: 

(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 RESPONSIBILITIES DESCRIBED.—The non-standard acquisition processes 


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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 

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 anti-air 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 

10 USC 2431 

note. 

10 USC 2431 

note. 


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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). 

(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, 

10 USC 2431 

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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. 

(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 

10 USC 2431 

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(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. 

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 


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(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 

ground-based 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: 

(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). 

10 USC 2431 

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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 

Secretary of Defense for Acquisition, Technology, and Logistics 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.— 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2633 

(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 

one-for-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 

all-up 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 

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. 


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130 STAT. 2634 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2635 

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 

points progression of the technology maturation and risk reduction phase of the lower tier air and missile defense radar 

acquisition 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. 


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130 STAT. 2636 PUBLIC LAW 114–328—DEC. 23, 2016 

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.— 

(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.— 

10 USC 2431 

note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2637 

(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 INTERCEPTOR.—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 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 

ground-based 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. 


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130 STAT. 2638 PUBLIC LAW 114–328—DEC. 23, 2016 

(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; 

(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.— 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2639 

(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 

(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: 

10 USC 130i. 


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130 STAT. 2640 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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— 

‘‘(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.’’. 

10 USC 121 prec. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2641 

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.’’. 

(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— 

47 USC 343. 


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130 STAT. 2642 PUBLIC LAW 114–328—DEC. 23, 2016 

(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). 

(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’’. 

Guam World 

War II Loyalty 

Recognition Act. 

22 USC 1621 

note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2643 

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. 

(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 

22 USC 1621 

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22 USC 1621 

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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 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. 

22 USC 1621 

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(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.— 

(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). 

22 USC 1621 

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(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 REPRESENTATIONAL 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 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 


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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. 

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. 

22 USC 1621 

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22 USC 1621 

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130 STAT. 2648 PUBLIC LAW 114–328—DEC. 23, 2016 

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— 

‘‘(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; 


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‘‘(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; 

‘‘(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; 


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‘‘(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. 

‘‘(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 


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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 

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.’’. 


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130 STAT. 2652 PUBLIC LAW 114–328—DEC. 23, 2016 

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;’’. 

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 


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(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 REPRESENTATIVES.—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 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 


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‘‘(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 

(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: 

15 USC 637 note. 

15 USC 644 note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2655 

‘‘(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 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 


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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 

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— 


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‘‘(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 

Administration 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 


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(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 ESOP) of which is owned by one or more servicedisabled veterans; and 

‘‘(ii) the management and daily business operations 

of which are controlled by one or more service-disabled 

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 servicedisabled 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 

15 USC 632 note. 


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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.’’. 

(b) VETERANS AFFAIRS DEFINITION OF SMALL BUSINESS CONCERN 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 serviceconnected 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 serviceconnected 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 


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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 ADMINISTRATION 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, 

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 

15 USC 632 note. 


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‘‘(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. 

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 RECONSIDER- ATION.—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’’. 

38 USC 8127 

note. 


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130 STAT. 2662 PUBLIC LAW 114–328—DEC. 23, 2016 

(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.— (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 

15 USC 632 note. 


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(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 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 DEVELOPMENT 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— 


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(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.’’. 

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. 


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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 crossborder activity, including— 

‘‘(1) threats and trends concerning illicit trafficking and 

unlawful crossings; 

‘‘(2) the ability to forecast future shifts in such threats 

and trends; 

‘‘(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 

6 USC 348. 


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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— 

‘‘(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 


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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 temporary 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. 


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‘‘(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. 

‘‘(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. 


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‘‘(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. 

‘‘(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 


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130 STAT. 2670 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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 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; 

6 USC 349. 

6 USC 348 note. 


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‘‘(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; 

‘‘(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, policydetermining, 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. 


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‘‘(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 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’).’’. 


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(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, including information technology, financial management, 

acquisition management, and human capital management, to 

ensure 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 


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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 

(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; 


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‘‘(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 

‘‘(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 


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Homeland Security and Governmental Affairs a report on the 

results of the study required under subsection (a). 

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 PRO- GRAMS.— 

‘‘(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— 

6 USC 195e. 


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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— 

6 USC 123 note. 


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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; 

(ii) new programs, projects, or activities that are 

requested, under development, or undergoing 

implementation; 


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(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. 

