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Compliance with rules of the House of Representatives and Senate 

regarding earmarks and congressionally directed spending items

Pursuant to clause 9 of rule XXI of the Rules of the House 

of Representatives and Rule XLIV(3) of the Standing Rules of the 

Senate, neither this conference report nor the accompanying 

joint statement of managers contains any congressional earmarks, 

congressionally directed spending items, limited tax benefits, 

or limited tariff benefits, as defined in such rules.

Summary of discretionary authorizations and budget implication

The budget request for national defense discretionary 

programs within the jurisdiction of the Committees on Armed 

Services of the Senate and the House of Representatives for 

fiscal year 2016 was $604.2 billion. Of this amount, $534.2 

billion was requested for base Department of Defense programs, 

$50.9 billion was requested for overseas contingency operations, 

and $19.0 billion was requested for national security programs 

in the Department of Energy and the Defense Nuclear Facilities 

Safety Board. 

The conference agreement would authorize $604.2 billion in 

fiscal year 2016, including $496.4 billion for base Department 

of Defense programs, $89.2 billion for overseas contingency 

operations, and $18.6 billion for national security programs in 

the Department of Energy and the Defense Nuclear Facilities 

Safety Board.

The two tables preceding the detailed program adjustments 

in Division D of the accompanying joint statement of managers 

summarize the discretionary authorizations in the agreement and 

the equivalent budget authority levels for fiscal year 2016 

defense programs.

Budgetary effects of this Act (sec. 4)

The Senate committee-reported bill contained a provision 

(sec. 4) that would require the budgetary effects of this Act be 

determined in accordance with the procedures established in 

title I of the Statutory Pay-As-You-Go Act of 2010 (Public Law 

111-139).

The House bill contained no similar provision. 

The agreement includes the Senate provision.
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DIVISION A—DEPARTMENT OF DEFENSE 

AUTHORIZATIONS

TITLE I—PROCUREMENT

BUDGET ITEMS

ARMY

Stryker vehicle lethality upgrades

The House bill contained an increase in funding for 

Stryker vehicle lethality upgrades of $35.0 million in Research, 

Development, Test & Evaluation, Army and $44.5 million in 

Procurement of Weapons and Tracked Combat Vehicles, Army 

respectively.

The Senate amendment contained an increase in these same 

funding areas of $97.0 million and $314.0 million, respectively. 

The conference report, in Sections 4101 and 4102, includes 

increased funding in line with the Senate amendment.

The conferees support the Army’s plan to upgrade 81 

Stryker vehicles with increased lethality as requested by the 

U.S. Army Europe in a recent Operational Need Statement. The 

conferees understand the urgency for this requirement given 

heightened security concerns of our NATO partners due to Russian 

aggression in Ukraine. As such, the conferees expect the rapid 

production of fully serviceable, upgraded Strykers. In order to 

meet the compressed timeline for fielding upgraded Strykers to 

the 2nd Cavalry Regiment, the conferees expect the Army to 

manage this program with dispatch and efficiency. Identified 

risks associated with cost, schedule, and performance are to be 

managed with focused controls and leadership. The conferees 

view this initiative, which is intended to increase the combat 

power of a forward deployed unit, as an opportunity to succeed 

in accordance with significant acquisition reforms illustrated 

in many provisions within this bill. 

With regard to cost, the conferees note the Army currently 

plans on starting with existing chassis of Stryker vehicles 

discarded during the upgrade to Double V Hull (DVH) Strykers. 

This approach appears to add significantly to the unit cost for 

the lethality upgrades which the Army has informed the defense 

committees may be approximately $4.5 million per vehicle. The 

conferees note that the Army already has extensive upgrade 

programs for the Stryker vehicle to include additional DVH 
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Strykers and the Engineering Change Proposal modernization 

program. It is unclear if the Army ultimately plans on adding 

the lethality initiative to DVH Strykers, including those 

equipped with the Engineering Change Proposal upgrade. The 

conferees are concerned that simply adding a broad Stryker 

lethality package for the Army’s Stryker Brigade Combat Teams 

could add billions of dollars to the already stressed resources 

of the combat vehicle portfolio. Therefore, the committee 

encourages the Army to reduce the unit cost of the Stryker 

lethality upgrade program and evaluate ways to more efficiently 

pursue upgrades to the Stryker vehicle fleet and Stryker Brigade 

Combat Teams.

AIR FORCE

C-130H Modifications

The base budget request included $7.0 million in Aircraft 

Procurement, Air Force, Line 44 for C-130. 

The House bill authorized a funding increase in that line 

item of $73.2 million for the restructured C-130 Avionics 

Modernization Program (AMP) Increments I and II ($10.0 million), 

T-56 3.5 Engine Modification ($33.2 million), and Eight-bladed 

Propeller ($30.0 million). 

The Senate amendment would authorize an increase in that 

line item by $123.2 million for the restructured C-130 AMP 

Increments I and II ($75.0 million), T-56 3.5 Engine 

Modification ($33.2 million), Electronic Propeller Control 

System ($13.5 million), and In-flight Propeller Balancing System 

certification ($1.5 million). 

The agreement authorizes a total funding increase for 

Aircraft Procurement, Air Force, Line 44 of $139.2 million for 

the restructured C-130 AMP Increments I and II ($75.0 million), 

T-56 3.5 Engine Modification ($33.2 million), Eight-Bladed 

Propeller ($16.0 million), Electronic Propeller Control System 

($13.5 million), and In-flight Propeller Balancing System 

certification ($1.5 million). 

SUBTITLE A—AUTHORIZATION OF APPROPRIATIONS

Authorization of appropriations (sec. 101)

The House bill contained a provision (sec. 101) that would 

authorize the appropriations for procurement activities at the 

levels identified in section 4101 of division D of this Act.
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The Senate bill contained an identical provision (sec. 

101). 

The conference agreement includes this provision.

SUBTITLE B—ARMY PROGRAMS

Prioritization of upgraded UH-60 Blackhawk helicopters within 

Army National Guard (sec. 111)

The House bill contained a provision (sec. 112) that would 

require the Chief of the National Guard Bureau to issue guidance 

that prioritizes UH-60 helicopter upgrades within the Army 

National Guard to those units with the highest flight hour 

aircraft and highest utilization rates, as well as require the 

Chief to submit a report to the congressional defense committees 

within 30 days after issuing such guidance, that describes such 

guidance.

The Senate amendment contained no similar provision.

The Senate recedes.

Roadmap for replacement of A/MH–6 Mission Enhanced Little Bird 

aircraft to meet special operations requirements (sec. 112)

The House bill contained a provision (sec.142) that would 

direct the Secretary of Defense to submit to the congressional 

defense committees a strategy for the replacement of the A/MH-6 

Mission Enhanced Little Bird aircraft to meet requirements 

particular to special operations for future rotary-wing, light 

attack, and reconnaissance requirements.

The Senate amendment contained no similar provision.

The Senate recedes with a clarifying amendment. 

Report on Options to Accelerate Replacement of UH-60A Blackhawk 

Helicopters of Army National Guard (sec. 113)

The House bill contained a provision (sec. 113) that would 

require the Secretary of the Army to submit a report to the 

congressional defense committees by March 1, 2016, containing 

detailed options for the potential acceleration of the 

replacement of all UH-60A helicopters of the Army National 

Guard. 

The Senate amendment contained no similar provision.

The Senate recedes.

Sense of Congress on Tactical Wheeled Vehicle Protection Kits 

(sec. 114)
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The House bill contained a provision (sec. 114) that would 

express the sense of Congress regarding the survivability and 

operational performance benefits provided by tactical wheeled 

vehicle add-on armor protection kits for the Army’s heavy 

tactical wheeled vehicle fleet.

The Senate amendment contained no similar provision.

The Senate recedes.

SUBTITLE C—NAVY PROGRAMS

Modification of CVN–78 class aircraft carrier program (sec. 121)

The Senate amendment contained a provision (sec. 114) that 

would amend subsection (f) of section 122 of the John Warner 

National Defense Authorization Act for Fiscal Year 2007 (Public 

Law 109–364; 120 Stat. 2104), as added by section 121(c) of the 

National Defense Authorization Act for Fiscal Year 2014 (Public 

Law 113–66; 127 Stat. 692), by adding a reporting requirement to 

the USS John F. Kennedy (CVN-79) quarterly report. Beginning 

January 1, 2016, the Secretary of the Navy would be required to 

submit, as part of the CVN-79 quarterly report, a description of 

new design and engineering changes to CVN-78 class aircraft 

carriers that exceed $5.0 million and occurred during the 

reporting period. The provision would require the report to 

include program or ship cost increases for each design or 

engineering change and any cost reduction achieved. The 

Secretary of the Navy and Chief of Naval Operations would each 

be required to sign this additional reporting requirement and 

would be precluded from delegating the certification. The 

required certification would have to include a determination 

that each change serves the national security interests of the 

United States; cannot be deferred to a future ship due to 

operational necessity, safety, or substantial cost reduction; 

and was reviewed and endorsed by the Secretary of the Navy and 

Chief of Naval Operations. 

The House bill contained no similar provision.

The House recedes with a technical amendment.

Amendment to cost limitation baseline for CVN-78 class aircraft 

carrier program (sec. 122)

The Senate amendment contained a provision (sec. 111) that 

would further amend section 122 of the John Warner National 

Defense Authorization Act for Fiscal Year 2007 (Public Law 109–

364) as amended by section 121(a) of the National Defense 

Authorization Act for Fiscal Year 2014 (Public Law 113–66) by 

adjusting the procurement cost cap for USS John F. Kennedy (CVN–
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79) and subsequent CVN-78 class aircraft carriers from 

$11,498,000,000 to $11,398,000,000.

The House bill contained no similar provision.

The House recedes with an amendment that would add an 

additional amendment to section 121(b) of the John Warner 

National Defense Authorization Act for Fiscal Year 2007 (Public 

Law 109–364), as amended by section 121(a) of the National

Defense Authorization Act for Fiscal Year 2014 (Public Law 113-

66). The conferees recognize that the Department of the Navy 

has made considerable gains in controlling the cost of CVN-78 

class aircraft carriers and believe further efforts at cost 

reduction are warranted. The current cost cap and cost estimate 

for CVN-79 is $11.5 billion, which includes only limited program 

management reserve for unforeseeable issues during CVN-79 

construction. The conferees expect the Department to continue 

to employ efforts to reduce costs on this ship class and 

accordingly are lowering the Congressional cap to $11.4 billion. 

However, if during construction of CVN-79 the Chief of Naval 

Operations determines that measures required to complete the 

ship within the revised cost cap shall result in an unacceptable 

reduction to the ship’s operational capability, the Secretary of 

the Navy may increase the CVN-79 cost cap up to $11.5 billion. 

If such action is taken, the Secretary of the Navy shall adhere 

to the notification requirements specified in section 121(d) of 

the John Warner National Defense Authorization Act for Fiscal 

Year 2007 (Public Law 109–364). 

The conferees note that section 122 of the John Warner 

National Defense Authorization Act for Fiscal Year 2007 (Public 

Law 109–364) set the cost cap for the lead ship at $10.5 

billion, plus adjustments for inflation and other factors, and 

at $8.1 billion for subsequent CVN-78 class carriers, plus 

adjustments for inflation and other factors. Section 122 was 

amended by section 121(a) of the National Defense Authorization 

Act for Fiscal Year 2014 (Public Law 113-66), which revised the 

cost cap for the lead ship to $12.9 billion, plus adjustments 

for inflation and other factors, and to $11.5 billion for 

subsequent CVN-78 class carriers, plus adjustments for inflation 

and other factors. The conferees understand 90 percent or $3.1 

billion of the $3.4 billion increase in the cost cap for followon ships is attributable to economic inflation, which includes 

actual inflation realized and updated projections of future 

inflation based on Navy shipbuilding inflation indices. In view 

of this significant cost growth attributed to inflation, the 

Congressional Budget Office is directed to provide a report to 

the congressional defense committees no later than December 1, 

2015 that includes the following elements:
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(1) Explanation of how inflation was calculated and 

projected in the cost estimates for CVN-78 class aircraft 

carriers in each annual budget from fiscal year 2007 to fiscal 

year 2015; 

(2) Description of inflation rates for CVN-78, CVN79, and CVN-80, by fiscal year, from fiscal year 2007 until the 

obligation work limiting date for each ship;

(3) Comparison of projected inflation rates vs. 

actual inflation rates for CVN-78 class aircraft carriers, by 

fiscal year, from fiscal year 2007 to fiscal year 2015;

(4) Explanation of the key factors that are used to 

plan for and calculate current and projected inflation rates for 

CVN-78 class aircraft carrier cost estimates;

(5) Explanation of root causes of inflation 

escalation above the planned inflation assumed in CVN-78 class 

aircraft carrier cost estimates; and

(6) Component-level explanation of the $3.1 billion 

increase in the cost estimate for CVN-79 and following aircraft 

carriers attributable to economic inflation.

Extension and modification of limitation on availability of 

funds for Littoral Combat Ship (sec. 123)

The Senate amendment contained a provision (sec. 116) that 

would amend section 123 of the Carl Levin and Howard P. "Buck" 

McKeon National Defense Authorization Act for Fiscal Year 2015 

(Public Law 113–291) by extending the limitation on funds for 

LCS-25 and LCS-26 until pre-existing requirements are met and 

would additionally require the Navy to provide to the

congressional defense committees the following: an acquisition 

strategy for LCS-25 through LCS-32; a LCS mission module 

acquisition strategy; a plan to outfit Flight 0 and Flight 0+ 

Littoral Combat Ships with capabilities identified for the 

upgraded Littoral Combat Ship; and a current test and evaluation 

master plan for the Littoral Combat Ship mission modules. 

The House bill contained no similar provision.

The House recedes.

Modification to multiyear procurement authority for Arleigh 

Burke-class destroyers and associated systems (sec. 124)

The House bill contained a provision (sec. 121) that would 

amend section 123(a) of the National Defense Authorization Act 

for Fiscal Year 2013 (Public Law 112–239) to clarify that the 

Secretary of the Navy has the authority to procure Flight III 

destroyers as part of the existing Arleigh Burke-class multiyear 

procurement authority.
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The Senate amendment contained no similar provision.

The Senate recedes.

The Senate report accompanying S. 3254 (S. Rept. 112-173) 

of the National Defense Authorization Act for Fiscal Year 2013 

described Senate intent regarding the current multiyear 

procurement authority for Arleigh Burke-class destroyers and 

associated systems. The Senate report supported the change to 

buying Flight III destroyers through an engineering change 

proposal and the inclusion of such ships in the multiyear 

procurement authority, following submission of a specified 

report. The House report accompanying H.R. 1960 (H. Rept. 113-

102) of the National Defense Authorization Act for Fiscal Year 

2014 expressed concern about the physical limitations associated 

with the integration of the Air and Missile Defense Radar on the 

Flight III version of the Arleigh Burke-class destroyer and 

requested a report to assess this integration process. Having 

received the required reports, the conferees support the changes 

proposed by the Secretary of the Navy to integrate the Air and 

Missile Defense Radar into the Arleigh Burke-class destroyers 

and the addition of these Flight III ships to the current 

Arleigh Burke-class multiyear procurement contract.

Procurement of additional Arleigh Burke class destroyer (sec. 

125)

The Senate amendment contained a provision (sec. 117) that 

would allow the Secretary of the Navy to enter into a contract 

beginning with the fiscal year 2016 program year for the 

procurement of 1 Arleigh Burke-class destroyer in addition to 

the 10 DDG–51s in the fiscal year 2013 through 2017 multiyear 

procurement contract or for 1 DDG–51 in fiscal year 2018. The 

Secretary may employ incremental funding for such procurement.

The House bill contained no similar provision.

The House recedes.

Refueling and complex overhaul of the USS George Washington 

(sec. 126)

The House bill contained a provision (sec. 122) that would 

provide economic order quantity authority for the construction 

of two Ford-class aircraft carriers and incremental funding 

authority for the nuclear refueling and complex overhaul of five 

Nimitz-class aircraft carriers.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would limit new 

aircraft carrier program procurement authority to the nuclear 
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refueling and complex overhaul of USS George Washington (CVN73).

The Department of the Navy awarded a detail design and 

construction contract for the USS John F. Kennedy (CVN-79) on 

June 5, 2015. At the time of award, Program Executive Officer 

(PEO), Aircraft Carriers, Rear Admiral Thomas Moore, indicated 

"... with a stable design, mature requirements and an improved 

build process, we will reduce construction hours by 18 percent, 

lower the cost to build the ship by almost $1 billion in real 

terms compared to CVN-78 ...". Following $2.4 billion in cost 

growth on the lead ship, CVN-78, the conferees are encouraged by 

the ongoing collaboration between the Department of the Navy and 

industry to achieve cost reductions. The conferees note that 

other ship construction programs have been able to reduce costs 

through acquisition efficiencies and economic order decisions. 

Therefore, to better assess acquisition options, the conferees 

direct the Secretary of the Navy to submit a report to the 

congressional defense committees by March 1, 2016, that provides 

an assessment of the merits associated with using economic order 

quantity procurement with CVN-80 and CVN-81. This report should 

assess the specific aircraft carrier components that would be 

best suited to include in a potential economic order quantity 

contract, and the estimated cost savings that could be achieved 

using this procurement authority.

Fleet replenishment oiler program (sec. 127)

The Senate amendment contained a provision (sec. 118) that 

would grant the Secretary of the Navy contracting authority to 

procure up to six fleet replenishment oilers (T–AO(X)). This new 

ship class is a non-developmental recapitalization program based 

on existing commercial technology and standards. The ship design 

is considered to be low risk by the Navy, with the design 

scheduled to be complete prior to the start of construction on 

the lead ship. This provision would enable an estimated $45.0 

million in savings per ship, for ships 2-6, for a total of 

$225.0 million in savings compared to current annual procurement 

cost estimates. 

The House bill contained no similar provision.

The House recedes.

Limitation on availability of funds for USS John F. Kennedy 

(CVN-79) (sec. 128)

The Senate amendment contained a provision (sec. 112) that 

would limit $100.0 million in Shipbuilding and Conversion, Navy 

procurement funds for USS John F. Kennedy (CVN–79) subject to 
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the submission of a certification regarding full ship shock 

trials and two reports.

The House bill contained no similar provision.

The House recedes with an amendment that would provide the 

Secretary of Defense with waiver authority to delay full ship 

shock trials on the USS Gerald R. Ford (CVN-78) until after the 

ship's first deployment but prior to the first major maintenance 

availability.

Limitation on availability of funds for USS Enterprise (CVN-80) 

(sec. 129)

The Senate amendment contained a provision (sec. 113) that 

would limit $191.4 million in advance procurement funds for USS 

Enterprise (CVN-80), until the Secretary of the Navy submits a 

certification and report to the Committees on Armed Services of 

the Senate and of the House of Representatives. $191.4 million 

is the sum of funding requested for plans (detailed) and basic 

construction for CVN-80. 

The House bill contained no similar provision.

The House recedes with an amendment that would require 

submission of the certification and report to all four 

congressional defense committees, as well as require the 

certification be provided within 90 days of enactment of this 

Act.

Limitation on availability of funds for Littoral Combat Ship 

(sec. 130)

The Senate amendment contained a provision (sec. 115) that 

would limit 75 percent of fiscal year 2016 funds for research 

and development, design, construction, procurement or advance 

procurement of materials for the upgraded Littoral Combat Ships 

(LCS), designated as LCS-33 and subsequent, until the Secretary 

of the Navy submits to the Committees on Armed Services of the 

Senate and of the House of Representatives: a capabilities-based 

assessment to assess capability gaps and associated capability 

requirements and risks for the upgraded LCS, an updated 

capabilities development document for the upgraded LCS, and a 

report describing the upgraded LCS modernization. 

The House bill contained no similar provision.

The House recedes with an amendment that changes the 

limitation to 50 percent of fiscal year 2016 funds and allows 

for a capabilities-based assessment or equivalent report. 

Reporting requirement for Ohio-class replacement submarine 

program (sec. 131)
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The Senate amendment contained a provision (sec. 119) that

would require the Secretary of Defense to submit Ohio-class 

replacement submarine cost tracking information, together with 

annual budget justification materials. While the first Ohioclass replacement submarine is not planned to be authorized 

until fiscal year 2021, the national importance of this program 

and significant cost will continue to merit close oversight by 

the congressional defense committees. 

The House bill contained no similar provision.

The House recedes.

SUBTITLE D—AIR FORCE PROGRAMS

Backup inventory status of A-10 aircraft (sec. 141)

The House bill contained a provision (sec. 132) that would 

amend section 133(b)(2)(A) of the Carl Levin and Howard P. 

“Buck” McKeon National Defense Authorization Act for Fiscal Year 

2015 (Public Law 113–291; 128 Stat. 3316) to where the Secretary 

of the Air Force may not move more than 18 A–10 aircraft in the 

active component to backup flying status pursuant to an 

authorization made by the Secretary of Defense under such 

section.

The Senate amendment contained no similar provision.

The Senate recedes.

Prohibition on availability of funds for retirement of A-10 

aircraft. (sec. 142)

The House bill contained a provision (sec. 133) that would 

prohibit the use of any funds during fiscal year 2016 to retire,

prepare to retire, or place in storage any A–10 aircraft. The 

provision would also require the Secretary of the Air Force to 

maintain a minimum of 171 A-10 aircraft in primary mission 

aircraft inventory (combat-coded) status. The provision would 

also direct the Secretary of the Air Force to commission an 

independent entity outside the Department of Defense to conduct 

an assessment of the required capabilities and mission platform 

to replace the A-10 aircraft. 

The Senate amendment contained a similar provision (sec. 

134).

The Senate recedes with an amendment that aligns technical 

provisions of both versions and refers to sec. 141 regarding 

moving A-10 aircraft to backup inventory status.
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Prohibition on availability of funds for retirement of EC-130H 

Compass Call aircraft (sec. 143)

The House bill contained a provision (sec. 134) that would 

prohibit funds authorized to be appropriated by this Act or 

otherwise made available for fiscal year 2016 for the Department 

of the Air Force to be obligated or expended to retire, prepare 

to retire, or place in storage or on back up flying status any 

EC-130H aircraft. The provision would also require the Secretary 

of the Air Force to commission an assessment of the required 

capabilities or mission platform to replace the EC-130H 

aircraft, and to submit a report on that assessment to the 

congressional defense committees not later than September 30, 

2016, and would also prohibit the Secretary of the Air Force 

from retiring, preparing to retire, placing in storage or 

placing on back up flying status any EC-130H aircraft until 60 

days after the Secretary submits the specified report. 

The Senate bill contained a similar provision (sec. 135).

The Senate recedes with an amendment changing the 

prohibition limitation date to December 31, 2016, and combining 

the report requirements from the House and Senate versions.

Prohibition on availability of funds for retirement of Joint 

Surveillance Target Attack Radar System, EC-130H Compass Call, 

and Airborne Warning and Control System aircraft (sec. 144)

The Senate amendment contained a provision (sec. 138) that 

would limit the retirement of Joint Surveillance Target Attack 

Radar System (JSTARS), EC-130H Compass Call, and Airborne Early 

Warning and Control System (AWACS) aircraft until the follow-on 

replacement aircraft program enters low-rate initial production.

The House bill contained no similar provision.

The House recedes with an amendment to change the 

provision to apply only in fiscal years 2016 or 2017, and other 

technical clarifications. The provision would not apply to 

individual aircraft if the Secretary of the Air Force, on a 

case-by-case basis, determines an individual aircraft to be nonoperational because of mishaps, other damage, or being 

uneconomical to repair.

Limitation on availability of funds for F-35A aircraft 

procurement (sec. 145)

The Senate amendment contained a provision (sec. 133) that 

would limit the availability of fiscal year 2016 funds for F-35A 

procurement to not more than $4.3 billion until the Secretary of 

Defense certifies to the congressional defense committees that 
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F-35A aircraft delivered in fiscal year 2018 will have full 

combat capability with currently planned Block 3F hardware, 

software, and weapons carriage. 

 The House bill contained no similar provision. 

 The House recedes with an amendment to amend the 

certification level from the Secretary of Defense to the 

Secretary of the Air Force, and to amend the effective date of 

certification criteria from “full combat capability as currently 

planned...” to “full combat capability, as determined on the 

date of enactment of this Act...” 

Prohibition on availability of funds for retirement of KC-10 

aircraft (sec. 146) 

 The House bill contained a provision (sec. 135) that would 

prohibit any funds authorized to be appropriated by this Act or 

otherwise made available for fiscal year 2016 for the Air Force 

to be obligated or expended during such fiscal year to divest or 

transfer, or prepare to divest or transfer, KC-10 aircraft. 

 The Senate bill contained no similar provision. 

 The Senate recedes with an amendment to change the 

provision to apply only in fiscal years 2016 or 2017. The 

provision would not include the prohibition on transfer of 

aircraft, and would not apply to an individual KC-10 aircraft if 

the Secretary of the Air Force, on a case-by-case basis, 

determines the aircraft to be non-operational because of 

mishaps, other damage, or being uneconomical to repair. 

Limitation on availability of funds for transfer of C-130 

aircraft (sec. 147) 

 The Senate amendment contained a provision (sec. 136) that 

would limit the availability of all funds authorized to be 

appropriated for the transfer from one facility of the 

Department of Defense to another any C-130H aircraft, initiate 

any C-130 manpower authorization adjustments, retire or prepare 

to retire any C-130H aircraft, or close any C-130H unit until 90 

days after the date on which the Secretary of the Air Force, in 

consultation with the Secretary of the Army, and after 

certification by the commanders of the XVIII Airborne Corps, 

82nd Airborne Division, and United States Army Special 

Operations Command, certified that the Air Force would maintain 

dedicated C-130 wings to support the daily training of Army 

airborne and special operations units, and the failure to 

maintain such Air Force operations would not adversely impact 

the daily training requirement of those airborne and special 

operations units. 
14

The House bill contained a similar provision (sec. 1060c).

The House recedes with an amendment that would change the 

required certification to be made by the Secretaries and Chiefs 

of Staff of the Army and the Air Force, in consultation with the 

commanders of the XVIIIth Airborne Corps, 82d Airborne Division, 

and Army Special Operations Command. The amendment also 

contains other minor technical clarifications.

Limitation on availability of funds for executive communications 

upgrades for C-20 and C-37 aircraft (sec. 148)

The House bill contained a provision (Sec. 131) that would 

limit availability of funds to upgrade the executive 

communications of C-20 and C-37 aircraft until the Secretary of 

the Air Force certifies to certain specified criteria.

The Senate bill contained no similar provision.

The Senate recedes.

Limitation on use of funds for T-1A Jayhawk aircraft (sec. 149)

The Senate amendment contained a provision (sec. 137) that 

would limit all the funds authorized or appropriated by this Act 

or that otherwise may be obligated or expended for fiscal year 

2016 for avionics modifications to the T-1A Jayhawk aircraft 

until 30 days after the Secretary of the Air Force submits to 

the congressional defense committees the report required under 

section 142 of the Carl Levin and Howard P. "Buck" McKeon 

National Defense Authorization Act for Fiscal Year 2015 (Public 

Law 113-291). 

The House bill contained no similar provision.

The House recedes with an amendment to amend the provision 

to state: “Of the funds authorized to be appropriated by this 

Act or otherwise made available for fiscal year 2016 Aircraft 

Procurement, Air Force, for avionics modification to the T–1A 

Jayhawk aircraft, not more than 85 percent may be obligated or 

expended until a period of 30 days has elapsed following the 

date on which the Secretary of the Air Force submits to the 

congressional defense committees the report required under 

section 142 of the Carl Levin and Howard P. “Buck” McKeon 

National Defense Authorization Act for Fiscal Year 2015 (Public 

Law 113–291; 128 Stat. 3320)."

Notification of retirement of B-1, B-2, and B-52 bomber aircraft 

(sec. 150)

The Senate amendment contained a provision (sec. 131) that 

would limit the retirement of B-1, B-2, or B-52 bomber aircraft 
15

during a fiscal year prior to initial operational capability of 

the Long Range Strike Bomber unless the Secretary of Defense 

certified to specified criteria in the materials submitted in 

support of the budget of the President for that fiscal year as 

submitted to Congress.

The House bill contained no similar provision.

The House recedes with an amendment that would change the 

limitation to a notification requiring that in the period before 

the date of initial operational capability of the long-range 

strike bomber aircraft, before retiring or preparing to retire 

any B-1, B-2, or B-52 bomber aircraft the Secretary of the Air 

Force includes in the defense budget materials a notification of 

the proposed retirement including the rationale for the 

retirement, the effects of the retirement, and how the Secretary 

will mitigate any risks relating to the retirement. The 

provision would not apply to individual B-1, B-2, or B-52 

aircraft if the Secretary of the Air Force, on a case-by-case 

basis, determines the aircraft to be non-operational because of 

mishaps, other damage, or being uneconomical to repair.

Inventory requirement for fighter aircraft of the Air Force 

(sec. 151)

The Senate amendment included a provision (sec. 132) that 

would amend section 8062 of title 10, United States Code, by 

adding a new subsection requiring the Secretary of the Air Force 

to maintain a minimum total active inventory of 1,950 fighter 

aircraft, within which the Secretary would also be required to 

maintain a minimum of 1,116 fighter aircraft as primary mission 

aircraft inventory (combat-coded). The provision would also 

provide additional limitations on fighter retirements by 

requiring the Secretary of the Air Force to certify to certain 

specified criteria, and also require a detailed report in 

advance of retiring fighter aircraft.

The House bill contained no similar provision.

The House recedes with an amendment to strike the 

amendment to section 8062 of title 10, change the limitation 

period to a 2-year period beginning on October 1, 2015, and 

reduce the minimum numbers of fighters required to be maintained 

by the Air Force to 1,900 total aircraft inventory and 1,100 

primary mission aircraft inventory (combat-coded). The 

amendment would also eliminate the certification and detailed 

report requirements, and require specified information in a 

report to be included in the material submitted in support of 

the budget for a particular fiscal year, if proposing the 

retirement of fighter aircraft in that fiscal year’s budget. 
16

The report would not apply to individual fighter aircraft if the 

Secretary of the Air Force, on a case-by-case basis, determines 

the aircraft to be non-operational because of mishaps, other 

damage, or being uneconomical to repair.

The conferees recognize that based on the 2010 Quadrennial 

Defense Review, the Air Force determined through extensive 

analysis that a force structure of 1,200 primary mission 

aircraft and 2,000 total aircraft is required to execute the 

National Defense Strategy with increased operational risk. 

Subsequently, based on the 2012 Defense Strategic Guidance and 

fiscal constraints, analysis showed the Air Force could decrease 

fighter force structure capacity by approximately 100 additional 

aircraft; however, at an even higher level of risk.

The conferees agree reductions in fighter force capacity 

below the 1,900 total and 1,100 combat-coded inventory levels, 

in light of ongoing and anticipated operations in Iraq and Syria 

against the Islamic State of Iraq and the Levant, coupled with a 

potential delay of force withdrawals from Afghanistan and a 

revanchist Russia, poses excessive risk to the Air Force’s 

ability to execute the National Defense Strategy, causes 

remaining fighter squadrons to deploy more frequently, and 

drives even lower readiness rates across the combat air forces.

Sense of Congress regarding the OCONUS basing of F-35A aircraft 

(sec. 152)

The Senate amendment contained a provision (sec. 139) that 

would express the sense of Congress regarding basing of the F35A aircraft outside of the continental United States.

The House bill contained a similar provision (sec. 136). 

The House recedes with an amendment to make technical and 

clarifying corrections.

SUBTITLE E—DEFENSE-WIDE, JOINT, AND 

MULTISERVICE MATTERS

Limitation on availability of funds for Joint Battle CommandPlatform (sec. 161)

The House bill contained a provision (sec. 141) that would 

require the Assistant Secretary of the Army for Acquisition, 

Logistics, and Technology to submit a report by March 1, 2016, 

to the congressional defense committees that addresses the 

effectiveness, suitability, and survivability shortfalls of the 
17

joint battle command–platform equipment identified by the 

Director of Operational Test and Evaluation in the Director's 

fiscal year 2014 annual report to Congress. This section would 

also further limit the obligation or expenditure of 25 percent 

of the funds for the joint battle command–platform until 30 days 

after the Assistant Secretary submits such a report.

The Senate amendment contained no similar provision.

The Senate recedes.

Report on Army and Marine Corps modernization plan for small 

arms (sec. 162)

The Senate amendment contained a provision (sec. 151) that 

would require the Secretaries of the Army and Navy to jointly 

submit to the Committees on Armed Services of the Senate and 

House of Representatives a report on the plan of the Army and 

Marine Corps to modernize small arms.

The House bill contained no similar provision.

The House recedes.

Study on use of different types of enhanced 5.56mm ammunition by 

the Army and the Marine Corps (sec. 163)

The House bill contained a provision (sec. 144) that would 

require the Secretary of Defense to submit a report to the 

congressional defense committees on the use of two different 

types of 5.56mm ammunition by the Army and the Marine Corps. 

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that requires the 

Secretary of Defense to enter into a contract with a federally 

funded research and development center (FFRDC) such as the 

Center for Naval Analyses (CNA) to conduct a study on the use of 

two different types of enhanced 5.56mm ammunition by the Army 

and the Marine Corps. The conferees note that the CNA has 

conducted similar studies on small arms and small caliber 

ammunition and believe the CNA could meet the requirements of 

this study.

LEGISLATIVE PROVISIONS NOT ADOPTED

Limitation on Availability of Funds for AN/TPQ-53 Radar Systems

The House bill contained a provision (sec. 111) that would 

limit the obligation or expenditure of 25 percent of the funds 

for AN/TPQ-53 radar systems until 30 days after the date on 

which the Assistant Secretary of the Army for Acquisition, 
18

Logistics, and Technology submits to the congressional defense 

committees a review of the current delegation of acquisition 

authority to the Program Executive Officer for Missiles and 

Space.

The Senate amendment contained no similar provision.

The House recedes.

Stationing of C–130 H aircraft avionics previously modified by 

the Avionics Modernization Program (AMP) in support of daily 

training and contingency requirements for Airborne and Special 

Operations Forces

The Senate amendment contained a provision (sec. 120) that 

would require the Secretary of the Air Force to station aircraft 

previously modified by the C-130 Avionics Modernization Program 

(AMP) to support United States Army Airborne and United States 

Army Special Operations Command unit daily training and 

contingency requirements in fiscal year 2017, and not require 

the aircraft to deploy in the normal rotation of C-130H units. 

The provision would also require the Secretary to provide such 

personnel as required to maintain and operate the aircraft.

The House bill contained no similar provision.

The Senate recedes.

The conferees agree the Air Force must develop a plan that 

incorporates the five C-130H aircraft previously modified with 

the AMP upgrade, the four purchased AMP installation kits, the 

associated simulator equipment, and sustainment and training 

software into the restructured AMP Increments I and II effort. 

The conferees also direct the Air Force to provide a briefing on 

this plan to the congressional defense committees not later than 

60 days after enactment of this Act. The conferees agree the 

American taxpayers to date have expended considerable funds on 

the C-130 AMP and deserve to receive maximum value for that 

expenditure.

Sense of Congress on F-16 Active Electronically Scanned Array 

(AESA) radar upgrade

The Senate amendment contained a provision (sec. 140) that 

would express the sense of Congress on F-16 Active 

Electronically Scanned Array (AESA) radar upgrades that it is 

essential to our Nation's defense that: (1) Air Force aircraft 

modification funding be made available to purchase AESA radars 

as the Air Force bridges the gap between 4th- and 5th-generation 

fighters; (2) The U.S. Government must invest in radar upgrades 

to ensure 4th-generation aircraft succeed at zero-fail missions; 
19

and (3) The First Air Force Joint Urgent Operational Needs 

request should be met as soon as possible.

The House bill contained no similar provisions.

The Senate recedes.

The conferees agree on the importance that should be 

accorded to funding AESA radar upgrades for existing aircraft. 

Stryker Lethality Upgrades

The Senate amendment contained a provision (sec. 161) that 

would authorize an increase in funding for Stryker vehicle 

lethality upgrades of $97.0 million in Research, Development, 

Test & Evaluation, Army and $314.0 million in Procurement of 

Weapons and Tracked Combat Vehicles, Army respectively. 

The House bill contained no similar provision.

The Senate recedes.

The outcome is reflected in the tables of this report in 

Sections 4101 and 4201 and includes additional funding in line 

with the Senate amendment.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND 

EVALUATION

BUDGET ITEMS

Unmanned Carrier-Launched Airborne Surveillance and Strike 

System

The budget request included $134.7 million in PE 64501N 

for the Unmanned Carrier-Launched Airborne Surveillance and 

Strike (UCLASS) system. 

The House bill would authorize the budget request. 

The Senate amendment would not approve the request in PE 

64501N due to contracting delays caused by waiting on the 

results of the Department of Defense Intelligence Surveillance, 

and Reconnaissance Strategic Portfolio Review. These delays 

resulted in the Navy’s having excess fiscal year 2015 funds in 

the program. The Senate amendment would instead provide an 

additional $725.0 million in Research, Development, Test and 

Evaluation, Defense-wide, including $350.0 million for continued 

development and risk reduction activities of the Unmanned Combat 

Air System Demonstration (UCAS–D) aircraft that would benefit 

the overall UCLASS program, and $375.0 million to be used for a 

competitive prototyping of at least two follow-on air systems 
20

that move the Department toward a UCLASS program capable of 

long-range strike in a contested environment.

The conferees believe that the Navy should develop a 

penetrating, air-refuelable, unmanned carrier-launched aircraft 

capable of performing a broad range of missions in a nonpermissive environment. The conferees believe that such an 

aircraft should be designed for full integration into carrier 

air wing operations—including strike operations—and possess the 

range, payload, and survivability attributes as necessary to 

complement such integration. Although the Defense Department 

could develop land-based unmanned aircraft with attributes to 

support the air wing, the conferees believe that the United 

States would derive substantial strategic and operational 

benefits from operating such aircraft from a mobile seabase that 

is self-deployable and not subject to the caveats of a host 

nation. 

Therefore, the conferees recommend an increase of $350.0 

million to the UCLASS program and direct the Secretary of 

Defense to use these funds to conduct competitive air vehicle 

risk reduction activities that would lead to fielding 

penetrating, air-refuelable, UCLASS air vehicles capable of 

performing a broad range of missions in a non-permissive 

environment. 

The conferees direct the Navy to leverage both the lessons 

learned from the UCAS-D program and the existence of two 

operational UCAS-D demonstrator aircraft in support of these 

efforts. The conferees also encourage the Secretaries of 

Defense and the Navy to consider all appropriate flexible 

acquisition authorities granted in law and in this Act, 

including those for rapid prototyping. Finally, the conferees 

recommend that any contractual arrangements executed with this 

funding provide the Navy with sufficient technical data rights 

to support a subsequent competitive prototyping, follow-on 

development, or future multiple-sourced production efforts.

The conferees look forward to reviewing the results of the 

Department of Defense Intelligence Surveillance, and 

Reconnaissance Strategic Portfolio Review and also the report 

directed in section 217 of the Carl Levin and Howard P. “Buck” 

McKeon National Defense Authorization Act for Fiscal Year 2015.

Integrated personnel and pay system for Army

The budget request included $136.0 million in PE 65018A 

for the Integrated Personnel and Pay System—Army (IPPS–A). 

The House bill included the full requested amount. 

The Senate amendment included $86.0 million for IPPS-A, a 

reduction of $50.0 million. 
21

The conference agreement authorizes $121.0 million in PE 

65018A for the Integrated Personnel and Pay System—Army (IPPS–

A). Elsewhere in this Act, the conferees include a legislative 

provision that limits obligation of funds for the program, until 

provision of a required report to Congress on program plans.

SUBTITLE A—AUTHORIZATION OF APPROPRIATIONS

Authorization of appropriations (sec. 201)

The House bill contained a provision (sec. 201) that would 

authorize the appropriations for research, development, test, 

and evaluation activities at the levels identified in section 

4201 of division D of this Act.

The Senate bill contained an identical provision (sec. 

201). 

The conference agreement includes this provision.

SUBTITLE B—PROGRAM REQUIREMENTS, 

RESTRICTIONS, AND LIMITATIONS

Centers for Science, Technology, and Engineering Partnership 

(sec. 211)

The Senate amendment contained a provision (sec. 211) that 

would authorize a program to enhance the Department of Defense 

laboratories with innovative academic and industry partners in 

research and development activities.

The House bill contained no similar provision.

The House recedes with a technical amendment.

Expansion of eligibility for financial assistance under 

Department of Defense Science, Mathematics, and Research for 

Transformation program to include citizens of countries 

participating in The Technical Cooperation Program (sec. 212)

The Senate amendment contained a provision (sec. 216) that 

would expand the Department of Defense’s Science, Mathematics, 

and Research for Transformation (SMART) program to include 

students from the United Kingdom, Australia, New Zealand, and 

Canada.

The House bill contained no similar provision.

The conference agreement includes the provision with an 

amendment to cap the number of new foreign students entering the 

program at five per year. The conferees believe that this cap 
22

will help to ensure that the majority of the students in the 

program are U.S. citizens, while also giving the Department the 

flexibility to include foreign students on a trial basis. The 

conferees also believe that this cap will allow the Department 

the opportunity to work out procedures and processes for the 

potential expansion to include other kinds of foreign students, 

should the Secretary of Defense determine that is in the 

national security interest.

Expansion of education partnerships to support technology 

transfer and transition (sec. 213)

The House bill contained a provision (sec. 221) that would 

allow institutions that support technology transition or 

transfer activities, such as business schools or law schools 

with technology management programs, to participate in education 

partnerships with Defense laboratories, as authorized in Section 

2194 of title 10, United States Code.

The Senate amendment contained no similar provision.

The conference agreement includes the provision with 

amendments that would clarify to which institutions such 

authorities would extend, authorize a sabbatical and internship 

program for university faculty and students to work in Defense 

laboratories, and provide additional emphasis on technology 

transfer and transition projects. The conferees believe that 

these amendments, taken together, would strengthen the purpose 

of the provision, which is to ensure that education partnerships 

are available for those wishing to engage in technology transfer 

or transition, in addition to traditional research projects.

Improvement to coordination and communication of Defense 

research activities (sec. 214)

The House bill contained a provision (sec. 231) that would 

improve the coordination and communication of defense research 

activities and technology domain awareness. The House bill 

directs the Secretary of Defense to promote, monitor, and 

evaluate programs not only among Defense research facilities, 

but also among other government facilities, as well as 

commercial and university entities. The House bill would also 

encourage the Department to achieve full awareness of scientific 

and technological advancement and innovation throughout the 

technology domain.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would add 

additional direction to the Secretary of Defense to develop and 

distribute clear technical communications to all internal and 
23

external entities. The conferees believe it is important that 

the Department more completely and robustly convey successes of 

Defense research and engineering activities.

The Senate amendment would also direct the Secretary of 

Defense to ensure that publicly-funded Defense research 

facilities support national technological development goals and 

technological missions of other federal agencies, as 

appropriate. The conferees believe that taxpayer funds used for 

scientific research should be used in support of the best 

interests of the U.S. government as a whole.

Reauthorization of Global Research Watch program (sec. 215)

The Senate amendment contained a provision (sec. 214) that 

would reauthorize the Global Research Watch program for an 

additional 10 years. The Senate provision would also expand the 

responsibilities of the program to include private sector 

entities, in addition to foreign governments. 

The House bill contained no similar provision.

The conference agreement includes this provision. 

Reauthorization of Defense research and development Rapid 

Innovation Program (sec. 216)

The House bill contained a provision (sec. 211) that would 

extend the authorization for the Department of Defense to 

execute activities for the Rapid Innovation Program through 

2020.

The Senate amendment contained a similar provision (sec. 

213) that would reauthorize the Rapid Innovation Program for 5 

years. The Senate provision would also make technical changes to 

the program’s guidelines and reporting requirements.

The conference agreement contains the Senate provision 

with a technical edit from the House to extend the program 

through 2023. The conferees believe that it would be more 

effective to extend the program in a manner consistent with the 

end of the next program objective memorandum.

Science and technology activities to support business systems 

information technology acquisition programs (sec. 217)

The Senate amendment contained a provision (sec. 215) that 

would mandate the establishment of science and technology 

activities that would help reduce the technical risk and life 

cycle costs of major information technology acquisition 

programs. The provision would require the Department to fund 
24

appropriate research, development, and capability-building 

activities to make it a “smarter buyer” of these programs.

The House bill contained no similar provision.

The conference agreement includes the provision with an 

amendment directing the Department to conduct a gap analysis to 

identify relevant activities that are not being pursued in the 

current science and technology program.

The conferees recognize and appreciate that the Department 

does currently engage in some activities that address those 

described in this provision and the original report language 

from the Senate Armed Services Committee. However, the conferees 

note with dismay the significant gaps in activities and 

technologies continue to exist. Examples of these gaps include 

lack of support for business process re-engineering, for 

lowering costs of customization of commercial software, for 

lowering maintenance costs, for open architectures, for 

engagement with management schools and small businesses, and for 

the conversion of legacy software to modern systems. The 

conferees remain concerned that such gaps in science and 

technology activities related to business systems information 

technology acquisition, if left unaddressed, have the potential 

to severely hamper the Department’s ability to field a modern 

and efficient information technology enterprise that meets the 

current and future needs of the Department.

Department of Defense technology offset program to build and 

maintain the technological superiority of the United States 

(sec. 218)

The Senate amendment contained a provision (sec. 212) that 

would establish and initiative within the Department of Defense 

to maintain and enhance the military technological superiority 

of the United States. The provision would establish a program to 

accelerate the fielding of offset technologies, including, but 

not limited to, directed energy, low-cost high-speed munitions, 

autonomous systems, undersea warfare, cyber technology, and 

intelligence data analytics, developed by the department and to 

accelerate the commercialization of such technologies. The 

provision would also direct the Secretary to establish updated 

policies and new acquisition and management practices that would 

speed delivery of offset technologies into operational use. The 

provision would authorize $400.0 million for fiscal year 2016 

for initiative, of which $200.0 million would be authorized 

specifically for directed energy.

The House bill contained no similar provision.
25

The conference agreement includes this provision with an 

amendment to remove the requirement for a strategy on the 

development of directed energy technologies.

The conferees are aware of the challenges facing the 

Department in maintaining technological superiority with regards 

to potential future adversaries. In authorizing the technology 

offset program in this provision, the conferees recognize the 

need for the Department to have sufficient flexibility and 

resources to make sound strategic decisions for technology 

investment to respond to a more dire future security 

environment. The conferees note that the Department has a number 

of initiatives, such as the Defense Innovation Initiative, and 

the Long-Range Research and Development Plan, to help guide 

those investments.

In particular, the Armed Services Committees of the Senate 

and the House of Representatives have been focused on the role 

directed energy weapons will have in our future security 

environment, and have been proponents of maturing directed 

energy technologies to transition them to the warfighting 

community as quickly as possible. The conferees are aware that 

the Department and the military services have various roadmaps 

for deploying these technologies, and consider this fund a major 

forcing function to drive accelerated development and 

transition.

To better understand how the funds authorized in this 

section, in combination with other funds for directed energy 

programs, will be used to identify and transition promising 

directed energy technologies to the warfighting community, the 

conferees direct the Secretary of Defense to provide a briefing 

to the Armed Services Committees of the Senate and the House of 

Representatives no later than 180 days after the enactment of 

this Act. This briefing should include:

1) A description of a program management process 

for the identification of directed energy efforts, including 

prototyping or exercise opportunities, where additional funding 

may support accelerated transition to urgent operational needs 

or programs of record;

2) A description of coordination mechanisms 

between services and agencies undertaking directed energy 

activities, including coordination of science and technology 

prototyping, and programs of record;

3) An identification of challenges from the 

warfighting community currently impeding the adoption of or 

confidence in directed energy weapons systems.

4) An identification of policy, regulatory, or 

legislative impediments or challenges that currently constrain 

accelerated transition to the warfighting community; and
26

5) Recommendations for how to improve the 

department’s ability to transition promising directed energy 

technology initiatives to the warfighting community.

Limitation on availability of funds for F-15 infrared search and 

track capability development (sec. 219)

The House bill contained a provision (Sec. 213) that would 

limit the availability of funds for fiscal year 2016 for the 

research, development, test, and evaluation of F-15 infrared 

search and track capabilities until 30 days after the Secretary 

of Defense submits a specified report.

The Senate bill contained no similar provision.

The Senate recedes. 

Limitation on availability of funds for development of the 

shallow water combat submersible (sec. 220)

The House bill contained a provision (sec. 225) that would 

require a briefing to the congressional defense committees on 

the U.S. Special Operations Command (SOCOM) Shallow Water Combat 

Submersible (SWCS) program.

The Senate amendment contained a provision (sec. 218) that 

would prohibit the expenditure of more than 25 percent of the 

funds available for the SWCS program for fiscal year 2016 until 

the Under Secretary of Defense for Acquisition, Technology and 

Logistics designates a civilian official within his office 

responsible for providing oversight and assistance to SOCOM for 

all undersea mobility programs and, in coordination with the 

Assistant Secretary of Defense for Special Operations and LowIntensity Conflict, provides the congressional defense 

committees a report on the SWCS program.

The House recedes with an amendment that would modify to 

50 percent the amounts available for the SWCS program and modify 

associated reporting requirements.

Limitation on availability of funds for Medical Countermeasures 

Program (sec. 221)

 The House bill contained a provision (sec. 212) that 

would limit the obligation and expenditure of 50 percent of the 

funds made available for the Department of Defense Medical 

Countermeasures program within the Chemical-Biological Defense 

Program until the Secretary of Defense provides a report to the 

congressional defense committees that validates the requirements 

and conducts an independent cost-benefit analysis to justify 

funding and efficiencies. This section would also require the 
27

Comptroller General of the United States to submit a review of 

the certification to the congressional defense committees within 

60 days after the date on which the Secretary submits his 

report.

 The Senate amendment contained no similar provision.

 The conference agreement contains the House provision 

with an amendment that would decrease the limitation from 50 

percent to 25 percent pertaining only to those funds used for 

research development test and evaluation (RDT&E) activities in 

the Advanced Development and Manufacturing facility per se and 

not all the RDT&E activities associated with the Medical 

Countermeasures Program. 

 The conferees further note that Consistent with GAO 

report 15-257 (June 2015), the Secretary shall report to the 

congressional defense committees no later than February 28, 2016 

on the designation of an individual responsible for managing 

infrastructure for the Department of Defense Chemical and 

Biological defense programs, to include shared-use facilities 

such as those within the Advanced Development and Manufacturing 

program, in order to minimize duplication of effort within the 

Department of Defense and other agencies of the federal 

government. The Secretary of defense shall notify the 

congressional defense committees of the appointment of such 

individual no later than 15 days after such designation. 

Further, the conferees direct the Comptroller General to review 

the roles and responsibilities of the official designated to be

responsible for infrastructure management, and to brief the 

congressional defense committees no later than March 31, 2016.

Limitation on availability of funds for distributed common 

ground system of the Army (sec. 222)

The Senate amendment contained a provision (sec. 219) that 

would limit the amount of funds available to be obligated or 

expended by the Secretary of the Army to not more than 75 

percent of the amounts authorized to be obligated for fiscal 

year 2016 until a review of the program planning for the 

distributed common ground system of the Army is submitted to the 

congressional defense and intelligence committees. 

The House bill contained a similar provision (sec. 1624).

The House recedes with a clarifying amendment. 

Limitation on availability of funds for distributed common 

ground system of the United States Special Operations Command 

(sec. 223)
28

The House bill contained a provision (sec. 1625) that 

would limit the availability of funds for the Special Operations 

Command's Distributed Common Ground System to 75 percent of the 

funds authorized to be obligated by the program until the 

Commander of U.S. Special Operations Command conducts a review 

of the program planning and submits the findings of such review 

to the congressional defense committees and the congressional 

intelligence committees and the House Permanent Select Committee 

on Intelligence.

The Senate amendment contained a similar provision (sec. 

220) that would limit the availability of research, development, 

test, and evaluation funds for the distributed common ground 

system of the U.S. Special Operations Command (SOCOM) until the 

Commander of SOCOM submits a report to the congressional defense 

committees.

The House recedes.

Integrated personnel and pay system for Army (sec. 224)

The conference agreement includes a provision (sec. ) that 

would limit the ability of the Secretary of the Army to obligate 

more than 75 percent of the total authorized amount of fiscal 

year 2016 program funds for Integrated Personnel and Pay SystemArmy (IPPS-A) program until the Secretary of the Army provides a 

report to the congressional defense committees on the 

performance of legacy systems, changes in human resources 

organization and financial system capabilities, and alternatives 

to the current cost of IPPS-A.

SUBTITLE C—REPORTS AND OTHER MATTERS

Streamlining the Joint Federated Assurance Center (sec. 231)

The Senate amendment contained a provision (sec. 217) that 

would streamline the Department of Defense’s Joint Federated 

Assurance Center by eliminating an unnecessary layer of 

bureaucracy between the Center’s steering group and its working 

groups.

The House bill contained no similar provision.

The conference agreement includes this provision. 

Demonstration of persistent close air support capabilities (sec. 

232)

The Senate amendment contained a provision (sec. 233) that 

would require the Secretary of the Air Force, the Secretary of 
29

the Army, and the Director of the Defense Advanced Research 

Projects Agency (DARPA) to jointly conduct a demonstration of 

the Persistent Close Air Support (PCAS) capability in fiscal 

year 2016. 

The House bill contained no similar provision.

The House recedes with an amendment to strike the phrase 

“as identified by the United States Air Force Close Air Support 

Forum” from subparagraph (b)(1). The amendment would also 

replace all occurrences of the word “shall” with “may,” and add 

a paragraph directing a briefing to the congressional defense 

committees by December 1, 2016 on the assessment of 

demonstration results and cost estimates for transition of any 

desired technologies.

The conferees strongly encourage the three parties to 

conduct the PCAS demonstration, as the benefits would likely 

provide a large payoff in increased capability for what is 

estimated to be minimal resource investment. In response to the 

challenge of diverse platforms and user populations of the close 

air support mission, the Joint Requirements Oversight Council, 

in 2009, in its Close Air Support Capabilities-Based Assessment, 

recommended that "Platforms should field flexible systems that 

utilize an improved architecture which migrates the processing 

of digital messages to a Commercial-off-the-Shelf (COTS) based 

processor and away from the [aircraft] operational flight 

programs."

The conferees observe that with repeated Air Force 

proposals to retire their fleet of A-10 aircraft, the 

integration of game-changing and relatively inexpensive 

technologies to improve close air support mission operations and 

results on other platforms could be beneficial in assuaging 

concerns of divesting a particular aircraft, even a type with 

close air support as its primary mission. 

The conferees also agree that the Director of DARPA should 

provide resources to the maximum extent practical to minimize 

costs borne by the participating Services to accomplish the 

demonstration activities. 

Strategies for engagement with historically black colleges and 

universities and minority-serving institutions of higher 

education (sec. 233)

The House bill contained a provision (sec. 222) that would 

require the Secretaries of the military departments to each 

develop a strategy for engagement with and support of the 

development of scientific, technical, engineering, and 

mathematics capabilities with historically black colleges and 

universities and minority-serving institutions. The provision 
30

would also require the Secretary of Defense to develop a 

strategy that encompasses the strategies developed by the 

military departments.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that ensures that 

such strategies are developed by all organizations within the 

Department of Defense that are engaged in basic research, 

thereby broadening the provision to cover all appropriate 

Defense entities.

The conferees note that in implementing the requirements 

of this provision, the Secretary of Defense may seek information 

from the directorates of the Louis Stokes Alliances for Minority 

Participation program (LSAMP) and Historically Black Colleges

and Universities Undergraduate Program (HBCU-UP) of the National 

Science Foundation; the American Association for the Advancement 

of Science; the Emerging Researchers National Conference in 

Science, Technology, Engineering, and Mathematics; the 

University of Florida Institute for African-American Mentoring 

in Computing Sciences (IAAMCS); the Hispanic Association of 

Colleges and Universities; the National Indian Education 

Association; and such other institutions, organizations, or 

associations as the Secretary deems useful.

Report on commercial-off-the-shelf wide-area surveillance 

systems for Army tactical unmanned aerial systems (sec. 234)

The House bill contained a provision (sec. 229) that would 

express the Sense of Congress on the capabilities provided by 

unmanned aerial systems that use wide area surveillance sensors. 

The provision would also require the Secretary of the Army to 

conduct a market survey and flight assessment of commercial-offthe-shelf wide area surveillance sensors suitable for insertion 

on Army tactical unmanned aerial systems. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would remove the 

sense of Congress, modify the reporting requirements for the 

market survey, require an assessment of current wide area 

surveillance systems that are currently used or could be used on 

Army tactical unmanned aerial systems, as well as require the 

Secretary of the Army to assess the advisability and feasibility 

of upgrading wide area surveillance systems for Army tactical 

unmanned aerial systems.

Report on Tactical Combat Training System Increment II (sec. 

235)
31

The House bill contained a provision (sec. 230) that would 

direct the Secretary of the Navy and the Secretary of the Air 

Force to submit a report to the congressional defense 

committees, not later than January 29, 2016, on the baseline and 

alternatives to the Navy's Tactical Air Combat Training System 

Increment II. The provision would also limit the Navy from 

approving or designating a contract award for the specified 

system until 15 days after the date of the submittal of the 

report.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment striking subparagraph 

(c) to remove the limitation.

Report on technology readiness levels of the technologies and 

capabilities critical to the long range strike bomber aircraft 

(sec. 236)

The Senate amendment contained a provision (sec. 235) that 

would require the Secretary of Defense to submit to Congress, 

not later than 180 days after enactment of this Act, a report on 

the Technology Readiness Levels and capabilities critical to the 

Long Range Strike Bomber aircraft. The provision would also 

require the Comptroller General of the United States to review 

the Secretary’s report and submit an assessment to the 

congressional defense committees. 

The House bill contained no similar provision.

The House recedes with an amendment to have the Secretary 

report to the congressional defense committees.

Assessment of Air-Land Mobile Tactical Communications and Data 

Network Requirements and Capabilities (sec. 237)

The Senate amendment contained a provision (sec. 231) that 

would require the Director of Cost Assessment and Program 

Evaluation (CAPE) to contract with an independent entity to 

conduct a comprehensive assessment of current and future 

requirements and capabilities to determine the technological 

feasibility, achievability, suitability, and survivability of a 

tactical communications and data network. The provision would 

also prohibit the Secretary of the Army from obligating more 

than 50 percent of funds available in Other Procurement, Army 

for the Warfighter Information Network-Tactical, Increment 2 

program subject to the submission of the independent entity’s 

report.

The House bill contained no similar provision.

The House recedes with an amendment that would strike the 

limitation of funds, and require the Director of CAPE to seek to 
32

enter into a contract with a federally funded research and 

development center to conduct a comprehensive assessment of 

current and future requirements and capabilities of the Army 

with respect to air-land ad hoc, mobile tactical communications 

and data networks, including the technological feasibility, 

suitability, and survivability of such networks.

The conferees believe the Director of CAPE shall select a 

federally funded research and development center with direct, 

long-standing, and demonstrated experience and expertise in 

program test and evaluation of concepts, requirements, and 

technologies for joint tactical communications and data 

networking to perform the assessment. The Institute for Defense 

Analysis may be such an entity with expertise needed for such a 

detailed assessment.

Study of field failures involving counterfeit electronic parts 

(sec. 238)

The Senate amendment contained a provision (sec. 232) that 

would require the Secretary of Defense to task the Joint 

Federated Assurance Center (JFAC) to conduct a hardware 

assurance study to assess the presence, scope, and effect on 

Department of Defense operations of counterfeit electronic parts 

that have passed through the Department of Defense supply chain 

and into fielded systems.

The House bill contained no similar provision.

The conference agreement includes the provision with an 

amendment to assign responsibility for the study to the 

executive agent for printed circuit board technology. The 

conferees believe that the executive agent is the most 

appropriate official to conduct such a study. The amendment 

would also require JFAC to conduct a technical assessment for 

indications of malicious tampering on any parts assessed that 

demonstrate unusual or suspicious failure mechanisms. The 

conferees believe that such follow-up is critical for ensuring 

maximum impact and benefit of the study.

Airborne data link plan (sec. 239)

The Senate amendment contained a provision (sec. 234) that 

would require the Under Secretary of Defense for Acquisition, 

Technology, and Logistics and the Vice Chairman of the Joint 

Chiefs of Staff to jointly, in consultation with the Secretary 

of the Air Force and the Secretary of the Navy, to develop a 

plan on airborne data links between fifth-to-fifth, and fifthto-fourth generation aircraft. The provision would also limit 

funding for the TALON HATE and Multi-Domain Adaptable Processing 
33

System programs until the plan was briefed to the congressional 

defense committees.

The House bill contained no similar provision.

The House recedes with an amendment to add a date of 

February 15, 2016 for the plan briefing, and to strike 

subsection (c).

Plan for advanced weapons technology war games (sec. 240)

The House bill contained a provision (sec. 223) that would 

require the Secretary of Defense, in coordination with the 

Chairman of the Joint Chiefs of Staff, to develop a plan for 

integrating advanced technologies, such as directed energy 

weapons, hypersonic strike systems, and autonomous systems into 

broader title 10 war games to improve socialization with the 

warfighter and the development and experimentation of various 

concepts for employment by the Armed Forces.

The Senate amendment contained no similar provision.

The Senate recedes with some technical amendments.

Independent assessment of F135 engine program (sec. 241)

The House bill contained a provision (sec. 214) that would 

require the Secretary of Defense to enter into a contract with a 

federally funded research and development center to conduct an 

assessment of the F135 engine program, and submit a report to 

the congressional defense committees not later than March 15, 

2016.

The Senate amendment contained no similar provision.

The Senate recedes.

Comptroller General Review of autonomic logistics information 

system for F-35 Lightning II aircraft (sec. 242)

The House bill contained a provision (sec. 224) that would 

direct the Comptroller General of the United States to conduct a 

review and submit a report to the congressional defense 

committees on the autonomic logistics information system for the 

F-35 Lightning II aircraft program.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment to make technical 

corrections to correct typographical errors. 

Sense of Congress regarding facilitation of a high quality 

technical workforce (sec. 243)
34

The House bill contained a provision (sec. 227) that would 

express a sense of Congress that the Department of Defense 

should explore using existing authorities for all Federally 

Funded Research and Development Centers to help facilitate and 

shape a high quality scientific and technical workforce that can 

support the Department’s needs. In addition, the provision would 

make a number of findings, including that the country’s 

scientific and technical workforce is a matter of national 

security, that the Department's support for technical education 

programs facilitates the training of the future workforce, and 

that the highly skilled workforce already employed is qualified 

to facilitate training of a future workforce.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would expand the 

provision to include all defense laboratories. The conferees 

believe that the paragraphs of the provision apply to all 

Defense laboratories, not only the Federally Funded Research and 

Development Centers, and that all should be recognized as such.

The conferees find that:

(1) The quality of the future scientific and 

technical workforce of the United States and the access of the 

Department of Defense to a high quality scientific and technical 

workforce are matters of national security concern;

(2) The support of the Department of Defense for 

science, technology, engineering, and mathematics education 

programs facilitates the training of a future scientific and 

technical workforce that will contribute significantly to the 

research, development, test, and evaluation functions of the 

Department of Defense and the readiness of the future Armed 

Forces;

(3) Defense laboratories and federally funded 

research and development centers sponsored by the Department of 

Defense employ a highly skilled workforce that is qualified to 

support science, technology, engineering, and mathematics 

education initiatives, including through meaningful volunteer 

opportunities in primary and secondary educational settings and 

cooperative relationships and arrangements with private sector 

organizations and State and local governments, and to facilitate 

the training of a future scientific and technical workforce;

(4) Robust participation in scientific and 

technical conferences, including industry and international 

conferences, will strengthen the national security scientific 

and technical workforce.

LEGISLATIVE PROVISIONS NOT ADOPTED
35

Report on graduate fellowships in support of science, 

mathematics, and engineering education

The House bill contained a provision (sec. 226) that would 

require the Secretary of Defense to submit a report on graduate 

fellowships in support of science, mathematics, and engineering 

education.

The Senate amendment contained no similar provision.

The conference agreement does not include this provision.

Funding for MV-22A Digital Interoperability Program

The House bill contained a provision (sec. 228) that would 

authorize an increase in funding for MV-22A Digital 

Interoperability Program of $75.0 million which included $64.3 

million for Aircraft Procurement, Navy, and $10.7 million for 

Research, Development, Test & Evaluation, Navy. 

The Senate amendment contained no similar provision, but 

would increase funding for the MV-22A, based upon the unfunded 

priority list of the Commandant of the Marine Corps. The Senate 

amendment would increase funding by a total of $23.0 million 

including $15.0 million for integrated aircraft survivability 

and $8.0 million for ballistic protection 

The agreement does not include this provision. 

The outcome is reflected in section 4101 and 4201 of this 

Act, and includes funding in line with the Senate amendment. 

ITEMS OF SPECIAL INTEREST

Apportionment of small business funds under continuing 

resolutions

The conferees believe that under a continuing budget 

resolution (CR), federal agencies remain responsible for 

assessing the Small Business Innovative Research (SBIR) and 

Small Business Technology Transition (STTR) set-asides, and 

executing program support for small business technology 

innovation. To support Department of Defense access to small 

business innovation, the conferees believe that Department 

comptrollers should move expeditiously to calculate the 

SBIR/STTR assessments, and make those funds available to 

military services and agency SBIR/STTR programs commensurate 

with those assessments, on a timeline that supports program 

effectiveness.
36

Expedited approval for attendance at conferences in support of 

science and innovation activities of Department of Defense and 

the National Nuclear Security Administration

The conferees note with concern that since the Departments 

of Defense and Energy have implemented updated conference 

policies, in response to requirements from the Office of 

Management and Budget, attendance at science and technology 

conferences by department personnel has reduced dramatically. 

According to a report from the Government Accountability Office 

in March 2015, conference attendance from the Army Research 

Laboratory declined from about 1300 attendees in 2011 to about 

100 attendees in 2013. A similar drop in attendance was reported 

from Sandia National Laboratories. The report highlights that 

such a drop in attendance risks a decline in the quality of 

scientific research, difficulty in recruiting and retaining 

qualified scientists and engineers, and a diminished leadership 

role for the two departments within the global science and 

technology community. The report also notes that the new 

departmental policies are not meeting the needs of personnel 

requesting approval to travel to conferences.

Given the importance of conference attendance for an 

active exchange of scientific information and for recruiting and 

retaining high-quality technical talent, and therefore 

maintaining technological superiority, the conferees are 

concerned that the conference attendance approval policies are 

undermining and eroding the science and technology missions of 

both departments as well as the ability of personnel to engage 

in cutting-edge research, development, testing, and evaluation. 

The conferees believe that technical conference participation is 

especially important to keep program managers aware of new 

trends in technology, so that they may make better informed 

decisions on behalf of taxpayers.

To maintain global technology awareness and to support 

retention of technical staff, the conferees believe that the 

Departments should strive to follow the best practices of the 

innovative private and academic institutions in developing 

management and oversight practices for conference participation. 

The conferees are concerned that in specific technical fields of 

interest to defense, such as hypersonics and cybersecurity, the 

lack of participation in conferences is ceding U.S. leadership 

to competitor nations.

In response to these findings and concerns, the conferees 

direct the Secretaries of Defense and Energy to revise current 

policies within the Department of Defense and National Nuclear 

Security Administration, respectively, whereby requests for 

scientific conference attendance are adjudicated within one 
37

month, and approvals are granted as appropriate within one 

month. Further, the conferees direct the Secretaries of Defense 

and Energy to ensure that any decisions to disapprove conference 

attendance through these revised policies are made if and only 

if the appropriate officials determine that the disapproval 

would have a net positive impact on research and development and 

on program management quality, and not simply default 

disapprovals necessitated by a bureaucratic inability to make a 

timely decision. In addition, the conferees direct that these 

new policies be implemented no later than 90 days after the 

enactment of this act.

The conferees recommend that, through these revised 

policies, laboratory and test center directors be given the 

authority to approve conference attendance, provided that the 

attendance would meet the mission of the laboratory or test 

center and that sufficient laboratory or test center funds are 

available.

The conferees direct the Secretaries of Defense and Energy 

each to report to the Senate Armed Services Committee and the 

House Armed Services Committee on the revised policies from 

their respective agencies, as well as an assessment of their 

benefits and drawbacks, along with measures for tracking the 

effectiveness of the new policies. The conferees further direct 

that this report be submitted no later than one year after the 

enactment of this act.

Protection of advanced technologies

The conferees have concerns that the Department of 

Defense, while taking necessary steps to pursue and create 

innovative technologies and to access global sources of 

innovation, also needs to better protect such technologies 

against unauthorized disclosure to or theft by potential 

adversaries. The conferees are concerned that some adversaries 

have clear strategies (1) to overcome our general technology 

protection efforts and specific program protection measures, and 

(2) to mitigate our efforts to increase our technological 

superiority. For this reason, the conferees believe that the 

Department would benefit from better technology and program 

protection planning and more effective cybersecurity measures.

Therefore, the conferees direct the Secretary of Defense 

to conduct a review of methodologies that potential adversaries 

are exploiting to gain unauthorized access to technologies and 

intellectual property, and to circumvent current export control 

and other technology protection regimes. Additionally, the 

Department should review structures of business relationships, 

such as partnerships, mergers and acquisitions, joint ventures, 
38

and consortia, to assess the potential that these types of 

relationships present additional opportunities for exploitation 

by adversaries. Further, the conferees direct the Secretary to 

brief the results of the review to the Committees on Armed 

Services of the Senate and House of Representatives by March 15, 

2016, including any recommendations that may necessitate 

legislative action.

TITLE III—OPERATION AND MAINTENANCE

SUBTITLE A—AUTHORIZATION OF APPROPRIATIONS

Authorization of appropriations (sec. 301)

The House bill contained a provision (sec. 301) that would 

authorize the appropriations for operation and maintenance 

activities at the levels identified in section 4301 of division 

D of this Act. 

The Senate bill contained an identical provision (sec. 

301). 

The conference agreement includes this provision.

SUBTITLE B—ENERGY AND THE ENVIRONMENT

Limitation on procurement of drop-in fuels (sec. 311)

The House bill contained a provision (sec. 311) that would 

amend subchapter II of chapter 173 of title 10, United States 

Code, to prohibit Department of Defense funds to be used for 

bulk purchases of drop-in fuel for operational purposes, unless 

the cost of that drop-in fuel is cost-competitive with 

traditional fuel, subject to a national security waiver. 

The Senate amendment contained no similar provision. 

The Senate recedes.

Southern Sea Otter Military Readiness Areas (sec. 312)

The House bill contained a provision (sec. 312) that would 

amend chapter 631 of title 10, United States Code, by adding a 

new section directing the Secretary of the Navy to establish 

"Southern Sea Otter Military Readiness Areas" for national 

defense purposes. The provision would also repeal section 1 of 

Public Law 99-625 (16 U.S.C 1536 note).

The Senate amendment contained a similar provision (sec. 

313). 
39

 The Senate recedes with an amendment that excludes the 

repeal of section 1 of Public Law 99-625 (16 U.S.C. 1536 note).

Modification of energy management reporting requirements (sec. 

313)

The Senate amendment contained a provision (sec. 311) that 

would amend section 2925(a) of title 10, United States Code, by 

striking a subsection listing renewable energy credits (RECs) 

and clarifying and strengthening the reporting requirements on 

commercial and non-commercial utility outages. 

The House bill contained no similar provision. 

The House recedes.

Revision to scope of statutorily required review of projects 

relating to potential obstructions to aviation so as to apply 

only to energy projects (sec. 314)

The House bill contained a provision (sec. 313) that would 

amend section 358 of the Ike Skelton National Defense 

Authorization Act for Fiscal Year 2011 (Public Law 111-383) to 

expand coverage of the Siting Clearinghouse to requests for 

informal reviews by Indian tribes and landowners, clarify that 

information received from private entities is not publicly 

releasable, eliminate categories of adverse risk, and limit 

applicability of section to only energy projects. 

The Senate amendment contained a similar provision (sec. 

353) that would amend section 358 of the Ike Skelton National 

Defense Authorization Act for Fiscal Year 2011 to expand the 

coverage of the Department of Defense (DOD) Siting Clearinghouse 

to requests for informal reviews from Indian tribes and 

landowners, clarify that information received from private 

entities is not publicly releasable, eliminate categories of 

adverse risk. The Senate provision would maintain the coverage 

of the Department of Defense (DOD) Siting Clearinghouse for nonenergy projects. 

The Senate recedes with a clarifying amendment. 

Exclusions from definition of "chemical substance" under Toxic 

Control Act (sec. 315)

The House bill contained a provision (sec. 314) that would 

modify section 2602(2)(B) of title 15, United States Code, to 

add to the exclusions any component of any article, including 

shot, bullets and other projectiles, propellants when 

manufactured for or used in such an article, and primers. 

The Senate amendment contained no similar provision. 
40

The Senate recedes with an amendment limiting the 

provision to shot shells, cartridges, and components of shot 

shells and cartridges.

SUBTITLE C—LOGISTICS AND SUSTAINMENT

Repeal of limitation on authority to enter into a contract for 

the sustainment, maintenance, repair, or overhaul of the F117 

engine (sec. 322)

The House bill contained a provision (sec. 323) that would 

amend Section 341 of the Carl Levin and Howard P. "Buck" McKeon 

National Defense Authorization Act for Fiscal Year 2015 (Public 

Law 113-291).

The Senate amendment contained a similar provision (sec. 

321) that would repeal Section 341 of the Carl Levin and Howard 

P. "Buck" McKeon National Defense Authorization Act for Fiscal 

Year 2015 (Public Law 113-291).

The House recedes.

Pilot programs for availability of working capital funds for 

product improvements (sec. 323)

The House bill contained a provision (sec. 324) that would 

require the Assistant Secretary of the Army for Acquisition, 

Logistics, and Technology, the Assistant Secretary of the Navy 

for Research, Development, and Acquisition, and the Assistant 

Secretary of the Air Force for Acquisition to each initiate a 

pilot program pursuant to section 330 of the National Defense 

Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 

Stat. 68), as amended by section 332 of the National Defense 

Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 

Stat. 1697).

The Senate amendment contained no similar provision.

The Senate recedes.

SUBTITLE D—REPORTS

Modification of annual report on prepositioned materiel and 

equipment (sec. 331)

The Senate amendment contained a provision (sec. 331) that 

would amend Section 2229a(a)(8) of title 10, United States Code.

The House bill contained no similar provision.

The House recedes.
41

Report on merger of Office of Assistant Secretary for 

Operational Energy Plans and Deputy Under Secretary for 

Installations and Environment (sec. 332)

The House bill contained a provision (sec. 318) that would 

require the Secretary of Defense to submit to Congress a report 

on the merger of the Office of the Assistant Secretary of 

Defense for Operational Energy Plans and the Office of the 

Deputy Under Secretary of Defense for Installations and 

Environment. 

The Senate amendment contained no similar provision. 

The Senate recedes.

Report on equipment purchased noncompetitively from foreign 

entities (sec. 333)

The House bill contained a provision (sec. 325) that would 

require the Secretary of Defense to submit a report to the 

congressional defense committees on contracts awarded to foreign 

entities.

The Senate amendment contained no similar provision.

The Senate recedes with a clarifying amendment.

SUBTITLE E—OTHER MATTERS

Prohibition on contracts making payments for honoring members of 

the Armed Forces at sporting events (sec. 341)

The House bill contained a provision (sec. 1098) that 

provided a sense of the Congress in regard to a private 

organization utilizing funds from the Department of Defense for 

the purpose of promoting or honoring the military. 

The Senate amendment contained a similar provision (sec. 

342a) and included a prohibition on the Department of Defense 

from entering into any such contracts.

The House recedes with a clarifying amendment.

The conferees urge any organization, including the 

National Football League and other professional sports leagues, 

that has accepted taxpayer funds to honor members of the Armed 

Forces to consider directing an equivalent amount of funding in 

the form of a donation to a charitable organization that 

supports members of the Armed Forces, veterans, and their 

families. The conferees also urge the Department of Defense to 

redirect any funds that would have been used for the 

aforementioned purposes to the post-traumatic stress disorder 

research and treatment for members of the Armed Forces.
42

Military animals: transfer and adoption (sec. 342)

The House bill contained a provision (sec. 594) that would 

amend Section 2583 of title 10, United States Code, in regard to 

military working dogs.

The Senate amendment contained a similar provision (sec. 

352).

The Senate recedes with a clarifying amendment.

Temporary authority to extend contracts and leases under the 

ARMS Initiative (sec. 343)

The House bill contained a provision (sec. 335) that would 

allow contracts or subcontracts entered into pursuant to section 

4554(a)(3)(A) of title 10, United States Code, on or before the 

date that is 5 years after the date of the enactment of this Act 

to include an option to extend the term of the contract or 

subcontract for an additional 25 years.

The Senate amendment contained an identical provision 

(sec. 343).

The conference agreement includes this provision.

Improvements to Department of Defense excess property disposal 

(sec. 344)

The House bill contained a provision (sec. 333) that would 

require the Secretary of Defense to submit to the congressional 

defense committees a plan for the improved management and 

oversight of the systems, processes, and controls involved in 

the disposition of excess non-mission essential equipment and 

materiel by the Defense Logistics Agency Disposition Services.

The Senate amendment contained no similar provision.

The Senate recedes with a technical amendment.

Limitation on use of funds for Department of Defense 

sponsorships, advertising, or marketing associated with sportsrelated organizations or sporting events (sec. 345)

The Senate amendment contained a provision (sec. 342) that 

would prohibit the Department of Defense from using any funds 

authorized to be appropriated for sponsorship, advertising, or 

marketing associated with a sports-related organization or 

sporting event until a review of current contracts and task 

orders for such events was completed.

The House bill contained no similar provision.

The House recedes with a technical amendment.
43

The conferees are concerned with the Department’s level of 

oversight of the sponsorship, advertising, and marketing 

associated with sports-related organizations and events executed 

by each of the military services, especially with the National 

Guard. Therefore, the conferees direct the Secretary of Defense 

and the service secretaries to ensure the proper oversight 

mechanisms are in place to provide proper oversight and approval 

of these programs.

Additional requirements for streamlining of Department of 

Defense management headquarters (sec. 346)

The House bill contained a provision (sec. 905) that would 

express a series of findings and the sense of Congress on the 

commitment of the Department of Defense to reduce its 

headquarters budgets and personnel by 20 percent and to achieve 

$10.0 billion in cost savings over 5 years. It would also amend 

section 904 of the National Defense Authorization Act for Fiscal 

Year 2014 (Public Law 113-66), which requires the Secretary of 

Defense to develop a plan for streamlining Department of Defense 

management headquarters, by requiring an accurate baseline 

accounting of defense headquarters budgets and personnel, and 

more specific information on actual and planned reductions in 

management headquarters. In addition, this section would further 

modify section 904 of Public Law 113-66 to require the 

Department to implement its planned reduction in management 

headquarters budgets and personnel for certain organizations in 

the National Capital Region. Lastly, it would clarify that 

civilian employees funded from working-capital funds are not 

subject to the reduction requirement.

The Senate amendment contained a similar provision (sec. 

351) that would cut 30 percent from the budgets of headquarters 

activities over the next 4 years and require the Secretary of 

Defense to perform a comprehensive review of these activities 

and consider elimination, consolidation, and downsizing where 

appropriate.

The Senate recedes with an amendment that would require 

the Department to plan and budget for $10.0 billion in cost 

savings in its headquarters, administrative and support 

activities between fiscal year 2015 and 2019. The amendment 

would also require at least a 25 percent reduction to 

headquarters activities, which would count towards the $10.0 

billion savings. Finally, the amendment would require a 

comprehensive review of headquarters, administrative and support 

functions with an eye towards streamlining and consolidating 

these functions across the Department of Defense.
44 

The conferees believe that the Secretary must credit the 

reductions, as having been accomplished in earlier fiscal years 

in accordance with the December 2013 Directive, as part of the 

baseline amount under this section for all of the Department of 

Defense headquarters and the specific baseline amounts for each 

such headquarters activity. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Additional authorization of appropriations for the Office of 

Economic Adjustment 

 The House bill contained a provision (sec. 302) that would 

authorize $25.0 million for transportation projects on local 

roads that would help mitigate traffic congestion associated 

with the military facility. 

 The Senate amendment contained no similar provision. 

 The House recedes. 

 The conferees note that the Defense Access Road program 

provides such funds around military installations where 

warranted. 

 

Report on efforts to reduce high energy costs at military 

installations 

 The Senate amendment contained a provision (sec. 312) that 

would require the Under Secretary of Defense for Acquisition, 

Technology, and Logistics, in consultation with the assistant 

secretaries responsible for energy installations and environment 

for the military services and the Defense Logistics Agency, to 

conduct an assessment of the efforts to achieve cost savings at 

military installations with high energy costs. 

 The House bill contained no similar provision. 

 The Senate recedes. 

 The conferees encourage the Assistant Secretary of Defense 

for Energy, Installations, and Environment to include in the 

Department’s Annual Energy Management Report an assessment of 

cost reduction efforts by military installations with high 

energy costs to include state and local partnership 

opportunities. 

Exemption of Department of Defense from alternative fuel 

procurement 

 The House bill contained a provision (sec. 315) that would 

amend section 526 of the Energy Independence and Security Act of 
45

2007 (Public Law 110-140) to exempt the Department of Defense 

from the requirements related to contracts for alternative or 

synthetic fuel in that section. 

The Senate amendment contained no similar provision. 

The House recedes.

Limitation on plan, design, refurbishing, or construction of 

biofuels refineries

The House bill contained a provision (sec. 316) that would 

require the Department of Defense to obtain a congressional 

authorization before entering into a contract for the planning, 

design, refurbishing, or construction of a biofuels refinery. 

The Senate amendment contained no similar provision. 

The House recedes.

Comprehensive study on impact of proposed ozone rule

The House bill contained a provision (sec. 317) that would 

require the Department of Defense to conduct a comprehensive 

study on the impact of any final rule to the National Ambient 

Air Quality Standards for Ozone on military readiness.

The Senate amendment contained no similar provision.

The House recedes. 

Assignment of certain new requirements based on determinations 

of cost-efficiency

The House bill contained a provision (sec. 321) that would 

assign certain new work requirements based on determinations of 

cost-efficiency.

The Senate amendment contained no similar provision.

The House recedes.

The conferees note that sec. 321 is one of three 

provisions, along with sections 717 and 907, considered by the 

conferees that cited Department of Defense Instruction (DODI) 

7041.04, “Estimating and Comparing the Full Costs of Civilian 

and Active-Duty Military Manpower and Contract Support,” as the 

prescribed methodology for making cost comparisons between DOD 

workforce sectors if the work is not inherently governmental or 

otherwise exempt from private-sector performance. The conferees 

also note that the Senate Committee on Armed Services included 

in Senate Report 114-49 language directing the Secretary of 

Defense to submit a report setting forth the results of a study 

comparing the fully burdened cost of performance by Department 

of Defense (DOD) civilians and contractors.
46

The conferees recognize that the costing methodology in 

DODI 7041.04, while validated by the DOD Office of Cost 

Assessment and Program Evaluation (CAPE), “continues to have 

certain limitations,” as reported by the Government 

Accountability Office in GAO-13-792, “Opportunities Exist to 

Further Improve DOD’s Methodology for Estimating the Costs of 

Its Workforces.” In the same report, GAO raised questions 

“about the extent to which ... officials throughout DOD are aware 

of a requirement to use the methodology for decisions other than 

in-sourcing.” 

In light of these findings, the conferees direct the 

Secretary of Defense, in responding to the reporting requirement 

in Senate Report 114-49 referenced above, to address the 

following additional items: (1) What steps has the Department 

taken to comply with the recommendations in GAO-13-792 for 

improving the costing methodology in DODI 7041.04; (2) What 

guidance has the Office of the Secretary of Defense issued to 

military components and defense agencies regarding the use of 

the cost-comparison process to make workforce mix decisions; (3) 

What roles do CAPE and the Office of the DOD Comptroller play in 

the cost-comparison process, both prior to workforce sourcing 

decisions being made and in tracking workforce sourcing 

outcomes; (4) What is the Office of the Secretary of Defense 

doing to ensure the skills, training, or experience needed to 

effectively perform manpower cost comparisons are available in 

the DOD workforce, including completion of the competency gap 

assessments cited in GAO-13-188, “Critical Skills and Competency 

Assessments Should Help Guide DOD Civilian Workforce Decisions”; 

and (5) How will the findings in the report required in Senate 

Report 114-49 be used to improve and correct current limitations 

of the cost-comparison process outlined in DODI 7041.04?

Access to wireless high-speed Internet and network connections 

for certain members of the Armed Forces deployed overseas

The House bill contained a provision (sec. 334) that would 

require the Secretary of Defense to enter into contracts with 

third-party vendors to provide wireless high-speed Internet and 

network connections for certain members of the Armed Forces 

deployed overseas.

The Senate amendment contained no similar provision.

The House recedes. 

Assessment of outreach for small business concerns owned and 

controlled by women and minorities required before conversion of 

certain functions to contractor performance
47

The House bill contained a provision (sec. 336) that would 

limit the conversion of a function to performance by a 

contractor until an assessment has been made as to whether the 

Department has carried out sufficient outreach programs to 

assist small business concerns owned and controlled by women (as 

such term is defined in section 8(d)(3)(D) of the Small Business 

Act (15 U.S.C. 637(d)(3)(D))) and small business concerns owned 

and controlled by socially and economically disadvantaged 

individuals (as such term is defined in section 8(d)(3)(C) of 

the Small Business Act (15 U.S.C. 637(d)(3)(C))) that are 

located in the geographic area near the military base.

The Senate amendment contained no similar provision.

The House recedes.

Pilot program on intensive instruction in certain Asian 

languages

The Senate amendment contained a provision (sec. 354) 

authorizing the Secretary of Defense, in consultation with the 

National Education Board, to carry out a pilot program to assess 

the feasibility and advisability of providing scholarships in 

accordance with the David L. Boren National Security Education 

Act of 1991 (50 U.S.C. 1901 et seq.) to individuals for 

intensive language instruction in a covered Asian language where 

deficiencies exist.

The House bill contained no similar provision.

The Senate recedes.

The conferees note the need for intensive Asian language 

training, and direct the Secretary of Defense to provide the 

defense committees with a briefing no later than April 15, 2016, 

on the steps Department of Defense is taking to meet that need 

within the context of the Administration’s policy to rebalance 

to the Asia-Pacific region.

Sense of Senate on finding efficiencies within the workingcapital fund activities of the Department of Defense

The Senate amendment contained a provision (sec. 1005) 

that would provide a sense of the Senate for the Secretary of 

Defense to ensure a strong organic industrial base workforce.

The House bill contained no similar provision. 

The conference agreement does not include this provision. 

The conferees note that the Secretary of Defense should 

continue to optimize existing workload plans to ensure a strong 

organic industrial base workforce.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
48

SUBTITLE A—ACTIVE FORCES

End strengths for active forces (sec. 401)

The House bill contained a provision (sec. 401) that would 

authorize the following end strengths for active-duty personnel 

of the Armed Forces as of September 30, 2016: Army, 475,000; 

Navy, 329,200; Marine Corps, 184,000; and Air Force, 320,715.

The Senate amendment contained a similar provision (sec. 

401) that would authorize active-duty end strength for the Air 

Force of 317,000.

The agreement includes the House provision.

End strength levels for the active forces for fiscal 

year 2016 are set forth in the following table: _________________________________________________________________________________________________

 FY 2016 Change from

 __________________________ __________________________

 Service FY 2015 

 Authorized Request Recommendation FY 2016 FY 2015

 Request Authorized

_________________________________________________________________________________________________

Army ..................... 490,000 475,000 475,000 0 -15,000

Navy ..................... 323,600 329,200 329,200 0 +5,600 

Marine Corps ............. 184,100 184,000 184,000 0 -100

Air Force ................ 312,980 317,000 320,715 +3,715 +7,735

 _______________________________________________________________________

 DOD Total ....... 1,310,680 1,305,200 1,308,915 0 -1,765

_________________________________________________________________________________________________

Revisions in permanent active duty end strength minimum levels 

(sec. 402)

The House bill contained a provision (sec. 402) that would 

revise the permanent Active-Duty end strength minimum levels 

contained in Section 691(b) of title 10, United States Code.

The Senate amendment contained a provision (sec. 402) that 

would repeal section 691 of title 10, United States Code. The 

provision would also amend section 115 of title 10, United 

States Code, to provide the Secretary of Defense and the service 

secretaries authority to vary military personnel end strengths 

below those authorized in title IV of this Act.

The Senate recedes with an amendment that would amend 

subsection (e) of section 691 of title 10, United States Code, 

to increase the variance authority of the Secretary of Defense 

contained in that section from 0.5 percent to 2 percent.
49

SUBTITLE B—RESERVE FORCES

End strengths for Selected Reserve (sec. 411)

The House bill contained a provision (sec. 411) that would 

authorize the following end strengths for Selected Reserve 

personnel of the Armed Forces as of September 30, 2016: the Army 

National Guard, 342,000; the Army Reserve, 198,000; the Navy 

Reserve, 57,400; the Marine Corps Reserve, 38,900; the Air 

National Guard of the United States, 105,500; the Air Force 

Reserve, 69,200; and the Coast Guard Reserve, 7,000.

The Senate amendment contained an identical provision 

(sec. 411).

The conference agreement includes this provision.

End strength levels for the Selected Reserve for fiscal 

year 2016 are set forth in the following table: 

_________________________________________________________________________________________________

 FY 2016 Change from

 __________________________ __________________________

 Service FY 2015 

 Authorized Request Recommendation FY 2016 FY 2015

 Request Authorized

_________________________________________________________________________________________________

Army National Guard ..... 350,200 342,000 342,000 0 -8,200

Army Reserve ............ 202,000 198,000 198,000 0 -4,000

Navy Reserve ............ 57,300 57,400 57,400 0 +100

Marine Corps Reserve .... 39,200 38,900 38,900 0 -300

Air National Guard ...... 105,000 105,500 105,500 0 +500

Air Force Reserve ....... 67,100 69,200 69,200 0 +2,100

 ________________________________________________________________________

 DOD Total ....... 820,800 811,000 811,000 0 -9,800

Coast Guard Reserve ..... 9,000 7,000 7,000 0 -2,000

_________________________________________________________________________________________________

End strengths for reserves on active duty in support of the 

reserves (sec. 412)

The House bill contained a provision (sec. 412) that would 

authorize the following end strengths for Reserves on Active 

Duty in support of the reserve components as of September 30, 

2016: the Army National Guard of the United States, 30,770; the 

Army Reserve, 16,261; The Navy Reserve, 9,934; the Marine Corps 

Reserve, 2,260; the Air National Guard of the United States, 

14,748; and the Air Force Reserve, 3,032.

The Senate amendment contained a provision (sec. 412) that 

would authorize the end strengths for the Reserves on Active 

Duty in support of the reserve components by the same amounts as 

the House bill and further required the Chief of the National 
50

Guard Bureau to take into account the actual number of members 

of the Army National Guard of the United States serving in each 

state as of September 30 each year when allocating full-time 

duty personnel in the Army National Guard of the United States.

The Senate recedes. 

The conferees note that the Senate amendment expressed the 

Sense of the Senate that the National Guard Bureau should 

account for states that routinely recruit and retain members in 

excess of state authorizations when allocating full-time 

operational support duty personnel. The conferees encourage the 

National Guard Bureau to consider this when allocating full-time 

duty support personnel.

End strength levels for the reserves on active duty in 

support of the reserves for fiscal year 2016 are set forth in 

the following table: 

_________________________________________________________________________________________________

 FY 2016 Change from

 __________________________ __________________________

 Service FY 2015 

 Authorized Request Recommendation FY 2016 FY 2015

 Request Authorized

_________________________________________________________________________________________________

Army National Guard ...... 31,385 30,770 30,770 0 -615

Army Reserve ............. 16,261 16,261 16,261 0 0

Navy Reserve ............. 9,973 9,934 9,934 0 -39

Marine Corps Reserve ..... 2,261 2,260 2,260 0 -1

Air National Guard ....... 14,704 14,748 14,748 0 +44

Air Force Reserve ........ 2,830 3,032 3,032 0 +202

 ________________________________________________________________________

 DOD Total ......... 77,414 77,005 77,005 0 -409

_________________________________________________________________________________________________

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

The House bill contained a provision (sec. 413) that would 

authorize the following end strengths for military technicians 

(dual status) as of September 30, 2016: the Army National Guard 

of the United States, 26,099; the Army Reserve, 7,395; the Air 

National Guard of the United States, 22,104; and the Air Force 

Reserve, 9,814.