(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— 


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(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 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 


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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 State planning committee or urban area working group to 

assist 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.— 


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‘‘(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 

high-risk 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. 

‘‘(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. 

6 USC 149a. 


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‘‘(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.’’. 

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: 


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‘‘(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 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, 

6 USC 195f. 


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130 STAT. 2686 PUBLIC LAW 114–328—DEC. 23, 2016 

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 

freedom of information law, open government law, open 

meetings 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 

6 USC 321p. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2687 

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. 

(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. 

6 USC 101 note. 

6 USC 121 note. 


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130 STAT. 2688 PUBLIC LAW 114–328—DEC. 23, 2016 

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: 

Military 

Construction 

Authorization 

Act for Fiscal 

Year 2017. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2689 

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 


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130 STAT. 2690 PUBLIC LAW 114–328—DEC. 23, 2016 

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. 

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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2691 

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: 

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 


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130 STAT. 2692 PUBLIC LAW 114–328—DEC. 23, 2016 

Navy: Inside the United States—Continued 

State Installation or Location Amount 

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: 

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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2693 

(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. 

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: 


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130 STAT. 2694 PUBLIC LAW 114–328—DEC. 23, 2016 

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 

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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2695 

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). 

(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. 


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130 STAT. 2696 PUBLIC LAW 114–328—DEC. 23, 2016 

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 ElmendorfRichardson .................... $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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2697 

Air Force: Inside the United States—Continued 

State Installation or Location Amount 

Virginia .......................... Joint Base LangleyEustis.$59,200,000 

Washington ................... Fairchild Air Force Base $27,000,000 

Wyoming ........................ F.E. Warren Air Force 

Base.

$5,550,000 

(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. 


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(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 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: 


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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 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: 


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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 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: 


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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: 

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 


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130 STAT. 2702 PUBLIC LAW 114–328—DEC. 23, 2016 

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 

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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2703 

Defense Agencies: Extension of 2014 Project Authorizations—Continued 

State/Country Installation or 

Location Project Amount 

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 


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130 STAT. 2704 PUBLIC LAW 114–328—DEC. 23, 2016 

the North Atlantic Treaty Organization as a result of construction 

previously financed by the United States. 

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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2705 

Republic of Korea Funded Construction Projects—Continued 

Country Component 

Installation 

or Location Project Amount 

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 

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 


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130 STAT. 2706 PUBLIC LAW 114–328—DEC. 23, 2016 

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 

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, 


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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: 

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 


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130 STAT. 2708 PUBLIC LAW 114–328—DEC. 23, 2016 

Air National Guard—Continued 

State Location Amount 

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 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. 


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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 


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130 STAT. 2710 PUBLIC LAW 114–328—DEC. 23, 2016 

National Guard and Reserve: Extension of 2014 Project 

Authorizations—Continued 

State Installation or 

Location Project Amount 

March Air Force 

Base ............... NOSC Moreno 

Valley Reserve 

Training Center ................... $11,086,000 

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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2711 

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. 

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. 


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130 STAT. 2712 PUBLIC LAW 114–328—DEC. 23, 2016 

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 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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2713 

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)’’. 

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’’. 


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130 STAT. 2714 PUBLIC LAW 114–328—DEC. 23, 2016 

(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. 

‘‘(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.’’. 

10 USC 2914 

note. 

10 USC 

prec. 2911. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2715 

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’’. 

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 


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130 STAT. 2716 PUBLIC LAW 114–328—DEC. 23, 2016 

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.’’. 

(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 

10 USC 2567. 


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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.— 

(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 


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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 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. 

10 USC 2556 

note. 


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(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: 

(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 


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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 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 


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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 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, 


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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.— 

(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 


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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. 

(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). 


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(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 

(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, 


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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 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, 


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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.— (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. 


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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. 

(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. 


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(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 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. 

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 rightof-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 rightof-way, 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— 


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(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 BoulevardColumbia 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 

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. 


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(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 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 


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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, 

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 


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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 in this section, grants to the United States, under the 

administrative jurisdiction of the Secretary, a restrictive use 

easement in the real property used for the St. Marys Airport, 

as determined acceptable by the Secretary, under such terms 

and conditions as the Secretary considers necessary to protect 

the interests of the United States and prohibiting the future 

use of such property for all aviation-related purposes and any 

other purposes deemed by the Secretary to be incompatible 

with the operations, functions, and missions of Naval Submarine Base, Kings Bay, Georgia. 