The Senate amendment contained an identical provision 

(sec. 413).

The conference agreement includes this provision.

End strength levels for military technicians (dual status) 

for fiscal year 2016 are set forth in the following table: 
51 

_________________________________________________________________________________________________

 FY 2016 Change from

 __________________________ __________________________

 Service FY 2015 

 Authorized Request Recommendation FY 2016 FY 2015

 Request Authorized

_________________________________________________________________________________________________

Army National Guard ..... 27,210 26,099 26,099 0 -1,111

Army Reserve ............ 7,895 7,395 7,395 0 -500

Air National Guard ...... 21,792 22,104 22,104 0 +312

Air Force Reserve ....... 9,789 9,814 9,814 0 +25

 _______________________________________________________________________

 DOD Total ........ 66,686 65,412 65,412 0 -1,274

_________________________________________________________________________________________________

Fiscal year 2016 limitation on number of non-dual status 

technicians (sec. 414) 

 The House bill contained a provision (sec. 414) that would 

authorize the following personnel limits for the reserve 

components of the Army and Air Force for non-dual status 

technicians as of September 30, 2016: the Army National Guard of 

the United States, 1,600; the Air National Guard of the United 

States, 350; the Army Reserve, 595; and the Air Force Reserve, 

90. 

 The Senate amendment contained an identical provision 

(sec. 414). 

 The conference agreement includes this provision. 

 End strength levels for the non-dual status technicians 

for fiscal year 2016 are set forth in the following table: 

_________________________________________________________________________________________________

 FY 2016 Change from

 __________________________ __________________________

 Service FY 2015 

 Authorized Request Recommendation FY 2016 FY 2015

 Request Authorized

_________________________________________________________________________________________________

Army National Guard...... 1,600 1,600 1,600 0 0

Air National Guard....... 350 350 350 0 0

Army Reserve ............ 595 595 595 0 0

Air Force Reserve ....... 90 90 90 0 0 

 _______________________________________________________________________

 DOD Total ........ 2,635 2,635 2,635 0 0

_________________________________________________________________________________________________

Maximum number of reserve personnel authorized to be on active 

duty for operational support (sec. 415)
52 

 The House bill contained a provision (sec. 415) that would 

authorize the maximum number of reserve component personnel who 

may be on Active Duty or full-time National Guard duty under 

section 115(b) of title 10, United States Code, during fiscal 

year 2016 to provide operational support. 

 The Senate amendment contained an identical provision 

(sec. 415). 

 The conference agreement includes this provision. 

 End strength levels for reserve personnel authorized to be 

on Active Duty for operational support for fiscal year 2016 are 

set forth in the following table: 

_________________________________________________________________________________________________

 FY 2016 Change from

 __________________________ __________________________

 Service FY 2015 

 Authorized Request Recommendation FY 2016 FY 2015

 Request Authorized

_________________________________________________________________________________________________

Army National Guard ...... 17,000 17,000 17,000 0 0

Army Reserve ............. 13,000 13,000 13,000 0 0

Navy Reserve ............. 6,200 6,200 6,200 0 0

Marine Corps Reserve ..... 3,000 3,000 3,000 0 0

Air National Guard ....... 16,000 16,000 16,000 0 0

Air Force Reserve ........ 14,000 14,000 14,000 0 0

 ________________________________________________________________________

 DOD Total ......... 69,200 69,200 69,200 0 0

_________________________________________________________________________________________________

SUBTITLE C—AUTHORIZATION OF APPROPRIATIONS 

Military personnel (sec. 421) 

 The House bill contained a provision (sec. 421) that would 

authorize appropriations for military personnel at the levels 

identified in the funding table in section 4401 of this Act. 

 The Senate amendment contained an identical provision 

(sec. 421). 

 The conference agreement includes this provision. 

Report on force structure of the Army (sec. 422) 

 The House bill contained a provision (sec. 422) that would 

require a report on the force structure of the Army. 

 The Senate amendment contained no similar provision. 

 The Senate recedes. 

LEGISLATIVE PROVISIONS NOT ADOPTED
53

Chief of the National Guard Bureau authority to increase certain 

end strengths applicable to the Army National Guard

The Senate amendment contained a provision (sec. 416) that 

would provide the Chief of the National Guard Bureau with the 

authority to increase the fiscal year 2016 end strength of the 

Selected Reserve personnel of the Army National Guard as 

specified in section 411(a)(1) by up to 3,000 members, the end 

strength of the Reserves serving on full-time duty for the Army 

National Guard as specified in section 412(1) by 615 Reserves, 

and military technicians (dual status) for the Army National 

Guard as specified in section 413(1) by 1,111. The provision 

contains a limitation stating that the Chief of the National 

Guard Bureau may only increase an end strength using the 

authority contained in this section if such increase is paid for 

entirely out of the readiness funds appropriated for fiscal year 

2016 for Operation and Maintenance, Army National Guard.

The House bill contained no similar provision.

The Senate recedes. 

TITLE V—MILITARY PERSONNEL POLICY

SUBTITLE A—OFFICER PERSONNEL POLICY

Reinstatement of enhanced authority for selective early 

discharge of warrant officers (sec. 501)

The Senate amendment contained a provision (sec. 506) that 

would amend section 508a of title 10, United States Code, to 

reinstate authority for service secretaries to convene selection 

boards to consider regular warrant officers on the Active-Duty 

list for involuntary discharge during the period October 1, 

2015, through September 30, 2019. 

The House bill contained no similar provision.

The House recedes.

Equitable treatment of junior officers excluded from an allfully-qualified officers list because of administrative error 

(sec. 502)

The House bill contained a provision (sec. 501) that would 

amend section 624(a)(3) of title 10, United States Code, to 

authorize a service secretary to prepare a supplemental list of 

officers considered all-fully-qualified when one or more 

officers or former officers are not placed on an all-fullyqualified list due to administrative error. The House provision 
54

would also amend section 14308(b)(4) of title 10, United States 

Code, to authorize a service secretary to prepare a similar 

supplemental list for officers on Reserve active-status who are 

not placed on an all-fully-qualified list due to administrative 

error.

The Senate amendment contained no similar provision.

The Senate recedes.

Enhanced flexibility for determination of officers to continue 

on active duty and for selective early retirement and early 

discharge (sec. 503)

The Senate amendment contained a provision (sec. 504) that 

would amend section 638(a) of title 10, United States Code, 

relating to the authority for selective early retirement and 

early discharges to eliminate the restriction that the number of 

officers recommended for discharge by a selection board may not 

be more than 30 percent of the number of officers in each grade, 

year group, or specialty (or combination thereof) in each 

competitive category. The provision would impose the same 

restriction that applies to boards to select officers for early 

retirement, which provides that the number of officers 

recommended for retirement may not be more than 30 percent of 

the number of officers considered. 

The House bill contained no similar provision.

The House recedes.

Authority to defer until age 68 mandatory retirement for age of 

a general or flag officer serving as Chief or Deputy Chief of 

Chaplains of the Army, Navy or Air Force (sec. 504)

The House bill contained a provision (sec. 502) that would 

amend section 1253 of title 10, United States Code, to authorize 

service secretaries to defer the retirement of general and flag 

officers serving as the Chief or Deputy Chief of Chaplains in 

their respective Services to age 68. 

The Senate amendment contained a similar provision (sec. 

505).

The Senate recedes.

General rule for warrant officer retirement in highest grade 

held satisfactorily (sec. 505)

The Senate amendment contained a provision (sec. 507) that 

would amend section 1371 of title 10, United States Code, to 

authorize a service secretary to retire warrant officers in the 
55

highest grade in which they served satisfactorily before 

retirement.

 The House bill contained no similar provision.

The House recedes with a clarifying amendment.

Implementation of Comptroller General recommendation on the 

definition and availability of costs associated with general and 

flag officers and their aides (sec. 506)

The House bill contained a provision (sec. 503) that would 

require the Secretary of Defense to direct the Director, Cost 

Assessment and Program Evaluation, to define certain costs 

associated with general and flag officers for the purpose of 

estimating and managing the full costs associated with these 

officers and aides.

The Senate amendment contained no similar provision.

The Senate recedes with a clarifying amendment.

SUBTITLE B—RESERVE COMPONENT MANAGEMENT

Continued service in the Ready Reserve by Members of Congress 

who are also members of the Ready Reserve (sec. 511)

The House bill contained a provision (sec. 512) that would 

amend section 10149 of title 10, United States Code, to require 

that members of the Ready Reserve who occupy certain federal key 

positions whose mobilization in an emergency would seriously 

impair the capability of a federal agency or office to function 

effectively are not retained in the Ready Reserve.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would amend 

section 10149 of title 10, United States Code, to provide that a 

member of the Ready Reserve who is also a member of Congress may 

not be transferred to the Standby Reserve or discharged on 

account of the individual's position as a Member of Congress 

unless the Secretary of Defense, or in the Coast Guard Reserve, 

the Secretary of the Department in which the Coast Guard is 

operating, determines that transfer or discharge is based on the 

needs of the service.

Clarification of purpose of reserve component special selection 

boards as limited to correction of error at a mandatory 

promotion board (sec. 512)

The House bill contained a provision (sec. 511) that would 

modify section 14502(b) of title 10, United States Code, to 
56 

conform the authority for convening special selection boards for 

Reserve officers with the authority for Active-Duty officers in 

cases in which an officer is considered by a mandatory promotion 

board, but is not selected due to a material error of fact, 

material administrative error, or the board did not have before 

it material information for its consideration. 

 The Senate amendment contained a similar provision (sec. 

512). 

 The Senate recedes. 

Increase in number of days of Active Duty required to be 

performed by reserve component members for duty to be considered 

Federal service for purposes of unemployment compensation for 

ex-servicemembers (sec. 513) 

 The Senate amendment contained a provision (sec. 592) that 

would increase from 90 to 180 days the number of continuous days 

of Active Duty required to be performed by reserve component 

members for that duty to be considered satisfactory federal 

service for purposes of unemployment compensation for exservicemembers. 

 The House bill contained no similar provision. 

 The House recedes. 

Temporary authority to use Air Force reserve component personnel 

to provide training and instruction regarding pilot training 

(sec. 514) 

 The Senate amendment contained a provision (sec. 514) that 

would authorize the Secretary of the Air Force to utilize, 

during fiscal year 2016, up to 50 Active, Guard, and Reserve 

(AGR) members and dual-status military technicians to provide 

training and instruction to active duty and foreign military 

personnel in excess of what is currently authorized by the AGR 

and military technician statutes. The provision would also 

require the Secretary, by no later than 180 days after the date 

of enactment of this Act, to provide the Committees on Armed 

Services of the Senate and House of Representatives a report 

setting forth a plan to eliminate pilot training shortages 

within the Air Force using authorities available to the 

Secretary under current law. 

 The House bill contained no similar provision. 

 The House recedes with a technical amendment. 

Assessment of Military Compensation and Retirement Modernization 

Commission recommendation regarding consolidation of authorities
57

to order members of Reserve components to perform duty (sec. 

515)

The House bill contained a provision (sec. 521) that would 

require the Secretary of Defense and the Secretary of Homeland 

Security to prescribe policies and procedures for the Armed 

Forces when members of the Ready Reserve are ordered to active 

duty.

The House bill contained a provision (sec. 522) that would 

amend chapter 1209 of title 10, United States Code, to 

redesignate inactive duty of the Reserve component to encompass 

operational and other duties performed while in an active duty 

status.

The House bill contained a provision (sec. 523) that would 

amend chapter 1209 of title 10, United States Code, to add a new 

subchapter on the purpose of Reserve duty.

The House bill contained a provision (sec. 524) that would 

amend chapter 5 of title 32, United States Code, and insert a 

new section on training and other duty performed by members of 

the National Guard.

The House bill contained a provision (sec. 525) that would 

make certain conforming and clerical amendments related to the 

authorities to be added or modified by sections 521, 522, 523 

and 524 of the House bill.

The House bill contained a provision (sec. 526) that would 

require the Secretary of Defense and the Secretary of the 

Homeland Security to submit a plan to the Committees on Armed 

Services of the Senate and of the House of Representatives, to 

implement the authorities to be added or modified by sections 

521, 522, 523, 524 and 525 of the House bill.

The Senate amendment contained no similar provisions.

The Senate recedes with an amendment that would require 

the Secretary of Defense to submit a report to the Committees on 

Armed Services of the Senate and the House of Representatives, 

not later than 180 days after the date of enactment of this Act, 

containing the Secretary’s assessment of the Military 

Compensation and Retirement Modernization Commission’s 

recommendation to consolidate the statutory authorities by which 

members of the reserve components may be ordered to perform 

duty. The report shall include the Secretary’s assessment of the 

Commission’s recommendation to consolidate 30 Reserve Component 

duty statuses into 6 broader statuses, with an analysis of each 

of the statuses recommended by the Commission. If the Secretary 

determines that a different consolidation is preferable, the 

report should clearly articulate why the Secretary’s 

recommendation is preferable to the specific recommendation of 

the Commission. The report should include draft legislation to 
58 

implement the recommendations of the Secretary not later than 1 

October 2018. 

SUBTITLE C—GENERAL SERVICE AUTHORITIES 

Limited authority for Secretary concerned to initiate 

applications for correction of military records (sec. 521) 

 The Senate amendment contained a provision (sec. 586) that 

would amend section 1552(b) of title 10, United States Code, to 

authorize the service secretaries to apply for a correction to 

military records on behalf of an individual. 

 The House bill contained no similar provision. 

 The House recedes with an amendment that would authorize 

the service secretaries to initiate an application on behalf of 

a group of members or former members who were similarly harmed 

by the same error or injustice. 

Temporary authority to develop and provide additional 

recruitment incentives (sec. 522) 

 The House bill contained a provision (sec. 531) that would 

authorize the service secretaries to develop new incentives to 

encourage recruitment into the Armed Forces. If a service 

secretary utilizes the authority provided, they shall submit a 

report to the congressional defense committees. 

 The Senate amendment contained no similar provision. 

 The conference agreement includes this provision. 

Expansion of authority to conduct pilot programs on career 

flexibility to enhance retention of members of the Armed Forces 

(sec. 523) 

 The House bill contained a provision (sec. 532) that would 

modify section 533 of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110-417) to 

remove the prohibition for participation by members of the Armed 

Forces serving under an agreement upon entry, or members 

receiving a critical military skill retention bonus under 

section 355 of title 37, United States Code, from participating 

in pilot programs on career flexibility to enhance retention. 

The provision would also remove the restriction that limits the 

number of participants in the program to 20 officers and 20 

enlisted members who may be selected to participate in the pilot 

program during a calendar year. 
59

The Senate amendment contained a similar provision (sec. 

522).

The Senate recedes. 

Modification of notice and wait requirements for change in 

ground combat exclusion policy for female members of the Armed 

Forces (sec. 524)

The House bill contained a provision (sec. 533) that would 

amend section 652(a) of title 10, United States Code, to 

prescribe a notice requirement of not less than 30 calendar days 

before certain changes in assignment policies for women are 

implemented.

The Senate amendment contained no similar provision.

The Senate recedes.

Role of Secretary of Defense in development of gender-neutral 

occupational standards (sec. 525)

The House bill contained a provision (sec. 534) that would 

require the Secretary of Defense to include measuring the combat 

readiness of combat units, including special operations forces, 

when developing gender-neutral occupational standards. 

The Senate amendment contained a similar provision (sec. 

523).

The Senate recedes. 

The conferees note that the development of gender-neutral 

occupational standards is vital in determining the occupational 

assignments of all members of the Armed Forces. The conferees 

believe that studies being conducted by the Armed Forces are 

important to the development of these standards and should 

incorporate the best scientific practices available and that the 

Armed Forces should consider these studies carefully to ensure 

they do not result in unnecessary barriers to service and that 

decisions on occupational assignments be based on objective 

analysis and not negatively impact combat effectiveness, 

including units whose primary mission is to engage in direct 

ground combat at the tactical level.

Establishment of process by which members of the Armed Forces 

may carry an appropriate firearm on a military installation 

(sec. 526)

The House bill contained a provision (sec. 539) that would 

require the Secretary of Defense to establish a process by which 

the commander of a military installation in the United States 

may authorize a member of the Armed Forces who is assigned to 
60

duty at the installation to carry a concealed personal firearm 

on the installation.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would require 

the Secretary of Defense to establish a process by which the 

commander of a military installation in the United States, 

reserve center, recruiting center, or other defense facility may 

authorize a member of the Armed Forces who is assigned to the 

installation or facility to carry an appropriate firearm on the 

installation if the commander determines it necessary as a 

personal or force-protection measure. The amendment requires the 

Secretary of Defense to consider the views of senior leadership 

of military installations in establishing the process.

The conferees remain concerned about the response times to 

active shooter attacks on U.S. military installations and 

facilities. We believe that such response times should be 

diminished in order to protect U.S. servicemembers and their 

families. The conferees believe that commanders of U.S. 

military installations and facilities should take steps to arm 

additional personnel in order to diminish response times to 

active shooter attacks if they believe that arming those 

personnel will contribute to that goal.

Establishment of breastfeeding policy for the Department of the 

Army (sec. 527)

The House bill contained a provision (sec. 537) that would 

require the Secretary of the Army to establish a comprehensive 

policy on breastfeeding by female servicemembers of the Army.

The Senate amendment contained no similar provision.

The Senate recedes.

Sense of Congress recognizing the diversity of the members of 

the Armed Forces (sec. 528)

The House bill contained a provision (sec. 538) that would 

express the sense of Congress that the United States should 

recognize and promote diversity in the Armed Forces and honor 

those from all diverse backgrounds and religious traditions 

serving in the Armed Forces.

The Senate amendment contained a similar provision (sec. 

524). 

The House recedes.
61

SUBTITLE D—MILITARY JUSTICE, INCLUDING 

SEXUAL ASSAULT AND DOMESTIC PREVENTION AND 

RESPONSE

Enforcement of certain crime victim rights by the Court of 

Criminal Appeals (sec. 531)

The Senate amendment contained a provision (sec. 549) that 

would amend section 806b of title 10, United States Code, 

(Article 6b, Uniform Code of Military Justice (UCMJ)), to 

authorize an interlocutory appeal to the Court of Criminal 

Appeals by a victim based on an assertion that the victim’s 

rights at an Article 32, UCMJ, investigation were violated or 

that the victim is subject to an order to submit to a deposition 

notwithstanding the fact that the victim is available to testify 

at a court-martial. 

The House bill contained no similar provision.

The House recedes with an amendment authorizing a victim 

to petition the Court of Criminal Appeals for a writ of mandamus 

based on an assertion that the victim’s rights at an Article 32, 

UCMJ, investigation were violated or that the victim is subject 

to an order to submit to a deposition notwithstanding the fact 

that the victim is available to testify at a court-martial. 

Department of Defense civilian employee access to Special 

Victims' Counsel (sec. 532)

The House bill contained a provision (sec. 542) that would 

amend section 1044e(a)(2) of title 10, United States Code, to 

offer Special Victims' Counsel services to a civilian employee

of the Department of Defense who is a victim of a sex-related 

offense, when authorized by the Secretary of Defense or the 

secretary of the military department concerned.

The Senate amendment contained no similar provision.

The Senate recedes.

Authority of Special Victims' Counsel to provide legal 

consultation and assistance in connection with various 

government proceedings (sec. 533)

The House bill contained a provision (sec. 544) that would 

amend section 1044e(b) of title 10, United States Code, to 

authorize Special Victims' Counsel to represent and assist 

clients in actions or proceedings that, in the judgment of the 

Special Victims' Counsel, may have been undertaken in 
62

retaliation for the victim's report of an alleged sex-related 

offense or for the victim's involvement in related military 

justice proceedings.

The Senate amendment contained a similar provision (sec. 

552).

The House recedes.

Timely notification to victims of sex-related offenses of the 

availability of assistance from Special Victims' Counsel (sec. 

534)

The House bill contained a provision (sec. 545) that would 

amend section 1044e(f)(1) of title 10, United States Code, to 

require the victim to be provided notice of the availability of 

Special Victims' Counsel before being interviewed by a person 

identified or designated by the Secretary concerned concerning 

the alleged sex-related offense, or before being requested to 

provide a statement.

The Senate amendment contained a similar provision (sec. 

551).

The Senate recedes with an amendment that would require 

that a victim of a sex-related offense be provided notice of the 

availability of a Special Victims' Counsel before any military 

criminal investigator or trial counsel interviews, or requests 

any statement from, the individual regarding the alleged sexrelated offense, subject to such exceptions for exigent 

circumstances as the Secretary may prescribe. 

Additional improvements to Special Victims' Counsel program 

(sec. 535)

The House bill contained a provision (sec. 541) that would 

amend section 1044e(d) of title 10, United States Code, to 

require the Secretary of Defense to direct the military 

departments to implement additional selection requirements 

requiring adequate criminal justice experience before they are 

assigned as Special Victims' Counsel and to prescribe 

standardized training requirements. The House provision would 

also amend section 1044e(e) of title 10, United States Code, to 

require the Secretary of Defense to establish program 

performance measures and standards to provide centralized, 

standardized oversight and assessment of Special Victims' 

Counsel program effectiveness and client satisfaction. The 

amendment would also require the Secretary of Defense to require 

the military departments to conduct regular evaluations to 

ensure Special Victims' Counsel are assigned to locations that 

maximize the opportunity for face-to-face interactions between 
63

counsel and clients, and to develop effective means for 

interaction between counsel and clients when face-to-face 

communication is not feasible.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that does not include 

the requirement for "adequate" military justice experience. The 

conferees note that there is no similar requirement for adequate 

military justice experience for trial counsel or defense 

counsel. We expect the Judge Advocates General and the Staff 

Judge Advocate to the Commandant of the Marine Corps to 

carefully select and train the optimal candidates to effectively 

and zealously perform Special Victims' Counsel duties. 

Enhancement of confidentiality of restricted reporting of sexual 

assault in the military (sec. 536)

The Senate amendment contained a provision (sec. 553) that 

would amend subsection (b) of section 1565b of title 10, United 

States Code, to provide that federal law protecting the privacy 

of victims who are servicemembers or adult military dependents 

and who file restricted reports of sexual assault would preempt 

any state laws that require mandatory reporting made to a sexual 

assault response coordinator, a sexual assault victim advocate, 

or healthcare personnel providing assistance to a military 

sexual assault victim under section 1525b of title 10, United 

States Code, except when reporting is necessary to prevent or 

mitigate a serious and imminent threat to the health or safety 

of an individual. 

The House bill contained no similar provision.

The House recedes with a technical amendment.

The conferees expect that the Department of Defense will 

take all necessary action to ensure that Department personnel 

are fully supported and vigorously represented in response to 

any actions by a state licensing authority considering 

potentially adverse licensing or similar credentialing action 

based on actions of an officer or employee of the Department who 

acts in an official professional capacity in reliance on this 

authority. 

Modification of deadline for establishment of Defense Advisory 

Committee on Investigation, Prosecution, and Defense of Sexual 

Assault in the Armed Forces (sec. 537)

The Senate amendment contained a provision (sec. 555) that 

would amend section 546(a)(2) of the Carl Levin and Howard P. 

"Buck" McKeon National Defense Authorization Act for Fiscal Year 
64

2015 (Public Law 113-291) to require the Secretary of Defense to 

establish the Defense Advisory Committee on Investigation, 

Prosecution, and Defense of Sexual Assault in the Armed Forces 

not later than 90 days after enactment of this Act.

The House bill contained no similar provision.

The House recedes.

The conferees note that the Judicial Proceedings Panel 

(JPP) has already gathered a significant number of documents 

provided by the Department of Defense, and encourage the Defense 

Advisory Committee on Investigation, Prosecution, and Defense of 

Sexual Assault in the Armed Forces to make full use of the 

information already gathered by and for the JPP.

Improved Department of Defense prevention and response to sexual 

assaults in which the victim is a male member of the Armed 

Forces (sec. 538)

The House bill contained a provision (sec. 550) that would 

require the Secretary of Defense to develop a plan to improve 

prevention and response to sexual assaults in which the victim 

is a male member of the Armed Forces.

The Senate amendment contained no similar provision.

The Senate recedes.

Preventing retaliation against members of the Armed Forces who 

report or intervene on behalf of the victim of an alleged sexrelated offense (sec. 539)

The House bill contained a provision (sec. 549) that would 

require the Secretary of Defense to establish a comprehensive 

strategy to prevent retaliation carried out by members of the 

Armed Forces against other members who report or otherwise 

intervene on behalf of the victim in instances of sexual 

assault. 

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would require a 

briefing on the strategy to prevent retaliation be provided to 

the Committees on Armed Services of the Senate and of the House 

of Representatives not later than 180 days from enactment of 

this Act.

Sexual assault prevention and response training for 

administrators and instructors of Senior Reserve Officers' 

Training Corps (sec. 540)

The House bill contained a provision (sec. 551) that would 

require the secretary of a military department to ensure that 
65

commanders of each unit of the Junior and Senior Reserve 

Officers' Training Corps, all Professors of Military Science, 

senior military instructors and civilians detailed, assigned or 

employed as administrators and instructors of the Reserve 

Officers' Training Corps receive regular sexual assault 

prevention and response training and education. The provision 

also required that secretaries of the military departments 

ensure information regarding legal assistance and the sexual 

assault and prevention program is made available to such 

personnel. 

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would require 

service secretaries to ensure that the commander of each unit of 

the Senior Reserve Officers' Training Corps and all Professors 

of Military Science, senior military instructors, and civilian 

employees detailed, assigned, or employed as administrators and 

instructors of the Senior Reserve Officers' Training Corps 

receive regular sexual assault prevention and response training 

and education.

Retention of case notes in investigations of sex-related 

offenses involving members of the Army, Navy, Air Force, or 

Marine Corps (sec. 541)

The House bill contained a provision (sec. 554) that would 

require the Secretary of Defense to update records retention 

policies, not later than 180 days after the date of enactment of 

this Act, to ensure that all elements of the case file related 

to an alleged sex-related offense be retained as part of the 

investigative records retained in accordance with section 3500 

of title 18, United States Code, and section 586 of the National 

Defense Authorization Act for Fiscal Year 2012 (Public Law 112-

81). 

The Senate amendment contained no similar provision.

The Senate recedes with a technical amendment.

Comptroller General of the United States reports on prevention 

and response to sexual assault by the Army National Guard and

the Army Reserve (sec. 542)

The Senate amendment contained a provision (sec. 556) that 

would require the Comptroller General of the United States to 

submit a report of the extent to which the Army National Guard 

and Army Reserve have in place policies and programs to prevent 

and respond to incidents of sexual assault involving members of 

the Army National Guard and Army Reserve, and provide medical 

and mental health services to members of the Army National Guard 
66

and Army Reserve following a sexual assault, and to identify 

whether service in the Army National Guard or Army Reserve pose 

challenges to the prevention of or response to sexual assault. 

The Comptroller General will provide the initial report to 

Congress not later than April 1, 2016.

The House bill contained no similar provision.

The House recedes.

Improved implementation of changes to Uniform Code of Military 

Justice (sec. 543)

The House bill contained a provision (sec. 558) that would 

require the Secretary of Defense to examine the Department of 

Defense and interagency review process for implementing 

statutory changes to the Uniform Code of Military Justice 

(UCMJ), and to adopt such changes as required to streamline the 

process and to ensure that legal guidance is published at the 

same time as statutory changes to the UCMJ are implemented. 

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would limit the 

scope of the Secretary of Defense review to the process within 

the Department of Defense, and to require that legal guidance is 

issued as soon as practicable after statutory changes to the 

UCMJ are implemented.

Modification of Rule 104 of the Rules for Courts-Martial to 

establish certain prohibitions concerning evaluations of Special 

Victims' Counsel (sec. 544)

The Senate amendment contained a provision (sec. 547) that 

would require that Rule 104(b) of the Rules for Courts-Martial 

be modified within 180 days after the date of enactment of this 

Act to prohibit giving a less favorable rating to any member of 

the Armed Forces serving as a Special Victims' Counsel because 

of the zeal with which such counsel represented a victim.

The House bill contained no similar provision.

The House recedes.

Modification of Rule 304 of the Military Rules of Evidence 

relating to the corroboration of a confession or admission (sec. 

545)

The Senate amendment contained a provision (sec. 546) that 

would amend Rule 304(c) of the Military Rules of Evidence to 

provide that a confession by an accused may be considered as 

evidence against the accused only if independent evidence, 
67

direct or circumstantial, has been admitted into evidence that 

would tend to establish the trustworthiness of the confession.

The House bill contained no similar provision.

The House recedes with an amendment that would, to the 

extent the President considers practicable, authorize the 

President to modify Rule 304(c) of the Military Rules of 

Evidence to conform to the rules governing the corroboration of 

admissions and confessions in the trial of criminal cases in the 

United States district courts. 

SUBTITLE E—MEMBER EDUCATION, TRAINING, AND 

TRANSITION

Enhancements to Yellow Ribbon Reintegration Program (sec. 551)

The House bill contained a provision (sec. 563) that 

would: (1) expand eligibility for the Yellow Ribbon 

Reintegration Program; (2) authorize the Secretary of Defense to 

enter into partnerships or offer grants for the provision of 

quality-of-life services under the program; (3) provide 

flexibility in the number of events and activities provided 

under the program; and (4) require the Office of Reintegration 

Programs to collect and analyze best practices in suicide 

prevention.

The Senate amendment contained a similar provision (sec. 

588).

The Senate recedes.

Availability of preseparation counseling for members of the 

Armed Forces discharged or released after limited Active Duty 

(sec. 552)

The House bill contained a provision (sec. 561) that would 

exclude any day on which a member performed full-time training 

or annual training duty and attendance designated as a service 

school from the calculation of continuous days of Active Duty 

for the purposes of pre-separation counseling.

The Senate amendment contained a similar provision (sec. 

521).

The Senate recedes.

Availability of additional training opportunities under 

Transition Assistance Program (sec. 553)

The House bill contained a provision (sec. 562) that would 

require the Secretaries of Defense and Homeland Security to 
68

permit a member of the Armed Forces to receive additional 

training under the Transition Assistance Program in preparation 

for higher education or training, career or technical training, 

or entrepreneurship.

The Senate amendment contained no similar provision. 

The Senate recedes.

Modification of requirement for in-resident instruction for 

courses of instruction offered as part of Phase II Joint 

Professional Military Education (sec. 554)

The Senate amendment contained a provision (sec. 536) that 

would amend section 2154 of title 10, United States Code, to 

remove the statutory minimum residency requirements for Joint 

Professional Military Education Phase II courses taught at the 

Joint Forces Staff College. The provision would also repeal 

section 2156 of title 10, United States Code, to repeal the 

requirement that the duration of the principal course of 

instruction offered at the Joint Forces Staff College may not be 

less than 10 weeks of resident instruction, and allow the 

Secretary of Defense or the Chairman of the Joint Chiefs of 

Staff to designate and certify various curricula and delivery 

methods that adhere to joint curricula content, student 

acculturation, and faculty requirements.

The House bill contained no similar provision.

The House recedes with an amendment that would authorize 

Joint Professional Military Education Phase II courses to be 

taught in residence at or offered through the Joint Forces Staff 

College or senior level service school designated as a joint 

professional military education institution.

Termination of program of educational assistance for reserve 

component members supporting contingency operations and other 

operations (sec. 555)

The Senate amendment contained a provision (sec. 532) that 

would sunset the program of educational assistance for reserve 

component members supporting contingency operations and other 

operations 4 years after the date of enactment of this Act.

The House bill contained no similar provision. 

The House recedes. 

Appointments to military service academies from nominations made 

by Delegates in Congress from the Virgin Islands, Guam, American 
69

Samoa, and the Commonwealth of the Northern Mariana Islands 

(sec. 556)

The House bill contained a provision (sec. 564) that would 

increase the number of nominations to the military service 

academies that may be nominated by Delegates in Congress from 

the Virgin Islands, Guam, American Samoa, and the Commonwealth 

of the Northern Mariana Islands.

The Senate amendment contained no similar provision.

The Senate recedes.

Support for athletic programs of the United States Military 

Academy (sec. 557)

The Senate amendment contained a provision (sec. 538) that 

would add a new section 4362 to title 10, United States Code, 

that would authorize the Secretary of the Army to:

(1) Enter into contracts and cooperative agreements 

with the Army West Point Athletic Association (Association) for 

the purpose of supporting the athletic and physical fitness 

programs of the United States Military Academy (Academy);

(2) Establish financial controls to account for 

resources of the Academy and the Association, in accordance with 

accepted accounting principles;

(3) Enter into leases or licenses for the purpose of 

supporting the athletic and physical fitness programs of the 

Academy;

(4) Provide support services to the Association;

(5) Accept from the Association funds, supplies, and 

services to support the athletic and physical fitness programs 

of the Academy; and

(6) Enter into contracts and cooperative agreements 

with the Association.

The provision would also authorize the Association to 

enter into licensing, marketing, and sponsorship agreements 

relating to trademark and service marks identifying the Academy, 

subject to the approval of the Secretary of the Army.

The House bill contained no similar provision.

The House recedes with an amendment clarifying that the 

authority granted in this provision is limited to athletic 

programs and not to physical fitness programs. The conferees 

note this limitation is consistent with the authorities granted 

for the other service academies.

Condition on admission of defense industrial civilians to attend 

the United States Air Force Institute of Technology (sec. 558)
70

The House bill contained a provision (sec. 591) that would 

amend Section 9314a(c)(2) of title 10, United States Code, to 

provide conditions on admission of defense industry civilians 

who attend the United States Air Force Institute of Technology. 

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would remove the 

requirement that admission of defense industry civilians to the 

United States Air Force Institute of Technology be on a spaceavailable basis as long as such attendance does not require an 

increase in the size of the faculty, course offerings, or 

laboratory facilities of the school. 

Quality assurance of certification programs and standards for 

professional credentials obtained by members of the Armed Forces 

(sec. 559)

The Senate amendment contained a provision (sec. 537) that 

would amend section 2015 of title 10, United States Code, as 

amended by section 551 of the Carl Levin and Howard P. "Buck" 

McKeon National Defense Authorization Act for Fiscal Year 2015 

(Public Law 113-291) to require the secretaries of the military 

departments to ensure the accreditation provided for 

servicemembers meet recognized national and international 

standards.

The House bill contained no similar provision.

The House recedes.

Prohibition on receipt of unemployment insurance while receiving 

post-9/11 educational assistance (sec. 560)

The Senate amendment contained a provision (sec. 535) that 

would clarify that individuals receiving Post-9/11 Education 

Assistance may not also receive unemployment insurance while 

receiving the post-9/11 education benefit.

The House bill contained no similar provision. 

The House recedes with a technical amendment that would 

exempt individuals who were involuntarily separated from service 

under honorable conditions.

Job training and post-service placement executive committee 

(sec. 561)

The House bill contained a provision (sec. 566) that would 

amend section 320 of title 38, United States Code, to establish 

a Job Training and Post-Service Placement Executive Committee 

under the Department of Veterans Affairs-Department of Defense 

Joint Executive Committee, to review existing job training and 
71 

post-service placement programs and to identify changes to 

improve job training and post-service placement. 

 The Senate amendment contained no similar provision. 

 The Senate recedes. 

Recognition of additional involuntary mobilization duty 

authorities exempt from five-year limit on reemployment rights 

of persons who serve in the uniformed services (sec. 562) 

 The House bill contained a provision (sec. 565) that would 

amend section 4312(c)(4)(A) of title 38, United States Code, to 

insert additional involuntary mobilization authorities as exempt 

from the 5-year limit on reemployment rights of persons who 

serve in the uniformed services. 

 The Senate amendment contained no similar provision. 

 The Senate recedes. 

Expansion of outreach for veterans transitioning from serving on 

Active Duty (sec. 563) 

 The Senate amendment contained a provision (sec. 1083) 

that would amend the Clay Hunt Suicide Prevention for American 

Veterans Act (Public Law 114-2) to expand outreach for veterans 

transitioning from Active Duty to inform those individuals of 

community oriented veteran peer support networks and other 

support programs available to them. 

 The House bill contained no similar provision. 

 The House recedes with a technical amendment. 

SUBTITLE F—DEFENSE DEPENDENTS’ EDUCATION 

AND MILITARY FAMILY READINESS MATTERS 

Continuation of authority to assist local educational agencies 

that benefit dependents of members of the Armed Forces and 

Department of Defense civilian employees (sec. 571) 

 The House bill contained a provision (sec. 571) that would 

authorize $30.0 million in impact act aid to assist local 

education agencies that benefit dependents of members of the 

Armed Forces and Department of Defense civilian employees. 

 The Senate amendment contained a provision (sec. 561) that 

would authorize $25.0 million in impact aid to assist local 

education agencies that benefit dependents of members of the 

Armed Forces and Department of Defense civilian employees. 

 The agreement includes the Senate provision. 
72

Impact aid for children with severe disabilities (sec. 572)

The Senate amendment contained a provision (sec. 562) that 

would authorize $5.0 million in impact-aid for children with 

severe disabilities. 

The House bill contained no similar provision. 

The House recedes. 

Authority to use appropriated funds to support Department of 

Defense student meal programs in domestic dependent elementary 

and secondary schools located outside the United States (sec. 

573)

The Senate amendment contained a provision (sec. 563) that 

would amend section 2243 of title 10, United States Code, to 

include overseas defense dependents’ school located in a 

territory, commonwealth, or possession of the United States.

The House bill contained no similar provision.

The House recedes.

Family support programs for immediate family members of members 

of the Armed Forces assigned to special operations forces (sec. 

574)

The House bill contained a provision (sec. 572) that would 

extend the family support program authority provided for 

immediate family members of members of the Armed Forces assigned 

to Special Operations Forces in section 554 of the National 

Defense Authorization Act for Fiscal Year 2014 (Public Law 113–

66) by 2 years, from 2016 to 2018.

The Senate amendment contained no similar provision.

The Senate recedes with a clarifying amendment.

SUBTITLE G—DECORATIONS AND AWARDS

Authorization for award of the Distinguished-Service Cross for 

acts of extraordinary heroism during the Korean war (sec. 581)

The House bill contained a provision (sec. 581) that would 

waive the time limitations specified in section 3744 of title 

10, United States Code, to authorize the Secretary of the Army 

to award the Distinguished-Service Cross under section 3742 of 

such title to Edward Halcomb, who distinguished himself by acts 

of exceptional heroism while serving in Korea during the Korean 

War as a member of the United States Army in the grade of 

Private First Class, in Company B, 1st Battalion, 29th Infantry 
73

Regiment, 24th Infantry Division from August 20, 1950 to October 

19, 1950.

The Senate amendment contained no similar provision.

The Senate recedes.

SUBTITLE H—MISCELLANEOUS REPORTS AND OTHER 

MATTERS

Coordination with non-government suicide prevention 

organizations and agencies to assist in reducing suicides by 

members of the Armed Forces (sec. 591)

The House bill contained a provision (sec. 595) that would 

require the Secretary of Defense to develop a policy to 

coordinate the efforts of the Department of Defense and nongovernmental suicide prevention organizations and to submit that 

policy to the Committees on Armed Services of the Senate and the 

House of Representatives. 

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would authorize 

the Secretary of Defense, in consultation with the service 

secretaries, to develop a policy to coordinate the efforts of 

the Department of Defense and non-government suicide prevention 

organizations.

Extension of semiannual reports on the involuntary separation of 

members of the Armed Forces (sec. 592)

The Senate amendment contained a provision (sec. 571) that 

would amend section 525(a) of the National Defense Authorization 

Act for Fiscal Year 2013 (Public Law 112–239) to extend the 

requirement for semiannual reports on involuntary separation of 

members of the Armed Forces through calendar year 2017.

The House bill contained no similar provision.

The House recedes.

Report on preliminary mental health screenings for individuals 

becoming members of the Armed Forces (sec. 593)

The House bill contained a provision (sec. 598) that would 

require the Secretary of Defense to provide a mental health 

screening to individuals prior to enlisting or commissioning in 

the Armed Forces.

The Senate amendment contained a provision (sec. 736) that 

would require the Secretary of Defense to provide a report, not 

later than 180 days after enactment of this Act, to the 
74

Committees on Armed Services of the Senate and the House of 

Representatives on mental health screenings of individuals 

enlisting or accessioning into the Armed Forces. 

The House recedes with an amendment that would require the 

Secretary to submit a report to the Committees on Armed Services 

of the Senate and the House of Representatives on the 

feasibility of conducting a mental health screening before the 

enlistment or accession of an individual into the Armed Forces.

Report regarding new rulemaking under the Military Lending Act 

and Defense Manpower Data Center reports and meetings (sec. 594)

The House bill contained a provision (sec. 599) that would 

require the Secretary of Defense to submit to Congress a report 

that discusses the ability and reliability of the Defense 

Manpower Data Center (DMDC) to meet real-time requests for 

accurate information needed for lenders to make a determination 

whether a borrower is covered by the Military Lending Act. 

Beginning 6 months after the date of enactment of this Act, and 

continuing every 6 months thereafter, the Director of DMDC will 

report on the accuracy and reliability of DMDC systems. The 

Director of DMDC would be further required to provide a report 

on plans to strengthen the capabilities of the DMDC to improve 

identification of covered borrowers and policyholders under 

military consumer protection laws. The Director of DMDC would 

be required to meet regularly with private sector users of DMDC 

systems concerning issues with DMDC systems facing such users 

with the first meeting to take place 3 months after enactment of 

this Act.

The Senate amendment contained no similar provision.

The Senate recedes with a technical amendment.

Remotely piloted aircraft career field manning shortfalls (sec. 

595)

The Senate amendment contained a provision (sec. 572) that 

would require the Secretary of the Air Force to submit a report 

to the congressional defense committees on remotely piloted 

aircraft career field manning levels and actions the Air Force 

will take to rectify personnel shortfalls. The provision would 

also limit the availability of not more than 85 percent of the 

fiscal year 2016 operation and maintenance funding for the 

Office of the Secretary of the Air Force until 15 days following 

the submission of the required report.

The House bill contained no similar provision.

The House recedes. 
75

LEGISLATIVE PROVISIONS NOT ADOPTED

Authority of promotion boards to recommend officers of 

particular merit be placed at the top of the promotion list

The Senate amendment contained a provision (sec. 501) that 

would amend section 616 of title 10, United States Code, to 

authorize an officer promotion board to recommend officers of 

particular merit to be placed at the top of the promotion list.

The House bill contained no similar provision.

The Senate recedes.

The conferees agree there is a need to review and 

modernize procedures to select officers for promotion. They 

encourage the Department of Defense to develop recommendations 

to enhance the flexibility of service officer promotion boards 

to identify and select officers of particular merit for early 

promotion. The services and career-oriented officers will both 

benefit if the procedures that result are viewed by all 

stakeholders as objective and fair.

Minimum grades for certain corps and related positions in the 

Army, Navy, and Air Force

The Senate amendment contained a provision (sec. 502) that 

would amend various provisions of title 10, United States Code, 

to revise general or flag officer grades in the Army, Navy and 

Air Force. 

The provision would amend section 3023(a) of title 10, 

United States Code, to require that the Army Chief of 

Legislative Liaison be an officer in a grade above the grade of 

colonel.

The provision would amend section 3039(b) of title 10, 

United States Code, to require that the Army Assistant Surgeon 

General be an officer in a grade above the grade of colonel.

The provision would amend section 3069(b) of title 10, 

United States Code, to require that the Chief of the Army Nurse 

Corps be an officer in a grade above the grade of colonel.

The provision would amend section 3084 of title 10, United 

States Code, to require that the Army Chief of the Veterinary 

Corps be an officer in a grade above the grade of lieutenant 

colonel.

The provision would amend section 5027(a) of title 10, 

United States Code, to require that the Navy Chief of 

Legislative Affairs be an officer in a grade above the grade of 

captain.

The provision would amend section 5138 of title 10, United 

States Code, to require that the Navy Chief of the Dental Corps 
76

be an officer in a grade above the grade of captain. The 

provision would also remove the authority in section 5138(b) 

that entitles the Navy Chief of the Dental Corps to the same 

privileges of retirement as provided for chiefs of bureaus in 

section 5133 of title 10, United States Code.

The provision would amend section 5150(c) of title 10, 

United States Code, to require that the Navy Directors of 

Medical Corps be officers in a grade above the grade of captain.

The provision would amend section 8023(a) of title 10, 

United States Code, to require that the Air Force Chief of 

Legislative Liaison be an officer in a grade above the grade of 

colonel. 

The provision would amend section 8069(b) of title 10, 

United States Code, to require that the Chief of the Air Force 

Nurse Corps be an officer in a grade above the grade of colonel. 

The provision would amend section 8081 of title 10, United 

States Code, to require that the Air Force Assistant Surgeon 

General for Dental Services be an officer in a grade above the 

grade of colonel. 

The provision would provide that in the case of an officer 

who on the date of enactment of the Act is serving in a position 

that is covered by this provision, the continued service of that 

officer in such position after the date of enactment of the Act 

shall not be affected by the provision.

The House bill contained no similar provision.

The Senate recedes.

Authority to designate certain Reserve officers as not to be 

considered for selection for promotion

The Senate amendment contained a provision (sec. 511) that 

would modify section 14301 of title 10, United States Code, to 

authorize the secretaries of the military departments to defer 

promotion consideration for reserve component officers in a nonparticipatory (membership points only) status.

The House bill contained no similar provision.

The Senate recedes.

Exemption of military technicians (dual status) from civilian 

employee furloughs

The House bill contained a provision (sec. 513) that would 

exempt military technicians (dual status) from civilian employee 

furloughs. 

The Senate amendment contained no similar provision.
77

The House recedes. 

Reconciliation of contradictory provisions relating to 

citizenship qualifications for enlistment in the reserve 

components of the Armed Forces

The Senate amendment contained a provision (sec. 513) that 

would amend section 12102(b) of title 10, United States Code, to 

align the citizenship or residency requirements for enlistment 

in the reserve components of the Armed Forces with the 

citizenship requirements for the active components.

The House bill contained no similar provision.

The Senate recedes.

Annual report on personnel, training, and equipment requirements 

for the non-federalized National Guard to support civilian 

authorities in prevention and response to non-catastrophic 

domestic disasters

The House bill contained a provision (sec. 514) that would 

amend section 10504 of title 10, United States Code, to require 

the Chief of the National Guard Bureau to submit to the 

congressional defense committees and a list of other officials 

an annual report on the personnel, training, and equipment 

requirements for the non-federalized National Guard to support 

civilian authorities in the prevention and response to noncatastrophic domestic disasters.

The Senate amendment contained a similar provision (sec. 