(3) 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. 


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(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. 

(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. 


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‘‘(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.’’. 

(3) CONFORMING AMENDMENT RELATING TO LAW ENFORCEMENT 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

AUTHORITY.—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 


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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 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 


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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 

status’’, 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 


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(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.— (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-of-way, of any applicable utility service provider in 

existence or for which an application is pending for existing 

facilities at the time of the conveyance or change to trust 

status, including the right to upgrade applicable utility 

services recognized and preserved, 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 


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their respective cultural and religious sites within Parcel 

1. Within 1 year after the date of the enactment of this 

section, the Zuni Tribe and the Navajo Nation shall 

exchange detailed information to document the existence 

of cultural and religious sites within Parcel 1 for the purpose of carrying out this subparagraph. The information 

shall also be provided to the Secretary of the Interior. 

(B) 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’). 

10 USC 4781 

note. 


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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, 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.’’. 


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(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.’’. 

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 

16 USC 423a–3. 

10 USC 113 note. 

10 USC 

prec. 4771. 


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(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 

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— 


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(1) by striking ‘‘Mike O’Callaghan Federal Medical Center’’ 

each place it appears and inserting ‘‘Mike O’Callaghan Military 

Medical Center’’; and 

(2) in the heading, by striking ‘‘MIKE O’CALLAGHAN’’ and 

all that follows and inserting ‘‘MIKE O’CALLAGHAN MILITARY

MEDICAL CENTER.’’. 

SEC. 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 ASIAPACIFIC 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. 


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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 

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. 


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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. 

(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.— 


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(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 

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 


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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; 

(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. 


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(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. 

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.— 


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(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 

(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 


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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. 

(f) EFFECT ON LIMITATION ON AMENDMENTS TO CERTAIN INDI- VIDUAL 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, 


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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. 

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. 


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(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. 

(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 non-Federal 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 


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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 Washington County, Utah, established under 

subtitle O of title I of the Omnibus Public Land 

Management 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 non-Federal 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 


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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 

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 

non-Federal 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. 


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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. 

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 


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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. 

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. 

50 USC 2773. 


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‘‘(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: 

‘‘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. 

50 USC 2661. 


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‘‘(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; 

‘‘(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.— 

50 USC 2512 

note. 


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(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. 

(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. 


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(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. 

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 


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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 otherwise made available for fiscal year 2017 for the 

National 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 


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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 

(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; 


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(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. 

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 

50 USC 2512 

note. 


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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. 

(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 LABORATORYDIRECTED 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). 

50 USC 2791 

note. 


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(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. 

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 

low-enriched 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 


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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. 

(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 nuclearrelated 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 


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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 

manner 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 ACTIVITIES.—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. 


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(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 

(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 SCHEDULE

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 


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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 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. 


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(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 

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 

high-level 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. 


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(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.). 

(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.— 


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(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 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


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130 STAT. 2772 PUBLIC LAW 114–328—DEC. 23, 2016 

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 

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.). 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2773 

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. 

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. 


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130 STAT. 2774 PUBLIC LAW 114–328—DEC. 23, 2016 

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— 

(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 Administration operations and programs, $58,694,000. 

(5) For expenses necessary to dispose of vessels in the National 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.— 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2775 

(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 

(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. 


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130 STAT. 2776 PUBLIC LAW 114–328—DEC. 23, 2016 

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 the Coast Guard, shall ensure that the Maritime Administrator 

takes all necessary actions— 

(1) to complete the design of a national security multimission 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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2777 

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— 

‘‘(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.— 

46 USC 51301 

note. 


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130 STAT. 2778 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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.’’. 

(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— 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2779 

(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.— 

(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. 


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130 STAT. 2780 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 VES- SELS.— ‘‘(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 

‘‘(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 MEMBERS.—(1) The Secretary and the Secretary of Defense shall enter 

into a memorandum of understanding regarding the submission 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2781 

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. 

(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). 


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130 STAT. 2782 PUBLIC LAW 114–328—DEC. 23, 2016 

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 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. 

46 USC 51318. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2783 

‘‘(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. 

‘‘(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; 


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130 STAT. 2784 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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

REQUIRED.—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.— 

‘‘(1) IN GENERAL.—For each Academy program year, the 

Superintendent shall submit to the Secretary a report that 

provides 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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2785 

‘‘(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: 

‘‘§ 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. 