1066) that would amend section 10504 of title 10, United States 

Code, to require the Chief of the National Guard Bureau to 

submit to the congressional defense committees and a list of 

other officials an annual report on the ability of the National 

Guard to carry out its federal missions and its ability to carry 

out emergency support functions of the National Response 

Framework. 

The House recedes. 

The Senate recedes. 

The conference report does not include this provision. 

National Guard civil and defense support activities and related 

matters

The House bill contained a provision (sec. 515) that would 

amend chapter 1 of title 32, United States Code, related to the 

National Guard's conduct of the Modular Airborne Fire Fighting 

System mission. 

The Senate amendment contained no similar provision.
78 

The House recedes. 

Electronic tracking of operational active-duty service performed 

by members of the Ready Reserve of the Armed Forces 

 The House bill contained a provision (sec. 516) that would 

require the Secretary of Defense to establish an electronic 

tracking system for members of the Ready Reserve of the Armed 

Forces to track their operational Active-Duty service performed 

after January 28, 2008. 

 The Senate amendment contained no similar provision. 

 The House recedes. 

 The conferees direct the Secretary of Defense to submit to 

the congressional defense committees a report within 90 days of 

enactment, on the implementation of section 632 of the National 

Defense Authorization Act for Fiscal Year 2014 (Public Law 113-

66), which requires the Secretary of Defense to periodically 

notify each member of the Ready Reserve of reduced eligibility 

age. 

Limitation on tuition assistance for off-duty training or 

education 

 The Senate amendment contained a provision (sec. 531) that 

would require the Secretary of Defense to certify that 

assistance for off-duty training or education was related to a 

servicemember’s professional development. 

 The House bill contained no similar provision. 

 The Senate recedes. 

 The conferees note that the Secretary of Defense should 

ensure that servicemembers are utilizing the tuition assistance 

benefit to further their professional goals through education by 

encouraging counseling and advising to assist with establishing 

a plan unique to each servicemember’s professional development. 

Reports on educational levels attained by certain members of the 

Armed Forces at time of separation from the Armed Forces 

 The Senate amendment contained a provision (sec. 533) that 

would require a report on the educational levels attained by 

certain members of the Armed Forces at the time they separate 

from the Armed Forces. 

 The House bill contained no similar provision. 

 The Senate recedes. 

Sense of Congress on transferability of unused education 

benefits to family members 
79

The Senate amendment contained a provision (sec. 534) that 

would express the sense of Congress that each Secretary 

concerned should exercise the authority to be more selective in 

permitting the transferability of unused education benefits to 

family members in a manner that encourages the retention of 

individuals in the Armed Forces.

The House bill contained no similar provision.

The agreement does not include this provision. 

Burdens of proof applicable to investigations and reviews 

related to protected communications of members of the Armed 

Forces and prohibited retaliatory actions

The House bill contained a provision (sec. 535) that would 

amend section 1034 of title 10, United States Code, to require 

the burdens of proof specified in section 1221(e) of title 5, 

United States Code, to apply in any investigation conducted by 

an inspector general under section 1034, any reviews by boards 

for correction of military records under sections 1034(c) or 

(d), and by the Secretary of Defense under section 1034(h).

The Senate amendment contained no similar provision.

The House recedes.

Revision of name on military service record to reflect change in 

gender identity after separation from the Armed Forces

The House bill contained a provision (sec. 536) that would 

amend section 1551 of title 10, United States Code, to require a 

service secretary to reissue a certificate of discharge of any 

person who, after separation from the Armed Forces, undergoes a 

change in gender identity and assumes a different name.

The Senate amendment contained no similar provision.

The House recedes.

Online access to the higher education component of the 

Transition Assistance Program

The Senate amendment contained a provision (sec. 539) that 

would authorize the Secretary of Veterans Affairs to notify 

servicemembers, veterans, or dependents of the availability of 

the higher education component of the Transition Assistance 

Program on the Transition GPS Standalone Training Internet web 

site of the Department of Defense. The provision would also 

direct the Secretary of Defense, in collaboration with the 

Secretary of Veterans Affairs, to assess the feasibility of 

providing access for veterans and dependents to the higher 

education component of the Transition Assistance Program on the 
80

eBenefits Internet website of the Department of Veterans Affairs 

and tracking the completion of that component through that 

Internet web site.

The House bill contained no similar provision.

The Senate recedes.

Access to Special Victims' Counsel for former dependents of 

members and former members of the Armed Forces

The House bill contained a provision (sec. 543) that would 

amend section 1044e(a)(2) of title 10, United States Code, to 

authorize a person who is a former dependent of a member or 

former member of the Armed Forces to be offered Special Victims' 

Counsel services if the alleged sex-related offense was 

perpetrated by a person who is, or is reasonably believed to be, 

a person subject to the jurisdiction of the Uniform Code of 

Military Justice and occurred while the individual was a 

dependent of the member or former member.

The Senate amendment contained no similar provision.

The House recedes.

Participation by victim in punitive proceedings and access to 

records

The House bill contained a provision (sec. 546) that would 

require the victim of any offense that involves a victim to be 

provided an opportunity to submit matters for consideration in 

nonjudicial punishment proceedings, and to receive copies of 

prepared records of the proceedings without charge as soon as a 

decision is finalized. The provision would also amend chapter 

59 of title 10, United States Code, to require the Secretary of 

Defense to prescribe regulations to provide victims an 

opportunity to submit matters concerning the impact of the 

offense on the victim for consideration by the person or board 

authorized to provide recommendations and act on administrative 

separation of enlisted members, and for boards of inquiry 

administrative separation proceedings for officers.

The Senate amendment contained no similar provision.

The House recedes.

Victim access to report of results of preliminary hearing under 

Article 32 of the Uniform Code of Military Justice

The House bill contained a provision (sec. 547) that would 

amend section 832(c) of title 10, United States Code (Article 

32(c), Uniform Code of Military Justice), to require the 

preliminary hearing report prepared under this section to be 
81

provided to the victim, without charge, at the same time as the 

report is delivered to the accused. 

The Senate amendment contained no similar provision.

The House recedes.

Minimum confinement period required for conviction of certain 

sex-related offenses committed by members of the Armed Forces

The House bill contained a provision (sec. 548) that would 

amend section 856(b)(1) of title 10, United States Code (Article 

56(b)(1), Uniform Code of Military Justice) to require a minimum 

punishment of a dismissal or dishonorable discharge and 

confinement for 2 years for servicemembers convicted of certain 

sex-related offenses. 

The Senate amendment contained no similar provision.

The House recedes.

Right of victims of offenses under the Uniform Code of Military 

Justice to timely disclosure of certain materials and 

information in connection with prosecution of offenses

The Senate amendment contained a provision (sec. 548) that 

would amend section 806b(a) of title 10, United States Code, 

(Article 6b(a), UCMJ) to require timely disclosure by the trial 

counsel to a Special Victims' Counsel, if the victim is so 

represented, to charges and specifications related to any 

offenses, motions filed by trial or defense counsel, statements 

of the accused, statements of the victim in connection with the 

offense, portions of the government investigation relating to 

the victim, and the advice, if any, by a staff judge advocate 

recommending any charge or specification not be referred to 

trial.

The House bill contained no similar provision.

The Senate recedes.

The conferees encourage the Secretary of Defense to adopt 

an electronic system with capabilities similar to those of the 

Public Access to Court Electronic Records (PACER) system to 

provide Special Victims' Counsel, victims, and the general 

public with court-martial docketing information and case 

filings.

Release to victims upon request of complete record of 

proceedings and testimony of courts-martial in cases in which 

sentences adjudged could include punitive discharge

The Senate amendment contained a provision (sec. 550) that 

would amend section 854(e) of title 10, United States Code 
82

(article 54(e), UCMJ), to expand the circumstances under which 

an alleged victim must be provided a copy of all prepared 

records of the proceedings of a court-martial. 

The House bill contained no similar provision.

The Senate recedes.

Executive Order 13669, June 13, 2014, amended Rule for 

Courts-Martial 1103 to require that a free record of trial be 

provided to any victim named in a specification alleging a sex 

offense.

Modification of Manual for Courts-Martial to require consistent 

preparation of the full record of trial

The House bill contained a provision (sec. 552) that would 

require the amendment of Rule 1103 of the Manual for CourtsMartial relating to the preparation of the record of trial to 

require the trial counsel to prepare a complete record of trial 

for any general or special court-martial and that no content may 

be exempted from the record of trial based on the outcome of the 

court-martial proceeding. 

The Senate amendment contained no similar provision.

The House recedes.

Inclusion of additional information in annual reports regarding 

Department of Defense sexual assault prevention and response

The House bill contained a provision (sec. 553) that would 

amend section 1631(b) of the Ike Skelton National Defense 

Authorization Act for Fiscal Year 2011 (Public Law 111-383) to 

require information on cases under the Family Advocacy Program, 

sexual harassment involving members of the Armed Forces, and 

reports of retaliation against victims of sexual assault to be 

included in reports required to be submitted under section 1631 

of that Act by March 1, 2016.

The Senate amendment contained no similar provision.

The House recedes.

Establishment of Office of Complex Investigations within the 

National Guard Bureau

The Senate amendment contained a provision (sec. 554) that 

would add a new section to Chapter 1101 of title 10, United 

States Code, that would establish an Office of Complex 

Investigations within the National Guard Bureau (NGB), with 

authority to assist the States in administrative investigations 

of sexual assault involving members of the National Guard, and 

circumstances involving members of the Guard where States have 
83

limited jurisdiction or authority and such other circumstances 

as the Chief of the NGB directs. 

The House bill contained no similar provision.

The Senate recedes.

The conferees believe that this legislation is unnecessary 

as the Office of Complex Investigations has already been 

established in the National Guard Bureau. 

Additional guidance regarding release of mental health records 

of Department of Defense medical treatment facilities in cases 

involving any sex-related offense

The House bill contained a provision (sec. 555) that would 

require the Secretary of Defense to issue uniform guidance with 

respect to mental health records of the alleged victim in any 

case involving any sex-related offense to require that such 

records are neither sought by investigators or military justice 

practitioners nor acknowledged or released by the medical 

treatment facility except as ordered by a military judge or 

hearing officer described in section 832(b) of title 10, United 

States Code, (Article 32(b), Uniform Code of Military Justice).

The Senate amendment contained no similar provision.

The House recedes.

The conferees understand that the release of mental health 

records can constitute an invasion of privacy. Conferees are 

also aware that overly broad restrictions on release of mental 

health records could adversely impact necessary law enforcement 

investigations such as when the alleged victim is deceased. The 

conferees direct the Secretary of Defense to issue specific, 

uniform guidance regarding release of mental health records to 

ensure an appropriate balance between the interests of law 

enforcement and victim privacy.

Public availability of records of certain proceedings under the 

Uniform Code of Military Justice

The House bill contained a provision (sec. 556) that would 

require the Secretary of Defense to make available to the 

public, electronically through a website of the Department of 

Defense, specified information for all proceedings under the 

Uniform Code of Military Justice (UCMJ) including special and 

general courts-martial, actions by a convening authority under 

section 860 of title 10, United States Code (Article 60, UCMJ), 

reviews conducted by the Courts of Criminal Appeals under 

section 866 (Article 66, UCMJ) and reviews conducted by the 

Court of Appeals for the Armed Forces under section 867 (Article 

67, UCMJ).
84

The Senate amendment contained no similar provision.

The House recedes.

The conferees encourage the Secretary of Defense to adopt 

an electronic system with capabilities similar to those of the

Public Access to Court Electronic Records (PACER) system to 

provide Special Victims' Counsel, victims, and the general 

public with court-martial docketing information and case 

filings.

Revision of Department of Defense Directive-Type memorandum 15-

003, relating to registered sex offender identification, 

notification, and monitoring in the Department of Defense

The House bill contained a provision (sec. 557) that would 

require the Secretary of Defense to revise the Department of 

Defense Directive-Type memorandum 15-003, relating to registered 

sex offender identification, notification, and monitoring in the 

Department of Defense.

The Senate amendment contained no similar provision.

The House recedes.

This provision is no longer necessary as section 502 of 

the Justice for Victims of Trafficking Act of 2015 (Public Law 

114-22), enacted on May 29, 2015, amends the Sex Offender 

Registration and Notification Act to require the Secretary of 

Defense to provide to the Attorney General information to be 

included in the National Sex Offender Registry and the Dru 

Sjodin National Sex Offender Public Website regarding certain 

sex offenders.

Sense of Congress on the service of military families and on 

sentencing retirement-eligible members of the Armed Forces

The Senate amendment contained a provision (sec. 557) that 

would express the sense of Congress that military juries should 

not face the difficult choice between imposing a fair sentence 

or protecting the benefits of a member of the Armed Forces for 

the sake of family members, that family members of retirementeligible members should not be adversely affected by the loss of 

the member's military benefits as a result of a court-martial 

conviction, and welcoming the opportunity to work with the 

Department of Defense to develop authorities to improve the 

military justice system and protect benefits that military 

families have helped earn.

The House bill contained no similar provision.

The Senate recedes.
85

Biennial surveys of military dependents on military family 

readiness matters

The Senate amendment contained a provision (sec. 564) that 

would require the Director of the Office of Family Policy of the 

Department of Defense to conduct biennial surveys of adult 

dependents of members of the Armed Forces on military family 

readiness matters.

The House bill contained no similar provision.

The Senate recedes.

Direct employment pilot program for members of the National 

Guard and Reserve

The House bill contained a provision (sec. 567) that would 

authorize a direct employment pilot program for members of the 

National Guard and Reserve in the amount of up to $20.0 million 

per fiscal year.

The Senate amendment contained no similar provision.

The House recedes. 

Program regarding civilian credentialing for skills required for 

certain military occupational specialties

The House bill contained a provision (sec. 568) that would 

amend section 558 of the National Defense Authorization Act for 

Fiscal Year 2012 (Public Law 112-81) by adding additional 

military occupational specialties to the pilot program required 

under that section.

The Senate amendment contained no similar provision.

The House recedes.

Mariner training

The House bill contained a provision (sec. 569) that would 

amend section 2015 of title 10, United States Code, to require 

members of the Armed Forces whose duties are primarily as a 

mariner to receive training necessary to meet requirements for 

licenses and certificates for merchant mariners.

The Senate amendment contained no similar provision.

The House recedes.

Report on civilian and military education to respond to future 

threats

The House bill contained a provision (sec. 570) that would 

require a report from the Secretary of Defense on civilian and 
86

military educational activities aimed at addressing future 

threats.

The Senate amendment contained no similar provision.

The House recedes. 

Availability of cyber security and IT certifications for 

Department of Defense personnel critical to network defense

The House bill contained a provision (sec. 570a) that 

would authorize the Department of Defense to utilize funds to 

obtain cyber security and IT certifications for Department of 

Defense personnel critical to network defense. 

The Senate amendment contained no similar provision.

The House recedes. 

The conferees recognize that industry cyber security and 

IT certifications may be helpful to a certain category of 

network operators and maintainers, but may not be comparable to 

the training required for more advanced network defense skills 

needed by critical personnel at the Department of Defense. The 

conferees are concerned that the full scope of needs in this 

area as compared to the funding available are not yet well 

understood, nor is the contribution of these industry 

certifications to the training needed of the cyber mission 

forces. The conferees believe that until those requirements are 

better understood, the current scope of funded certification 

activities should remain stable until there is a better 

established connection between cyber security and IT 

certifications and the skills required for specific positions 

with the Department of Defense. However, the conferees note 

industry recognized cyber security and IT certifications may be 

beneficial for some Department of Defense personnel critical to 

network defense. Therefore, the conferees encourage the 

Secretary of Defense to examine the needs of the Department and 

determine the extent and role industry cyber security and IT 

certifications should play in workforce management.

Support for efforts to improve academic achievement and 

transition of military dependent students

The House bill contained a provision (sec. 573) that would 

authorize the Secretary of Defense to make grants to non-profit 

organizations that provide services to military dependent 

students. 

The Senate amendment contained no similar provision.

The agreement does not include this provision. 

The conferees encourage the Secretary of Defense to use 

existing authority to work with non-profit organizations to 
87

provide services to military dependent students to improve 

academic achievement and civic responsibility.

Study regarding feasibility of using DEERS to track dependents 

of members of the Armed Forces and Department of Defense 

civilian employees who are elementary or secondary education 

students

The House bill contained a provision (sec. 574) that would 

require a study by the Secretary of Defense on the feasibility 

of using DEERS, the Defense Enrollment Eligibility Reporting 

System, to track dependents of members of the Armed Forces and 

Department of Defense civilian employees who are elementary or 

secondary education students.

The Senate amendment contained no similar provision.

The House recedes.

Sense of Congress regarding support for dependents of members of 

the Armed Forces attending specialized camps

The House bill contained a provision (sec. 575) that 

expressed the sense of the Congress regarding support for 

dependents of members of the Armed Forces attending specialized 

camps.

The Senate amendment contained no similar provision.

The House recedes.

Limitation on authority of secretaries of the military 

departments regarding revocation of combat valor awards

The House bill contained a provision (sec. 582) that would 

limit the authority of secretaries of the military departments 

to revoke a combat valor award for conduct that was not 

honorable to conduct that occurred during the period for which 

the award was awarded.

The Senate amendment contained no similar provision.

The House recedes.

The conferees expect the service secretaries to conduct a 

thorough and objective review of the facts and evidence before 

deciding to revoke a combat valor award.

Award of Purple Heart to members of the Armed Forces who were 

victims of the Oklahoma City, Oklahoma, bombing

The House bill contained a provision (sec. 583) that would 

require the secretary of the military service concerned to award 

the Purple Heart to certain named members who were killed in the 
88

bombing that occurred at the Murrah Federal Building in Oklahoma 

City, Oklahoma on April 19, 1995.

The Senate amendment contained no similar provision.

The House recedes.

Atomic Veterans Service Medal

The House bill contained a provision (sec. 584) that would 

require the Secretary of Defense to design, produce, and 

distribute a military service medal to honor retired and former 

members of the Armed Forces who are radiation-exposed veterans.

The Senate amendment contained no similar provision

The House recedes.

Posthumous commission as a captain in the regular Army for 

Milton Holland

The House bill contained a provision (sec. 585) that would 

posthumously promote to captain in the regular Army, Milton 

Holland, who, while serving as sergeant major of the 5th 

Regiment, United States Colored Infantry, was awarded the Medal 

of Honor in recognition of his action on September 29, 1864, at 

the Battle of Chapin's Farm, Virginia.

The Senate amendment contained no similar provision.

The House recedes.

Sense of Congress supporting the decision of the Army to 

posthumously promote Master Sergeant (retired) Naomi Horwitz to 

sergeant major

The House bill contained a provision (sec. 586) that would 

express a sense of Congress supporting the decision of the Army 

to posthumously promote Master Sergeant (retired) Naomi Horwitz 

to sergeant major.

The Senate amendment contained no similar provision.

The House recedes.

The conferees note the Secretary of the Army approved the 

posthumous promotion in March 2015.

Priority processing of applications for Transportation Worker 

Identification Credentials for members undergoing discharge or 

release from the Armed Forces

The Senate amendment contained a provision (sec. 589) that 

would require the Secretary of Defense to consult with the 

Secretary of Homeland Security to afford a priority in the 

processing of applications for a Transportation Worker 
89

Identification Credential (TWIC) submitted by members of the 

Armed Forces who are undergoing separation, discharge, or 

release from the Armed Forces under honorable conditions. The 

provision would also require the Secretary of Defense and the 

Secretary of Homeland Security to jointly submit a report on the 

implementation requirements of this provision not later than 1 

year after the date of enactment of this Act.

The House bill contained no similar provision.

The Senate recedes.

The conferees consider it unacceptable that servicemembers 

transitioning from Active Duty, and recent honorably discharged 

veterans, continue to report significant delays in processing 

time to be issued Transportation Workers Identification 

Credentials (TWIC). Further, the Transportation Security 

Administration requires Active-Duty personnel as well as 

veterans who recently transitioned from Active Duty to undergo 

and pay for a separate security review before issuing TWIC. 

Because many transitioning servicemembers are qualified and 

motivated to serve in the maritime industry, the conferees 

expect the Department of Defense and the Department of Homeland 

Security to consult to eliminate processing delays and waive 

fees for transitioning servicemembers and for honorably 

discharged veterans.

Issuance of Recognition of Service ID Cards to certain members 

separating from the Armed Forces

The Senate amendment contained a provision (sec. 590) that 

would require the Secretary of Defense to issue an 

identification card that identifies individuals as veterans, 

personalized with name and photo of the individual. The 

Secretary of Defense would be authorized to work with retailers 

for reduced prices on services, consumer products, and 

pharmaceuticals for individuals possessing a Recognition of 

Service ID Card. 

The House bill contained no similar provision.

The Senate recedes.

The conferees note that an alternative option exists for 

honorably discharged veterans to utilize state-issued ID cards 

that designate veteran status. Veterans in 44 states and the 

District of Columbia may apply for a driver's license or Stateissued ID card that designates veteran status. The remaining 

states (California, Hawaii, Illinois, Minnesota, New Jersey, and 

Washington) are either pending legislation or have legislation 

that has been signed into law but is not yet effective. 

Additionally, since January 2014, honorably separated members of 

the Uniformed Services are able to obtain an ID card providing 
90

proof of military service through the joint DOD-VA eBenefits web 

portal. 

Revised policy on network services for military services

The Senate amendment contained a provision (sec. 591) that 

would generally limit the use of uniformed military personnel in 

the provision of network services for military installations in 

the continental United States.

The House bill contained no similar provision. 

The Senate recedes. 

The conferees are concerned that the military services, 

particularly the Air Force, are devoting more resources and 

uniformed military personnel for the provision of network 

services than are necessary, considering the commercial network 

services capabilities that may be available at lower costs. 

While the conferees believe the use of uniformed military 

personnel for network services is necessary in some cases, for 

example aboard ships or at expeditionary bases, there is less 

rationale for this use of uniform military personnel at 

permanent military installations within the continental United 

States. 

Therefore, the conferees direct the Director of Cost 

Assessment and Program Evaluation (CAPE) to evaluate the 

potential savings for the Department of Defense in both 

resources and military end strength that could be achieved by 

increasing the use of commercial network services capabilities 

within the continental United States. CAPE shall provide a 

briefing on their findings, including any recommendations, to 

the congressional defense committees no later than March 1, 

2016.

Honoring certain members of the Reserve components as veterans

The House bill contained a provision (sec. 592) that would 

amend chapter 1 of title 38, United States Code, to require 

certain members of the reserve components be honored as 

veterans, provided that such members would not be authorized to 

receive any benefit administered by the Secretary of Veterans 

Affairs solely by reason of honorary veteran status.

The Senate amendment contained no similar provision.

The House recedes.

Improved enumeration of members of the Armed Forces in any 

tabulation of total population by Secretary of Commerce
91

The Senate amendment contained a provision (sec. 593) that 

would amend section 1141 of title 13, United States Code, to 

require that the Secretary of Commerce, beginning with the 2020 

Decennial census of population, in taking any tabulation of 

total population by States, to take appropriate measures to 

ensure, to the maximum extent practicable, that all members of 

the Armed Forces deployed abroad on the date of taking such 

tabulation are (1) fully and accurately counted; and (2) 

properly attributed to the state in which their permanent duty 

station or homeport is located on such date.

The House bill contained no similar provision.

The Senate recedes. 

Sense of Congress regarding support for military divers

The House bill contained a provision (sec. 593) that would 

express the sense of Congress regarding support for military 

divers.

The Senate amendment contained no similar provision.

The House recedes. 

Sense of Congress on desirability of service-wide adoption of 

Gold Star Installation Access Card

The House bill contained a provision (sec. 596) that would 

express the sense of Congress that the secretaries of the 

military departments should provide for the issuance of a Gold 

Star Installation Access Card to family members of deceased 

members of the Armed Forces in order to expedite access to 

installations for the purpose of obtaining on-base services and 

military benefits for which a Gold Star family member is 

eligible.

The Senate amendment contained no similar provision.

The House recedes.

The conferees note that the Department of the Army has 

initiated a program to provide Gold Star Installation Access 

Cards to Gold Star family members and encourage the other 

military departments to do the same.

Annual report on performance of regional offices of the 

Department of Veterans Affairs

The House bill contained a provision (sec. 597) that would 

amend section 7734 of title 38, United States Code, to require 

the individual serving as director of a regional office of the 

Department of Veterans Affairs to provide an annual report on 
92

the performance of any regional office that fails to meet its 

administrative goals.

The Senate amendment contained no similar provision.

The House recedes.

TITLE VI—COMPENSATION AND OTHER PERSONNEL 

BENEFITS

SUBTITLE A—PAY AND ALLOWANCES

No fiscal year 2016 increase in basic pay for general and flag 

officers (sec. 601)

The Senate amendment contained a provision (sec. 601) that 

would authorize a pay raise of 1.3 percent for all members of 

the uniformed services in pay grades O-6 and below effective 

January 1, 2016, and that would freeze the monthly basic pay for 

all general and flag officers, including for those whose monthly 

basic pay is limited to the rate of pay for level II of the 

Executive Schedule. 

The House bill contained no similar provision.

The House recedes with an amendment that would remove 

reference to the pay raise for grades O-6 and below.

The conferees note that the President has authority under 

section 1009(e) of title 37, United States Code, to implement 

the 1.3 percent pay raise for pay grades O-6 and below in the 

absence of a provision specifically setting a different pay 

raise.

Limitation on eligibility for supplemental subsistence 

allowances to members serving outside the United States and 

associated territory (sec. 602)

The Senate amendment contained a provision (sec. 606) that 

would sunset on September 30, 2016, the supplemental subsistence 

allowance for servicemembers serving inside the United States. 

Servicemembers serving outside the United States, the 

Commonwealth of Puerto Rico, the United States Virgin Islands, 

or Guam would still be eligible to receive the supplemental 

subsistence allowance from the Department of Defense. The 

provision is based on the final report of the Military 

Compensation and Retirement Modernization Commission.

The House bill contained no similar provision.

The House recedes. 
93

Phased-in modification of percentage of national average monthly 

cost of housing usable in computation of basic allowance for 

housing inside the United States (sec. 603)

The Senate amendment contained a provision (sec. 602) that 

would amend section 403(b) of title 37, United States Code, to 

authorize the Secretary of Defense to reduce the monthly amount 

of the basic allowance for housing (BAH) by up to 5 percent of 

the national average for housing for a given pay grade and 

dependency status. Servicemembers will not see this modification 

of their BAH until they change duty stations.

The House bill contained no similar provision.

The agreement contains the Senate provision with an 

amendment that would reduce the monthly amount of the BAH 

through a tiered system with 1 percent in 2015, 2 percent in 

2016, 3 percent in 2017, 4 percent in 2018, and 5 percent in 

2019 and each fiscal year thereafter. The conferees strongly 

believe that this change to the calculation of BAH should not be 

used to justify the collection of out-of-pocket housing 

expenses, in excess of BAH, from servicemembers assigned to a 

housing unit acquired or constructed using the authority in 

subchapter IV of chapter 169 of title 10, United States Code.

Extension of authority to provide temporary increase in rates of 

basic allowance for housing under certain circumstances (sec. 

604)

The House bill contained a provision (sec. 601) that would 

extend for 1 year the authority of the Secretary of Defense to 

temporarily increase the rate of basic allowance for housing in 

areas impacted by natural disasters or experiencing a sudden 

influx of personnel.

The Senate amendment contained a similar provision (sec. 

603).

The Senate recedes. 

Availability of information under the Food and Nutrition Act of 

2008 (sec. 605)

The Senate amendment contained a provision (sec. 607) that 

would allow for the Secretary of Defense to obtain from the 

Secretary of Agriculture information for the purposes of 

determining the number of Supplemental Nutrition Assistance 

Program applicant households that contain one or more members of 

a regular or reserve component of the Armed Forces.

The House bill contained no similar provision.

The House recedes. 
94

SUBTITLE B—BONUSES AND SPECIAL AND 

INCENTIVE PAYS

One-year extension of certain bonus and special pay authorities 

for reserve forces (sec. 611)

The House bill contained a provision (sec. 611) that would 

extend for 1 year the authority to pay the Selected Reserve 

reenlistment bonus, the Selected Reserve affiliation or 

enlistment bonus, special pay for enlisted members assigned to 

certain high-priority units, the Ready Reserve enlistment bonus 

for persons without prior service, the Ready Reserve enlistment 

and reenlistment bonus for persons with prior service, the 

Selected Reserve enlistment and reenlistment bonus for persons 

with prior service, travel expenses for certain inactive-duty 

training, and income replacement for reserve component members 

experiencing extended and frequent mobilization for active duty 

service.

The Senate amendment contained an identical provision 

(sec. 611).

The conference agreement includes this provision. 

One-year extension of certain bonus and special pay authorities 

for health care professionals (sec. 612)

The House bill contained a provision (sec. 612) that would 

extend for 1 year the authority to pay the nurse officer 

candidate accession bonus, education loan repayment for certain 

health professionals who serve in the Selected Reserve, 

accession and retention bonuses for psychologists, the accession 

bonus for registered nurses, incentive special pay for nurse 

anesthetists, special pay for Selected Reserve health 

professionals in critically short wartime specialties, the 

accession bonus for dental officers, the accession bonus for 

pharmacy officers, the accession bonus for medical officers in 

critically short wartime specialties, and the accession bonus 

for dental specialist officers in critically short wartime 

specialties.

The Senate amendment contained an identical provision 

(sec. 612).

The conference agreement includes this provision. 

One-year extension of special pay and bonus authorities for 

nuclear officers (sec. 613)
95

The House bill contained a provision (sec. 613) that would 

extend for 1 year the authority to pay the special pay for 

nuclear-qualified officers extending period of active service, 

the nuclear career accession bonus, and the nuclear career 

annual incentive bonus.

The Senate amendment contained an identical provision 

(sec. 613).

The conference agreement includes this provision.

One-year extension of authorities relating to title 37 

consolidated special pay, incentive pay, and bonus authorities 

(sec. 614)

The House bill contained a provision (sec. 614) that would 

extend for 1 year the general bonus authority for enlisted 

members, the general bonus authority for officers, special bonus 

and incentive pay authorities for nuclear officers, special 

aviation incentive pay and bonus authorities for officers, and 

special bonus and incentive pay authorities for officers in 

health professions, and contracting bonus for cadets and 

midshipmen enrolled in the Senior Officers’ Training Corps. The 

provision would also extend for 1 year the authority to pay 

hazardous duty pay, assignment or special duty pay, skill 

incentive pay or proficiency bonus, and retention incentives for 

members qualified in critical military skills or assigned to 

high priority units.

The Senate amendment contained an identical provision 

(sec. 614).

The conference agreement includes this provision. 

One-year extension of authorities relating to payment of other 

title 37 bonuses and special pays (sec. 615)

The House bill contained a provision (sec. 615) that would 

extend for 1 year the authority to pay the aviation officer 

retention bonus, assignment incentive pay, the reenlistment 

bonus for active members, the enlistment bonus, precommissioning 

incentive pay for foreign language proficiency, the accession 

bonus for new officers in critical skills, the incentive bonus 

for conversion to military occupational specialty to ease 

personnel shortage, the incentive bonus for transfer between 

Armed Forces, and the accession bonus for officer candidates.

The Senate amendment contained an identical provision 

(sec. 615).

The conference agreement includes this provision. 
96

Increase in maximum annual amount of nuclear officer bonus pay 

(sec. 616)

The House bill contained a provision (sec. 616) that would 

increase the maximum annual amount of nuclear officer bonus pay 

to $50,000 for retention purposes. 

The Senate amendment contained a similar provision (sec. 

616).

The Senate recedes. 

Modification to special aviation incentive pay and bonus 

authority for officers (sec. 617)

The House bill contained a provision (sec. 617) that would 

increase special aviation incentive pay from $25,000 to $35,000 

and make technical amendments to the aviation pay and bonus 

authorities.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would increase 

aviation incentive pay from $25,000 to $35,000 for officers 

performing qualifying flying duty relating to remotely piloted 

aircraft.

Repeal of obsolete authority to pay bonus to encourage Army 

personnel to refer persons for enlistment in the Army (sec. 618)

The Senate amendment contained a provision (sec. 617) that 

would repeal section 3252 of title 10, United States Code. This 

section authorized the Secretary of the Army to pay bonuses to 

encourage Army personnel to refer persons for enlistment in the 

Army.

The House bill contained no similar provision.

The House recedes.

SUBTITLE C—TRAVEL AND TRANSPORTATION 

ALLOWANCES

Transportation to transfer ceremonies for family and next of kin 

of members of the Armed Forces who die overseas during 

humanitarian operations (sec. 621)

The Senate amendment contained a provision (sec. 623) that 

would authorize transportation to transfer ceremonies for the 

family and next of kin of members of the Armed Forces who die 

overseas during humanitarian relief operations. 

The House bill contained no similar provision. 
97

The House recedes.

Repeal of obsolete special travel and transportation allowance 

for survivors of deceased members of the Armed Forces from the 

Vietnam conflict (sec. 622)

The House bill contained a provision (sec. 618) that would 

repeal section 481f(d) of title 37, United States Code. 

The Senate amendment contained a similar provision (sec. 

621). 

The Senate recedes.

Study and report on policy changes to the Joint Travel 

Regulations (sec. 623)

The Senate amendment contained a provision (sec. 622) that 

would require the Comptroller General to study the impact of 

recent policy changes to the Joint Travel Regulations for 

servicemembers and civilian employees regarding flat rate per 

diem.

The House bill contained no similar provision.

The House recedes.

SUBTITLE D—DISABILITY PAY, RETIRED PAY, AND 

SURVIVOR BENEFITS

PART I—RETIRED PAY REFORM

Modernized retirement system for members of the uniformed 

services (sec. 631)

The House bill contained a provision (sec. 632) that would 

establish a new military retirement defined benefit that, when 

combined with the government-matching Thrift Savings Plan, as 

described elsewhere in this Act, would comprise a new hybrid 

retirement system. This new system would apply to new entrants 

after January 1, 2018, and to those already serving members who 

choose to opt-in. The new defined benefit would continue to 

apply only to those members who reach 20 years of service, with 

a multiplier rate of 2.0 times years of service rather than the 

current rate of 2.5 times years of service. 

 The Senate amendment contained a similar provision (sec. 

632).

 The agreement includes the House provision with an 

amendment that would limit service members who may opt-in to the 

new retirement system to those with less than 12 years of 
98 

service. The agreement also includes an amendment that would 

repeal the modified cost-of-living adjustment for members under 

the age of 62 made by section 403 of the Bipartisan Budget Act 

of 2013 (Public Law 113-67; 127 Stat. 1186), as amended by 

section 10001(a) of the Department of Defense Appropriations 

Act, 2014 (division C of Public Law 113-76; 128 Stat. 151), 

section 2 of Public Law 113-82 (128 Stat. 1009), and section 623 

of the Carl Levin and Howard P. "Buck" McKeon National Defense 

Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128 

Stat. 3403). 

Full participation for members of the uniformed services in the 

Thrift Savings Plan (sec. 632) 

 The House bill contained a provision (sec. 631) that would 

provide a government-matching Thrift Savings Plan (TSP) benefit 

for those who would enter uniformed service on or after October 

1, 2017, or a member serving before that date who makes a 

voluntary election to opt-in to the new plan. The TSP element 

would provide a 1 percent automatic agency contribution to all 

uniformed service members upon reaching 60 days of service and 

continue until they would reach their second year of service. At 

2 years of service, a member's TSP would vest and the Secretary 

concerned would begin matching TSP contributions up to 5 percent 

of that servicemember’s base pay for a maximum government 

contribution totaling 6 percent of basic pay. Uniformed service 

members would be automatically enrolled at 3 percent matching 

contributions with the option to raise or lower their 

contribution level. TSP government-funded matching 

contributions would continue until a uniformed service member 

leaves or retires from the uniformed service. 

 The Senate amendment contained a similar provision (sec. 

631) that would set the applicable initial entry date at January 

1, 2018, provide a maximum government contribution of 5 percent 

(with the first one percent being an automatic agency 

contribution), and stop the government match at 20 years of 

service. 

 The agreement includes the Senate provision with an 

amendment to provide government matching contributions in the 

TSP through 26 years of service. The conferees note that all 

uniformed service members who would enter and serve prior to the 

date of implementation of the modernized retirement system would 

be grandfathered into the old retirement system. 

Lump sum payments of certain retired pay (sec. 633)
99

The Senate amendment contained a provision (sec. 633) that 

would allow the voluntary election of lump sum payments of 

retired pay for those under the modernized retirement system who 

serve 20 or more years of service. Members who elect to take the 

lump sum may choose to take 100 percent or 50 percent of the 

discounted present value of their defined retirement benefit 

that would be due to them prior to becoming fully eligible for 

Social Security.

The House bill contained no similar provision.

The House recedes with an amendment that would allow 

members who elect to take the lump sum an option of choosing to 

take 50 percent or 25 percent of the discounted present value of 

their defined retirement benefit that would be due to them prior 

to becoming fully eligible for Social Security.

The conferees strongly urge the Secretaries concerned to 

coordinate with the Secretary of Veterans Affairs on counseling, 

or otherwise informing, new retirees on the impact this election 

may have on their eligibility for certain benefits administered 

by the Secretary of Veterans Affairs.

Continuation pay after 12 years of service for members of the 

uniformed services participating in the modernized retirement 

systems (sec. 634)

 The House bill contained a provision (sec. 633) that would 

direct the Secretary concerned to provide continuation pay to 

servicemembers serving under the new military retirement system 

described above who reach 12 years of service, contingent upon 

such members agreeing to serve another 4 years of service. 

The Senate amendment contained a similar provision (sec. 

634). 

 The Senate recedes. 

Effective date and implementation (sec. 635)

The House bill contained a provision (sec. 634) that would 

provide for an effective date of January 1, 2018 for the 

modernized military retirement system. The provision also 

requires an implementation plan due to the appropriate 

committees of Congress on March 1, 2016.

The Senate amendment contained no similar provision.

The Senate recedes with a technical amendment.

PART II—OTHER MATTERS

Death of former spouse beneficiaries and subsequent remarriages 

under Survivor Benefit Plan (sec. 641)
100

The Senate amendment contained a provision (sec. 641) that 

would amend section 1448(b) of title 10, United States Code, to 

allow for the election of a new spouse beneficiary after the 

death of a former spouse beneficiary.

The House bill contained no similar provision.

The House recedes.

SUBTITLE E—COMMISSARY AND NON-APPROPRIATED

FUND INSTRUMENTALITY BENEFITS AND 

OPERATIONS

Plan to obtain budget-neutrality for the defense commissary 

system and the military exchange system (sec. 651)

The Senate amendment contained a provision (sec. 652) that 

would require the Secretary of Defense to submit a report, not 

later than March 1, 2016, to the Committees on Armed Services of 

the Senate and the House of Representatives, setting forth a 

plan to privatize the Defense Commissary System, in whole or in 

part. The provision would also require the Comptroller General 

of the United States to provide a report that assesses the plan 

of the Department to privatize the Defense Commissary System to 

the Committees on Armed Services of the Senate and the House of 

Representatives within 120 days following submission of the 

report by the Secretary of Defense. Following submission of the 

Comptroller General's assessment of the Department's commissary 

privatization plan, the Department would be required to carry 

out a 2-year pilot program at no fewer than five commissaries in 

the largest markets of the commissary system to assess the 

feasibility and advisability of the plan. Within 180 days after 

completion of the pilot program, the Secretary of Defense would 

submit a report to the Committees on Armed Services of the 

Senate and the House of Representatives that provides an 

assessment of the commissary privatization plan.

The Senate amendment contained another provision (sec. 

1025) that would require the Secretary of Defense to submit a 

report, not later than February 1, 2016, to the Committees on 

Armed Services of the Senate and the House of Representatives, 

assessing the viability of privatizing the commissary system, in 

part or in whole. The Secretary would submit the report prior 

to development of any plans or pilot program to privatize 

commissaries or the commissary system. The provision would also 

require the Comptroller General of the United States to provide 

a report that assesses the plan of the Department to privatize 

the Defense Commissary System to the committees on Armed 

Services of the Senate and the House of Representatives, not 
101

later than May 1, 2016. The provision would make Section 652 of 

the Senate amendment null and void.

The House bill contained no similar provision.

The House recedes with an amendment that would require the 

Secretary of Defense to submit a report to the Committees on 

Armed Services of the Senate and the House of Representatives, 

not later than March 1, 2016, that provides a comprehensive plan 

to make delivery of commissary and exchange benefits budget 

neutral by October 1, 2018. The amendment would also require 

the Comptroller General of the United States to provide a report 

that assesses the Department's plan to make the commissary and 

exchange benefit budget neutral to the Committees on Armed 

Services of the Senate and the House of Representatives within 

120 days following submission of the report by the Secretary of 

Defense. The amendment would authorize the Secretary of Defense 

to conduct one or more pilot programs to evaluate processes and 

methods for achieving budget neutral commissary and exchange 

benefits.

Comptroller General of the United States report on the 

Commissary Surcharge, Non-appropriated Fund, and Privatelyfinanced Major Construction Program (sec. 652)

The Senate amendment contained a provision (sec. 653) that 

would require the Comptroller General of the United States to 

examine the policies and procedures of the Secretary of Defense 

to ensure timely notification of construction projects proposed 

to be funded through the Commissary Surcharge, Non-appropriated 

Fund, and Privately-financed Major Construction Program of the 

Department of Defense and to submit to the Committees on Armed 

Services of the Senate and the House of Representatives a report 

containing an assessment of this program no later than 180 days 

after enactment of this Act.

The House bill contained no similar provision. 

The House recedes.

SUBTITLE F - OTHER MATTERS

Improvement of financial literacy and preparedness of members of 

the Armed Forces (sec. 661)

The House bill contained provision (sec. 651) that would 

require financial literacy training for servicemembers upon 

arrival at the first duty station and upon arrival at each 

subsequent duty station for servicemembers below the pay grade 

of E-5 in the case of enlisted personnel and below the pay grade 

of O-4 in the case of officers. The provision would further 
102

require financial literacy training for each servicemember at 

various career and life milestones. The provision would also 

direct the Department of Defense to include a financial literacy 

and preparedness survey in the status of forces survey. The 

provision would also express the sense of the Congress that the 

Secretary of Defense should work with other departments, 

agencies, and nonprofit organizations to improve financial 

literacy and preparedness with support from the service 

secretaries. This provision was recommended by the Military 

Compensation and Retirement Modernization Commission.

The Senate amendment contained similar provisions (secs. 

581, 582, and 583).

The agreement includes the House provision with a 

technical amendment. 

Recordation of obligations for installment payments of incentive 

pays, allowances, and similar benefits when payment is due (sec. 

662)

The Senate amendment contained a provision (sec. 587) that 

would provide express authority for the long-established 

practice of the Department of Defense of obligating bonus and 

special and incentive pay installment payments at the time 

payment is due and payable. This provision is in response to a 

recent U.S. Government Accountability Office opinion, Comp. Gen. 

B-325526 – Obligation of Bonuses under Military Service 

Agreements, July 16, 2014, which concluded that the Department 

of Defense cedes fiscal exposure to servicemembers when it 

enters into such agreements and should change its obligational 

practices to obligate the entire bonus amount when the agreement 

is signed. 

The House bill contained no similar provision.

The House recedes.

LEGISLATIVE PROVISIONS NOT ADOPTED

Prohibition on per diem allowance reductions based on the 

duration of temporary duty assignment or civilian travel

The House bill contained a provision (sec. 602) that would 

prohibit per diem allowance reductions based on the duration of 

temporary duty assignment or civilian travel. 

The Senate amendment contained no similar provision.

The House recedes. 

Basic allowance for housing for members of the Uniformed 

Services who live together
103

The Senate amendment contained a provision (sec. 604) that 

would amend section 403 of title 37, United States Code, to 

limit the basic allowance for housing (BAH) for dual military 

married couples who are assigned within normal commuting 

distance from each other to one allowance at the with dependent 

rate, for the member with the higher pay grade. The provision 

would also limit BAH for uniformed service members above E-3 

residing with other uniformed service members to 75 percent of 

their otherwise prevailing rate, or the E-4 without dependents 

rate, whichever is greater. Affected members would see no 

reduction in their BAH as a result of this provision so long as 

they maintain uninterrupted eligibility to receive BAH within a 

particular housing area.

The House bill contained no similar provision.

The Senate recedes.

The conferees intend to reform this policy next year. The 

conferees direct the Secretary of Defense to submit a report no 

later than March 1, 2016, to the Senate and House Committees on 

Armed Services containing an assessment and recommendations of 

the Secretary on how to amend the current BAH system to most 

accurately capture actual housing costs as a limiting element of 

the basic allowance for housing, to include an assessment of BAH 

as applied in particular circumstances where the current benefit 

may over- or under-compensate individuals based on their actual 

housing costs, to include single members of the armed forces and 

those who share accommodations with other members receiving the 

benefit. In developing these recommendations, the Secretary 

shall consider the primary purpose of the benefit to offset 

housing costs of uniformed members incurred by virtue of their 

service.

Repeal of inapplicability of modification of basic allowance for 

housing to benefits under the laws administered by the Secretary 

of Veterans Affairs

The Senate amendment contained a provision (sec. 605) that 

would repeal subsection (b) of section 604 of the Carl Levin and 

Howard P. “Buck” McKeon National Defense Authorization Act for 

Fiscal Year 2015 (Public Law 113-291) effective January 1, 2016.

The House bill contained no similar amendment.

The Senate recedes.

The conferees note that the Senate and House Veterans 

Affairs Committees intend to take up this matter. If it is not 

addressed by May 2016, it will be re-considered for the National 

Defense Authorization Act for Fiscal Year 2017.
104

Policies of the Department of Defense on travel of next of kin 

to participate in the dignified transfer of remains of members 

of the Armed Forces and civilian employees of the Department of 

Defense who die overseas

The Senate amendment contained a provision (sec. 624) that 

would require the Secretary of Defense to review the current 

policies of the Department of Defense regarding travel 

authorization for family and next of kin of service members and 

civilian employees of the Department of Defense. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees note that the Department of Defense has 

notified the congressional defense committees it is already 

conducting the review described in this provision. Further, the 

conference agreement includes a separate provision to make the 

necessary changes in law for the authorization for travel to the 

dignified transfer ceremony for family and next of kin of 

members of the Armed Forces who die overseas in support of 

humanitarian operations. The conferees expect the Secretary, 

upon conclusion of the aforementioned review, to make regulatory 

changes in order to address inequities within the system, as the 

Secretary determines are appropriate.