46 USC 51319 

note. 


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130 STAT. 2786 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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.’’. 

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: 

46 USC 

prec. 51301. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2787 

(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. 

(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 


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130 STAT. 2788 PUBLIC LAW 114–328—DEC. 23, 2016 

(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. 

(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 

46 USC 51318 

note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2789 

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 

‘‘(C) if the individual has a medical or physical condition that disqualifies the individual from meeting the 

requirements referred to in subparagraph (A), shall be 

transferred 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; 

46 USC 51301 

note. 


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130 STAT. 2790 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 

(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. 


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(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). 

(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 


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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. 

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 missioncritical 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 

49 USC 109 note. 

49 USC 109 note. 


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(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 the Committee on Armed Services and the Committee on 

Transportation 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 


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(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. 

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’’. 

Pribilof Islands 

Transition 

Completion 

Amendments Act 

of 2016. 

16 USC 1151 

note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2795 

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: 

‘‘(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 nondirectional 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.— 


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‘‘(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— 

‘‘(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 metesand-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. 


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‘‘(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. 

‘‘(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 


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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, 

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 


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‘‘(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: 

‘‘(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 


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until all obligations for conveyances under that agreement have 

been met, and the obligation to maintain a Joint Management 

Board remains in effect. 

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. 

33 USC 894 note. 


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(e) GEOGRAPHIC DISTRIBUTION OF EQUAL EMPLOYMENT OPPORTUNITY 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.— 

(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. 

33 USC 894 note. 


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(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. 

(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. 


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(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) 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 alleged perpetrator of the sexual assault with a change 

33 USC 894c 

note. 

33 USC 894b 

note. 


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130 STAT. 2804 PUBLIC LAW 114–328—DEC. 23, 2016 

of station, 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. 

33 USC 894 note. 

33 USC 894 note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2805 

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 


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division may be transferred or reprogrammed under a transfer 

or reprogramming 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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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2807 

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 

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 (WOCV-WTCV) ................ 3,157 3,157 

SUPPORT EQUIPMENT & FACILITIES 


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130 STAT. 2808 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 ] 

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 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 

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 


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130 STAT. 2810 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 (JBC-P) ..................... 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 

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 SYSTEM-ARMY (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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2811 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2812 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 

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 ] 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2813 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2814 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 ] 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2815 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2816 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 

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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2817 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 

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 (NON-TEL) 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2818 PUBLIC LAW 114–328—DEC. 23, 2016 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2819 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2820 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2821 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2822 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 

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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2823 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 

071 CB PROTECTION & HAZARD MITIGATION ................................ 161,113 161,113 

TOTAL PROCUREMENT, DEFENSE-WIDE ................... 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 


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130 STAT. 2824 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 ] 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2825 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

COMM—INTELLIGENCE COMM 

047 CI AUTOMATION ARCHITECTURE .............................................. 1,550 1,550 

INFORMATION SECURITY 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2826 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 

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 (NON-TEL) 

019 ITEMS UNDER $5 MILLION (COMM & ELEC) ............................ 2,200 2,200 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2827 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2828 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 

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, DEFENSE-WIDE ................... 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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2829 

SEC. 4103. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 

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 ] 


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130 STAT. 2830 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4103. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 

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, DEFENSE-WIDE ................... 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 ] 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2831 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

007 0602122A TRACTOR HIP .................................................................... 6,995 6,995 

008 0602211A AVIATION TECHNOLOGY ................................................ 65,914 65,914 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2832 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.930,065 975,365 

ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES 

054 0603305A ARMY MISSLE DEFENSE SYSTEMS INTEGRATION 9,433 9,433 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2833 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

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 

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 (LOW-TIER) 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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2834 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2835 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2836 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

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 ] 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2837 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2838 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2839 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2840 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2841 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2842 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2843 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

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 

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 (FAB-T) 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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2844 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2845 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2846 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2847 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

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 

131 0605210D8Z DEFENSE-WIDE ELECTRONIC PROCUREMENT CAPABILITIES.9,881 9,881 

132 0303141K GLOBAL COMBAT SUPPORT SYSTEM .......................... 7,600 7,600 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2848 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