Authority for retirement flexibility for members of the 

uniformed services

The Senate amendment contained a provision (sec. 635) that 

would give the Secretary concerned the flexibility to modify the 

years of service required for non-disability retirement under 

the new military retirement system for particular occupational 

specialties or other groupings in order to facilitate force 

shaping or to correct manpower shortages within an occupational 

specialty. 

The House bill contained no similar amendment.

The Senate recedes.

Preserving assured commissary supply to Asia and the Pacific

The House bill contained a provision (sec. 641) that would 

prohibit changes to second destination transportation policy 

that applies to shipment of fresh fruits and vegetables to Asia 

and the Pacific theater until the Defense Commissary Agency 

conducts a comprehensive study on the fresh fruit and vegetable 

supply for the region and submits a report on the study to 

Congress.

The Senate amendment contained no similar provision.
105

The House recedes.

Prohibition on replacement or consolidation of defense 

commissary and exchange systems pending submission of required 

report on Defense Commissary System

The House bill contained a provision (sec. 642) that would 

prohibit the Secretary of Defense from taking action to replace 

or consolidate the defense commissary and exchange systems 

before submission of the report on the defense commissary system 

required by section 634 of the Carl Levin and Howard P. "Buck" 

McKeon National Defense Authorization Act for Fiscal Year 2015 

(Public Law 113-291).

The Senate amendment contained no similar provision.

The House recedes.

Transitional compensation and other benefits for dependents of 

members of the Armed Forces ineligible to receive retired pay as 

a result of court-martial sentence

The Senate amendment contained a provision (sec. 642) that 

would add a new section 1059a to title 10, United States Code, 

to authorize the Secretary of Defense and the Secretary of 

Homeland Security to carry out a program that would authorize 

monthly transitional compensation, including commissary and 

exchange store access, to dependents or former dependents of a 

member of the Armed Forces who is ineligible to receive retired 

pay as a result of a court-martial sentence. The provision 

would allow the secretary concerned to determine that a 

dependent or former dependent would not be eligible for 

transitional compensation if that person was an active 

participant in the conduct constituting the offense under 

chapter 47 of title 10.

The House bill contained no similar provision.

The Senate recedes.

Commissary system matters

The Senate amendment contained a provision (sec. 651) that 

would authorize the Department of Defense to treat second 

destination transportation costs for commissary goods and 

supplies overseas like transportation costs within the United 

States by transferring those costs to the commissary patron in 

the price of goods. In addition, the provision would authorize 

the Department to transfer the cost of obtaining supplies 

required for the daily operations of commissaries and storelevel offices dedicated to supporting commissary operations from 
106

the defense working capital fund to the surcharge fund. The 

provision would also authorize the Defense Commissary Agency to 

establish the sales price of merchandise sold in commissary 

stores in amounts sufficient to finance the purchase of 

operating supplies and replenishment of merchandise inventories.

The House bill contained no similar provision.

The Senate recedes.

Availability for purchase of Department of Veterans Affairs 

memorial headstones and markers for members of reserve 

components who performed certain training

The House bill contained a provision (sec. 652) that would 

amend section 2306 of title 38, United States Code, to require 

the Secretary of Veterans Affairs to make available for purchase 

a memorial headstone or marker for the marked or unmarked grave 

of an individual who, as a member of the National Guard or 

reserve component, performed inactive duty training or Active 

Duty for training for at least 6 years. The individual must not 

have served on Active Duty and must otherwise be eligible on 

account of the nature of the individual’s separation from the 

Armed Forces or other causes.

The Senate amendment contained no similar provision.

The House recedes.

The conferees understand that members of the reserve 

component who wish to purchase a memorial headstone or marker 

can purchase a nearly identical headstone or marker from private 

vendors.

TITLE VII—HEALTH CARE PROVISIONS

SUBTITLE A—TRICARE AND OTHER HEALTH CARE 

BENEFITS

Access to TRICARE Prime for certain beneficiaries (sec. 701)

The House bill contained a provision (sec. 705) that would 

amend section 732(c)(3) of the National Defense Authorization 

Act for Fiscal Year 2013 (Public Law 112-239) to authorize an 

eligible TRICARE beneficiary to make a one-time election for 

TRICARE Prime if the beneficiary: 1) resides in a location in 

which TRICARE Prime is no longer available because of the 

location in which the beneficiary resides; and 2) the 

beneficiary resided within 100 miles of a military medical 

treatment facility as of December 25, 2013. This provision 
107

would not apply to an affected eligible beneficiary who resides, 

as of December 25, 2013, greater than 100 miles from a military 

medical treatment facility and is an eligible beneficiary by 

reason of service in the Army, Navy, Air Force, or Marine Corps. 

The Senate amendment contained no similar provision.

The Senate recedes with a technical amendment.

Modifications of cost-sharing for the TRICARE pharmacy benefits 

program (sec. 702)

The Senate amendment contained a provision (sec. 702) that 

would require modifications of prescription drug co-pays for the 

TRICARE pharmacy benefits program for years 2016 through 2025. 

After 2025, the Department of Defense (DOD) would establish copay amounts equal to the co-pay amounts for the previous year 

adjusted by an amount, if any, to reflect increases in costs of 

pharmaceutical agents and prescription dispensing fees. With 

this provision, beneficiaries would continue to receive 

prescription drugs at no cost in military medical treatment 

facilities, and there would be no changes to co-pays for 

survivors of members who died on Active Duty or for a disabled 

member retired under chapter 61 of title 10, United States Code, 

and their family members.

The House bill contained no similar provision.

The House recedes with an amendment that would modify 

prescription drug co-pays beginning in 2016.

The conferees agree that comprehensive reform of the 

military health care system is essential and commit to working 

with the Department of Defense in fiscal year 2017 to begin 

reforming the military healthcare system. This reform must 

improve access, quality and the experience of care for all 

beneficiaries; maintain medical readiness of the military health 

professionals; and ensure the long-term viability and cost 

effectiveness of the military health care system. The current 

system has not kept pace with the best practices and latest 

innovations in the commercial healthcare market and will not 

meet the future needs of the DOD, the servicemembers, families, 

or retirees. In order to modernize and improve the military 

healthcare system, the conferees agree that all elements of the 

current system must be re-evaluated, and that increases to fees 

and co-pays will be a necessary part of such a comprehensive 

reform effort.
108

Expansion of continued health benefits coverage to include 

discharged and released members of the Selected Reserve (sec. 

703)

The Senate amendment contained a provision (sec. 703) that 

would amend section 1078a of title 10, United States Code, to 

authorize a member of the Selected Reserve, who is discharged or 

released under other than adverse conditions from service in the 

Selected Reserve, to be eligible to enroll, for a period of 18 

months, in the Department of Defense program of continued health 

benefits coverage.

The House bill contained no similar provision.

The House recedes with an amendment that would require the 

member of the Selected Reserve to be enrolled in TRICARE Reserve 

Select immediately preceding the discharge of the member.

Access to health care under the TRICARE program for 

beneficiaries of TRICARE Prime (sec. 704)

The Senate amendment contained a provision (sec. 711) that 

would require the Secretary of Defense to ensure that covered 

TRICARE beneficiaries obtain health care appointments within 

access standards and wait-time goals established by the 

Department of Defense for primary care and specialty care or, if 

the beneficiary is unable to obtain an appointment within the 

wait-time goals, to offer the beneficiary an appointment with a 

contracted health care provider. The provision would also 

require the Secretary to publish health care access standards in 

the Federal Register and on a publicly accessible Internet web 

site of the Department of Defense and to publish appointment 

wait-times for primary and specialty care on the publicly 

accessible Internet web site of each military medical treatment 

facility.

The House bill contained no similar provision.

The House recedes with an amendment that would require the 

Secretary of Defense to ensure that TRICARE Prime beneficiaries 

obtain health care appointments within health care access 

standards established by the Secretary, including through health 

care providers in the TRICARE preferred provider network. The 

amendment would also require the Secretary to publish health 

care access standards in the Federal Register and on a publicly 

accessible Internet web site of the Department of Defense.

Expansion of reimbursement for smoking cessation services for 

certain TRICARE beneficiaries (sec. 705)
109

The Senate amendment contained a provision (sec. 704) that 

would amend section 713(f) of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110-417) to 

expand reimbursement for smoking cessation services for certain 

TRICARE beneficiaries. 

The House bill contained no similar provision.

The House recedes with a technical amendment.

SUBTITLE B—HEALTH CARE ADMINISTRATION

Waiver of recoupment of erroneous payments caused by 

administrative error under the TRICARE program (sec. 711)

The Senate amendment contained a provision (sec. 715) that 

would amend chapter 55 of title 10, United States Code, to 

authorize the Secretary of Defense to waive recoupment of 

payment from a covered TRICARE beneficiary who has benefited 

from an erroneous TRICARE payment in which all of the following 

apply: (1) the payment was made due to an administrative error 

by an employee of the Department of Defense or a TRICARE program 

contractor; (2) the covered beneficiary, or in the case of a 

minor, the parent or guardian of the covered beneficiary, 

reasonably believed the covered beneficiary was entitled to the 

benefit of such payment; (3) the covered beneficiary relied on 

the expectation of benefit entitlement; and (4) the Secretary 

determines that a waiver of recoupment of such payment is 

necessary to prevent an injustice. In the case of 

administrative error on the part of a TRICARE contractor, the 

provision would require the Secretary to impose financial 

responsibility on the contractor for the erroneous payment.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

Publication of data on patient safety, quality of care, 

satisfaction, and health outcome measures under the TRICARE 

program (sec. 712)

The Senate amendment contained a provision (sec. 732) that 

would require the Secretary of Defense to publish public data on 

measures used to assess patient safety, quality of care, patient 

satisfaction, and health outcomes on the primary Internet web 

site of the Department of Defense and on the primary Internet 

web site of that facility that provided the health care.

The House bill contained no similar provision.

The House recedes with an amendment that would amend 

section 1073b of title 10, United States Code, to require the 

Secretary of Defense to publish appropriate data on measures 
110

used to assess patient safety, quality of care, patient 

satisfaction, and health outcomes of each military medical 

treatment facility on a publicly available Internet web site of 

the Department of Defense. The provision would also require 

data for health care provided by a military medical treatment 

facility to be accessible on the primary Internet web site of 

that facility. The provision would prohibit the Department 

publishing any data related to risk management activities of the 

Department.

Expansion of evaluation of effectiveness of the TRICARE program 

to include information on patient safety, quality of care, and 

access to care at military medical treatment facilities (sec. 

713)

The Senate amendment contained a provision (sec. 733) that 

would require the Secretary of Defense to submit to the 

Committees on Armed Services of the Senate and the House of 

Representatives, not later than March 1, 2016, and each year 

thereafter, a comprehensive report on patient safety, quality of 

care, and access to care at military medical treatment 

facilities.

The House bill contained no similar provision.

The House recedes with an amendment that would amend 

section 717(a) of the National Defense Authorization Act for 

Fiscal Year 1996 (Public Law 104-106) to require the Department 

of Defense to include data on patient safety, quality of care, 

and access to care at each military medical treatment facility 

in the annual report to Congress on TRICARE program 

effectiveness.

Portability of health plans under the TRICARE program (sec. 714)

The Senate amendment contained a provision (sec. 712) that 

would require the Secretary of Defense to ensure that 

beneficiaries who are covered under a TRICARE health plan can 

seamlessly access health care under that health plan in each 

TRICARE program region. 

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

Joint uniform formulary for transition of care (sec. 715)

The House bill contained a provision (sec. 701) that would 

require the Secretary of Defense and the Secretary of Veterans 

Affairs to establish a joint uniform formulary that would 

include pain, sleep disorder, psychiatric drugs, and drugs for 
111

other conditions critical for transition of a servicemember from 

treatment furnished by the Department of Defense to treatment 

furnished by the Department of Veterans Affairs.

The Senate amendment contained no similar provision.

The Senate recedes with a clarifying amendment.

Licensure of mental health professionals in TRICARE program 

(sec. 716)

The House bill contained a provision (sec. 712) that would 

require the Secretary of Defense to ensure that a qualified 

mental health professional is eligible for reimbursement under 

the TRICARE program as a certified mental health counselor by 

meeting certain qualification criteria. The provision would 

also establish a special rule for certain practicing mental 

health professionals to deem them to be qualified mental health 

professionals during the period preceding January 1, 2027, even 

though those professionals do not meet the established 

qualification criteria in the provision. The House bill also 

contained a provision (sec. 725) that would express a sense of 

Congress that the Department of Defense should continue to 

support members of the Armed Forces and their families by 

providing family counseling and individual counseling services 

that reduce the symptoms of post-traumatic stress and other 

behavioral health disorders and empowers members to be 

emotionally available to their spouses and children. 

The Senate amendment contained no similar provisions.

The Senate recedes with an amendment that would deem 

certain mental health professionals eligible for reimbursement 

under the TRICARE program during the period preceding January 1, 

2021.

The conferees note that the Department of Defense 

published a final rule to implement the TRICARE Certified Mental 

Health Counselor provider as a qualified mental health provider 

authorized to independently diagnose and treat TRICARE 

beneficiaries and receive reimbursement for services. 

Counselors must possess a master's or higher-level degree from a 

Council for Accreditation of Counseling and Related Educational 

Programs accredited mental health counseling program of 

education and pass the National Clinical Mental Health 

Counseling Examination. Conferees consider these reasonable 

criteria to help ensure TRICARE beneficiaries obtain mental 

health care from qualified counselors and do not believe another 

extension of the transition for qualification as a TRICARE 

Certified Mental Health Counselor beyond the extension in this 

provision would be advisable.
112

Additionally, the conferees agree that the Department of 

Defense should continue to support members of the Armed Forces 

and their families by providing readily available family and 

individual counseling services that reduce the symptoms of posttraumatic stress and other behavioral health disorders and 

empower members to be available emotionally to their spouses and 

children. The conferees believe the Department should consider 

industry standards established by the medical community when 

developing standards for family and individual counseling 

services at military installations.

Designation of certain non-Department mental health care 

providers with knowledge relating to treatment of members of the 

Armed Forces (sec. 717)

The Senate amendment contained a provision (sec. 716) that 

would require the Secretary of Defense, not later than 1 year 

after enactment of this Act, to develop a system by which any 

non-Department mental health care provider that meets 

eligibility criteria relating to knowledge and understanding of 

military culture and knowledge of evidence-based mental health 

treatments approved by the Secretary, would receive a mental 

health provider readiness designation from the Department. The 

provision would also require the Secretary to establish and 

update a provider list and maintain a publicly available 

registry of mental health providers receiving such designation.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

Comprehensive standards and access to contraception counseling 

for members of the Armed Forces (sec. 718)

The Senate amendment contained a provision (sec. 714) that 

would require the Department of Defense to provide, through 

clinical practice guidelines, current and evidence-based 

standards of care regarding contraception methods and counseling 

to all health care providers employed by the Department and to 

ensure service women have access to comprehensive contraception

counseling prior to deployment and throughout their military 

careers. The provision would also require the Secretary of 

Defense to establish a uniform, standard curriculum to be used 

in family planning education programs for all members of the 

Armed Forces.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

SUBTITLE C—REPORTS AND OTHER MATTERS
113

Provision of transportation of dependent patients relating to 

obstetrical anesthesia services (sec. 721)

The House bill contained a provision (sec. 726) that would 

amend section 1040(a)(2) of title 10, United States Code, to 

strike the expiration date regarding the authority to transport 

dependent patients relating to obstetrical anesthesia services.

The Senate amendment contained no similar provision.

The Senate recedes.

Extension of authority for DOD-VA Health Care Sharing Incentive 

Fund (sec. 722)

The House bill contained a provision (sec. 721) that would 

amend section 8111 of title 38, United States Code, to extend 

the authority for the DOD-VA Health Care Sharing Incentive Fund 

through September 30, 2020.

The Senate amendment contained an identical provision 

(sec. 719). 

The conference agreement includes this provision.

Extension of authority for Joint Department of DefenseDepartment of Veterans Affairs Medical Facility Demonstration 

Fund (sec. 723)

The House bill contained a provision (sec. 722) that would 

amend section 1704(e) of the National Defense Authorization Act 

for Fiscal Year 2010 (Public Law 111-84), 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), to extend the authority for the Joint Department of 

Defense-Department of Veterans Affairs Medical Facility

Demonstration Fund from September 30, 2016, to September 30, 

2017.

The Senate amendment contained a similar provision (sec. 

718).

The House recedes.

Limitation on availability of funds for Office of the Secretary 

of Defense (sec. 724)

The House bill contained a provision (sec. 713) that would 

amend chapter 55 of title 10, United States Code, by inserting a 

new section after section 1073b, to prohibit the Secretary of 

Defense from realigning or restructuring a military medical 

treatment facility (MTF) until 90 days following the date the 

Secretary submits a report to the congressional defense 
114

committees on the proposed restructuring or realignment of the 

MTF. 

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would limit to 

75 percent the obligation or expenditure of funds available for 

fiscal year 2016 for the office of the Secretary of Defense 

until the date on which the Secretary of Defense submits to the 

congressional defense committees the report 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). Without that report and the subsequent required 

assessment of the report by the Comptroller General of the 

United States, the conferees remain concerned that the 

Department has not fully considered all relevant factors that 

may impact the availability and delivery of health care services 

to eligible beneficiaries in its study of military health system 

modernization. The conferees expect the Department to make 

available, upon request, all available data regarding any 

decisions to eliminate health care services and to relocate 

health care personnel from military medical treatment facilities 

in the future. 

Pilot program on urgent care under TRICARE program (sec. 725)

The Senate amendment contained a provision (sec. 701) that 

would authorize a covered beneficiary under the TRICARE program 

to access up to four urgent care visits per year without the 

need to obtain pre-authorization for such visits. 

The House bill contained no similar provision.

The House recedes with an amendment that would require the 

Secretary of Defense to carry out a 3-year pilot program to 

allow covered beneficiaries under the TRICARE program to access 

urgent care visits without the need to obtain pre-authorization 

for those visits. The amendment would require the Secretary to 

submit two interim reports and one final report on the pilot 

program to the Committees on Armed Services of the Senate and 

the House of Representatives. 

The conferees note that current TRICARE policy requires 

TRICARE Prime beneficiaries to obtain pre-authorization for 

urgent care visits. This administrative burden encourages 

beneficiaries to utilize emergency departments inappropriately 

for urgent care needs. The conferees believe this pilot program 

would help beneficiaries choose the most appropriate source for 

the health care they need and potentially lower health care 

costs for the Department of Defense. 
115

Pilot program on incentive programs to improve health care 

provided under the TRICARE program (sec. 726)

The Senate amendment contained a provision (sec. 720) that 

would require the Secretary of Defense to conduct a pilot 

program to assess value-based incentive programs to encourage 

institutional and individual health care providers under the 

TRICARE program to improve quality of care, experience of care, 

and health of beneficiaries. 

The House bill contained no similar provision.

The House recedes with an amendment that would require the 

Secretary of Defense to submit interim reports on the pilot 

program at 1-year intervals following implementation of the 

program and a final report on the program by September 30, 2019.

Limitation on availability of funds for Department of Defense 

Healthcare Management Systems Modernization (sec. 727)

The House bill contained a provision (sec. 723) that would 

limit obligation or expenditure of funds for fiscal year 2016 

for the Department of Defense Healthcare Management Systems 

Modernization until the date on which the Secretary of Defense 

makes the certification required by section 713(g)(2) of the 

National Defense Authorization Act for Fiscal Year 2014 (Public 

Law 113-66).

The Senate amendment contained a provision (sec. 738) that 

would require the Secretary of Defense and the Secretary of 

Veterans Affairs to submit a report to Congress on 

interoperability between electronic health records of their 

Departments.

The Senate recedes.

Submittal of information to Secretary of Veterans Affairs 

relating to exposure to airborne hazards and open burn pits 

(sec. 728)

The Senate amendment contained a provision (sec. 739) that 

would require the Secretary of Defense to submit to the 

Secretary of Veterans Affairs, not later than 180 days after the 

date of enactment of this Act and periodically thereafter, 

information available to the Secretary of Defense to supplement 

and support information in the Airborne Hazards and Open Burn 

Pit Registry established by the Secretary of Veterans Affairs. 

The provision would also require the Secretary of Defense to 

include information on any research and surveillance activities 

conducted by the Department of Defense to evaluate incidence and 
116

prevalence of respiratory illnesses to servicemembers exposed to 

open burn pits during deployments.

The House bill contained no similar provision.

The House recedes with a technical amendment.

Plan for development of procedures to measure data on mental 

health care provided by the Department of Defense (sec. 729)

The Senate amendment contained a provision (sec. 713) that 

would require the Secretary of Defense to ensure that all 

primary care and mental health care providers of the Department 

of Defense receive, or have already received, initial evidencebased training on the recognition, assessment, and management of 

individuals at risk for suicide and any additional training that 

may be required based on evidence-based changes in mental health 

practice. Within 1 year of the date of enactment of this Act, 

the Secretary would be required to provide a report to the 

Committees on Armed Services of the Senate and the House of 

Representatives that assesses the mental health workforce of the 

Department and the long-term mental health care needs of 

servicemembers and their dependents. The provision would also 

require the Secretary to develop procedures to measure mental 

health data relating to outcomes, variations in outcomes among 

military medical treatment facilities, and barriers to 

implementation of clinical practice guidelines and other 

evidence-based treatments by mental health providers of the 

Department of Defense.

The House bill contained no similar provision.

The House recedes with an amendment that would require the 

Secretary of Defense to submit to the Committees on Armed 

Services of the Senate and the House of Representatives a plan 

for the Department of Defense to develop procedures to compile 

and assess data relating to: (1) outcomes for mental health care 

provided by the Department; (2) variations in such outcomes 

among different medical facilities of the Department; and (3) 

barriers, if any, to the implementation by mental health care 

providers of the clinical practice guidelines and other 

evidence-based treatments and approaches recommended for such 

providers.

The conferees are aware that the Department has policies 

and procedures in place that require primary care providers to 

receive annual training on suicide prevention, and that the 

Department of Defense and the Department of Veterans Affairs 

submitted a report to the Committees on Armed Services of the 

Senate and the House of Representatives in April 2015, on a 

coordinated, unified plan to ensure adequate mental health 
117

counseling resources to address the long-term needs of all 

members of the Armed Forces, veterans, and their families.

Report on plans to improve experience with and eliminate 

performance variability of health care provided by the 

Department of Defense (sec. 730)

The Senate amendment contained a provision (sec. 734) that 

would require the Secretary of Defense to submit to the 

Committees on Armed Services of the Senate and the House of 

Representatives, not later than 180 days after the date of 

enactment of this Act, a comprehensive report describing the 

current and future plans, with estimated completion dates, of 

the Department of Defense to improve the experience of care of 

beneficiaries and to eliminate performance variability for 

health care provided in military medical treatment facilities 

and in the TRICARE purchased care network. This provision would 

also require the Comptroller General of the United States to 

submit, not later than 180 days after the Secretary submits the 

comprehensive report, a report to the Committees on Armed 

Services of the Senate and the House of Representatives that 

assesses the report of the Secretary of Defense.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

Comptroller General study on gambling and problem gambling 

behavior among members of the Armed Forces (sec. 731)

The Senate amendment contained a provision (sec. 740) that 

would require the Comptroller General of the United States to 

conduct a study on gaming facilities at military installations 

and problem gambling among members of the Armed Forces, and to 

submit a report, within 1 year of the date of enactment of this 

Act, to the congressional defense committees.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

LEGISLATIVE PROVISIONS NOT ADOPTED

Access to broad range of methods of contraception approved by 

the Food and Drug Administration for members of the Armed Forces 

and military dependents at military treatment facilities

The House bill contained a provision (sec. 702) that would 

require the Secretary of Defense to ensure that every military 

medical treatment facility has a sufficient stock of a broad 

range of contraceptive methods approved by the Food and Drug 
118

Administration to be able to dispense any contraceptive method 

to service women and other female beneficiaries eligible for 

healthcare in those facilities.

The Senate amendment contained no similar provision.

The House recedes.

The conferees note that military medical treatment 

facilities stock and dispense a broad range of contraceptive 

methods approved by the Food and Drug Administration to service 

women and other eligible female beneficiaries. The conferees 

encourage the Department of Defense to ensure that deployed 

service women have access to prescription contraceptives 

throughout the duration of their deployments.

Access to contraceptive method for duration of deployment

The House bill contained a provision (sec. 703) that would 

require the Secretary of Defense to ensure that service women 

who use prescription contraceptives receive, prior to 

deployment, a sufficient supply of those contraceptives for the 

duration of their deployments.

The Senate amendment contained no similar provision.

The House recedes.

The conferees expect the Secretary of Defense to ensure 

that service women who use contraceptives have contraceptives 

available throughout their deployment. This can be accomplished 

by use of the TRICARE Mail Order Pharmacy program or other 

means.

Access to infertility treatment for members of the Armed Forces 

and dependents

The House bill contained a provision (sec. 704) that would 

require the Secretary of Defense, in coordination with the 

service secretaries, to provide reproductive counseling and 

infertility treatments, including continuation of infertility 

services during a change of duty station relocation, to members 

and dependents of members of the Armed Forces.

The Senate amendment contained no similar provision.

The House recedes.

The conferees note that section 729 of the Carl Levin and 

Howard P. "Buck" McKeon National Defense Authorization Act for 

Fiscal Year 2015 (Public Law 113-291) requires the Secretary of 

Defense to submit a report to the congressional defense 

committees assessing the access of members of the Armed Forces 

and their dependents to reproductive counseling and infertility 

treatments. The Department of Defense has not yet provided this 

report to the committees. The conferees believe that a thorough 
119

study of this report must be done prior to enacting legislation 

on this issue.

Pilot program on treatment of members of the Armed Forces for 

post-traumatic stress disorder related to military sexual trauma

The Senate amendment contained a provision (sec. 705) that 

would authorize the Secretary of Defense to conduct a pilot 

program to award grants to community partners to provide 

intensive outpatient programs to treat members of the Armed 

Forces suffering from post-traumatic stress disorder resulting 

from military sexual trauma, including treatment for substance 

abuse, depression, and other issues related to those conditions. 

The House bill contained no similar provision.

The Senate recedes. 

The conferees note that the Services already have 

capabilities to provide intensive outpatient services for 

substance abuse rehabilitation and behavioral health disorders. 

The Navy has 12 substance abuse rehabilitation programs located 

at intensive outpatient program sites in the United States and 

overseas, and the Air Force has one program. The Army is 

establishing intensive outpatient programs at 17 military 

medical treatment facilities by fiscal year 2016, and these 

programs will offer multi-week intensive behavioral health 

services to treat patients with severe behavioral health 

conditions like post-traumatic stress disorder. 

Unified medical command

The House bill contained a provision (sec. 711) that would 

amend chapter 6 of Title 10, United States Code, to require the 

President, through the Secretary of Defense and with the advice 

and consent of the Chairman of the Joint Chiefs of Staff, to 

establish a unified command for medical operations to provide 

medical services to the Armed Forces and other eligible health 

care beneficiaries. 

The Senate amendment contained no similar provision.

The House recedes.

Pilot program for operation of network of retail pharmacies 

under TRICARE pharmacy benefits program

The House bill contained a provision (sec. 714) that would 

authorize the Secretary of Defense to conduct a pilot program to 

evaluate whether a preferred retail pharmacy network will 

generate cost savings for the Department of Defense. 

The Senate amendment contained no similar provision. 
120

The House recedes.

The conferees observe that the Department of Defense (DOD) 

already operates a large preferred retail pharmacy network and 

prescriptions filled in those pharmacies are subject to the 

federal ceiling price policy established under section 1074g(f) 

of title 10, United States Code. 

The conferees note with concern that DOD did not 

proactively monitor the effects of the transition of maintenance 

medications specific to affected beneficiaries from retail

pharmacies to mail order and military medical treatment facility 

(MTF) pharmacies, including important effects such as 

availability of medications, timeliness and accuracy of 

prescriptions filled, and satisfaction for the TRICARE for Life 

pharmacy pilot established by section 716 of the National 

Defense Authorization Act for Fiscal Year 2013 (Public Law 112-

239). Accordingly, for the first 12 months following the 

expansion of the pilot program requirements to additional 

TRICARE beneficiaries as of October 1, 2015, the conferees 

direct the DOD to provide to the Committees on Armed Services of 

the Senate and the House of Representatives a quarterly report 

detailing the results of monitoring the effects of the 

transition from retail pharmacies to mail order and MTF 

pharmacies on affected beneficiaries, including actions taken to 

address any issues identified as a result of these monitoring 

efforts. Each quarterly report shall be submitted no later than 

30 days after the end of the respective quarter of the fiscal 

year.

Limitation on conversion of military medical and dental 

positions to civilian medical and dental positions

The Senate amendment contained a provision (sec. 717) that 

would amend chapter 49 of title 10, United States Code, to 

provide that a medical or dental position within the Department 

of Defense may not be converted to a civilian medical or dental 

position unless the Secretary of Defense determines that: (1) 

the position is not a military essential position; (2) 

conversion of the position would not result in the degradation 

of medical or dental care or the medical or dental readiness of 

the Armed Forces; and (3) conversion of the position to a 

civilian medical or dental position is more cost effective than 

retaining the position as a military medical or dental position, 

consistent with Department of Defense Instruction 7041.04.

The House bill contained no similar provision.

The Senate recedes.

Primary blast injury research
121

The House bill contained a provision (sec. 724) that would 

require the peer-reviewed Psychological Health and Traumatic 

Brain Injury Research Program of the Department of Defense to 

conduct a study on blast injury mechanics covering a broad range 

of blast injury conditions, including traumatic brain injury.

The Senate amendment contained no similar provision.

The House recedes.

Publication of certain information on health care provided by 

the Department of Defense through the Hospital Compare website 

of the Department of Health and Human Services

The Senate amendment contained a provision (sec. 731) that 

would require the Secretary of Defense to enter into a 

memorandum of understanding with the Secretary of Health and 

Human Services to report, and make publicly available through 

the Hospital Compare Internet web site of the Department of 

Health and Human Services, information on quality of care and 

health outcomes regarding patients treated at military medical 

treatment facilities.

The House bill contained no similar provision.

The Senate recedes.

The conferees strongly encourage the Department of Defense 

to demonstrate greater transparency of quality of care and 

health outcomes data by making such data available on the 

Hospital Compare web site of the Department of Health and Human 

Services.

Report on plan to improve pediatric care and related services 

for children of members of the Armed Forces

The Senate amendment contained a provision (sec. 735) that 

would require the Secretary of Defense to submit to the 

Committees on Armed Services of the Senate and the House of

Representatives, not later than 180 days after the date of 

enactment of this Act, a report setting forth the plan of the 

Department to improve pediatric care and related services for 

children of members of the Armed Forces.

The House bill contained no similar provision.

The Senate recedes.

The conferees encourage the Department of Defense to 

continue improvement in the delivery of healthcare services to 

pediatric patients, especially those patients with severe 

disabilities, and to correct deficiencies noted in the report 

from the Secretary of Defense required by Section 735 of the 

National Defense Authorization Act for Fiscal Year 2013 (Public 

Law 112-239). The conferees direct the Department of Defense to 
122

include pediatric health outcome measures in the annual report 

to Congress on TRICARE program effectiveness.

Comptroller General report on use of quality of care metrics at 

military treatment facilities

The Senate amendment contained a provision (sec. 737) that 

would require the Comptroller General of the United States to 

submit a report, not later than 1 year after the date of 

enactment of this Act, to the Committees on Armed Services of 

the Senate and the House of Representatives on the Department of 

Defense's use of quality of care metrics in military medical 

treatment facilities.

The House bill contained no similar provision.

The Senate recedes.

The conferees note a requirement, in a separate section of 

this bill, for the Comptroller General of United States to 

submit a report assessing the Department’s plans to improve 

health outcomes, to create health value, and to ensure the 

provision of quality health care in military medical treatment 

facilities and through purchased care.

Report on implementation of data security and transmission 

standards for electronic health records

The Senate amendment contained a provision (sec. 741) that 

would require the Secretary of Defense and the Secretary of 

Veterans Affairs to submit a joint report to Congress by June 1, 

2016, on the implementation of security and data transmission 

standards by the Departments in the deployment of new or updated 

electronic health records. 

The House bill contained no similar provision.

The Senate recedes. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION 

MANAGEMENT, AND RELATED MATTERS

SUBTITLE A—ACQUISITION POLICY AND 

MANAGEMENT

Required review of acquisition-related functions of the Chiefs 

of Staff of the Armed Forces (sec. 801)

The House bill contained a provision (sec. 802) that would 

require the Chief of Staff of the Army, the Chief of Naval 
123

Operations, the Chief of Staff of the Air Force, and the 

Commandant of the Marine Corps to review their current 

authorities provided in sections 3033, 5033, 5043, and 8033 of 

title 10, United States Code, and other relevant statutes and 

regulations related to defense acquisitions for the purpose of 

developing such recommendations that the Chief concerned or the 

Commandant considers necessary to further or strengthen the role 

of the Chief concerned or the Commandant in the development of 

requirements, acquisition processes, and the associated budget 

practices of the Department of Defense. 

The Senate amendment contained no similar provision.

The Senate recedes. 

Role of Chiefs of Staff in the acquisition process (sec. 802)

The Senate amendment contained a provision (sec. 801) that 

would amend section 2547 of title 10, United States Code, to 

enhance the role of Chiefs of Staff in the defense acquisition 

process. This provision would reinforce the role and 

responsibilities of the Chiefs of Staff in decisions regarding 

the balancing of resources and priorities, and associated 

tradeoffs among cost, schedule, technical feasibility, and 

performance on major defense acquisition programs. 

The House bill had no similar provision. 

The House recedes. 

Expansion of rapid acquisition authority (sec. 803)

The Senate amendment contained a provision (sec. 802) that 

would amend section 806(c) of the Bob Stump National Defense 

Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 note), as 

amended by section 811 of the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 (Public Law 108-375). 

This provision would enhance the rapid acquisition authority 

currently provided to the Secretary of Defense by allowing the 

Secretary to use this authority for two new categories of 

supplies and associated support services that the Secretary 

determines: (1) are urgently needed and impact an ongoing or 

anticipated contingency operation that, if left unfulfilled, 

could potentially result in loss of life or critical mission 

failure; or (2) are urgently needed to eliminate a deficiency 

that as the result of a cyber attack has resulted in critical 

mission failure, the loss of life, property destruction, or 

economic effects, or is likely to result in critical mission 

failure, the significant loss of life, property destruction, or 

economic effects.

The House bill contained no similar provision.
124

The House recedes. 

Middle tier of acquisition for rapid prototyping and rapid 

fielding (sec. 804)

The Senate amendment contained a provision (sec. 803) that 

would require the Under Secretary of Defense for Acquisition, 

Technology, and Logistics to issue guidance for an expedited and 

streamlined “middle tier” of acquisition programs that are 

intended to be completed within 5 years. These programs would be 

distinctive from “rapid acquisitions” that are generally 

completed within 6 months to 2 years and “traditional” 

acquisitions that last much longer than 5 years. 

The House bill contained no similar provision.

The House recedes. 

Use of alternative acquisition paths to acquire critical 

national security capabilities (sec. 805)

The Senate amendment contained a provision (sec. 805) that 

would require the Secretary of Defense to establish procedures 

and guidelines for alternative acquisition pathways to acquire 

capital assets and services that meet critical national security 

needs. 

The House bill contained no similar provision.

The House recedes with an amendment that would require 

procedures to be developed within 180 days. 

Secretary of Defense waiver of acquisition laws to acquire vital 

national security capabilities (sec. 806)

The Senate amendment contained a provision (sec. 806) that 

would allow the Secretary of Defense to waive acquisition law or 

regulation for the purpose of acquiring a capability that is in 

the vital interest of the United States and is not otherwise 

available to the Armed Forces of the United States. The 

Secretary shall notify the congressional defense committees at 

least 30 days before exercising the waiver authority and 

designate a senior official who shall be personally responsible 

and accountable for the rapid and effective acquisition and 

deployment of the needed capability. 

The House bill contained no similar provision.

The House recedes. 

Acquisition authority of the Commander of United States Cyber 

Command (sec. 807)
125

The Senate amendment contained a provision (sec. 807) that 

would authorize limited acquisition authority for the Commander 

of United States Cyber Command (CYBERCOM). 

The House bill contained no similar provision.

The House recedes with an amendment that would clarify 

that the Commander of CYBERCOM may obligate and expend up to 

$75.0 million of the funds made available for each fiscal year 

from 2016 through 2021. The amendment would add a requirement 

for an implementation plan, the review of programs being 

acquired under this authority by the Cyber Investment Management 

Board, and an annual end of year assessment. The amendment would 

also make a number of technical and conforming edits. 

The conferees believe the Commander of CYBERCOM should 

utilize this limited acquisition authority to fulfill cyber 

operations-peculiar and cyber capability-peculiar requirements 

the services are unable to meet to ensure the Department of 

Defense is adequately postured to defend and respond to cyber 

threats. The conferees maintain that this limited authority 

should not be construed to replace the acquisition 

responsibilities of the military services to fulfill their man, 

train and equip requirements. The conferees believe successful 

demonstration of these acquisition authorities will require 

implementation of memoranda of agreement with the military 

services to define enduring responsibilities and more explicit 

definition cyber operations-peculiar and cyber capabilitypeculiar requirements. 

Report on linking and streamlining requirements, acquisition, 

and budget processes within Armed Forces (sec. 808)

 The House bill contained a provision (sec. 801) that would 

require the Chief of Staff of the Army, the Chief of Naval 

Operations, the Chief of Staff of the Air Force, and the 

Commandant of the Marine Corps to each submit a report to the 

congressional defense committees on their efforts to leverage 

their existing statutory authorities in a manner that links and 

streamlines their services' requirements, acquisition, and 

budget processes in order to foster improved outcomes. 

The Senate amendment contained no similar provision. 

The Senate recedes.

Advisory panel on streamlining and codifying acquisition 

regulations (sec. 809)

The Senate amendment contained a provision (sec. 808) that 

would require the Under Secretary of Defense for Acquisition, 
126

Technology and Logistics to establish an advisory panel on 

streamlining acquisition regulations. 

The House bill contained no similar provision.

The House recedes. 

Review of time-based requirements process and budgeting and 

acquisition systems (sec. 810)

The Senate amendment contained a provision (sec. 809) that 

would require the Secretary of Defense and the Chairman of the 

Joint Chiefs of Staff to review the requirements process to 

provide for a time-based or phased distinction between 

capabilities needed to be deployed urgently, within 2 years, 

within 5 years, and longer than 5 years.

The House bill contained no similar provision. 

The House recedes with an amendment to clarify the scope 

of the review. 

SUBTITLE B—AMENDMENTS TO GENERAL 

CONTRACTING AUTHORITIES, PROCEDURES, AND

LIMITATIONS

Amendment relating to multiyear contract authority for 

acquisition of property (sec. 811)

The House bill contained a provision (sec. 806) that would 

strike the existing requirement that the head of an agency must 

determine that substantial savings would be achieved before 

entering into a multiyear contract.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would require 

that significant savings would be achieved before entering into 

a multiyear contract.

The conferees agree that the government should seek to 

maximize savings whenever it pursues multiyear procurement. 

However, the conferees also agree that significant savings 

(estimated to be greater than $250.0 million), and other 

benefits, may be achieved even if it does not equate to a 

minimum of 10 percent savings over the cost of an annual 

contract. The conferees expect a request for authority to enter 

into a multiyear contract will include (1) the estimated cost 

savings, (2) the minimum quantity needed, (3) confirmation that 

the design is stable and the technical risks are not excessive, 

and (4) any other rationale for entering into such a contract. 
127

Applicability of cost and pricing data and certification 

requirements (sec. 812)

The Senate amendment contained a provision (sec. 822) that 

would limit the applicability of the Truth in Negotiations Act 

(Public Law 87-653; 10 U.S.C. section 2306a) to offset 

agreements. 

The House bill contained no similar provision.

The House recedes with an amendment that would provide for 

an exception to this limitation for subcontracts and contracts 

under the offset agreement for work performed in a foreign 

country that are directly-related to the weapon systems of 

defense-related item being purchased under the contract. 

Rights in technical data (sec. 813)

The Senate amendment contained a provision (sec. 825) that 

would clarify procedures for the validation of rights in 

technical data for subsystems and components of major weapon 

systems; and establish a government-industry advisory panel to 

review sections 2320 and 2321 of title 10, United States Code. 

The House bill contained no similar provision.

The House recedes.

Procurement of supplies for experimental purposes (sec. 814)

The Senate amendment contained a provision (sec. 826) that 

would update the experimental acquisition authority in section 

2373 of title 10, United States Code, to apply to 

transportation, energy, medical, and space flight and to clarify 

when provisions of Chapter 137 of title 10 apply to such

procurements. 

The House bill contained no similar provision.

The House recedes.

Amendments to other transaction authority (sec. 815)

 The House bill contained a provision (sec. 853) would make 

permanent the other transactions authority (OTA) for contracting 

established in section 845 of the National Defense Authorization 

Act for Fiscal Year 1994 (Public Law 103–160), as modified most 

recently by section 812 of the Carl Levin and Howard P. "Buck" 

McKeon National Defense Authorization Act for Fiscal Year 2015 

(Public Law 113–291). The provision would also make changes to 

the authority to use such mechanisms.
128

The Senate amendment contained a similar provision 

(section 804) that modified the authority, as well as modifying 

the definition of a "non-traditional" defense contractor. 

 The House recedes with an amendment that would: (1) make 

section 845 authority permanent; (2) clarify the authority to 

use section 845 authority to acquire prototypes or follow-on 

production items to be provided to contractors as governmentfurnished equipment; (3) ensure that innovative small business 

firms are authorized to participate in other transactions under 

section 845 without the requirement for a cost-share (except 

where the small business is partnered with a large business in a 

transaction); and (4) clarify the use of follow-on production 

contracts or other transactions authority. The provision further 

requires the Department of Defense to study the benefits of 

permitting not-for-profit entities to enter into other 

transactions agreements without the requirement for cost 

sharing.

 The conferees believe that the flexibility of the OTA 

authorities of section 2371 of title 10, United States Code, and 

the related and dependent authorities of section 845 of the 

National Defense Authorization Act for Fiscal Year 1994 (Public 

Law 103-160) as modified and codified in this provision, can 

make them attractive to firms and organizations that do not 

usually participate in government contracting due to the typical 

overhead burden and “one size fits all” rules. The conferees 

believe that expanded use of OTAs will support Department of 

Defense efforts to access new source of technical innovation, 

such as Silicon Valley startup companies and small commercial 

firms.

Amendment to acquisition threshold for special emergency 

procurement authority (sec. 816)

The House bill contained a provision (sec. 854) that would 

raise the simplified acquisition threshold from $100,000 to 

$500,000, the micro-purchase threshold from $3,000 to $5,000, 

and the special emergency procurement authority threshold for 

purchases inside the United States from $250,000 to $750,000 and 

for purchases outside the United States from $1.0 million to 

$1.5 million, and the small business reservation threshold from 

$100,000 to $500,000.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would amend 

section 1903 of title 41, United States Code to raise the 

special emergency procurement authority threshold. 
129

Revision of method of rounding when making inflation adjustment 

of acquisition-related dollar thresholds (sec. 817)

The House bill contained a provision (sec. 855) that would 

amend section 1908(e)(2) of title 41, United States Code, to 

change the rounding method that is used when scheduled 

adjustments are made to certain acquisition-related dollar 

thresholds. 

The Senate amendment contained no similar provision.

The Senate recedes.

SUBTITLE C—PROVISIONS RELATING TO MAJOR 

DEFENSE ACQUISITION PROGRAMS

Acquisition strategy required for each major defense acquisition 

program, major automated information system, and major system 

(sec. 821)

The House bill contained a provision (sec. 822) that would 

establish a new section in chapter 144 of title 10, United 

States Code, that requires an acquisition strategy for each 

major defense acquisition program and each major system approved 

by a Milestone Decision Authority (MDA).

The Senate amendment contained a similar provision (sec. 

841).

The conference agreement includes a provision that 

combines these two provisions. The provision would mandate that 

the Department of Defense create an acquisition strategy for 

each major defense acquisition program, each major automated 

information system, and each major system approved by an MDA. 

The provision further outlines key areas that should be 

considered in the strategies, as well as a process for the 

periodic review of the strategy by the MDA.

Revision to requirements relating to risk management in 

development of major defense acquisition programs and major 

systems (sec. 822)

The House bill contained a provision (sec. 823) that would 

establish a new section in chapter 144 of title 10, United 

States Code that requires the program acquisition strategy for 

each major defense acquisition program or major system to 

include an identification of major program risks and a risk 

management and mitigation strategy.

The Senate amendment contained a similar provision (sec. 

842).
130

The conference agreement includes a provision that 

combines these two provisions designed to reduce programmatic 

risk. The provision mandates that the program acquisition 

strategy specifically address approaches to manage and mitigate 

risks, and highlights a number of techniques that support such 

mitigation. The provision further highlights the importance of 

prototyping as a risk mitigation approach.

The conferees expect that the risk mitigation aspects of a 

program acquisition strategy should be addressed with each 

increment of a program. Further, the conferees expect that the 

comprehensive approach to risk mitigation should identify: each 

individual risk to the program; risk management and mitigation 

activities developed to address the risks; and resources to 

support those mitigation activities.

Revision of Milestone A decision authority responsibilities for 

major defense acquisition programs (sec. 823)

 The House bill contained a provision (sec. 825) that would 

amend section 2366a of title 10, United States Code, to require 

the Milestone Decision Authority to make a written 

determination, in lieu of a certification, before approving 

milestone A.

The Senate amendment contained a similar provision (sec. 

844).

The Senate recedes with an amendment that combines these 

two provisions. The provision establishes the Milestone 

Decision Authority’s responsibility to ensure that an 

acquisition program has demonstrated sufficient knowledge to 

enter into a risk reduction phase following Milestone A and has 

sound plans to progress to the development phase before granting 

milestone approval. It specifies the considerations the 

milestone decision authority must take into account, thereby 

addressing the critical activities that need to precede and 

occur during the succeeding risk reduction phase.

Revision of Milestone B decision authority responsibilities for 

major defense acquisition programs (sec. 824)

 The House bill contained a provision (sec. 826) that would 

amend section 2366b of title 10, United States Code, to require 

the Milestone Decision Authority (MDA) to make a written 

determination, instead of a certification, for some of the 

existing certification requirements before approving milestone

B.

The Senate amendment contained a similar provision (sec. 

845).
131

The Senate recedes with an amendment that combines these 

two provisions. 

The provision establishes the MDA’s responsibility to 

ensure that an acquisition program has demonstrated sufficient 

knowledge to enter a development phase and has sound plans in 

place to deliver the required capability, before granting 

milestone approval. It specifies the considerations the MDA 

must take into account, thereby addressing the critical 

activities that need to precede and occur during the development 

phase. It further specifies that the MDA must certify that the 

program has a high likelihood of accomplishing its intended 

mission based on a formal post-preliminary design review 

assessment, and that the technology in the program has been 

demonstrated in a relevant environment based on an independent 

review and assessment.

Designation of milestone decision authority (sec. 825)

The Senate amendment contained a provision (sec. 843) that 

would amend section 2430 of title 10, United States Code, to 

designate the service acquisition executives as the milestone 

decision authority for major acquisition programs managed by the 

military services; require that if a program managed by the 

services breaches thresholds in the Nunn-McCurdy Act, section 

2433 of title 10, United States Code, the Secretary of Defense 

shall revoke service milestone decision authority for the 

program; clarify that for service programs where the service 

acquisition executive is the milestone decision authority the 

Under Secretary of Defense for Acquisition, Technology, and 

Logistics would exercise advisory authority; require that the 

service secretaries and service chiefs certify in each Selected 

Acquisition Report that program requirements are stable and 

funding is adequate to meet cost, schedule, and performance 

objectives for each major defense acquisition program; require 

the Deputy Chief Management Officer to issue guidance to ensure 

that acquisition policy, guidance, and practices support a 

streamlined decision making and approval process that minimizes 

information requests on service managed programs; and require 

not later than 180 days after the enactment of this Act, the 

Secretary of Defense to submit to the congressional defense 

committees a plan to implement the Under Secretary of Defense 

for Acquisition, Technology, and Logistics advisory authority 

for service acquisition programs. The provision mandated 

implementation of the changes within 1 year of the date of 

enactment of the Act. 

The House bill contained no similar provision. 
132

The House recedes with an amendment that would clarify 

that the provision would apply to new programs reaching 

milestone A after October 1, 2016; modify certain certification 

requirements; and require the Secretary of Defense to review the 

acquisition oversight process for major defense acquisition 

programs and limit outside requirements for documentation to an 

absolute minimum on those service managed programs. The 

conferees note that the Under Secretary of Defense for 

Acquisition, Technology, and Logistics should only exercise 

advisory authority, subject to the overall authority, direction, 

and control of the Secretary of Defense, over service 

acquisition programs for which the service acquisition executive 

is the milestone decision authority. 

Tenure and accountability of program managers for program 

definition periods (sec. 826)

The Senate amendment contained a provision (sec. 846) that 

would require the Secretary of Defense to revise Department of 

Defense guidance for defense acquisition programs to address the 

tenure and accountability of program managers for the program 

definition period of defense acquisition programs. 

The House bill contained no similar a provision.

The House recedes with an amendment to clarify the period 

of time to which the required guidance applies, and to include 

authority for the Secretary of Defense to adjust program 

management assignment tenures, under certain circumstances.

Tenure and accountability of program managers for program 

execution periods (sec. 827)

 The Senate amendment contained a provision (sec. 847) that 

would address the tenure and accountability of program managers 

for the program execution period of defense acquisition 

programs.

The House bill contained no similar a provision.

The House recedes with an amendment to clarify the 

elements of the guidance to be issued as a result of the 

provision.

Penalty for cost overruns (sec. 828)

The Senate amendment contained a provision (sec. 849) 

under which each military department would pay an annual penalty 

in the amount of 3 percent of the cumulative cost overrun on all 

of its major defense acquisition programs (MDAPs). 

The House bill contained no similar provision.
133

The House recedes. 

Streamlining of reporting requirements applicable to Assistant 

Secretary of Defense for Research and Engineering regarding 

major defense acquisition programs (sec. 829)

The Senate amendment contained a provision (sec. 850) that 

would amend section 138(b) of title 10, United States Code, to 

change the scope of periodic reports the Assistant Secretary of 

Defense for Research and Engineering is required to deliver to 

the congressional defense committees, the Secretary of Defense, 

and the Undersecretary of Defense for Acquisition, Technology 

and Logistics. 

The House bill contained no similar provision.

The House recedes.

Configuration Steering Boards for cost control under major 

defense acquisition programs (sec. 830)

The Senate amendment contained a provision (sec. 851) that 

would amend section 814 of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110-417) to 

require each Configuration Steering Board to track any changes 

in program requirements for a major defense acquisition program

and that all such changes must receive approval by the service 

chief in consultation with the service secretary.

The House bill contained no similar provision.

The House recedes with an amendment that would clarify the 

types of changes required to be approved by the service chief.

Repeal of requirement for stand-alone manpower estimates for 

major defense acquisition programs (sec. 831)

The House bill contained a provision (sec. 856) that would 

consolidate the statutory requirement for a detailed manpower 

estimate prior to approval of development or production and 

deployment of a major defense acquisition program as established 

by section 2434 of title 10, United States Code, with the 

independent estimate of the full life-cycle cost of the program 

also required by section 2434.

The Senate amendment contained a similar provision (sec. 

848). 

The Senate recedes with an amendment that would require 

that the independent estimate of the full-life cycle costs of a 

program include the costs of training. 
134

Revision to duties of the Deputy Assistant Secretary of Defense 

for Developmental Test and Evaluation and the Deputy Assistant 

Secretary of Defense for Systems Engineering (sec. 832)

The House bill contained a provision (sec. 862) that would 

amend section 139b of title 10, United States Code, to clarify 

that the Deputy Assistant Secretary of Defense for Developmental 

Test and Evaluation and the Deputy Assistant Secretary of 

Defense for Systems Engineering advise the Milestone Decision 

Authority regarding review and approval of developmental test 

plans and systems engineering plans. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would authorize 

the Deputy Assistant Secretary of Defense for Developmental Test 

and Evaluation and the Deputy Assistant Secretary of Defense for 

Systems Engineering to review developmental test and evaluation 

and systems engineering master plans for major defense 

acquisition programs, respectively, and advise relevant 

technical authorities on the incorporation of best practices for 

programs under consideration.

SUBTITLE D—PROVISIONS RELATING TO 

ACQUISITION WORKFORCE

Amendments relating to Defense Acquisition Workforce Development 

Fund (sec. 841)

 The House bill contained a provision (sec. 811) that would 

amend section 1705 of title 10, United States Code, to make 

permanent the authority for both the Defense Acquisition 

Workforce Development Fund and the associated expedited hiring 

authority.

The Senate amendment contained a provision (sec. 872) that 

would extend the Defense Acquisition Workforce Development Fund 

for 5 additional years and modify the requirements of the 

biennial strategic workforce plan to assess any new or expanded 

critical skills or competencies needed by the acquisition 

workforce. The Senate amendment also contained a provision (sec. 

1106) that would extend the expedited hiring authority for 

designated defense acquisition workforce positions for 5 years. 

The House recedes with an amendment that would combine the 

provisions. The provision would make permanent the authority for 

both the Defense Acquisition Workforce Develop Fund and the 

associated expedited hiring authority, as well as making 

technical revisions to the administration of the Fund and to the 

biennial strategic workforce plan.
135

Dual-track military professionals in operational and acquisition 

specialities (sec. 842)

The House bill contained a provision (sec. 812) that would 

amend section 1722a of title 10, United States Code, by 

reinstituting a dual-tracking system of primary and functional 

secondary career fields for officers and noncommissioned 

officers serving in acquisition positions by dual-tracking such 

personnel in operational and acquisition career fields under the 

shared accountability and responsibility of the military service 

chiefs and component acquisition executives for career path 

management and selections. 

The Senate amendment contained a similar provision (sec. 

503) that would provide for an enhanced dual track career path 

in combat arms and a functional secondary career in acquisition 

to more closely align military operational requirements and 

acquisition and include business and commercial training as 

joint professional military education.

The Senate recedes. 

The conferees encourage the Secretary to ensure that the 

curriculum for Phase II joint professional military education 

includes matters in acquisition to ensure the successful 

performance in the acquisition or acquisition related fields.

Provision of joint duty assignment credit for acquisition duty 

(sec. 843)

The House bill contained a provision (sec. 813) that would 

amend section 668 of title 10, United States Code, by adding to 

the term “joint matters” the inclusion of acquisition matters 

addressed by military personnel. 

The Senate amendment contained a similar provision (sec. 

503) that would provide for credit for joint duty assignments 

for acquisition related assignments in order to broaden the 

promotion preference and career opportunities of military 

acquisition professionals. 

The Senate recedes. 

Mandatory requirement for training related to the conduct of 

market research (sec. 844)

The House bill contained a provision (sec. 815) that would 

amend section 2377 of title 10, United States Code, by adding a 

requirement that the Secretary of Defense shall provide 

mandatory training for members of the Armed Forces and employees 

of the Department of Defense responsible for the conduct of 
136

market research required under subsection (c) of section 2377 of 

title 10, United States Code. 

The Senate amendment contained no similar provision.

The Senate recedes.

The conferees note that the Department should consider 

using the Defense Acquisition Workforce Development Fund for 

training in market research and other training needed to improve 

the Department’s use of commercial contracting and pricing 

methods to better access commercial industry sources. 

Independent study of implementation of defense acquisition 

workforce improvement efforts (sec. 845)

The House bill contained a provision (sec. 816) that would 

require the Secretary of Defense, within 30 days after the date 

of the enactment of this Act, to enter into a contract with an 

independent research entity that is a not-for-profit entity or a 

federally funded research and development center with 

appropriate expertise and analytical capability to carry out a 

comprehensive study of the Department of Defense's strategic 

planning related to the defense acquisition workforce. 

The Senate amendment contained no similar provision.

The Senate recedes.

Extension of authority for the civilian acquisition workforce 

personnel demonstration project (sec. 846)

The House bill contained a provision (sec. 817) that would 

amend section 1762 of title 10, United States Code, by extending 

the demonstration project relating to certain acquisition 

personnel management policies and procedures through 2020.

The Senate amendment contained a similar provision (sec. 

1110) that would amend section 1762, title 10, United States 

Code, to extend the Civilian Acquisition Workforce Personnel 

Demonstration Project under that section through December 31, 

2020. 

The House recedes.

SUBTITLE E—PROVISIONS RELATING TO 

COMMERCIAL ITEMS

Procurement of commercial items (sec. 851)

The House bill contained a provision (sec. 804) that 

would: 1) amend chapter 140 of title 10, United States Code, by 

adding a new section that would require the Secretary of Defense 
137

to establish and maintain a centralized capability with the 

resources and expertise to oversee the making of commercial item 

determinations for Department of Defense procurements and to 

provide public access to Department of Defense commercial item 

determinations; and 2) would amend section 2306a (b) of title 

10, United States Code, to allow the contracting officer to 

presume that a prior commercial item determination made by a 

military department, Defense Agency, or other component of the 

Department of Defense shall serve as a determination for 

subsequent procurements of such items. 

The Senate amendment contained a similar provision (sec. 

863) that would require the modification to the Defense Federal 

Acquisition Regulation Supplement to address the continuing 

validity of commercial item determinations for multiple 

procurements.

The Senate recedes with an amendment that would combine 

both provisions and make technical and conforming changes.

Modification to information required to be submitted by offeror 

in procurement of major weapon systems as commercial items (sec. 

852)

The House bill contained a provision (sec. 805) that would 

amend section 2379 of title 10, United States Code, by striking 

the requirement that in making a determination that an item is a 

commercial item, the contracting officer shall determine in 

writing that the offeror of the item has submitted sufficient 

information to evaluate, through price analysis, the 

reasonableness of the price for such item.

The Senate amendment contained a similar provision (sec. 

864).

The Senate recedes with an amendment that would clarify 

the hierarchy of information that can be requested by the 

Department of Defense to be submitted by a contractor to support 

a price reasonableness determination. 

Use of recent prices paid by the Government in the determination 

of price reasonableness (sec. 853)

The House bill contained a provision (sec. 852) that would 

amend section 2306a of title 10, United States Code, by adding a 

new paragraph that would require a contracting officer to 

consider evidence provided by an offeror of recent purchase 

prices paid by the Government for the same or similar commercial 

items in establishing price reasonableness

The Senate amendment contained no similar provision.

The Senate recedes.
138

Report on defense-unique laws applicable to the procurement of 

commercial items and commercially available off-the-shelf items 

(sec. 854)

The Senate amendment contained a provision (sec. 861) that 

would amend section 2375 of title 10, United States Code, to 

require the establishment of a list in the Defense Federal 

Acquisition Regulation Supplement of inapplicable defense-unique 

statues to contracts for commercial items and commercial 

available off-the-shelf items. 

The House bill contained no similar provision.

The House recedes with an amendment that would require the 

Department of Defense to report to the congressional defense 

committees identifying the defense-unique provisions of law that 

are applicable for the procurement of commercial items or 

commercial-off-the shelf items, both at the prime and 

subcontract level. 

Market research and preference for commercial items (sec. 855)

The Senate amendment contained a provision (sec. 862) that 

would require the Under Secretary of Defense for Acquisition, 

Technology and Logistics to issue guidance to ensure that 

defense acquisition officials fully comply with the requirements 

of section 2377 of title 10, United States Code. 

The House bill contained no similar provision.

The House recedes. 

Limitation on conversion of procurements from commercial 

acquisition procedures (sec. 856)

The Senate amendment contained a provision (sec. 865) that 

would limit the conversion of the procurement of a commercial 

item or commercial service to a non-commercial acquisition 

procedure unless the Secretary of Defense certifies to the 

congressional defense committees that the Department of Defense 

will realize a significant cost savings as compared to the cost 

of procuring a similar quantity of such item or level of service 

using commercial acquisition procedures. 

The House bill contained no similar provision.

The House recedes with an amendment that would require a 

written determination to be made prior to any conversion of the 

procurement of commercial items to a non-commercial acquisition 

procedure. The conferees also require the Secretary of Defense 

to establish procedures to track conversions of future contracts 

and subcontracts for improved analysis and reporting.
139

Treatment of goods and services provided by nontraditional 

defense contractors as commercial items (sec. 857)

The Senate amendment contained a provision (sec. 866) that 

would amend chapter 140 of title 10, United States Code, to 

include a new provision that would authorize the Department of 

Defense to treat goods and services provided by a nontraditional contractor as defined in section 2302(9) of title 

10, United States Code, as a commercial item. 

The House bill contained no similar provision.

The House recedes. 

SUBTITLE F—INDUSTRIAL BASE MATTERS

Amendment to Mentor-Protégé Program (sec. 861)

The House bill contained a provision (sec. 831) that would 

codify the Department of Defense Mentor-Protégé Pilot Program in 

Title 10 United States Code as a permanent program. 

The Senate amendment contained a provision (sec. 877) that 

would extend the authorization for Department of Defense MentorProtégé Pilot Program by 1 year.

The House recedes with an amendment that would clarify the 

eligibility requirements, forms of assistance, extension of the 

authorization and reporting requirements.

The conferees note that the Congressionally-mandated 

Mentor Protégé program is intended to support efforts of small 

and disadvantaged businesses to partner with established defense 

suppliers to improve their ability to deliver needed 

technologies and services to the Department of Defense. The 

committee is concerned that the program may not always be 

executed to most effectively achieve mandated goals. Analysis of 

this program indicates that in some cases, protégé firms 

participating in this program had received millions of dollars 

in federal prime contract awards prior to the establishment of 

their Mentor-Protégé agreements, indicating they may have 

possessed sufficient ability to market their goods and services 

to federal customers without the need for additional 

developmental assistance. 

The conferees direct the Secretary of Defense to report to 

the House Committee on Armed Services and the Senate Committee 

on Armed Services, within 90 days of the enactment of this Act, 

on changes to program policy and metrics that would ensure the 

program meets the goal of enhancing the defense supplier base in 

the most effective and efficient manner. The report shall 

include recommendations to better direct the developmental 

assistance to the most appropriate disadvantaged small business 
140

concerns, including nontraditional defense contractors currently 

providing goods or services in the private sector that are most 

critical to enhancing the capabilities of the defense supplier 

base and fulfilling key Department needs. The report shall 

describe how the Department will strengthen the review processes 

of program investments to ensure activities proposed in 

developmental plans are necessary for the protégé’s development, 

taking into account the protégé’s reported prime contract and 

subcontract awards, and that mentors are obtaining the best 

value for all reimbursed activities. The report shall also 

assess alternate models for incentives for participation by 

mentor companies in the program other than direct reimbursement, 

and shall detail program metrics that would enable the 

Department evaluate the program’s return on investment and the 

actual impact of the development assistance on the protégé’s 

ability to support DOD needs. The conferees recommend that the 

Secretary ensure that the annual reports generated by the 

Defense Contract Management Agency are sufficient to be used to 

evaluate team performance and mentor reimbursement.

Further, the conferees direct the U.S. Comptroller General 

of the United States, within 1 year of enactment of this Act, 

report to the House Committee on Armed Services and the Senate 

Committee on Armed Services, with an assessment of the efficacy 

of the DOD Mentor-Protégé pilot program, recommend ways to 

harmonize the DOD Mentor-Protégé pilot program with the Small 

Business Administration’s Mentor-Protégé program, and discuss 

whether the reimbursement mechanism for the DOD Mentor-Protégé 

pilot program should be maintained.

Amendments to data quality improvement plan (sec. 862)

The House bill contained a provision (sec. 832) that would 

amend section 15(s) of the Small Business Act (15 U.S.C. 644(s)) 

to require the Administrator of the Small Business 

Administration to annually provide to the Committee on Small 

Business of the House of Representatives and the Committee on 

Small Business and Entrepreneurship of the Senate certification 

of the accuracy and completeness of data reported on bundled and 

consolidated contracts. This section would also require the 

Comptroller General of the United States to provide a report to 

the aforementioned committees not later than the first day of 

fiscal year 2019 on the effectiveness of the certification 

process and an assessment of whether contracts were accurately 

labeled as bundled or consolidated.

The Senate amendment contained no similar provision.

The Senate recedes.
141

Notice of contract consolidation for acquisition strategies 

(sec. 863)

The House bill contained a provision (sec. 833) that would 

amend section 44(c)(2) of the Small Business Act (15 U.S.C. 

657q(c)(2)) to require the senior procurement executive or chief 

acquisition officer to announce through a public website that a 

determination has been made to bundle or consolidate contracts 

within 1 week of making the determination, but no later than 1 

week prior to the issuance of a solicitation.

The Senate amendment contained no similar provision.

The Senate recedes.

Clarification of requirements related to small business 

contracts for services (sec. 864)

The House bill contained a provision (sec. 834) that would 

amend section 8(a)(17) of the Small Business Act (15 U.S.C. 

637(a)(17)) to clarify that the statute applies to contracts for 

goods, but not services or construction. The conferees note that 

the non-manufacturer rule (NMR) was established to ensure that, 

when competition for a contract for goods is restricted to small 

businesses, the goods ultimately purchased were indeed the 

product of a small business. However, the conferees are 

concerned that the NMR is being applied to services and 

construction contracts and could limit small business 

participants contracting for services and construction to the 

Federal Government. Therefore, the conferees believe this 

clarification to section 8(a)(17) is necessary.

The Senate amendment contained no similar provision.

The Senate recedes.

Certification requirements for Business Opportunity Specialists, 

commercial market representatives, and procurement center 

representatives (sec. 865)

The House bill contained a provision (sec. 840) that would 

amend section 15 and section 4 of the Small Business Act (15 

U.S.C. 644 and 633, respectively) to set certification 

requirements for commercial market representatives and to modify 

the current certification requirements for procurement center 

representatives and Business Opportunity Specialists.

The Senate amendment contained no similar provision.

The Senate recedes with a technical amendment. 

Modifications to requirements for qualified HUBZone small 

business concerns located in a base closure area (sec. 866)
142

The House bill contained a provision (sec. 842) that would 

amend section 152(a)(2) of title I of division K of the 

Consolidated Appropriations Act, 2005 (15 U.S.C. 632 note) to 

extend the length of time covered base closure areas may 

participate in the Historically Underutilized Business Zone 

(HUBZone) program to either 8 years or until the Small Business 

Administration announces which areas will qualify for the 

HUBZone program after the next decennial census data is 

released. This section would also amend section 3(p)(5)(A)(i)(l) 

of the Small Business Act (15 U.S.C. 632(p)(5)(A)(i)(I)) to 

include allowed covered base closure area HUBZone participants 

to meet the program's employment requirements by hiring 35 

percent of their employees from any qualified HUBZone, and would 

amend section 3(p)(4)(D) of the Small Business Act (15 U.S.C. 

632(p)(4)(D)) to extend physical boundaries of the covered base 

closure area, for purpose of the HUBZone program, to include 

lands within a 25-mile radius of the base.

The Senate amendment contained two similar provisions 

(sec. 882 and 883) that would amend the Small Business Act, 

title 15, United States Code to authorize the inclusion of 

qualified disaster areas to the Historically Underutilized 

Business Zone program administered by the Small Business 

Administration and to authorize the inclusion of base closure 

areas to the Historically Underutilized Business Zone program 

administered by the Small Business Administration.

The Senate recedes with an amendment that would combine 

both provisions. 

Joint venturing and teaming (sec. 867)

The House bill contained a provision (sec. 843) that would 

amend section 15(e)(4) and 15(q)(1) of the Small Business Act 

(15 U.S.C. 644(e)(4) and 15 U.S.C. 644(q)(1)), respectively, by 

requiring agencies to give due consideration to the capabilities 

and past performances of the small businesses that submit offers 

as teams or joint ventures when the contract is bundled, 

consolidated, or for a multiple-award contract. 

The Senate amendment contained no similar provision.

The Senate recedes.

Modification to and scorecard program for small business 

contracting goals (sec. 868)

The House bill contained a provision (sec. 844) that would 

codify a requirement to publish a scorecard on agency 

achievements regarding contract awards to small businesses and 
143

require a Government Accountability Office report on the 

effectiveness of the scorecard methodology. 

The Senate amendment contained no similar provision.

The Senate recedes with an amendment to remove the 

requirement for the establishment and execution of the program 

before the end of fiscal year 2017. 

Establishment of an Office of Hearings and Appeals in the Small 

Business Administration; petitions for reconsideration of size 

standards (sec. 869)

The House bill contained a provision (sec. 845) that would 

amend section 5 of the Small Business Act (15 U.S.C. 634)that 

would establish an Office of Hearings and Appeals in the Small 

Business Administration that would review petitions for the 

revision of small business size standards. 

The Senate amendment contained no similar provision.

The Senate recedes.

Additional duties of the Director of Small and Disadvantaged 

Business Utilization (sec. 870)

The Senate amendment contained a provision (sec. 885) that 

would require the small business offices in the Office of the 

Secretary of Defense and the military departments to serve as 

intermediaries between small businesses and contracting 

officials prior to the award of contracts in cases where a small 

business prospective contractor notifies the small business 

office that it has reason to believe that the contracting 

process has been modified to preclude a small business from 

bidding on the contract or would give another contractor an 

unfair competitive advantage.

The House bill contained no similar provision.

The House recedes with an amendment that would amend 

section 15(k) of the Small Business Act (title 15, United States 

Code, section 644) to describe the responsibilities of federal 

agency Office of Small and Disadvantaged Business Utilization 

offices in cases where a small business concern prior to the 

award of a contract believes that a solicitation, request for 

proposal, or request for quotation might unduly restrict the 

ability of the small business concern to compete for the award. 

Including subcontracting goals in agency responsibilities (sec. 

871)

The House bill contained a provision (sec. 841) that would 

amend section 1633(b) of the National Defense Authorization Act 
144

for Fiscal Year 2013 (Public Law 112-239) to include 

consideration of success in attainment of small business 

subcontracting goals as part of agency responsibilities.

The Senate amendment contained no similar provision.

The Senate recedes.

Reporting related to failure of contractors to meet goals under 

negotiated comprehensive small business subcontracting plans 

(sec. 872)

The Senate amendment contained a provision (sec. 828) that 

would amend section 834(d) of the National Defense Authorization 

Act for Fiscal Years 1990 and 1991 (Public Law 101-189) to 

require the Secretary of Defense to report to Congress on any 

negotiated comprehensive subcontracting plan that the Secretary 

determines did not meet the subcontracting goals negotiated in 

the plan for the prior fiscal year. 

The House bill contained no similar provision.

The House recedes.

Pilot program for streamlining awards for innovative technology 

projects (sec. 873)

The Senate amendment contained a provision (sec. 831) that 

would establish a pilot program to provide an exception from the 

requirements under sections 2306a(1) and 2313 of title 10, 

United States Code, for contracts or subcontracts valued at less 

than $7.5 million that are awarded based on a technical merit 

based selection procedure. 

The House bill contained no similar provision. 

The House recedes with a technical amendment.

Surety bond requirements and amount of guarantee (sec. 874)

The House bill contained a provision (sec. 839) that 

would: (1) amend section 411 of the Small Business Investment 

Act of 1958 (15 U.S.C. § 694b(c)(1)) to increase the guarantee 

rate for surety bonds issued pursuant to the Small Business 

Administration’s (SBA) Preferred Program to 90 percent; (2) 

amend chapter 93 of title 31, United States Code, to require 

that individual sureties have sufficient assets to redeem the 

bonds; and (3) provide for a study by the Comptroller General of 

the effects of these changes on small and disadvantaged business 

enterprises. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would retain the 

provision addressing the SBA program and the provision governing 
145

the use of individual sureties. However, each provision will be 

subject to a 1-year delay in implementation to allow for the 

necessary rulemaking. The conference agreement does not retain 

the provisions amending the SBA surety bond program, nor does it 

provide for a study by the Comptroller General. 

The conferees believe the compromise will allow for 

greater protection of federal agencies and subcontractors 

protected by surety bonds, while allowing the SBA more time to 

document the effects of changes to the surety bond program made 

by section 1695 of the National Defense Authorization Act for 

Fiscal Year 2013 (Public Law 112-239).

Review of Government access to intellectual property rights of 

private sector firms (sec. 875)

The House bill contained a provision (sec. 835) that would 

require the Secretary of Defense to enter into a contract with 

an independent entity with appropriate expertise to conduct a 

review of Department of Defense regulations and practices 

related to Government access to and use of intellectual property 

rights of private sector firms. 

The Senate amendment contained no similar provision.

The Senate recedes. 

Inclusion in annual technology and industrial capability 

assessments of a determination about defense acquisition program 

requirements (sec. 876)

The House bill contained a provision (sec. 322) that would 

amend section 2505 of title 10, United States Code, to include 

in the required periodic assessment of defense capability an 

additional requirement for the Secretary of Defense to also 

determine the extent to which the requirements associated with 

defense acquisition programs can be satisfied by the present and 

projected performance capacities of industries supporting the 

sectors or capabilities in the assessment and evaluate the 

reasons for any variance from applicable preceding 

determinations.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would require 

the review of the number of industry sources and whether 

requirements could be satisfied by industries not actively 

supporting the Department of Defense.

SUBTITLE G—OTHER MATTERS
146

Consideration of potential program cost increases and schedule 

delays resulting from oversight of defense acquisition programs 

(sec. 881)

The House bill contained a provision (sec. 851) that would 

amend section 139 of title 10, United States Code, by including 

a new subsection that would require the Director of Operational 

Test and Evaluation to consider the potential for increases in 

program cost estimates or delays in schedule estimates in the 

implementation of policies, procedures, and activities related 

to operational test and evaluation, and to take appropriate 

action to ensure that the conduct of operational test and 

evaluation activities do not unnecessarily impede program 

schedules or increase program costs.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would require 

that all relevant Department of Defense acquisition, management 

and oversight agencies consider the potential for increases in 

program costs or cost estimates or delays resulting from their 

office’s oversight efforts with regards to defense acquisition.

Examination and guidance relating to oversight and approval of 

services contracts (sec. 882)

The House bill contained a provision (sec. 857) that would 

require the Under Secretary of Defense for Acquisition, 

Technology, and Logistics to complete an examination by March 1, 

2016, of the decision authority related to acquisition of 

services and to develop and promulgate guidance to improve 

capabilities related to services contracts requirements 

development, source selection, and contract oversight and 

management.

The Senate amendment contained no similar provision.

The Senate recedes.

Streamlining of requirements relating to defense business 

systems (sec. 883)

The House bill contained a provision (sec. 858) that would 

revise section 2222 of title 10, United States Code, to clarify 

responsibilities for the management of defense business 

information technology systems. As a result, this section would 

repeal the current reporting requirement contained in section 

2222 of title 10, United States Code, and insert a new annual 

reporting requirement through the year 2020 on the revised 

requirements of section 2222.
147

The Senate amendment contained a similar provision 

(section 871). 

The conference agreement includes a provision that would 

combine the two provisions. The revised section 2222 of title 

10, United States Code, streamlines the requirements for 

development and management of business systems, as well as 

associated reporting requirements; mandates elements of guidance 

to be issued by the Secretary of Defense on investments in and 

acquisition of business systems; clarifies the responsibilities 

of senior officials in the acquisition and management of 

business systems; and emphasizes the need for robust business 

process engineering prior to investment in commercial technology 

or the modification of commercial systems for use by the 

Department of Defense. 

Procurement of personal protective equipment (sec. 884)

The House bill contained a provision (sec.860) that would 

ensure the Secretary of Defense uses best value contracting 

methods to the maximum extent practicable when procuring an item 

of personal protective equipment.

The Senate amendment contained a similar provision (sec. 

824 that would: (1) prohibit the use of reverse auctions and 

lowest priced technically acceptable (LPTA) contracting methods 

for the procurement of personal protective equipment where the

level of quality needed or the failure of the item could result 

in combat casualties; and (2) establish a preference for best 

value contracting methods when procuring such equipment.

The Senate recedes with an amendment to combine the two 

provisions to ensure that the Department of Defense to the 

maximum extent practicable uses best value criteria for the 

procurement of these items.

The conferees are concerned that an overarching bias 

towards reducing prices paid by the Department of Defense (DOD) 

to the exclusion of other factors could result in DOD buying low 

cost products that have the potential to negatively impact the 

safety of U.S. military personnel. The conferees believe this 

could be a particular problem with the quality of personal 

protective equipment such as combat helmets, body armor, 

ballistic eye protection, and other similar individual equipment 

issued to U.S. military personnel.

Amendments concerning detection and avoidance of counterfeit 

electronic parts (sec. 885)

The House bill contained a provision (sec. 861) that would 

amend section 818(c)(2)(B) of the National Defense Authorization 
148

Act for Fiscal Year 2012 (Public Law 112–81) to expand the 

eligibility for covered contractors to include costs associated 

with rework and corrective action related to counterfeit 

electronic parts as allowable costs under Department of Defense 

contracts. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would allow the 

Department of Defense to approve of industry-selected trusted 

suppliers. 

Exception for AbilityOne products from authority to acquire 

goods and services manufactured in Afghanistan, Central Asian 

States, and Djibouti (sec. 886)

The House bill contained a provision (sec. 865) that would 

amend Section 886 of the National Defense Authorization Act for 

Fiscal Year 2008 (10 U.S.C. 2302 note) and Section 1263 of the 

Carl Levin and Howard P. `Buck' McKeon National Defense 

Authorization Act for Fiscal Year 2015 (Public Law 113-291) to 

exclude items that can be procured under the AbilityOne 

procurement list outlined in section 8503(a) of title 41, United 

States Code from preferred local procurement in Afghanistan, 

Iraq, Central Asia, and Djibouti. 

The Senate amendment contained a similar provision (sec. 

884) that would amend section 886 National Defense Authorization 

Act for Fiscal Year 2008 (10 U.S.C. 2302 note) and section 801 

of the National Defense Authorization Act for Fiscal Year 2010 

(Public Law 111-84) to exclude items in the procurement list 

described in section 8503(a) of title 41 from preferred local 

procurement in Afghanistan and Central Asia, if such a good can 

be produced and delivered by a qualified non-profit agency for 

the blind or a non-profit agency for other severely disabled in 

a timely fashion to support mission requirements.

The House recedes with a technical amendment. 

Effective communication between government and industry (sec. 

887)

The House bill contained a provision (sec. 866) that would 

require the Federal Acquisition Regulatory Council to prescribe 

a regulation making clear that agency acquisition personnel are 

permitted and encouraged to engage in responsible and 

constructive exchanges with industry, so long as those exchanges 

are consistent with existing law and regulation and do not 

promote an unfair competitive advantage to particular firms.

The Senate amendment contained no similar provision.

The Senate recedes.
149

Standards for procurement of secure information technology and 

cyber security systems (sec. 888)

The House bill contained a provision (sec. 870) that would 

require the Secretary of Defense to conduct an assessment of the 

application of the Open Trusted Technology Provider Standard to 

Department of Defense procurements for information technology 

and cyber security acquisitions.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would expand on 

the types of open technology standards to be assessed. 

Unified information technology services (sec. 889)

The Senate amendment contained a provision (sec. 873) that 

would require the Department of Defense to conduct a business 

case analysis to determine the most effective and efficient way 

to acquire common services across Department of Defense (DOD) 

networks and ensure interoperability and competition. 

The House bill contained no similar provision. 

The House recedes with a technical amendment.

Cloud strategy for Department of Defense (sec. 890)

The Senate amendment contained a provision (sec. 874) that 

would require the Chief Information Officer (CIO) of the 

Department of Defense to develop a cloud strategy for the secret 

level of classified data and the Secret Internet Protocol 

network (SIPRnet). The provision would also require the CIO to 

develop a consistent pricing and cost recovery process for the 

use by Department of Defense components of the Intelligence 

Community's cloud services. The provision would also require the 

CIO to assess the feasibility and advisability of imposing a 

minimum set of open standards for cloud infrastructure, middleware, metadata, and application programming interfaces to 

promote interoperability, information sharing, access to data, 

and competition. 

The House bill contained no similar provision. 

The House recedes with a technical amendment.

Development period for Department of Defense information 

technology systems (sec. 891)

The Senate amendment contained a provision (sec. 875) that 

would amend section 2445b of title 10, United States Code, to 

modify requirements applicable to a major automated information 
150

system program that fails to achieve a full deployment decision 

within 5 years after the initiation of the program.

The House bill contained no similar provision. 

The House recedes with a technical amendment.

Revisions to pilot program on acquisition of military purpose 

nondevelopmental items (sec. 892)

The Senate amendment contained a provision (sec. 876) that 

would amend section 866 of the Ike Skelton National Defense 

Authorization Act for Fiscal Year 2011 (Public Law 111-383) to 

expand the applicability of the pilot program on the acquisition 

of military purpose nondevelopmental items to additional classes 

of contractors and apply the standards of the Competition in 

Contracting Act of 1984 (10 U.S.C. 2304) to these contracts. 

The House bill contained no similar provision.

The House recedes.

Improved auditing of contracts (sec. 893)

The Senate amendment contained a provision (sec. 878) that 

would authorize the Defense Contract Audit Agency (DCAA) to 

provide outside audit support to non-Defense Agencies upon 

certification that the backlog for incurred cost audits is less 

than 12 months of incurred cost inventory. 

The House bill contained no similar provision.

The House recedes with an amendment that would prohibit 

the DCAA from providing outside audit support to non-Defense 

Agencies until DCAA certifies that the backlog for incurred 

costs is less than 18 months of incurred-cost inventory, not 

require the Secretary of Defense to use outside auditing staff 

to help address DCAA’s audit backlog, and streamline reporting 

requirements. 

Sense of Congress on evaluation method for procurement of audit 

or audit readiness services (sec. 894)

The House bill contained a provision (sec. 864) that would 

require the Secretary of Defense to establish values and metrics 

for the procurement of audit or audit readiness services and 

review the offeror's past performance before using a lowest 

price, technically acceptable evaluation method for the 

procurement of such services.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment stating that before 

using the lowest price, technically acceptable evaluation method 

for the procurement of audit or audit readiness services, the 
151

Secretary of Defense should establish the values and metrics for 

evaluating companies offering audit services, including 

financial management and audit expertise and experience, 

personnel qualifications and certifications, past performance, 

technology, tools, and size. 

Mitigating potential unfair competitive advantage of technical 

advisors to acquisition programs (sec. 895)

The Senate amendment contained a provision (sec. 881) that 

would require the Under Secretary of Defense for Acquisition, 

Technology, and Logistics to issue guidance on identifying and 

addressing potential unfair competitive advantage of technical 

advisors to acquisition officials.

The House bill contained no similar provision.

The House recedes with an amendment to revise the guidance 

required under the provision.

The conferees believe that the technical advisors 

described in the provision include contractors, federally funded 

research and development centers, university-affiliated research 

centers, non-profit entities, and federal laboratories that 

provide systems engineering and technical direction, participate 

in technical evaluations, support preparation of specifications 

or work statements, or otherwise provide technical advice to 

acquisition officials on the conduct of defense acquisition 

programs. The conferees further believe that “potentially unfair 

competitive advantage” includes unequal access to acquisition 

officials responsible for award decisions or allocation of 

resources, or to acquisition information relevant to award 

decisions or allocation of resources. 

In responding to this provision, the conferees expect the 

Secretary to review these definitions, as well as the efficacy 

of current conflict-of-interest policies, the use of nondisclosure agreements, the application of appropriate 

regulations, and decisions to allocate resources through direct 

award of funds to intramural programs or sole-source task orders 

to entities that provide technical advice on defense programs 

versus open and competitive extramural solicitations. Based on 

the results of this review, the conferees expect the Secretary 

to review and revise guidance to clarify these issues if 

necessary. 

The conferees also expect the Secretary to develop metrics 

and processes for collecting and evaluating complaints and 

concerns relating to examples of the exploitation of unfair 

competitive advantage by technical advisors.

Survey on the costs of regulatory compliance (sec. 896)
152

The Senate amendment contained a provision (sec. 879) that 

would require the Secretary of Defense to conduct a survey of 

defense contractors with the highest level of reimbursements for 

cost-type contracts and identify the cost to industry of 

regulatory compliance with government unique acquisition 

regulations and requirements that are not imposed on commercial 

item contracts. 

The House bill contained no similar provision.

The House recedes with a clarifying amendment. 

Treatment of interagency and State and local purchases when the 

Department of Defense acts as contract intermediary for the 

General Services Administration (sec. 897)

The House bill contained a provision (sec. 847) on the 

sense of Congress on the treatment of the procurement of fire 

hoses. 

The Senate amendment contained a similar provision (sec. 

830) that would clarify that the requirements under chapter 148 

of title 10, United States Code would not apply to a contract 

executed by the Department of Defense where the Department is 

acting as an intermediary for the General Services 

Administration (GSA) for purchase of products by other federal 

agencies or state and local governments. 

The House recedes. 

The conferees note that the chapter 148 process of 

obtaining a domestic non-availability determination of certain 

products, such as fire hoses, could have a significant effect on 

the ability of Federal agencies to respond to natural disasters 

or other emergencies.

Competition for religious services contracts (sec. 898)

The Senate amendment contained a provision (sec. 829) that 

would ensure that non-profit organizations can compete for 

contracts for religious related services on a United States 

military installation. 

The House bill contained no similar provision.

The House recedes. 

Pilot program regarding risk-based contracting for smaller 

contract actions under the Truth In Negotiations Act (sec. 899)

The Senate amendment contained a provision (sec. 823) that 

would amend the Truth in Negotiations Act (Public Law 87-653; 10 

U.S.C. section 2306a) to raise the threshold for the requirement 

to provide certified cost or pricing data in non-price 
153

competitive procurements on non-commercial items from the 

current $750,000 to $5.0 million and require the Department of 

Defense (DOD) to establish a risk-based contracting approach, 

under which certified cost or pricing data would be required for 

a risk-based sample of contracts, to ensure that DOD is getting 

fair and reasonable prices for such contracts. 

The House bill contained no similar provision.

The House recedes with an amendment that would establish a 

pilot program to test this authority. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Sense of Congress on the desired tenets of the defense 

acquisition system

The House bill contained provisions (sec. 800 and sec. 

821) that express the sense of Congress that acquisition reform 

efforts and weapon system acquisitions require improvement. 

The Senate amendment contained no similar provision. 

The House recedes. 

The conferees note the concern that the incentives of the 

current acquisition system lead to too many defense acquisitions 

concurrently chasing finite dollars. The conferees are concerned 

that the Nation often endures weapons delivered late, at too 

high of a cost, with performance that falls short, and that are 

difficult and costly to maintain. Furthermore, the conventional 

acquisition process is not sufficiently agile to support 

warfighter demands. 

The conferees express the need for reform for national 

security reasons to maintain technological and military 

dominance. The conferees are concerned that the current process 

is so rigid and time-consuming that the Department is often 

unable to effectively tap into the innovation occurring in the 

commercial marketplace. The conferees note that commercial 

research and development (R&D) now represents 75 percent of the 

national total, and global R&D is now more than twice that of 

the United States. The conferees suggest that removing 

unnecessary legislative, regulatory, and cultural barriers to 

new commercial competitions is necessary to create better 

incentives for and increased access to innovation beyond the 

Department. The conferees believe these steps are critical for 

national security in the future, especially in areas such as 

cyber security, robotics, data analytics, miniaturization, and 

autonomy. 

The conferees are concerned that the Department of Defense 

currently lacks effective oversight over a contracted services 

portfolio that has grown in magnitude over the last decade. The 
154

military departments and defense agencies have failed to adopt 

leading private sector best practices in the acquisition and 

management of commercially available services and information 

technologies. Departmental leadership has limited insight into 

the services being acquired and even less awareness of the 

services that may be needed in the future. 

The conferees believe that the acquisition reform 

provisions in this bill are a first start in addressing these 

challenges but it will require all stakeholders in the 

acquisition system--the Department of Defense, Congress, and 

industry --to work together to achieve success. Success will be 

measured by the timely delivery of affordable and effective 

military equipment and services. The conferees will continue to 

work for an acquisition system that is more proactive, agile, 

transparent, and innovative.

Independent study of matters related to bid protests

The House bill contained a provision (sec. 803) that would 

require the Secretary of Defense to enter into a contract, 

within 180 days after the date of the enactment of this Act, 

with an independent research entity that is a not-for-profit 

entity or a federally funded research and development center 

with appropriate expertise and analytical capability to carry 

out a comprehensive study of factors leading to bid protests

The Senate amendment contained a similar provision (sec. 

880) that would require a report by the Government 

Accountability Office on bid protests.

The conference agreement does not include either of these 

provisions.

Compliance with inventory of contracts for services

The House bill contained a provision (sec. 807) that would 

limit the expenditure of funds authorized for the operation of 

the Office of the Under Secretary of Defense for Personnel and 

Readiness until certain conditions are met regarding the 

Department of Defense's compliance with the requirement for an 

inventory of contracts for services.

The Senate amendment contained no similar provision.

The House recedes. 

The conferees continue to recognize the value of obtaining 

better visibility over the use of services contracts by defense 

components and agencies to better understand how contracted 

services are being used to support Department of Defense 

missions. The conferees note a distinction between services 

contracts which are measured in the same manner as staff 
155

augmentation contracts of contractor full-time equivalents and 

performance-based services contracts and other services 

contracts which rely on a high degree of embedded capital 

equipment and business process re-engineering. The conferees 

direct the Secretary of Defense to examine the approach the 

Department is taking to comply with section 2330a, United States 

Code, and determine whether it is or is not producing a product 

that enhances the oversight of service contracting activities 

and submit a report explaining the results of that examination 

to the congressional defense committees no later than March 1, 

2016, including efforts to better manage contractor and civilian 

personnel costs within the Department. The conferees recognize 

the information technology aspects of the inventory present 

technical challenges and encourage the Secretary of Defense to 

investigate and pursue existing Department of Defense and 

service component information technology systems which could 

present a timely solution and provide data relevant to strategic 

workforce planning. To the extent that the Secretary identifies 

that the process and technology are not producing an oversightenhancing product, the conferees expect the Secretary to propose 

an alternative method of inventory. 

Requirement for acquisition skills assessment biennial strategic 

workforce plan

The House bill contained a provision (sec. 814) that would 

amend section 115b of title 10, United States Code, which 

requires the Secretary of Defense to submit a biennial strategic 

workforce plan on critical skills and competencies of the 

civilian employee workforce of the Department of Defense, to 

include an additional assessment of new or expanded critical 

skills and competencies needed by the civilian employee 

workforce to address new acquisition process requirements 

established by law or policy.

The Senate amendment contained no similar provision.

The House recedes.

Modification to requirements relating to determination of 

contract type for major defense acquisition programs and major 

systems

The House bill contained a provision (sec. 824) that would 

amend section 2306 of title 10, United States Code, by adding a 

new subsection, and repealing the requirements in certain 

subsections of section 818 of the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109-364), 
156

relating to the modification of Department of Defense 

regulations.

The Senate amendment contained a related provision (sec. 

821) that would require the Defense Federal Acquisition 

Regulation Supplement to be revised to establish a preference 

for fixed-price contracts, including fixed-price incentive 

contracts, in the determination of contract type for development 

programs.

The conference agreement does not include either 

provision.

Requirement that certain ship components be manufactured in the 

national technology and industrial base

The House bill contained a provision (sec. 836) that would 

amend section 2534(a) of title 10, United States Code, and would 

require certain auxiliary ship components to be procured from a 

manufacturer in the national technology and industrial base.

The Senate amendment contained no similar provision.

The House recedes.

Policy regarding solid rocket motors used in tactical missiles

The House bill contained a provision (sec. 837) that would 

require the Secretary of Defense to ensure that every tactical 

missile program of the Department of Defense that uses solid 

propellant as the primary propulsion system shall have at least 

one rocket motor supplier within the national technology and 

industrial base and would allow the Secretary to waive this 

requirement in the case of compelling national security reasons.

The Senate amendment contained no similar provision.

The House recedes.

The conferees agree on the importance of sustaining rocket 

motor production options to ensure a healthy tactical missile 

industrial base.

FAR Council membership for administrator of Small Business 

Administration

The House bill contained a provision (sec. 838) that would 

amend section 1302 of title 41, United States Code, by adding 

the Administrator of the Small Business Administration to the 

Federal Acquisition Regulatory (FAR) Council.

The Senate amendment contained no similar provision.

The House recedes.

The conferees believe that the FAR Council should work 

closely with the Small Business Administration to ensure that 
157

consistent regulations are issued from both organizations, to 

the benefit of both Federal agencies and their small business 

contractors.