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 

186 0607327T GLOBAL THEATER SECURITY COOPERATION MANAGEMENT INFORMATION SYSTEMS (G-TSCMIS).7,861 7,861 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2849 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2850 PUBLIC LAW 114–328—DEC. 23, 2016 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2851 

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2017 Request 

Conference 

Authorized 

SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT.165,419 165,419 

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 ] 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2852 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2853 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 

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 ] 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2854 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 

E–6B and F–35 sustainment unfunded requirement ....................................................................... [16,000 ] 

Marine Corps unfunded requirement—accelerate 

readiness - KC–130J ............................................ [6,800 ] 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2855 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2856 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 

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 requirementSPMAGTF—C4 UUNS ......................................... [8,250 ] 

Nano/VTOL unfunded requirement ........................ [14,200 ] 

030 DEPOT MAINTENANCE ............................................... 206,783 214,583 

Depot maintenance unfunded requirement ........... [7,800 ] 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2857 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2858 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2859 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2860 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2861 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

TOTAL OPERATION & MAINTENANCE, 

ANG ................................................................... 6,703,578 6,634,178 

OPERATION & MAINTENANCE, DEFENSEWIDE 

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 CounterDrug 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 

320 WASHINGTON HEADQUARTERS SERVICES .......... 629,874 629,874 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2862 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2863 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2864 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2865 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 

010 OPERATING FORCES ........................................................ 2,500 2,500 

040 BASE OPERATING SUPPORT .......................................... 804 804 

SUBTOTAL OPERATING FORCES ....................... 3,304 3,304 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2866 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2867 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 

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 ] 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2868 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS FOR 

BASE REQUIREMENTS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 

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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2869 

SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS FOR 

BASE REQUIREMENTS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 ] 

SUBTOTAL OPERATING FORCES ....................... 1,000 

TOTAL OPERATION & MAINTENANCE, MC 

RESERVE .............................................................. 1,000 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2870 PUBLIC LAW 114–328—DEC. 23, 2016 

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, 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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2871 

SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS FOR 

BASE REQUIREMENTS 

(In Thousands of Dollars) 

Line Item FY 2017 

Request 

Conference 

Authorized 

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 

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 ] 


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130 STAT. 2872 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4403. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS 

(In Thousands of Dollars) 

Item FY 2017 

Request 

Conference 

Authorized 

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 

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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2873 

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Program Title FY 2017 

Request 

Conference 

Authorized 

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 

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 


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130 STAT. 2874 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Program Title FY 2017 

Request 

Conference 

Authorized 

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 

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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2875 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2017 Request 

Conference 

Authorized 

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 

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 


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130 STAT. 2876 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2017 Request 

Conference 

Authorized 

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 

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 

AF Joint Base Elmendorf-Richardson 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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2877 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2017 Request 

Conference 

Authorized 

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 

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 


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130 STAT. 2878 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2017 Request 

Conference 

Authorized 

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 

AF Hill AFB F–35A Munitions Maintenance Complex 10,100 10,100 

Virginia 

AF Joint Base Langley-Eustis Air Force Targeting Center ...................... 45,000 45,000 

AF Joint Base Langley-Eustis 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 Elmendorf-Richardson 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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2879 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2017 Request 

Conference 

Authorized 

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 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2880 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2017 Request 

Conference 

Authorized 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2881 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2017 Request 

Conference 

Authorized 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2882 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2017 Request 

Conference 

Authorized 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2883 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2884 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2017 Request 

Conference 

Authorized 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2885 

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 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2886 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2017 Request 

Conference 

Authorized 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2887 

SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2017 Request 

Conference 

Authorized 

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 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 2888 PUBLIC LAW 114–328—DEC. 23, 2016 

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 

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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2889 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2017 

Request 

Conference 

Authorized 

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 

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 


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130 STAT. 2890 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2017 

Request 

Conference 

Authorized 

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 

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 Chemistry and metallurgy research replacement project, LANL ........................................... 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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2891 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2017 

Request 

Conference 

Authorized 

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 

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 


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130 STAT. 2892 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2017 

Request 

Conference 

Authorized 

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 

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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2893 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2017 

Request 

Conference 

Authorized 

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 

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 


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130 STAT. 2894 PUBLIC LAW 114–328—DEC. 23, 2016 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2017 

Request 

Conference 

Authorized 

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’’. 

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)— 

Military Justice 

Act of 2016. 

10 USC 101 note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2895 

‘‘(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— 

(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).’’. 


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130 STAT. 2896 PUBLIC LAW 114–328—DEC. 23, 2016 

(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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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2897 

‘‘§ 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 


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130 STAT. 2898 PUBLIC LAW 114–328—DEC. 23, 2016 

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 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: 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2899 

‘‘(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)). 

‘‘(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 noncriminal forum. A finding of guilty at a summary court-martial 

does not constitute a criminal conviction.’’. 

TITLE LV—COMPOSITION OF COURTSMARTIAL 

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 


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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.’’. 

(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 noncapital 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.’’. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2901 

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’’. 

(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): 


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130 STAT. 2902 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘§ 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 

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; 

10 USC 826a 

note. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2903 

‘‘(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. 

‘‘(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 

court-martial in a capital case; 

‘‘(B) fewer than six members with respect to a general 

court-martial 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. 


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130 STAT. 2904 PUBLIC LAW 114–328—DEC. 23, 2016 

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— 

‘‘(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. 

10 USC 830a. 


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‘‘(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.’’. 

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 courtmartial 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 


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130 STAT. 2906 PUBLIC LAW 114–328—DEC. 23, 2016 

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. 

‘‘(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: 


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‘‘§ 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 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. 


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‘‘(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.’’. 

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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2909 

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 

(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. 


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130 STAT. 2910 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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.’’. 

(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 CONSISTENCY.—Such section (article) is further amended— 

(1) in subsection (a), by inserting ‘‘NO LIMITATION FOR

CERTAIN 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

OFFENSES 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 INSUFFICIENT 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); 

10 USC 843 note. 


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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. 

‘‘(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); 

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.’’. 


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130 STAT. 2912 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 

‘‘(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— 


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(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 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— 


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130 STAT. 2914 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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: 

‘‘(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: 


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‘‘(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. 

‘‘(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— 


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(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)— 

(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 

court-martial 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 threefourths 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.— 


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‘‘(A) SENTENCING BY MILITARY JUDGE.—Except as provided in subparagraph (B), and in subsection (c) for capital 

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 courtmartial 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— 

10 USC 853a. 


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‘‘(1) contains a provision that has not been accepted by 

both parties; 

‘‘(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; 


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‘‘(ii) to promote respect for the law; 

‘‘(iii) to provide just punishment for the offense; 

‘‘(iv) to promote adequate deterrence of misconduct; 

‘‘(v) to protect others from further crimes by the 

accused; 

‘‘(vi) to rehabilitate the accused; and 

‘‘(vii) to provide, in appropriate cases, the opportunity for retraining and return to duty to meet the 

needs of the service; and 

‘‘(D) the sentences available under this chapter. 

‘‘(2) 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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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2921 

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 courtmartial sentence is effective when the convening authority acts 

on the sentence. 


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‘‘(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 

court-martial 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 

‘‘(iii) review is completed in accordance with the 

judgment of the Court of Appeals for the Armed Forces 

and— 


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‘‘(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 court-martial 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 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. 


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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. 

10 USC 860a 

note. 


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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 SEN- TENCES 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 RECOMMENDATION 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. 

‘‘(e) SUBMISSIONS BY ACCUSED AND VICTIM.—(1) In accordance 

with rules prescribed by the President, in determining whether 


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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. 

‘‘(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. 

10 USC 860b 

note. 


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‘‘(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 COURTMARTIAL.—(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— 

‘‘(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. 

10 USC 860c 

note. 


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‘‘(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 posttrial 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)— 

(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: 


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‘‘(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: 

‘‘§ 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). 


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130 STAT. 2930 PUBLIC LAW 114–328—DEC. 23, 2016 

(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 COURT- MARTIAL.—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 

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). 


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‘‘(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 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.’’. 


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130 STAT. 2932 PUBLIC LAW 114–328—DEC. 23, 2016 

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. 

‘‘(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— 


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‘‘(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. 

‘‘(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 


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‘‘(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)’’; 

(4) in subsection (i), as so redesignated, by inserting 

‘‘PROHIBITION 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)’’; 


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(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. 

‘‘(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 


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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.’’. 

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.’’. 


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(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. 

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. 