Limitations on reverse auctions

The House bill contained a provision (sec. 846) that would 

amend the Small Business Act (15 U.S.C. § 631 et. seq.) to 

prohibit the use of reverse auctions for the purchase of 

construction services; goods purchased to protect Federal 

employees, members of the Armed Forces, or civilians from bodily 

harm; and goods or services awarded based on factors other than 

price and technical responsibility if the contract is awarded 

using a Small Business Act procurement authority. For all other 

reverse auctions conducted using a Small Business Act 

procurement authority, the provision required training of 

contracting officers, restricted the activities that could be 

undertaken by third-party agents, required honesty in price 

rankings, and required that revisions to offers be permitted 

throughout the course of the auction. 

The Senate amendment contained no similar provision. 

The House recedes. 

The conferees note that similar language independent of 

the Small Business Act and applicable only to the Department of 

Defense was adopted as section 824 of the Carl Levin and Howard 

P. "Buck" McKeon National Defense Authorization Act for Fiscal 

Year 2015 (Public Law 113-291). Recognizing that two-thirds of 

reverse auctions are conducted outside of the Department of 

Defense, the conferees see value in addressing the use of this 

procurement method in civilian agencies but believe it is 

premature to place additional restrictions upon the Department 

until section 824 of last year’s authorization is implemented. 

Extension of limitation on aggregate annual amount available for 

contract services

The House bill contained a provision (sec. 863) that would 

extend the limitation on the aggregate annual amount available 

for contract services.

The Senate amendment contained no similar provision.

The House recedes.

Strengthening program and project management performance by the 

Department of Defense

The House bill contained a provision (sec. 867) that would 

require the Director of the Office of Management and Budget to 
158

develop a plan to strengthen program and project management 

performance for improving management of IT programs and 

projects.

The Senate amendment contained a similar provision (sec. 

810) that would outline Department of Defense responsibilities 

under chapter 87 of title 10, United States Code for improving 

program and project management. 

The conference agreement does not include either 

provision.

Synchronization of defense acquisition curricula

The House bill contained a provision (sec. 868) that would 

require that the President of the Defense Acquisition University 

convene an annual review board to synchronize defense 

acquisition curricula across the Department of Defense.

The Senate amendment contained no similar provision.

The House recedes. 

The conferees note that the Defense Acquisition University 

(DAU) plays an important role in enhancing the quality and 

innovative capacity of the defense acquisition workforce. DAU 

training and education will be critical to enable the workforce 

to better position DOD to access global and commercial 

technologies and services, as well as to put the tenets of 

acquisition reform into actual practice. The conferees urge DAU 

to work with other educational institutions within and outside 

DOD to leverage a wide array of available expertise and 

synchronize acquisition educational activities, best practices 

and curricula. Further, in order to enhance education and 

training of the acquisition workforce and support effective 

acquisition reform, the conferees direct DAU to engage with 

leading educational and research experts on procurement and 

acquisition issues from both within and outside the Federal 

Government, including through personal exchanges, joint studies 

and analyses, and other interactions. 

Research and analysis of defense acquisition policy

The House bill contained a provision (sec. 869) that would 

amend section 1746(a) of title 10, United States Code to add 

examples of academic institutions that could be used for the 

research and analysis of defense acquisition policy issues. 

The Senate amendment contained no similar provision.

The House recedes. 

Modifications to the justification and approval process for 

certain sole-source contracts for small business concerns
159

The House bill contained a provision (sec. 871) that would 

repeal the requirement for the simplified justification and 

approval process established in section 811 of the National 

Defense Authorization Act for Fiscal Year 2010 (Public Law 111-

84; 123 Stat. 2405; 41 U.S.C. 3304 note).

The Senate amendment contained no similar provision.

The House recedes. 

Annual report on foreign procurements

The Senate amendment contained a provision (sec. 886) that 

would require the Secretary of Defense to provide a report 

relating to specific foreign procurements by the Department of 

Defense that result from waivers to the Buy America Act.

The House bill had no similar provision.

The Senate recedes. 

The conferees note that the Department’s Report to 

Congress on Fiscal Year 2014 Purchases from Foreign Entities 

identified approximately $5.4 billion in spending on nearly 

23,000 purchases for which the restrictions of the Buy America 

Act are not applicable because they are for items that are 

manufactured and used outside the United States. 

The conferees direct the Secretary of Defense to submit to 

the appropriate congressional defense committees a report 

listing specific procurements by the Department of Defense in 

fiscal year 2016 of articles, materials, or supplies valued 

greater than $5.0 million, using the exception under section 

8302(a)(2)(A) of title 41, United States Code, relating to 

articles, materials, and supplies for use outside the United 

States. The conferees note that this report may be submitted as 

part of the report required under section 8305 of such title.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION 

AND MANAGEMENT

LEGISLATIVE PROVISIONS ADOPTED

Update of statutory functions of the Chairman of the Joint 

Chiefs of Staff relating to joint force development activities 

(sec. 901)

The House bill contained a provision (sec. 903) that would 

amend section 153(a)(5), title 10, United States Code, by adding 

a new subsection that would require the Chairman of the Joint 

Chiefs of Staff to advise the Secretary of Defense on 
160

development of joint command, control, communications and cyber 

capability, including integration and interoperability of such 

capability through requirements, integrated architectures, data 

standards and assessments.

The Senate amendment contained a similar provision (sec. 

901).

The Senate recedes.

Sense of Congress on the United States Marine Corps (sec. 902)

The House bill contained a provision (sec. 904) that would 

express the sense of Congress that the United States Marine 

Corps, within the Department of the Navy, should remain the 

Nation’s expeditionary crisis response force and that the Marine 

Corps should be organized, trained, and equipped in the manner 

and for such purposes specified in section 5063 of title 10, 

United States Code.

The Senate amendment contained a similar provision (sec. 

1048).

The Senate recedes with a clarifying amendment.

LEGISLATIVE PROVISIONS NOT ADOPTED

Redesignation of the Department of the Navy as the Department of 

the Navy and Marine Corps

The House bill contained a provision (sec. 901) that would 

redesignate the Department of the Navy as the Department of the 

Navy and Marine Corps.

The Senate amendment contained no similar provision.

The House recedes.

Change of period for Chairman of the Joint Chiefs of Staff 

review of the Unified Command Plan

The House bill contained a provision (sec. 902) that would 

amend section 161(b)(1) of title 10, United States Code, to 

change the period for Chairman of the Joint Chiefs of Staff 

review of the Unified Command Plan from 2 years to 4 years.

The Senate amendment contained no similar provision.

The House recedes.

Reorganization and redesignation of Office of Family Policy and 

Office of Community Support for Military Families with Special 

Needs
161

The Senate amendment contained a provision (sec. 902) that 

would amend sections 1781, 1781(a), 1781c, and 131 of title 10, 

United States Code, to reorganize and redesignate the Office of 

Community Support for Military Families with Special Needs and 

the Office of Family Policy into the Office of Military Family 

Readiness Policy. The provision would also require the director 

of the Office of Military Family Readiness Policy to be a member 

of the Senior Executive Service or a general or flag officer.

The House bill contained no similar provision. 

The Senate recedes.

Guidelines for conversion of functions performed by civilian or 

contractor personnel to performance by military personnel

The House bill contained a provision (sec. 907) that would 

provide guidelines for the conversion of functions performed by 

civilian or contractor personnel to performance by military 

personnel.

The Senate amendment contained no similar provision.

The House recedes.

The conferees have included in the outcome for sec. 321 of 

the House bill an additional reporting requirement related to 

the methodology for making cost comparisons between Department 

of Defense workforce sectors.

TITLE X—GENERAL PROVISIONS

SUBTITLE A—FINANCIAL MATTERS

General transfer authority (sec. 1001)

The House bill contained a provision (sec. 1001) that 

would allow the Secretary of Defense to transfer up to $5.0 

billion of fiscal year 2016 funds authorized in division A of 

this Act to unforeseen higher priority needs. 

The Senate bill contained a provision (sec. 1001) that 

would allow the Secretary of Defense to transfer up to $4.5 

billion of fiscal year 2016 funds authorized in division A of 

this Act to unforeseen higher priority needs.

The House recedes. 

Accounting standards to value certain property, plant, and 

equipment items (sec. 1002)

The House bill contained a provision (sec. 1003) that 

would require the Secretary of Defense to coordinate with the 
162

Federal Accounting Standards Advisory Board to establish 

accounting standards for large and unordinary general property, 

plant, and equipment items.

The Senate amendment contained no similar provision. 

The conference agreement includes this provision.

Report on auditable financial statements (sec. 1003)

The House bill contained a provision (sec. 1004) that 

would require the Department of Defense to develop a report 

ranking organizations according to their advancement in the 

achievement of auditable financial statements.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would modify the 

reporting requirement.

The conferees note that 2015 marks 10 years implementing 

audit and financial management improvement efforts under the 

Department’s Financial Improvement and Audit Readiness (FIAR) 

plan. The conferees are concerned that recent setbacks could 

affect the long term goals of the Department. For fiscal year 

2014, the Department significantly scaled back its effort to 

audit the one-year Statement of Budgetary Activity (SBA) instead 

of the multi-year Statement of Budgetary Resources (SBR) 

required by the 2014 statutory deadline. In 2015, the 

Department withdrew its clean opinion on the Marine Corps’ 

fiscal year 2012 SBA. Despite substantial and unquantified 

resources being invested in IT systems, personnel, training, and 

consulting services over the last decade, progress remains 

limited. 

The Department’s 2017 deadline to declare audit readiness 

for its full complement of financial statements is fast 

approaching. Well-known and well-documented material weaknesses 

that are supposed to be addressed under the FIAR plan remain in 

place. The conferees look forward to continued discussions with 

the Department on how these weaknesses will be resolved in time 

for the full audit of the Department’s fiscal year 2018 

financial statements. 

Further, the conferees believe that the Department should 

better understand best practices of private and public sector 

organizations who have obtained and maintained clean audits, 

including many who are large, multinational corporations, deal 

with emergency operations, and work with classified materials 

and activities. The conferees expect that the implementation of 

some of these practices, especially the use of organizational 

incentives to drive change, development of milestones to measure 

progress towards auditability, and more strategic and rigorous 

business process re-engineering and IT modernization, will 
163

support DOD’s efforts to obtain clean audits in a more effective 

and efficient manner.

Sense of Senate on sequestration (sec. 1004)

The Senate bill contained a provision (sec. 1004) that 

stated sequestration is an inadequate budgeting tool to address 

the nation’s deficits and debt and that relief must be 

accomplished for fiscal year 2016 and 2017. Furthermore relief 

should include equal defense and non-defense relief and be 

offset through changes in mandatory and discretionary 

categories, and revenues. 

The House bill contained no similar provision.

The House recedes with an amendment that states budget 

caps imposed by the Budget Control Act of 2011 must be modified 

or eliminated through a bipartisan legislative agreement. 

Annual audit of financial statements of Department of Defense 

components by independent external auditors (sec. 1005)

The Senate amendment contained a provision (sec. 1002) 

that would require the Department of Defense Inspector General 

to fulfill its statutory audit responsibilities to perform 

financial statement audits for the military departments and 

other designated components of the Department by contracting 

with independent external auditors.

The House bill contained no similar provision. 

The House recedes with an amendment that would clarify the 

selection and reporting requirements.

SUBTITLE B—COUNTER-DRUG ACTIVITIES

Extension of authority to support unified counterdrug and 

counterterrorism campaign in Colombia (sec. 1011)

The Senate amendment contained a provision (sec. 1011) 

that would extend for 2 fiscal years the authority of the 

Secretary of Defense to provide assistance to support the 

unified counterdrug and counterterrorism campaign of the 

Government of Colombia (Section 1021 of the National Defense 

Authorization Act for Fiscal Year 2005 (Public Law 108–375), as 

most recently amended by section 1011 of the National Defense 

Authorization Act for Fiscal Year 2015 (Public Law 113–291).

The House bill contained no similar provisions.

The House recedes.
164

Extension and expansion of authority to provide additional 

support for counter-drug activities of certain foreign 

governments (sec. 1012)

The House bill contained a provision (sec. 1011) that 

would extend, by 1 year, the authority to provide support for 

counterdrug activities of certain foreign governments originally 

authorized by subsection (a)(2) of section 1033 of the National 

Defense Authorization Act for Fiscal Year 1998 (Public Law 105–

85), and most recently amended by section 1013 of the National 

Defense Authorization Act for Fiscal Year 201 (Public Law 113–

291).

The Senate amendment contained a provision (sec. 1012) 

that would amend section 1033 of the National Defense 

Authorization Act for Fiscal Year 1998 (Public Law 105–85), as 

most recently amended by section 1013 of the Carl Levin and 

Howard P. “Buck” McKeon National Defense Authorization Act for 

Fiscal Year 2015 (Public Law 113– 291). Specifically, the 

provision would extend the Department of Defense’s (DOD) 

authority to provide additional support for counterdrug 

activities of certain foreign governments through fiscal year 

2017, as well as add Kenya, Tanzania, and Somalia as countries 

eligible to receive assistance under this authority.

The House recedes with an amendment that would add the 

Governments of Kenya and Tanzania to the list of governments 

eligible to receive support under this authority as well as 

require the Secretary of Defense to submit a report to 

congressional defense committees on the Department’s planned use 

of this authority in the future. 

The conferees believe that the growing nexus between 

terrorism and transnational organized crime in East Africa 

warrants increased attention by the Department of Defense. 

Therefore, the conferees direct the Secretary of Defense to 

develop and submit not later than December 31, 2015 a plan for 

building the capacity of the Government of Somalia to combat the 

threat posed by illicit trafficking. 

Sense of the Congress on Central America (sec. 1013)

 The House bill contained a provision (sec. 1012) that would 

express a series of findings and a statement of policy on a Plan 

Central America to address violence, instability, illicit 

trafficking, and transnational organized crime in the region.

 The Senate amendment contained no similar provision.

 The Senate recedes with an amendment that would express the 

Sense of Congress that the United States should, to the extent 
165

practicable, prioritize efforts to address the challenges to 

regional security in Central America.

SUBTITLE C—NAVAL VESSELS AND SHIPYARDS

Additional information supporting long-range plans for 

construction of naval vessels (sec. 1021)

The Senate amendment contained a provision (sec. 1024) 

that would require the Secretary of the Defense to provide 

additional information in the annual naval vessel construction 

plan required by section 231 of title 10, United States Code.

The House bill contained no similar provision.

The House recedes.

National Sea-Based Deterrence Fund (sec. 1022)

The House bill contained a provision (sec. 1051) that 

would amend section 1022 of the Carl Levin and Howard P. “Buck” 

McKeon National Defense Authorization Act for Fiscal Year 2015 

(Public Law 113–291) by expanding the transfer authority 

provided to the National Sea-Based Deterrence Fund from the 

Department of the Navy to the Department of Defense; providing 

authority to enter into economic order quantity contracts for 

ballistic missile submarines and other nuclear powered vessels; 

and providing incremental funding and facilities funding 

authority. This section further requires the Secretary of the 

Navy to submit a report on the Fund to the congressional defense 

committees by March 1, 2016, and annually through the year 2025.

The Senate amendment contained a provision that would 

expand the transfer authority provided to the National Sea-Based 

Deterrence Fund from the Department of the Navy to the 

Department of Defense (sec. 1022).

The Senate recedes with an amendment that would expand the 

Fund to include the authorization of incremental funding 

authority, economic order quantity contract authority, advance 

construction authority, and transfer authority from any 

Department of Defense appropriation. In addition, the Senate 

amendment would add the authorization to transfer unobligated 

fiscal year 2017 funds into the Fund. 

Because the Ohio-class replacement program is scheduled to 

carry 70 percent of our nation’s strategic weapons and the 

fiscal investments will make this program one of the largest 

acquisition efforts in the Department of Defense, the conferees 

believe that the Secretary should have the authority to 

implement streamlined financial management and acquisition 

strategies for the program, including appropriate use of 
166

incremental funding and economic order quantity authority. The 

conferees believe that the National Sea-Based Deterrence Fund 

could provide the Secretary with that flexibility, while 

ensuring that Congress has the correct visibility into the 

program. To that end, the conferees expect that a budget 

request for the Fund would be accompanied by information 

sufficient for Congress to exercise adequate oversight of the 

Fund and urge the Secretary of Defense to develop a fiscal 

strategy that supports this strategic investment.

To better assess the most efficient method of procuring 

the Ohio-class replacement program and providing the oversight 

necessary for this unique investment, the conferees direct the 

Secretary of Defense to submit a report to the congressional 

defense committees with the fiscal year 2017 budget request that 

includes the following elements: 

(1) The acquisition strategy to build Ohio-class 

replacement submarines that will leverage the enhanced 

procurement authorities provided in the Fund, including 

allocation, facility, and vendor base considerations;

(2) An identification of any additional authorities 

the Secretary may need to make management of the Ohio-class 

replacement more efficient; 

(3) An assessment of the acquisition strategy 

developed in paragraph (1) with a conventional acquisition 

strategy to include a cost assessment and overall impacts to the 

submarine industrial base;

(4) A description of how funds would be requested in 

and obligated from the National Sea-Based Deterrence Fund, 

including what, if any, connection the Fund will have with other 

appropriations accounts (e.g., Shipbuilding and Conversion, 

Navy);

(5) An explanation of how financial management 

accountability and transparency would be maintained related to 

funds moving in to and out of the National Sea-Based Deterrence 

Fund; and

(6) Ohio-class replacement construction elements 

that have been included in Research, Development, Testing and 

Evaluation, Navy budget request, including nuclear components 

and common missile compartment construction efforts, listed by 

program element title and number with requested funding.

The conferees look forward to reviewing the Secretary’s 

report, including options to better support an efficient 

acquisition strategy that could include coordinating with the 

Virginia-class submarine program, which will continue during the 

Ohio-class replacement submarine construction period. According 

to the Navy, it is likely that these programs will share some 

common components. The Navy may be able to coordinate component 
167

procurement across both submarine programs to achieve better 

efficiency and cost savings. Such coordination might be managed 

within the normal appropriations accounts, or could be 

facilitated by providing additional flexibility within the Fund. 

Extension of authority for reimbursement of expenses for certain 

Navy mess operations afloat (sec. 1023)

The House bill contained a provision (sec. 1022) that 

would extend the authority for reimbursement of expenses for 

certain Navy mess operations afloat authorized in section 1014 

of the Duncan Hunter National Defense Authorization Act for 

Fiscal Year 2009 (Public Law 110–417), as amended by section 

1021 of the Ike Skelton National Defense Authorization Act for 

Fiscal Year 2011 (Public Law 111-383), from September 30, 2015 

to September 30, 2020, and certain technical and clarifying 

amendments.

The Senate amendment contained a similar provision (sec. 

1023).

The Senate recedes.

Availability of funds for retirement or inactivation of 

Ticonderoga class cruisers or dock landing ships (sec. 1024)

The House bill contained a provision (sec. 1023) that 

would limit the obligation and expenditure of funds authorized 

to be appropriated or otherwise made available for fiscal year 

2016 for the retirement, inactivation, or storage of 

Ticonderoga-class cruisers and Whidbey Island-class amphibious 

ships. The provision would also require the modernization of 

two Ticonderoga-class cruisers to begin in fiscal year 2016 only 

after sufficient materials are available to begin the 

modernization period. Finally, the modernization period would be 

limited to 2 years with the ability of the Secretary of the Navy 

to extend the period for another 6 months.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would only 

prohibit the retirement, preparation for retirement, 

inactivation, or placement in storage of any Ticonderoga-class 

cruisers or Whidbey Island-class amphibious ships, except to 

allow the modernization and upgrades for those ships to continue 

in accordance with the plan required by section 1026 of the Carl 

Levin and Howard P. “Buck” McKeon National Defense Authorization 

Act for Fiscal Year 2015 (Public Law 113-291).

The Navy is inducting two cruisers into modernization 

status in fiscal year 2015 and plans to induct two additional 

cruisers into this status in fiscal year 2016. However, the 
168

conferees understand the Navy has not programmed the manpower 

and operations funding for the remaining seven cruisers in the 

future years defense program (FYDP) beyond fiscal year 2016. 

The conferees also understand that the FYDP does not support the 

long-term plan for modernization of these cruisers and dock 

landing ships beyond fiscal year 2018. 

This is at odds with statements by Secretary of the Navy 

Ray Mabus that he is “100-percent” committed to ensuring the 

ships are modernized and returned back to sea and similar 

statements by other administration officials. 

The lack of fiscal support in the fiscal year 2016 FYDP 

and previous requests for the early retirement of some of these 

cruisers has led the conferees to question the administration’s 

resolve to retain all of these cruisers through the end of their 

service lives. In order to demonstrate the administration’s 

commitment to the plan, it is incumbent on the administration to 

close this gap in force structure statements and fiscal 

decisions. Continued conferee acceptance of the Navy’s plan 

will be predicated on the administration’s decision to fully 

program across the FYDP for manpower, readiness, and 

modernization for all cruisers and dock landing ships. 

Limitation on the use of funds for removal of ballistic missile 

defense capabilities from Ticonderoga class cruisers (sec. 1025)

The House bill contained a provision (sec. 1024) that 

would prohibit the removal of ballistic missile capabilities 

from any of the Ticonderoga-class cruisers until the Secretary 

of the Navy certifies to the congressional defense committees 

that the Navy has obtained the ballistic missile capabilities 

required by the most recent Navy Force Structure Assessment or 

determined to upgrade such cruisers with an equal or improved 

ballistic missile defense capability. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that adds the 

following third option to the Secretary of the Navy's 

certification - obtaining at least 40 large surface combatants 

with ballistic missile defense capability.

Independent assessment of United States Combat Logistic Force 

requirements (sec. 1026)

The House bill contained a provision (sec. 143) that would 

require the Secretary of Defense to enter into an agreement with 

a federally funded research and development center to conduct an 

assessment of the anticipated future demands of the combat 

logistics force ships of the Navy and the challenges these ships 
169

may face when conducting and supporting future naval operations 

in contested maritime environments. This section would also 

require the Secretary of Defense to submit the assessment to the 

congressional defense committees by April 1, 2016.

The Senate amendment contained no similar provision.

The Senate recedes.

SUBTITLE D—COUNTERTERRORISM

Prohibition on use of funds for transfer or release of 

individuals detained at United States Naval Station, Guantanamo 

Bay, Cuba (sec. 1031)

The House bill contained a provision (sec. 1036) that 

would prohibit the use of funds provided to any department or 

agency of the United States Government for the transfer or 

release of individuals detained at United States Naval Station, 

Guantanamo Bay, Cuba to or within the United States for two 

years after enactment of the Act. 

The Senate amendment contained a similar provision (sec. 

1032) that would prohibit the use of funds provided to the 

Department of Defense for the transfer or release of individuals 

detained at United States Naval Station, Guantanamo Bay, Cuba to 

or within the United States. This provision would allow 

transfers to the United States for trial or continued detention 

pursuant to the Authorization for the Use of Military Force 

(Public Law 107-40) after the Secretary of Defense submits to 

the appropriate committees a plan for the disposition of all 

detainees held at Guantanamo, and the Congress approves of the 

plan through a joint resolution of Congress.

The Senate recedes with an amendment that the prohibition 

would apply to the Department of Defense and would expire on 

December 31, 2016.

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. 1032)

The House bill contained a provision (sec. 1037) that 

would prohibit the use of funds provided to any department or 

agency of the United States Government to construct or modify 

the facilities in the United States to house individuals 

detained at the United States Naval Station, Guantanamo Bay, 

Cuba, for two years after enactment of the Act. 

The Senate amendment contained a similar provision (sec. 

1032) that would expire after the Secretary of Defense submits 

to the appropriate committees a plan for the disposition of all 
170

detainees held at Guantanamo, and the Congress approves of the 

plan through a joint resolution of Congress as provided by 

another section in this title.

The Senate recedes with an amendment that the prohibition 

would apply to the Department of Defense and would expire on 

December 31, 2016. 

Prohibition on use of funds for transfer or release to certain 

countries of individuals detained at United States Naval 

Station, Guantanamo Bay, Cuba (sec. 1033)

The House bill contained a provision (sec. 1042) that 

would prohibit the use of funds provided to any department or 

agency of the United States Government to transfer or release 

individuals detained at United States Naval Station, Guantanamo 

Bay, Cuba, to Yemen for a period of two years.

The Senate amendment contained a similar provision (sec. 

1035) that would prohibit the use of funds provided to the 

Department of Defense to transfer or release individuals 

detained at United States Naval Station, Guantanamo Bay, Cuba, 

to Yemen until December 31, 2016.

The House recedes with an amendment to terminate the 

prohibition on December 31, 2016 and clarify the list of 

countries to which a detainee from Guantanamo cannot be 

transferred.

Reenactment and modification of certain prior requirements for 

certifications relating to transfer of detainees at United 

States Naval Station, Guantanamo Bay, Cuba, to foreign countries 

and other foreign entities (sec. 1034)

The House bill contained a provision (sec. 1039) that 

would require the Secretary of Defense to certify that the 

transfer of any individual detained at United States Naval 

Station, Guantanamo Bay, Cuba, to a foreign country met certain 

requirements.

The Senate amendment contained a similar amendment (sec. 

1033) that would expire upon Congress passing a joint resolution 

approving of a plan submitted by the Secretary of Defense on the 

disposition of all GTMO detainees, as provided for in another 

section of this title.

The House recedes with an amendment clarifying the scope 

of the certification.

Comprehensive detention strategy (sec. 1035)
171

The Senate amendment contained a provision (sec. 1032) 

that would prohibit the use of funds provided to the Department 

of Defense for the transfer or release of individuals detained 

at United States Naval Station, Guantanamo Bay, Cuba to or 

within the United States. This provision would allow transfers 

to the United States for trial or continued detention pursuant 

to the Authorization for the Use of Military Force (Public Law 

107-40) after the Secretary of Defense submits to the 

appropriate committees a plan for the disposition of all 

detainees held at Guantanamo, and Congress passes a joint 

resolution approving that plan. 

The House bill contained no similar provision.

The House recedes with an amendment that would require a 

comprehensive detention strategy to be provided to the 

congressional defense committees setting forth the details of 

such a detention strategy for current and future individuals 

captured and held pursuant to the Authorization for Use of 

Military Force pending the end of hostilities. The conferees 

expect that discussion to include an explanation of the 

Department's plan for the disposition of all detainees held at 

Guantanamo, on a case-by-case basis, and the costs associated 

with each element of that plan.

Prohibition on use of funds for realignment of forces or closure 

of United States Naval Station, Guantanamo Bay, Cuba (sec. 1036)

The House bill contained a provision (sec. 1060) that 

prohibited the use of funds made available to the Department of 

Defense up until December 31, 2016, to close or abandon the 

United States Naval Station, Guantanamo Bay, Cuba, relinquish 

control of Guantanamo Bay to Cuba, or modify the Treaty Between 

the United States and Cuba signed on May 29, 1934.

The Senate amendment contained no similar provision.

The Senate recedes with a clarifying amendment that would 

make technical modifications and incorporate a requirement for 

the Secretary of Defense to submit a report regarding the 

military value of United States Naval Station, Guantanamo Bay, 

Cuba.

Report on current detainees at United States Naval Station, 

Guantanamo Bay, Cuba, determined or assessed to be high risk or 

medium risk (sec. 1037)

The Senate amendment contained an amendment (sec. 1036) 

that would require the Secretary of Defense to provide a report 

to appropriate committees on the individuals detained at 

Guantanamo Bay previously assessed to be high or medium risk, 
172

whether the assessments on those individuals has changed, and 

the information supporting those assessments. 

The House bill contained no similar provision.

The House recedes with an amendment clarifying the scope 

of information requested in the report.

Reports to Congress on contact between terrorists and 

individuals formerly detained at United States Naval Station, 

Guantanamo Bay, Cuba (sec. 1038)

The House bill contained a provision (sec. 1034) that 

would include in the report required by Section 319(c) of the 

Supplemental Appropriations Act, 2009 (Public Law 111-32) a 

summary of all known contact between any individual formerly 

detained at Naval Station, Guantanamo Bay, Cuba, and any 

individual known or suspected to be associated with a foreign 

terrorist group, and a description of whether any of the contact 

described in the summary included any information or discussion 

about hostilities against the United States or its allies or 

partners. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment clarifying that the 

summary should include a description of any information or 

discussion about planning for or conducting hostilities against

the United States or its allies or partners, or information on 

the organizational, logistical, or resource needs or activities 

of any terrorist group. 

Inclusion in reports to Congress of information about recidivism 

of individuals formerly detained at United States Naval Station, 

Guantanamo Bay, Cuba (sec. 1039)

The House bill contained a provision (sec. 1035) that 

would include in the report required by Section 319(c) of the 

Supplemental Appropriations Act, 2009 (Public Law 111-32) 

information on each individual found to have reengaged in 

terrorism. Specifically, the provision would require 

information on the period of time between release of such 

individual from Guantanamo Bay, Cuba, and the date at which the 

individual was confirmed to have reengaged in terrorist 

activities.

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment clarifying that the 

report would include information on the dates of release and the 

dates of confirmation of reengagement for all such individuals. 
173

Report to Congress on terms of written agreements with foreign 

countries regarding transfer of detainees at United States Naval 

Station, Guantanamo Bay, Cuba (sec. 1040)

The Senate amendment contained a provision (sec. 1037) 

that would require the Secretary of Defense to provide to 

appropriate committees a report on any written agreement entered 

into between the United States and any foreign country regarding 

an individual detained at Guantanamo who was transferred to a 

foreign country.

The House bill contained no similar provision.

The House recedes with an amendment clarifying the 

information requested for the report. 

Report on use of United States Naval Station, Guantanamo Bay, 

Cuba, and other Department of Defense or Bureau of Prisons 

prisons or detention or disciplinary facilities in recruitment 

or other propaganda of terrorist organizations (sec. 1041)

The Senate amendment contained a provision (sec. 1038) 

that would require the Secretary of Defense to report to 

Congress on the propaganda and recruitment value for terrorist 

organizations of the United States Naval Station, Guantanamo 

Bay, Cuba, and any other Department of Defense or Bureau of 

Prisons prison or other detention or disciplinary facility.

The House bill contained no such provision.

The House recedes with an amendment requiring the 

Department of Defense to provide a one-time report to the 

appropriate committees that covers the entire period after 

September 11, 2001.

Permanent authority to provide rewards through Government 

personnel of allied forces and certain other modifications to 

Department of Defense program to provide rewards (sec. 1042)

The House bill contained a provision (sec. 1031) that 

would modify section 127b of title 10, United States Code, to 

make permanent the authority to make rewards to a person 

providing information or non-lethal assistance to U.S. 

Government personnel or government personnel of allied forces 

participating in a combined operation with U.S. Armed Forces 

conducted outside the United States against terrorism, or 

providing such information or assistance that is beneficial to 

force protection associated with such an operation.

The Senate amendment contained a similar provision (sec. 

1039) that would modify and extend section 127b of title 10, 

United States Code through December 31, 2016, as well as create 
174

a notification requirement for when the Secretary of Defense 

designates a country as a country in which an operation is 

occurring in connection with which rewards may be paid by this 

section.

The House recedes with an amendment that would make the 

authority permanent and incorporate the notification requirement 

from the Senate provision. 

Sunset on exception to congressional notification of sensitive 

military operations (sec. 1043)

The House bill contained a provision (sec. 1031) that 

would modify section 130f of title 10, United States Code, by 

striking the exception to the notification requirement for a 

sensitive military operation executed within the territory of 

the Islamic Republic of Afghanistan pursuant to the 

Authorization for Use of Military Force (Public Law 107–40). 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would repeal the 

exception for sensitive military operations conducted within the 

territory of the Islamic Republic of Afghanistan on December 31, 

2017. 

In the classified annex that accompanies this report, the 

conferees direct periodic reporting on Afghanistan to the 

congressional defense committees. 

Repeal of semiannual reports on obligation and expenditure of 

funds for the combating terrorism program (sec. 1044)

The House bill contained a provision (sec. 1033) that 

would modify reporting requirements for budget information 

related to program for combating terrorism as required by 

section 229 of title 10, United States Code. This section would 

specifically eliminate subsection (d) of section 229, regarding 

semiannual reports on obligations and expenditures.

The Senate amendment contained no similar provision.

The Senate recedes.

Limitation on interrogation techniques (sec. 1045)

The Senate amendment contained a provision (sec. 1040) 

that would limit interrogation techniques to those in the Army 

Field Manual for individuals in the custody or under the 

effective control of an officer, employee, or agent of the 

United States Government, or detained within a facility owned, 

operated, or controlled by a department or agency of the United 

States, in any armed conflict. 
175

The House bill contained no similar provision.

The House recedes with an amendment that would make the 

limitation on interrogation techniques inapplicable to law 

enforcement and requires an update to the Army Field Manual no 

sooner than three years after the date of enactment. The 

conferees recognize that law enforcement personnel may continue 

to use authorized non-coercive techniques of interrogation, and 

that Army Field Manual 2-22.3 is designed to reflect best 

practices for interrogation to elicit reliable statements.

SUBTITLE E—MISCELLANEOUS AUTHORITIES AND 

LIMITATIONS

Department of Defense excess property program (sec. 1051)

The House bill contained a provision (sec. 1052) that 

would make changes to excess defense article donations 

authorized under section 2576a of title 10, United States Code. 

Specifically, the provision would require the establishment of a 

public website containing information on certain transfers made 

under the program, establish specific criteria for State program 

managers to be met before the Defense Logistics Agency may 

transfer certain types of equipment, and mandate several reviews 

of program objectives and efficacy, to include training 

recommendations, by a federally funded research and development 

center, the Comptroller General of the United States, and the 

Department of Defense. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment to include additional 

requirements on transfer of controlled property, a study on 

controlled property transfers, the incidence of controlled 

property that is lost or unaccounted for, and procedures 

governing the return of controlled property to the Department of 

Defense.

Sale or donation of excess personal property for border security 

activities (sec. 1052)

The House bill contained a provision (sec. 1060b) that 

would amend Section 2576a of title 10, United States Code, to 

include border security activities as a specific category 

eligible for the transfer of excess personal property of the 

Department of Defense. 

The Senate amendment contained no similar provision.

The Senate recedes.
176

The conferees note that any controlled equipment, as 

designated in Department of Defense Instruction 4160.28, Volume 

2, or any succeeding instruction, transferred to the Department 

of Homeland Security through the “1033 program” as amended by 

this section remains the property of the Department of Defense, 

and this section does not authorize the Department of Homeland 

Security to transfer controlled DOD equipment to any non-federal 

entity. The conferees expect the Department of Defense and the 

Department of Homeland Security to use memoranda of agreement 

similar to those used for the transfer of equipment to law 

enforcement agencies to state the conditions of transfer and 

compliance, including that non-compliance requires the return of 

all equipment to DOD.

Management of military technicians (sec. 1053)

The Senate amendment contained a provision (sec. 1046) 

that would convert not less than 20 percent of the general 

administration, clerical, financial, and office service 

occupation positions identified in the report of the Secretary 

of Defense under section 519 of the Ike Skelton National Defense 

Authorization Act for Fiscal Year 2011 (Public Law 112-81; 125 

Stat. 1397) from military technician (dual status) positions to 

positions filled by individuals who are employed under section 

3103 of title 5, United States Code, by no later than January 1, 

2017. The provision also requires the phased-in termination of 

military technicians (non-dual status) to begin on January 1, 

2017.

The House bill contained no similar provision.

The House recedes with a technical amendment.

Limitation on transfer of certain AH-64 Apache helicopters from 

Army National Guard to regular Army and related personnel levels 

(sec. 1054)

The House bill contained a provision (sec. 1053) that 

would change section 1712 of the Carl Levin and Howard P. “Buck” 

McKeon National Defense Authorization Act for Fiscal Year 2015. 

The Senate amendment contained a similar provision. 

The Senate recedes. 

Authority to provide training and support to personnel of 

foreign ministries of defense (sec. 1055)

The Senate amendment contained a provision (1082) that 

would authorize the Secretary of Defense to provide training to 
177

personnel of foreign ministries of defense (or ministries with 

security force oversight), or regional organizations with 

security missions for the purpose of: (1) enhancing civilian 

oversight of foreign security forces; (2) establishing 

responsible defense governance and internal controls in order to 

help build effective, transparent, and accountable defense 

institutions; (3) assessing organizational weaknesses and 

establishing a roadmap for addressing shortfalls; and (4) 

enhancing ministerial, general or joint staff, service level 

core competencies such as personnel and readiness, acquisition 

and logistics, strategy and policy, and financial management.

The House bill contained no similar provision.

The House recedes with an amendment that would sunset the 

authority on December 31, 2017.

Information operations and engagement technology demonstrations 

(sec. 1056)

The House bill contained a provision (sec. 1055) that 

would authorize the Secretary of Defense to carry out a pilot 

program or multiple pilot programs related to information and 

strategic communications capabilities to support the geographic 

and functional combatant commanders.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would require 

the Secretary of Defense to carry out a series of technology 

demonstrations, subject to the availability of funds for such 

purpose or to a prior approval reprogramming, related to 

information operations and information engagement to support the 

geographic and functional combatant commanders, with associated 

notification requirements. 

Prohibition on the use of funds for the retirement of helicopter 

sea combat squadron 84 and 85 aircraft (sec. 1057)

The House bill contained a provision (sec. 1056) that 

would prohibited the obligation of appropriated funds to retire, 

prepare to retire, transfer or place in stowage any aircraft in 

Helicopter Sea Squadrons 84 and 85 until the Secretary of the 

Navy certifies to Congress that the Navy has conducted a costbenefit analysis, identified a replacement capability and 

deployed the capability.

The Senate amendment contained no similar provision.

The Senate recedes with a clarifying amendment.

The conferees expect the directed cost-benefit analysis to 

include any cost-sharing arrangements between the combatant 

commanders, including U.S. Special Operations Command, and the 
178

Navy, as well as a long term plan for recapitalization of the 

deployed capability.

Limitation on availability of funds for destruction of certain 

landmines (sec. 1058)

The House bill contained a provision (sec. 1057) that 

limits the Department of Defense’s ability to destroy any antipersonnel landmines (APL) until the Secretary of Defense 

provides a comprehensive study on the tactical and operational 

impacts of a ban on APL, a strategy for replacing current APL 

systems that are compliant with current DOD policy, and a 

certification that alternative systems will not endanger members 

of the Armed Forces. The provision provides an exception for 

landmines certified as unsafe by the Secretary.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would remove the 

required certification and would link the limitation on the 

obligation or expenditure of funds for the destruction of antipersonnel landmine munitions, with the exception included in the 

House provision, to the delivery of a new report to be delivered 

to Congress within 180 days after the enactment of this Act. 

The conferees understand the Secretary of Defense is 

conducting an Analysis of Alternatives (AOA) on Area Denial 

Capability Development to include next generation anti-personnel 

landmines, and that the AOA is expected to be complete in the 

fourth quarter of fiscal year 2016. The conferees expect this 

AOA to inform the report required in this provision. The 

conferees further direct the Secretary of Defense to provide the 

AOA to the congressional defense committees on its completion.

Department of Defense authority to provide assistance to secure 

the southern land border of the United States (sec. 1059)

The Senate amendment contained a provision (sec. 1041) 

that would authorize the Secretary of Defense, with concurrence 

of the Secretary of Homeland Security, to provide assistance to 

U.S. Customs and Border Protection for the purpose of increasing 

the ongoing efforts to secure the southern land border of the 

United States.

The House bill contained no similar provision.

The House recedes with a clarifying amendment and 

additional reporting requirements.

SUBTITLE F—STUDIES AND REPORTS
179

Provision of defense planning guidance and contingency planning 

guidance information to Congress (sec. 1060)

The House bill contained a provision (sec. 1061) that 

would require the Secretary of Defense to provide to the 

congressional committees, not later than 120 days after the 

enactment of this Act, a report containing summaries of the 

defense planning guidance and contingency planning guidance 

developed in accordance with the requirements of such section, 

and to include those summaries in the annual budget documents 

submitted to Congress. Additionally, this section would provide 

a limitation on the obligation or expenditure of 25 percent of 

the funds authorized to be appropriated by this Act for 

Operation and Maintenance, Defense-wide, for the Office of the 

Secretary of Defense, until 15 days after the date on which the 

Secretary of Defense submits the first report required by this 

section.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would remove the 

funding limitation for the Office of the Secretary of Defense.

Expedited meetings of the National Commission on the Future of 

the Army (sec. 1061)

The House bill contained a provision (sec. 1069) that 

would amend section 1702(f) of the Carl Levin and Howard P. 

"Buck" McKeon National Defense Authorization Act of Fiscal Year 

2015 (Public Law 113-291: 128 Stat. 3665). The section would be 

amended by adding at the end the following new sentence: 

“Section 10 of Federal Advisory Committee Act (5 U.S.C. App. I) 

shall not apply to a meeting of the Commission unless the 

meeting is attended by 5 or more members of the Commission.”

The Senate amendment contained no similar provision.

The Senate recedes.

Modification of certain reports submitted by Comptroller General 

of the United States (sec. 1062)

The House bill contained a provision (sec. 1062) that 

would amend section 3255(a)(2) of the National Nuclear Security 

Administration Act (50 U.S.C. 2455), to provide the Comptroller 

General of the United States, in any odd-numbered year, 150 days 

to submit the report required by such section. This provision 

would also amend section 3134 of the National Defense 

Authorization Act for Fiscal Year 2010 (Public Law 111-84) to 

eliminate a requirement for the Comptroller General to conduct a 

final review of all projects carried out by the Department of 
180

Energy’s Office of Environmental Management using American 

Recovery and Reinvestment Act of 2009 Public Law 111-5) funds. 

The Senate amendment contained two similar provisions 

(sec. 3120 and 3121) that would extend the Government 

Accountability Office’s annual reporting deadline for reviewing 

the budget of the National Nuclear Security Administration 

weapons program from 90 days to 150 days in odd-numbered years 

when NNSA is required to submit a detailed Stockpile Stewardship 

Management Plan (SSMP). Additionally, section 3121 would repeal 

phase three of section 3134 of the National Defense 

Authorization Act for Fiscal Year 2010 (Public Law 111-84) 

related to defense environmental cleanup projects, as the 

Government Accountability Office has reported on all phases of 

this project.

The Senate recedes. The conferees emphasize that, to 

support the legislative calendar in odd-numbered years, the 

Comptroller General should still provide the congressional 

defense committees interim briefings on the SSMP.

Report on implementation of the geographically distributed force 

laydown in the area of responsibility of United States Pacific 

Command (sec. 1063)

The House bill contained a provision (sec. 1063) that 

would require the Secretary of Defense, in consultation with the 

Commander of U.S. Pacific Command (PACOM), to submit a report to 

congressional defense committees no later than March 1, 2016 on 

the Department of Defense’s plans for implementing the 

geographically distributed force laydown in the area of 

responsibility of U.S. Pacific Command.

The Senate amendment contained no similar provision.

The Senate recedes. 

Independent study of national security strategy formulation 

process (sec. 1064)

The House bill contained a provision (sec. 1064) that 

would require the Secretary of Defense to contract with an 

independent research entity to carry out a study of the 

Department of Defense role in, and process for, the formulation 

of national security strategy. This study would include several 

case studies on the role of the Department of Defense in the 

formulation of previous national security strategies and issues 

related to the formulation process throughout the history of the 

United States and a complete review and analysis of the current 
181

national security strategy formulation process as it relates to 

the Department of Defense.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would also 

require the report to include recommendations for the executive 

and legislative branches on the best practices for enabling the 

Department of Defense to formulate long-term strategy. The 

conferees believe the Secretary of Defense should continue to 

make every effort to recruit, cultivate, and further strategic 

thinking within the Department.

Report on the status of detection, identification, and 

disablement capabilities related to remotely piloted aircraft 

(sec. 1065)

The House bill contained a provision (sec. 1067) that 

would require the Secretary of Defense to submit, not later than 

60 days after the date of enactment of this Act, a report to the 

congressional defense committees addressing the suitability of 

existing capabilities to detect, identify, and disable remotely 

piloted aircraft operating within special use and restricted 

airspace.

The Senate amendment contained no similar provision.

The Senate recedes.

Report on options to accelerate the training of remotely piloted 

aircraft pilots (sec. 1066)

The House bill contained a provision (sec. 1067) that 

would require the Secretary of the Air Force to submit, not 

later than February 1, 2016, a report to the congressional 

defense committees addressing the immediate and critical 

training and operational needs of the remotely piloted aircraft 

community.

The Senate amendment contained no similar provision.

The Senate recedes.

Studies of fleet platform architectures for the Navy (sec. 1067)

The Senate amendment contained a provision (sec. 1021) 

that would direct the Secretary of Defense to commission three 

studies to be submitted to the congressional defense committees 

in unclassified, and to the extent necessary, in classified 

versions to recommend potential future fleet architectures. 

These studies would provide competing visions and alternatives 

for future fleet architectures. One study would be performed by 

the Department of the Navy, with input from the Naval Surface 
182

Warfare Center Dahlgren Division. The second study would be 

performed by a federally funded research and development center. 

The third study would be conducted by a qualified independent, 

non-governmental institute, as selected by the Secretary of 

Defense.

The House bill contained no similar provision.

The House recedes with an amendment that would modify the 

required submission date of the reports to April 1, 2016. 

The conferees note that the majority of the total 

ownership costs for Navy surface ships, almost 70 percent, is 

comprised of operating and support costs incurred over the life 

of a ship. Personnel costs are the largest contributor to 

operating and support costs incurred over a ship’s life cycle. 

As such, transitioning from the personnel- and workloadintensive ships of the past to optimally crewed ships with 

reduced workloads has potential to free up resources for the 

Navy to use in recapitalizing the fleet. However, previous 

studies have found that reduced and optimal manning initiatives 

were implemented without complete analysis and may have had 

detrimental effects on crew training and the material condition 

of some legacy class ships. In addition, reductions in crew size 

are frequently offset by increases in shore support and 

contractor personnel to address shipboard workload. 

The Navy’s newest surface ship classes, the Ford-class 

aircraft carrier, the Littoral Combat Ship and the Zumwaltclass destroyer, have been designed to leverage technology and 

optimal manning concepts to reduce the total crew sizes aboard 

these ships, but the impact of these efforts on reducing total 

ownership costs have not been fully demonstrated. Therefore, the 

conferees direct the Comptroller General of the United States to 

prepare a report to the congressional defense committees by July 

1, 2016 as to the following elements:

1. To what extent has the Navy implemented reduced 

manning initiatives in the surface fleet?

2. To what extent has the Navy identified total 

manpower requirements, including both shipboard and shore-based, 

to support optimally manned ships over their life cycle?