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130 STAT. 2938 PUBLIC LAW 114–328—DEC. 23, 2016 

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 ESCAPE.— 

Section 895 (article 95) is transferred so as to appear after 

section 887 (article 87) and is redesignated as section 887a 

(article 87a). 

(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). 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2939 

(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. 

‘‘(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 


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130 STAT. 2940 PUBLIC LAW 114–328—DEC. 23, 2016 

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 MIS- BEHAVIOR 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 

‘‘(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.’’. 

10 USC 884. 

10 USC 883. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2941 

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.’’. 

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.’’. 

10 USC 887b. 


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130 STAT. 2942 PUBLIC LAW 114–328—DEC. 23, 2016 

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 

‘‘(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, 

10 USC 893a. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2943 

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, 

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 

10 USC 895a. 


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130 STAT. 2944 PUBLIC LAW 114–328—DEC. 23, 2016 

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 LOOK- OUT.—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’’. 

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): 

10 USC 904. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2945 

‘‘§ 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 courtmartial 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. 

‘‘(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

INTENT 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 

10 USC 906a. 

10 USC 906. 

10 USC 905a. 


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130 STAT. 2946 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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): 

‘‘§ 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 

10 USC 909a. 

10 USC 907a. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2947 

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— 

‘‘(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. 

10 USC 911. 


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‘‘(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— 

‘‘(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 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2949 

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.’’. 

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— 

10 USC 919b. 


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130 STAT. 2950 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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 

(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 


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‘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. 

‘‘(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 

10 USC 921b. 

10 USC 921a. 

10 USC 920a. 


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130 STAT. 2952 PUBLIC LAW 114–328—DEC. 23, 2016 

at the time of the robbery, is guilty of robbery and shall be punished 

as a court-martial 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 

‘‘(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— 

10 USC 924a. 

10 USC 923. 

10 USC 922a. 


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‘‘(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 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 

10 USC 924b. 


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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; 

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 


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‘‘(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 

service, 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 


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‘‘(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.’’. 

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 

10 USC 931c. 

10 USC 931b. 


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‘‘(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.’’. 

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): 

10 USC 931g. 

10 USC 931e. 

10 USC 931d. 


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130 STAT. 2958 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘§ 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. 

‘‘(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. 

10 USC 932. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2959 

‘‘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. 

‘‘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. 


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130 STAT. 2960 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘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— 

(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: 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2961 

‘‘(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 

‘‘(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.— 10 USC 940a 

note. 

10 USC 940a. 


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130 STAT. 2962 PUBLIC LAW 114–328—DEC. 23, 2016 

(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. 

‘‘(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. 


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PUBLIC LAW 114–328—DEC. 23, 2016 130 STAT. 2963 

‘‘(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 House of Representatives through the 

Secretary of Defense a report 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. 


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130 STAT. 2964 PUBLIC LAW 114–328—DEC. 23, 2016 

‘‘(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. 

‘‘(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 

10 USC 946a. 


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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 

(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— 10 USC 

prec. 830. 

10 USC 

prec. 822. 

10 USC 

prec. 807. 


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130 STAT. 2966 PUBLIC LAW 114–328—DEC. 23, 2016 

(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— 

(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.’’; 

10 USC 

prec. 859. 

10 USC 

prec. 855. 

10 USC 

prec. 836. 


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(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. 

(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 courtmartial before the effective date of such amendments. Proceedings in any such case shall be held in the same manner 

10 USC 801 note. 

10 USC 

prec. 941. 

10 USC 

prec. 935. 


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130 STAT. 2968 PUBLIC LAW 114–328—DEC. 23, 2016 

LEGISLATIVE HISTORY—S. 2943 (H.R. 4909): 

HOUSE REPORTS: Nos. 114–840 (Comm. of Conference) and 114–537, Pt. 2 

(Comm. on Armed Services) accompanying H.R. 4909. 

SENATE REPORTS: No. 114–255 (Comm. on Armed Services). 

CONGRESSIONAL RECORD, Vol. 162 (2016): 

June 6–10, 13, 14, considered and passed Senate. 

July 7, considered and passed House, amended, in lieu of H.R. 4909, pursuant to H. Res. 809. 

Dec. 2, House agreed to conference report. 

Dec. 7, 8, Senate considered and agreed to conference report. 

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2016): 

Dec. 23, Presidential statement. 

Æ 

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. 

Approved December 23, 2016. 


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