3. To what extent have manning reductions on Navy 

surface ships resulted in reductions to total ownership costs 

and to what extent has the Navy realized its projected manpower 

reductions and cost savings?

4. How have reduced manning initiatives impacted 

the Navy’s plans to operate and support ship classes in the 

areas of personnel, training, and maintenance (e.g., training 

qualification times, contractor support for shipboard 

maintenance, shipboard system casualties)?
183

5. To what extent does the Navy rely on 

technological innovations and design features to enable manning 

reductions in new ship construction, and to what extent have 

these reductions been realized after the ships have entered 

service?

Report on strategy to protect United States national security 

interests in the Arctic region (sec. 1068)

The Senate amendment contained a provision (sec. 1043) 

that would direct the Secretary of Defense to submit not later 

than 1 year after the date of enactment of this Act a report 

that sets forth an updated military strategy for the protection 

of United States national security interests in the Arctic 

region.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

Comptroller General briefing and report on major medical 

facility projects of Department of Veterans Affairs (sec. 1069)

The Senate amendment contained a provision (sec. 1085) 

that would require the Comptroller General of the United States 

to provide a briefing 270 days after the enactment of this Act 

and a report not later than 1 year after the date of enactment 

of this Act on the administration and oversight Department of 

Veterans Affairs of contracts for the design and construction of 

major medical facility projects, as defined in section 

8104(a(3)(A) of title 38, United States Code.

The House bill contained no similar provision.

The House recedes. 

Submittal to Congress of munitions assessments (sec. 1070)

The Senate amendment contained a provision (sec. 1063) 

that would require the Secretary of Defense to provide the 

Committees on Armed Services of the Senate and House of 

Representatives not later than March 1, 2016, and each year 

thereafter, the most current Department of Defense Munitions and 

Munitions Sufficiency Assessments, as defined in Department of 

Defense Instruction 3000.04. The provision would also require 

the Department of Defense to provide the committees the most 

recently approved Joint Requirements Oversight Council memo 

resulting from the annual Munitions Requirements Process. 

The House bill contained no similar provision.
184

The House recedes with an amendment that would sunset the 

requirement to submit reports and assessments in the provision 2 

years after the date of the enactment of this Act.

Potential role for United States ground forces in the Pacific 

theater (sec. 1071)

The Senate amendment contained a provision (sec. 1064) 

that would require the Secretary of Defense and Chairman of the 

Joint Chiefs of Staff to conduct a comprehensive operational 

assessment of a potential future role for U.S. ground forces in 

the island chains of the western Pacific in creating antiaccess/area denial (A2/AD) capabilities in cooperation with host 

nations to deter and defeat aggression in the region.

The House bill contained no similar provision.

The House recedes with amendments. 

The conferees direct the Secretary and the Chairman to 

conduct the assessment required by subsection (a) using 

operations research methods and wargaming, in addition to 

historical analysis of the use of ground forces by the United 

States and Japan in the Pacific theater during World War II, 

technical analysis, analysis of force structure impacts, and any 

other analysis they deem appropriate. Further, in making this 

assessment, the Secretary should consider the potential 

geopolitical impact on the United States posture in the Pacific 

theater associated with a strategy of long-term engagement by 

United States ground forces. 

The conferees also direct the Secretary and the Chairman 

to confer with U.S. Pacific Command; the Joint Requirements and 

Analysis Division and the wargaming resources of the Warfighting 

Analysis Division of the Force Structure, Resources, and 

Assessment Directorate of the Joint Staff, augmented as 

necessary and appropriate from the war colleges of the military 

departments; the Office of Net Assessment; any appropriate 

federally funded research and development centers (FFRDCs); and 

any other organizations or divisions as they deem appropriate.

Additionally, the conferees note that the term “ground 

forces” in this section is inclusive of all U.S. military 

services, including both the U.S. Army and U.S. Marine Corps.

Repeal or revision of reporting requirements related to military 

personnel issues (sec. 1072)

The House bill contained a provision (sec. 1071) that 

would repeal or revise certain reporting requirements related to 

military personnel authorities. 

The Senate amendment contained no similar provision.
185

The Senate recedes with an amendment that would restore 

several report requirements.

Repeal or revision of reporting requirements relating to 

readiness (sec. 1073)

The House bill contained a provision (sec. 1072) that 

would repeal or revise Department of Defense reporting 

requirements relating to readiness.

The Senate amendment contained no similar provision.

The Senate recedes with a technical amendment.

Repeal or revision of reporting requirements related to naval 

vessels and Merchant Marine (sec. 1074)

The House bill contained a provision (sec. 1073) that 

would repeal or revise certain reporting requirements that are 

overly burdensome, duplicative, or outdated. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would remove the 

following language from the House provision: "(c) Amending 

section 126 of the National Defense Authorization Act for Fiscal 

Year 2013 (Public Law 112–239) to delete a requirement for a 

quarterly report on Mission Modules of the Littoral Combat 

Ship;"; "(d) Deleting section 124 of the National Defense 

Authorization Act for Fiscal Year 2008 (Public Law 110–181) that 

required an assessment prior to the start of construction on the 

first ship of a shipbuilding program;" and "(e) Amending section 

122 of the John Warner National Defense Authorization Act for 

Fiscal Year 2007 (Public Law 109–364) to delete a quarterly 

reporting requirement associated with the Ford-class carrier;". 

Repeal or revision of reporting requirements related to civilian 

personnel (sec. 1075)

The House bill contained a provision (sec. 1077) that 

would repeal or revise certain reporting requirements to 

include:

(a) Amending section 1110(i) of the National Defense 

Authorization Act for Fiscal Year 2010 (Public Law 111-84), by 

striking a report on the pilot program for the temporary 

exchange of information technology personnel.

(b) Amending section 1001(g)) of the Strom Thurmond 

National Defense Authorization Act for Fiscal Year 1999 (Public 

Law 105-261) by striking the annual report on extension and 

modification of experimental personnel management program for 

scientific and technical personnel. 
186

The Senate amendment contained no similar provision.

The Senate recedes.

Repeal or revision of reporting requirements related to nuclear, 

proliferation, and related matters (sec. 1076)

The House bill contained a provision (sec. 1074) that 

would amend certain reporting requirements related to nuclear, 

proliferation, and related matters. This provision would remove 

an annual report by the Chairman of the Nuclear Weapons Council; 

remove a biannual reporting requirement on the Proliferation of 

Security Initiative; remove briefings on dialogue between the 

United States and the Russian Federation on nuclear arms; and 

remove a reporting requirement regarding annual updates to an 

implementation plan for the whole-of-government vision 

prescribed in the National Security Strategy. 

The Senate amendment contained no similar provision. 

The Senate recedes with a technical amendment. 

Repeal or revision of reporting requirements related to 

acquisition (sec. 1077)

The House bill contained a provision (sec. 1076) that 

would repeal or revise certain reporting requirements related to 

acquisition that are overly burdensome on the Department of 

Defense, duplicative, or outdated. 

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would retain the 

section 8305 of title 41, United States Code, report on 

purchases from foreign entities. 

Repeal or revision of miscellaneous reporting requirements (sec. 

1078)

 The House bill contained a provision (sec. 1078) that would 

repeal or revise certain miscellaneous reporting requirements 

for the Department of Defense. 

 The Senate amendment contained no similar provision. 

 The Senate recedes with an amendment that would retain the 

following reports repealed in the House provision: report on 

regional defense counterterrorism fellowship program, report on 

airlift requirements, and report on airborne signals 

intelligence, surveillance, and reconnaissance capabilities. 

Repeal of reporting requirements (sec. 1079)
187

The Senate amendment contained a provision (sec. 1061) 

that would repeal a number of reporting requirements for the 

Department of Defense that have been included in law in past 

years. 

The House bill contained a similar provision. 

The House recedes with an amendment that would strike a 

number of reports repeals from the Senate amendment.

Termination of requirement for submittal to Congress of reports 

required of the Department of Defense by statute (sec. 1080)

The Senate amendment contained a provision (sec. 1062) 

that would, 2 years after the date of enactment of the Act, 

repeal requirements for recurring reports due to Congress. This 

would include only report requirements in effect on April 1, 

2015. 

The House bill contained no similar provision. 

The House recedes with an amendment that would limit the 

repeal of reports to those reports enacted by a National Defense 

Authorization Act. The amendment also requires the Department of 

Defense to provide the congressional defense committees a list 

of all reports still required, the citation for each report, and 

a draft legislative provision for the repeal of such reports. 

The conferees note the importance and value of reports

from the Department of Defense as a key enabler of effective 

oversight. However, the conferees also note the burden 

excessive reporting places on the Department and the conferees 

are eager to strike a balance in the coming years. 

SUBTITLE G—OTHER MATTERS

Technical and clerical amendments (sec. 1081)

The House bill contained a provision (sec. 1081) that 

would make technical and clerical corrections to title 10, 

United States Code, and various National Defense Authorization 

Acts.

The Senate amendment contained a similar provision (sec. 

1081).

The Senate recedes with an amendment making additional 

technical and clerical amendments.

Situations involving bombings of places of public use, 

Government facilities, public transportation systems, and 

infrastructure facilities (sec. 1082)
188

The House bill contained a provision (sec. 1093) that 

would amend chapter 18 of title 10, United States Code, to 

authorize the Secretary of Defense, upon the request of the 

Attorney General, to provide assistance in Department of Justice 

activities related to the enforcement of section 2332f of title 

18, United States Code, during situations involving bombings of 

places of public use, Government facilities, public 

transportation systems, and infrastructure facilities.

The Senate amendment contained no similar provision.

The Senate recedes with a clarifying amendment.

Executive agent for the oversight and management of alternative 

compensatory control measures (sec. 1083)

The House bill contained a provision (sec. 1082) that 

would direct the Secretary of Defense to establish an executive 

agent for the oversight and management of alternative 

compensatory control measures. This section would also require 

the Secretary of Defense to submit a report to the congressional 

defense committees not later than 30 days after the close of 

each of the fiscal years 2016 through 2020, on the oversight and 

management of alternative compensatory control measures.

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would add a 

requirement that the report required include a brief description 

of each alternative compensatory control measures program and 

the number of individuals with access to such program.

Navy support of Ocean Research Advisory Panel (sec. 1084)

The House bill contained a provision (sec. 1083) that 

would repeal the requirement for the Department of the Navy to 

fund the Ocean Research Advisory Panel.

The Senate amendment contained an identical provision 

(sec. 903). 

The conference agreement includes this provision. 

The conferees are aware that the Ocean Research Advisory 

Panel plays an important role in setting the civilian agenda for 

ocean research. The conferees encourage the Navy and the 

Executive Office of the President to engage in discussions with 

appropriate federal science and technology agencies to ensure 

the transfer of funding and responsibilities do not impair the 

Panel's activities.

Level of readiness of Civil Reserve Air Fleet carriers (sec. 

1085)
189

The House bill contained a provision (sec. 1084) that 

would amend Chapter 931 of title 10, United States Code, by 

creating a new subsection addressing the readiness of the Civil 

Reserve Air Fleet (CRAF). Specifically, this new section would 

codify the importance of the CRAF and the need to provide 

appropriate levels of commercial airlift augmentation to 

maintain networks and infrastructure, exercise the system, and 

interface effectively within the military airlift system. This 

section also would require the Secretary of Defense to provide, 

concurrent with the submission of the President's request, an 

assessment of the number of block hours necessary to achieve 

sufficient levels of commercial airlift augmentation, a 

strategic plan for achieving necessary levels of commercial 

airlift augmentation, and an explanation of any difference from 

the previous fiscal year's assessment. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would sunset the 

report requirement provision in 2 years.

Reform and improvement of personnel security, insider threat 

detection and prevention, and physical security (sec. 1086)

The Senate amendment contained a provision (sec. 1090) 

that would mandate the implementation of reforms in the 

personnel security clearance process, insider threat detection 

and prevention, and physical security in the Department of 

Defense (DOD) and elsewhere in the Federal Government.

The House bill contained no similar provision.

The House recedes with technical and clarifying 

amendments.

The provision would:

(1) Require the Secretary of Defense to develop a 

plan to implement Continuous Evaluation (“CE”) for Department of 

Defense employees to reduce critical gaps in background 

investigations; to develop and implement an Insider Threat 

strategy detailing the Department’s plan to provide a 

centralized capability that can quickly analyze the results of 

automated records checks and reports of behavior of concern and 

recommend action as appropriate; to centralize the programmatic 

authority of such activities under one official (the Under 

Secretary of Defense for Intelligence); to provide resources for 

the expedited deployment of identity management systems for 

access to DOD facilities which was a critical gap identified in 

the aftermath of the Fort Hood and Washington Navy Yard 

shootings; and to centralize control of requests for security 

clearances from the Office of Personnel Management (OPM) to 

achieve efficiencies, as well as other key recommendations 
190

resulting from the study by the Director of Cost Analysis and 

Program Evaluation mandated by section 907 of the National 

Defense Authorization Act for Fiscal Year 2014.

(2) Require the Secretary of Defense to develop 

standards for physical and logical access to secured facilities 

and information systems, and requires the Secretary, in 

coordination with the Office of Management and Budget (OMB), the 

Chair of the Performance Accountability Council (PAC), and the 

Administrator of the Government Services Administration, to 

develop a capability to share and apply electronic identity 

information across the government.

(3) Require OMB to formalize the Security, 

Suitability and Credentialing Line of Business to ensure 

adequate oversight and efficient investments are made across the 

enterprise.

(4) Require the PAC Chair to develop a plan to 

ensure reciprocity management systems function effectively and 

securely. The intent is also for agencies to formulate a plan 

to address how an automated and continuous background check for 

national security personnel will travel with that individual as 

long as they hold a clearance, regardless of changes in employer 

and program or contract support.

(5) Require the PAC Chair, along with the Security 

and Suitability Executive Agents and the Secretary of Defense, 

to jointly develop a plan to ensure implementation of uniform 

self-reporting requirements for all personnel who hold a 

clearance, including contractors. The provision mandates that 

reported information be shared with those who have a need to 

know, to ensure that individuals with derogatory information are 

not allowed to move around the government without the negative 

information being known.

The second part of the provision would:

(1) Clarify and update the agencies covered under 

section 9101. This section has not been updated since 2000 –

before the creation of the Department of Homeland Security and 

the Office of the Director of National Intelligence. This 

revision also includes agencies that are delegated authority by 

the Security and Suitability Executive Agents and expands the 

“covered agency” definition to explicitly include contractor 

background investigators working on behalf of covered agencies.

(2) Clarify and update the applicable purposes of 

investigation to expressly include basic suitability or fitness 

assessments, credentialing under Homeland Security Presidential 

Directive 12, Transportation Security Administration Security 

Threat Assessment Programs, and Federal Aviation Administration 

checks required by Federal Statute.
191

(3) Permit investigative agencies to conduct both 

biometric (fingerprint) and biographic checks for criminal 

history records information, as appropriate. The investigative 

agencies are to determine what is appropriate. Nothing under 

this section prohibits the Federal Bureau of Investigation from 

requiring a request for criminal history record information.

(4) Amend section 9101 to indicate that when more 

than one automated system can provide the same information, the 

most cost-effective system to the Federal Government shall be 

used.

(5) Require that the Department of State, Bureau of 

Consular Affairs, American Citizen Services (ACS), release 

information about in individual’s interaction with law 

enforcement or intelligence organizations abroad if that 

individual has contacted ACS for assistance after they have been 

arrested or has been in contact with intelligence agencies of a 

foreign country while abroad.

(6) Require contractors who conduct background 

investigations on behalf of a covered agency to comply with 

necessary security requirements when accessing an automated 

information delivery system to request criminal history record 

information.

(7) Clarify Title 5 U.S.C. section 7512 to 

strengthen the Federal Government’s ability to take action 

against individuals who falsify background investigation 

information.

(8) Require an annual report from the PAC to 

describe and analyze the extent and effectiveness of federal, 

state, and local systems for sharing criminal history record 

information; analyze the extent and effectiveness of education 

programs regarding criminal history record information sharing; 

provide updates on the implementation of best practices for 

sharing criminal history record information, including ongoing 

limitations experienced by investigators; and provide 

descriptions of other limitations to investigators and State and 

local law enforcement agencies.

(9) Request a Government Accountability Office 

report summarizing the major characteristics of federal critical 

infrastructure protection access controls, as well as background 

check and credentialing standards for the protection of critical 

infrastructure and key resources. 

Transfer of surplus firearms to Corporation for the Promotion of 

Rifle Practice and Firearms Safety (sec. 1087)
192

The House bill contained a provision (sec. 1085) that 

would authorize the transfer of surplus firearms to the Civilian 

Marksmanship Program (CMP). 

The Senate amendment contained no similar provision. 

The Senate recedes with a clarifying amendment that 

establishes a pilot program limited to .45 caliber handguns and 

restricts the amount of handguns that can be transferred to the 

CMP to no more than 10,000 units annually. Additionally, it 

requires the CMP to provide a report to Congress after the 

conclusion of the pilot program, obtain a federal firearm 

license to conduct any and all handgun sales, and adhere to all 

local, state, and federal laws in respect to handgun sales.

Modification of requirements for transferring aircraft within 

the Air Force inventory (sec. 1088)

The House bill contained a provision (sec. 1086) that 

would amend section 345 of the Ike Skelton National Defense 

Authorization Act for Fiscal Year 2011 (Public Law 111–383) to 

ease administrative burdens and facilitate non-contentious 

transfers of aircraft from the Air Reserve Components to the 

regular component of the Air Force.

The Senate amendment contained a similar provision (sec. 

341).

The Senate recedes with an amendment specifying technical 

clarifications. 

Reestablishment of Commission to Assess the Threat to the United 

States from Electromagnetic Pulse Attack (sec. 1089)

The House bill contained a provision (sec. 1087) that 

would reinstate the Commission to Assess the Threat to the 

United States from Electromagnetic Pulse Attacks. This provision 

also provides updated guidance on the membership and duties of 

that commission. 

The Senate amendment contained no similar provision.

The Senate recedes with a clarifying amendment.

Mine countermeasures master plan (sec. 1090)

The House bill contained a provision (sec. 1089) that 

would require the Secretary of the Navy to submit a mine 

countermeasures master plan to the congressional defense 

committees along with the annual budget request of each fiscal 

year from 2018 through 2023. This provision would also require 

the Secretary of the Navy to submit a one-time report to the 

congressional defense committees within 1 year of enactment of 
193

this Act as to current and future mine countermeasure force 

structure based on current mine countermeasure capabilities, 

including an assessment as to whether certain decommissioned 

ships should be retained in reserve operating status.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would require, 

as part of the one-time report, an assessment of the Littoral 

Combat Ship (LCS) mine countermeasures mission package increment 

one performance against the initial operational test and 

evaluation criteria, as well as an assessment of other 

commercially available mine countermeasures systems that could 

supplement or supplant LCS mine countermeasures mission package 

systems.

Congressional notification and briefing requirement on ordered 

evacuations of United States embassies and consulates involving 

the use of United States Armed Forces (sec. 1091)

The House bill contained a provision (sec. 1090) that 

would express a sense of Congress on the importance of ensuring 

the safety and security of members of the Armed Forces of the 

United States overseas pending an ordered evacuation of a United 

States embassy or consulate and require the Secretary of Defense 

and the Secretary of State to notify and brief appropriate 

congressional committees as soon as practicable after the 

initiation of an ordered evacuation. 

The Senate amendment contained no similar provision.

The Senate recedes with a clarifying amendment. 

The conferees believe that it is critical to ensure the 

safety and security of all U.S. personnel stationed overseas, 

including members of the Department of Defense ordered to assist 

in an ordered evacuation of a U.S. embassy or consulate. The 

conferees expect the notification required by this provision 

should include, to the extent practicable: (1) an overview of 

the ordered evacuation, (2) an overview of the manner and 

location from which the Department of State will continue to 

conduct the duties and responsibilities of the embassy or 

consulate, (3) a description of the disposition of embassy or 

consulate property, and (4) any other matters the Secretary of 

Defense and Secretary of State determine relevant. 

Interagency Hostage Recovery Coordinator (sec. 1092)

The House bill contained a provision (sec. 1092) that 

would require the President to designate an existing federal 

official to serve as the Interagency Hostage Recovery 

Coordinator responsible coordinating the government’s efforts to 
194

secure the release of any United States hostage, chair a fusion 

cell of appropriate government personnel, and keep informed 

family members of any hostage. 

The Senate amendment contained no similar provision.

The Senate recedes with a clarifying technical amendment 

that would modify the Coordinator’s duties and scope of 

authority. 

Sense of Senate on the inadvertent shipment of live Bacillus 

anthracis (sec. 1093)

 The Senate amendment contained a provision (section 

1086) that expressed a sense of the Senate on the inadvertent 

transfer of live Bacillus anthracis from Army laboratories, that 

the Center for Disease Control and Prevention and the Federal 

Bureau of Investigation should investigate the cause of the 

transfer and that the Department of Defense should reassess of 

standards on a regular basis to prevent a re-occurrence.

 The House bill contained no similar provision.

 The House recedes with an amendment that accounts for 

the number of affected sites that received the live Bacillus

anthracis over time.

Modification of certain requirements applicable to major medical 

facility lease for a Department of Veterans Affairs outpatient 

clinic in Tulsa, Oklahoma (sec. 1094)

The Senate amendment contained a provision (sec. 1084) 

that would make modifications to the requirements associated 

with the amount of usable space, and the length of the lease, 

for a major veteran’s medical facility in Tulsa, Oklahoma before 

entering into such a lease.

The House bill contained no similar provision.

The House recedes. 

Authorization of certain major medical facility projects of the 

Department of Veterans Affairs for which amounts have been 

appropriated (sec. 1095)

The Senate amendment contained a provision (sec. 1089) 

that would authorize the Secretary of Veterans Affairs to carry 

out certain projects contained in the Consolidated and Further 

Continuing Appropriations Act, 2015 (Public Law 113-235) 

appropriated to the Department of Veterans Affairs, including:
195

(A) $35,000,000 to make seismic corrections to 

Building 205 in the West Los Angeles Medical Center of the 

Department in Los Angeles, California, which, according to the 

Department, is a building that is designated as having an 

exceptionally high risk of sustaining substantial damage or 

collapsing during an earthquake;

(B) $101,900,000 to replace the community living 

center and mental health facilities of the Department in Long 

Beach, California, which, according to the Department, are 

designated as having an exceptionally high risk of sustaining

substantial damage or collapsing during an earthquake;

(C) $187,500,000 to replace the existing spinal cord 

injury clinic of the Department in San Diego, California, which, 

according to the Department, is designated as having an 

extremely high risk of sustaining major damage during an 

earthquake; and

(D) $122,400,000 to make renovations to address 

substantial safety and compliance issues at the medical center 

of the Department in Canandaigua, New York, and for the 

construction of a new clinic and community living center at such 

medical center.

The House bill contained no similar provision.

The House recedes with a technical amendment. 

Designation of construction agent for certain construction 

projects by Department of Veterans Affairs (sec. 1096)

The Senate amendment contained a provision (sec. 1091) 

that would require the Secretary of Veterans Affairs to enter 

into an agreement with the Army Corps of Engineers or another 

entity of the Federal Government to serve, on a reimbursable 

basis, as the construction agent on all construction projects of 

the Department of Veterans Affairs specifically authorized by 

Congress after the date of the enactment of the National Defense 

Authorization Act for Fiscal Years 2016 that involve a total 

expenditure of more than $100.0 million, excluding any 

acquisition by exchange.

The House bill contained no similar provision.

The House recedes with an amendment that would apply this 

to major medical facilities of the Department of Veterans 

Affairs. 

Department of Defense strategy for countering unconventional 

warfare (sec. 1097)

The House bill contained a provision (sec. 1088) that 

would require the Secretary of Defense, in consultation with the 
196

President and the Chairman of the Joint Chiefs of Staff, to 

develop a strategy for the Department of Defense to counter 

unconventional warfare threats posed by adversarial state and 

non-state actors. This section would require the Secretary of 

Defense to submit the strategy to the congressional defense 

committees within 180 days after the date of the enactment of 

this Act.

The Senate amendment contained no similar provision.

The Senate recedes with a clarifying amendment. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Sustainment enhancement

The Senate amendment contained a provision (sec. 852) that 

would express the sense of Congress that the Department of 

Defense does not place sufficient emphasis on sustainment of 

weapon systems and would require the Secretary of Defense to 

assess of the feasibility and advisability of assigning 

additional functions regarding sustainment, manufacturing, and 

industrial base policy to the Assistant Secretary of Defense for 

Logistics and Materiel Readiness. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees direct the Secretary of Defense to submit a 

report to the congressional defense committees by February 1, 

2016, on recommendations concerning the feasibility and 

advisability of assigning additional functions regarding 

sustainment, manufacturing, and industrial base policy to the 

Assistant Secretary of Defense for Logistics and Materiel 

Readiness.

Consideration of strategic materials in preliminary design 

review

The House bill contained a provision (sec. 859) that would 

require the Under Secretary of Defense for Acquisition, 

Technology, and Logistics to ensure that Department of Defense 

Instruction 5000.02 and other applicable guidance receive full 

consideration during preliminary design review for strategic 

materials requirements over the life cycle of the product. 

The Senate amendment contained no similar provision. 

The House recedes.

Authority to transfer funds to the National Nuclear Security 

Administration to sustain nuclear weapons modernization and 

Naval Reactors
197

The House bill contained a provision (sec. 1002) that 

would provide the Secretary of Defense the authority to transfer 

up to $150.0 million to the nuclear weapons and naval reactor 

programs of the National Nuclear Security Administration (NNSA) 

if the amount authorized to be appropriated or otherwise made 

available for fiscal year 2016 for the weapons activities of the 

NNSA is less than $8.9 billion (the amount specified for fiscal 

year 2016 in the report required by section 1251 of the National 

Defense Authorization Act for Fiscal Year 2010 (Public Law 111-

84)).

The Senate amendment contained no similar provision.

The House recedes.

Restrictions on the overhaul and repair of vessels in foreign 

shipyards

The House bill contained a provision (sec. 1021) that 

would amend section 7310 of title 10, United States Code, to 

prohibit the Secretary of the Navy from beginning in a shipyard 

outside the United States or outside a territory of the United 

States any work that is scheduled to be for a period of more 

than 6 months for the overhaul, repair, or maintenance of a 

naval vessel whose homeport is not in the United States or Guam.

The Senate amendment contained no similar provision.

The House recedes.

Report on Department of Defense definition of and policy 

regarding software sustainment

The Senate amendment contained a provision (sec. 1026) 

that would require the Secretary of Defense to submit a report 

on the definition and policy of software sustainment used by the 

Department of Defense. The study would be performed by a 

federally funded research and development center. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees note that weapon systems are increasingly 

reliant on software and the sustainment of these systems 

presents new issues and challenges. Weapon systems may include 

proprietary data and unique software that could limit 

sustainment to a single entity and may result in cost increases 

and increased risk to operations and readiness. 

The conferees recommend the Department examine private 

sector and government best practices to inform its software 

sustainment strategy. Additionally, the conferees encourage the 

Secretary of Defense to determine if the current definitions and 

policies regarding software sustainment provides adequate 
198

guidance for program managers to ensure software system 

sustainment planning include assessments of both public and 

private capabilities, costs, and operational risks.

Sense of Congress regarding technical correction

The House bill contained a provision (sec. 1026) that 

would express the sense of Congress that a technical correction 

to the Carl Levin and Howard P. `Buck' McKeon National Defense 

Authorization Act of Fiscal Year 2015 (Public Law 113-291; 128 

Stat. 3881) should be enacted in order to expeditiously carry 

out the intent of such section 3095. 

The Senate amendment contained no similar provision. 

The House recedes.

Authority to temporarily transfer individuals detained at United 

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

for emergency or critical medical treatment

The Senate amendment contained a provision (sec. 1034) 

that would provide limited authority to the Department of 

Defense to transfer detainees to the United States for emergency 

or critical medical treatment.

The House bill contained no similar provision.

The Senate recedes.

Prohibition on use of funds to transfer or release individuals 

detained at United States Naval Station, Guantanamo Bay, Cuba, 

to combat zones

The House bill contained a provision (sec. 1038) that 

would prohibit the use of funds provided to the Department of 

Defense to transfer individuals detained at United States Naval 

Station, Guantanamo Bay, Cuba to combat zones, as defined by IRS 

code, for a period of two years. 

The Senate amendment contained no similar provision. 

The House recedes. 

Submission to Congress of certain documents relating to transfer 

of individuals detained at Guantanamo to Qatar

The House bill contained a provision (sec 1040) that would 

require the Secretary of Defense to provide appropriate 

congressional committees copies of correspondence within the 

executive branch concerning the decision to transfer individuals 

detained at Guantanamo to Qatar.

The Senate amendment contained no similar provision.
199

The House recedes. 

The conferees note that the House Committee on Armed 

Services and the Department of Defense have reached an agreement 

regarding documents related to the transfer of individuals 

detained at Guantanamo to Qatar.

Submission of unredacted copies of documents relating to the 

transfer of certain individuals detained at Guantanamo to Qatar

The House bill contained a provision (sec. 1041) that 

would require the Secretary of Defense to provide unredacted 

copies of materials concerning the decision to transfer 

individuals detained at Guantanamo to Qatar. 

The Senate amendment contained no similar amendment.

The House recedes. 

The conferees note that the House Committee on Armed 

Services and the Department of Defense have reached an agreement 

regarding documents relating to the transfer of individuals 

detained at Guantanamo to Qatar.

Treatment of certain previously transferred Army National Guard 

helicopters as counting against number transferable under 

exception to limitation on transfer of Army National Guard 

helicopters

The Senate amendment contained a provision (sec. 1045) 

that would require the Secretary of the Army to report to 

Congress the number of Army National Guard AH-64 helicopters 

that have been transferred to the original equipment 

manufacturer for remanufacture. The provision would also treat 

that number as counting against the number required to be 

transferred from the Army National Guard to the regular Army 

pursuant to section 1712 of the Carl Levin and Howard P. “Buck” 

McKeon National Defense Authorization Act for Fiscal Year 2015.

The House bill contained no similar provision. 

The Senate recedes.

Sense of Congress on consideration of the full range of 

Department of Defense manpower worldwide in decisions on the 

proper mix of military, civilian, and contractor personnel to 

accomplish the National Defense Strategy

The Senate amendment contained a provision (sec. 1047) 

that expressed the sense of Congress that the Secretary of 

Defense should consider the full range of Department of Defense 

manpower available worldwide in making decisions on the proper 
200

mix of military, civilian, and contractor personnel to 

accomplish the National Defense Strategy.

The House bill contained no similar provision.

The Senate recedes.

Space available travel for environmental morale leave by certain 

spouses and children of deployed members of the Armed Forces

The House bill contained a provision (sec. 1054) that 

would require the Secretary of Defense to authorize spaceavailable travel for environmental morale leave by certain 

unaccompanied spouses and dependent children of deployed members 

of the Armed Forces.

The Senate amendment contained no similar provision.

The House recedes.

The conferees note that that effective June 9, 2015 the 

Department of Defense (DOD) policy on space-available travel for 

dependents of deployed members was updated to authorize 

dependents of military members deployed for thirty or more 

consecutive days to travel space-available on DOD aircraft.

Limitation on availability of funds for modifying command and 

control of United States Pacific Fleet

The House bill contained a provision (sec. 1058) that 

would limit the availability of fiscal year 2016 funds to modify 

command and control relationships to give Fleet Forces Command 

operational and administrative control of Navy forces assigned 

to the Pacific Fleet.

The Senate amendment contained no similar provision.

The House recedes.

Prohibition on closure of United States Naval Station, 

Guantanamo Bay, Cuba

The House bill contained a provision (sec. 1059) that 

prohibited the President from closing or abandoning the United 

States Naval Station, Guantanamo Bay, Cuba, and required that 

the obligations of the United States under Article III of the 

Treaty Between the United States and Cuba signed on May 29, 1934 

are met. 

The Senate amendment contained no similar provision.

The House recedes.

Civilian Aviation Asset Military Partnership Pilot Program
201

The House bill contained a provision (sec. 1060a) that 

would establish a pilot program that would grant authority to 

the Secretary of Defense, in coordination with the Federal 

Aviation Administration. The aim of the Civilian Aviation Asset 

Military Partnership Pilot Program would be to award competitive 

grants of no more than $2.5 million for infrastructure or tower 

improvements and repairs at up to three eligible airports that 

support military and civilian operations per fiscal year. 

The Senate amendment contained no similar provision.

The House recedes.

Limitation on use of funds to deactivate the 440th Airlift Wing

The House bill contained a provision (sec. 1060c) that 

would limit the availability of funds authorized to be 

appropriated for the deactivation of the 440th Airlift Wing 

until the Secretary of Defense certified the deactivation of the 

wing would not affect the military readiness of the airborne and 

special operations units stationed at Fort Bragg, North 

Carolina.

The Senate amendment contained a similar provision (sec. 

136).

The House recedes.

The conferees agree to include the Senate provision 

elsewhere in this Act because it would require sufficient 

certification by the Secretaries and Chiefs of Staff of the Army 

and the Air Force as to the military readiness of Army airborne 

and special operations units regarding support from Air Force 

airlift operations.

Study and report on role of Department of Defense in formulation 

of long-term strategy

The House bill contained a provision (sec. 1065) that 

requires the Secretary of Defense to direct the Office of Net 

Assessment (ONA) to conduct a study on the role of the 

Department of Defense in the formulation of long-term strategy, 

and to submit a report to the congressional defense committees 

on the results of the study not later than 2 years after the 

date of the enactment of this Act.

The Senate amendment contained no similar provision.

The House recedes. 

The conferees note their continued support for the work of 

the Office of Net Assessment and applaud senior Department 

leadership for their engagement with ONA.
202

Report on plans for the use of domestic airfields for homeland 

defense and disaster response

The Senate amendment contained a provision (sec. 1065) 

that would require, not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense, in 

consultation with the Secretary of Homeland Security and the 

Secretary of Transportation, to submit to the appropriate 

committees of Congress a report setting forth an assessment of 

the plans for airfields in the United States that are required 

to support homeland defense and local disaster response 

missions.

The House bill contained no similar provision.

The Senate recedes. 

The conferees direct the Secretary of Defense, in 

consultation with the Secretary of Homeland Security and the 

Secretary of Transportation, to submit to the Committee on Armed 

Services, the Committee on Homeland Security and Government 

Affairs, and the Committee on Commerce, Science, and 

Transportation 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 a report that contains an assessment of the 

plans for airfields in the United States that are required to 

support homeland defense and disaster response missions. The 

report shall include:

(1) A description of the criteria used to determine 

the capabilities and locations of airfields in the United States 

needed to support safe operations of military aircraft in the 

execution of homeland defense and local disaster response 

missions;

(2) A description of the processes and procedures in 

place to ensure that contingency plans for the use of airfields 

in the United States that support both military and civilian air 

operations are coordinated among the Department of Defense and 

other Federal agencies with jurisdiction over those airfields;

(3) An assessment of the impact, if any, to 

logistics and resource planning as a result of the reduction of 

certain capabilities of airfields in the United States that 

support both military and civilian air operations; and

(4) A review of the existing agreements and 

authorities between the Commander of the United States Northern 

Command and the Administrator of the Federal Aviation 

Administration that allow for consultation on decisions that 

impact the capabilities of airfields in the United States that 

support both military and civilian air operations.
203

The report shall be submitted in unclassified form, but 

may include a classified annex.

Report on potential threats to members of the Armed Forces of 

United States Naval Forces Central Command and United States 

Fifth Fleet in Bahrain

The House bill contained a provision (Sec. 1066) that 

would require a report on potential threats to members of the 

Armed Forces of the United States Naval Forces Central Command 

and the United States Fifth Fleet in Bahrain.

The Senate amendment contained no similar provision.

The House recedes. 

The conferees direct the Secretary of Defense to provide a 

report to the Armed Services Committees of the House of 

Representatives and the Senate, not later than 120 days after 

the date of enactment of this Act, on threats posed to 

Department of Defense personnel and operations associated with 

United States military installations in Bahrain. The report 

should, at a minimum, include an assessment of the current 

security situation in Bahrain, the safety and security of 

Department of Defense personnel and dependents, and appropriate 

measures to mitigate the threat to U.S. operations and personnel 

including potential alternative facilities should U.S. personnel 

require temporary relocation.

Conflict of interest certification for investigations relating 

to whistleblower retaliation

The Senate amendment contained a provision (sec. 1088) 

that would require each investigator involved in a covered 

investigation to submit to the Inspector General of the 

Department of Defense or the Inspector General of the military 

department, as applicable, a certification that there was no 

conflict of interest between the investigator, any witness 

involved in the covered investigation, and the covered employee 

or member of the Armed Forces, as applicable, during the conduct 

of the covered investigation.

The House bill contained no similar provision.

The Senate recedes.

The conferees expect that the Department of Defense and 

the military services will establish uniform procedures to 

ensure there are no conflicts of interest for persons 

investigating whistleblower complaints.
204

Determination and disclosure of transportation costs incurred by 

Secretary of Defense for congressional trips outside the United 

States

The House bill contained a provision (sec. 1091) that 

would require the Secretary of Defense to determine the cost of 

transportation provided in the case of a trip taken by a Member, 

officer, or employee of the Senate or the House of 

Representatives in carrying out official duties outside the 

United States and to report that cost not later than 10 days 

after completion of the trip to the Committees on Armed Services 

of the Senate or the House of Representatives, and to make the 

information available on the Secretary's official public website 

until the expiration of the 4 year period which begins on the 

final day of the trip involved. 

The Senate amendment contained no similar provision.

The House recedes.

The conferees support public disclosure of official travel 

by Members, officers, and employees of the Senate and the House 

of Representatives. To this end, the conferees note that 

section 1754(b) of title 22, United States Code, contains 

reporting and disclosure requirements for congressional travel 

outside the United States, including a requirement for reports 

to be open to public inspection and published in the 

Congressional Record. The conferees recognize that there are 

circumstances under which transportation provided by the 

Department of Defense best meets the needs of congressional 

delegations, ranging from protecting the safety and security of 

the delegations, expediency, and accessing destinations that 

have little or no commercial air service. The conferees further 

note that the Committees on Armed Services of the Senate and the 

House of Representatives each maintain policies and processes to 

provide further oversight of travel requests by members and 

employees of the committees.

Observance of Veterans Day

The House bill contained a provision (sec. 1095) that 

would amend chapter 1 of title 36, United States Code, to add a 

new section that would require the President to issue a 

proclamation each year calling on the people of the United 

States to observe 2 minutes of silence on Veterans Day in honor 

of the service and sacrifice of veterans throughout the history 

of the Nation.

The Senate amendment contained no similar provision.

The House recedes.
205

Business case analysis of decision to maintain C-130J aircraft 

at Keesler Air Force Base, Mississippi

The House bill contained a provision (sec. 1096) that 

would require the Secretary of the Air Force to conduct, not 

later than 60 days after the date of enactment of this Act, a 

business case analysis of the decision to maintain 10 C-130J 

aircraft at Keesler Air Force Base, Mississippi.

The Senate amendment contained no similar provision.

The House recedes.

The conferees recognize that the report provided to the 

committees by the Secretary of the Air Force in April 2015 in 

response to as required by section 138 of the Carl Levin and 

Howard P. "Buck" McKeon National Defense Authorization Act for

Fiscal Year 2015 (Public Law 113-291), included information on 

the business case for maintaining 10 C-130J aircraft at Keesler 

Air Force Base, Mississippi.

Sense of Congress regarding cyber resiliency of National Guard 

networks and communications systems

The House bill contained a provision (sec. 1097) that 

would express a sense of Congress that the National Guard 

personnel need to have situational awareness and reliable 

communications in the event of an emergency, terrorist attack, 

or natural or man-made disaster, and that the current 

communications and networking systems for the National Guard, 

including commercial wireless solutions, are interoperable with 

the systems of civilian first responders. 

The Senate amendment contained no similar provision.

The House recedes.

The conferees note the importance of National Guard 

personnel having robust situational awareness and reliable 

communications in the event of a natural or man-made disaster 

that are interoperable with the systems of civilian first 

responders. In disaster situations, the National Guard serves as 

a critical bridge linking military and civilian response 

capabilities, and thus has the requirement to maintain a broad 

range of communications equipment. The conferees encourage the 

National Guard to constantly explore ways to improve and expand 

its communications and networking capabilities to provide for 

enhanced performance and resilience in the face of cyber attacks 

or disruptions, as well as other instances of degradation.

TITLE XI—CIVILIAN PERSONNEL MATTERS
206

LEGISLATIVE PROVISIONS ADOPTED

Procedures for reduction in force of Department of Defense 

civilian personnel (sec. 1101)

The House bill contained a provision (sec. 906) that would 

express the sense of the Congress that the Secretary of Defense 

should proceed with the collaborative work with employee 

representatives on the “New Beginnings” performance management 

and workforce incentive system and begin implementation of the 

new system at the earliest possible date. 

The Senate amendment contained a provision (sec. 1103) 

that would provide the Secretary of Defense with the authority 

to establish procedures to provide that, in implementing any 

reduction in force for civilian positions in the Department of 

Defense in the competitive service or the excepted service, the 

determination of which employees shall be separated from 

employment in the Department of Defense shall be made primarily 

on the basis of performance.

The agreement includes the Senate provision with an 

amendment that would express the sense of the Congress contained 

in the House provision. 

One-year extension of temporary authority to grant allowances, 

benefits, and gratuities to civilian personnel on official duty 

in a combat zone (sec. 1102)

The House bill contained a provision (sec. 1101) that 

would extend by 1 year the discretionary authority of the head 

of a federal agency to provide allowances, benefits, and 

gratuities comparable to those provided to members of the 

Foreign Service to an agency’s civilian employees on official 

duty in a combat zone.

The Senate amendment contained a similar provision (sec. 

1107).

The Senate recedes. 

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. 

1103)

The House bill contained a provision (sec. 1103) that 

would amend section 5542(a)(6)(B) of title 5, United States 

Code, to extend for 1 year the authority for a civilian employee 

of the Department of the Navy who is assigned to temporary duty 

to perform work aboard, or dockside in direct support of, the 
207

nuclear aircraft carrier that is forward deployed in Japan to 

receive overtime pay.

The Senate amendment contained an identical provision 

(sec. 1108).

The agreement includes this provision. 

Modification to temporary authorities for certain positions at 

Department of Defense research and engineering facilities (sec. 

1104)

The House bill contained a provision (sec. 1104) that 

would modify section 1107 of the National Defense Authorization 

Act for Fiscal Year 2014 (Public Law 113-66) to allow for the 

noncompetitive conversion of students that have graduated from 

an applicable institution of higher learning to a permanent 

appointee. In addition, the House provision would change the 

percentages of the work force that would be eligible for certain 

direct hiring authorities.

The Senate amendment contained a similar provision (sec. 

1109) that would change the percentage of the work force that 

would be eligible for bachelor’s degree holder direct hiring 

authority.

The Senate recedes with a technical amendment.

Required probationary period for new employees of the Department 

of Defense (sec. 1105)

The Senate amendment contained a provision (sec. 1101) 

that would set the required probationary period for new 

employees of the Department of Defense at 2 years. The provision 

would also give discretionary authority to the service secretary 

concerned to extend a probationary period of a new employee of 

the Department of Defense. 

The House bill contained no similar provision.

The agreement contains the Senate provision with a 

technical amendment. 

In extending the probationary period for new employees of

the Department of Defense (DOD), the conferees expect the 

Secretary of Defense to ensure that supervisors optimize the 

additional probationary time by educating supervisors on the 

importance of tracking when an individual’s probationary period 

is ending and directing the supervisor to make an affirmative 

decision or otherwise take appropriate action. The Secretary 

should take steps to ensure DOD supervisors are aware of the 

range of tools and guidance available through the Office of 

Personnel Management, including on-line and in-person training 

and guidebooks. The conferees note that the probationary period 
208

extension will be beneficial only if an agency has effective 

performance management practices in place and uses the extra 

time for the purpose intended. The conferees expect the 

Secretary of Defense to assess the adequacy of leadership 

training provided to supervisors in DOD components and Defense 

agencies in order to ensure supervisors obtain the skills needed 

to effectively conduct performance management responsibilities. 

Delay of periodic step increase for civilian employees of the 

Department of Defense based upon unacceptable performance (sec. 

1106)

The Senate amendment contained a provision (sec. 1102) 

that would provide the Secretary of Defense with the authority 

to require satisfactory performance by civilian employees in 

order to qualify for periodic step increases based on that 

service.

The House bill contained no similar provision.

The House recedes.

United States Cyber Command workforce (sec. 1107)

The Senate amendment contained a provision (sec. 1104) 

that would provide enhanced hiring and retention authorities to 

the Secretary of Defense for civilians on the staff of the 

United States Cyber Command (CYBERCOM) and the elements of the 

CYBERCOM components of the Armed Forces. These enhanced 

authorities are modeled after the personnel authorities in title 

10 provided for the staff of the intelligence components of the 

Department of Defense. These authorities are also similar to 

those that Congress provided in 2014 for the cyber workforce at 

the Department of Homeland Security. The provision also would 

require the Secretary of Defense to provide a plan to Congress 

on implementation of these authorities.

The House bill contained no similar provision. 

The House recedes with technical and clarifying 

amendments, including an amendment that would delay the 

effective date of the authority granted under this section until 

30 days after receipt of an implementation plan submitted by the 

Secretary of Defense to the congressional defense committees.

One-year extension of authority to waive annual limitation on 

premium pay and aggregate limitation on pay for Federal civilian 

employees working overseas (sec. 1108)

The Senate bill contained a provision (sec. 1105) that 

would authorize the head of an executive agency to waive 
209

limitation on the aggregate of basic and premium pay payable 

through calendar year 2016 to an employee who performs work in 

an overseas location that is in the area of responsibility of 

the Commander, U.S. Central Command (CENTCOM), or a location 

that was formerly in the CENTCOM but has been moved to an area 

of responsibility of the Commander, U.S. Africa Command, in 

support of a contingency operation or an operation in response 

to a declared emergency. The amount payable may not exceed the 

total annual compensation payable to the Vice President under 

section 104 of title 3, United States Code.

The House bill contained no similar provision.

The House recedes. 

Pilot program on dynamic shaping of the workforce to improve the 

technical skills and expertise at certain Department of Defense 

laboratories (sec. 1109)

The Senate amendment contained a provision (sec. 1111) 

that would authorize Department of Defense laboratories to 

conduct a pilot program to use specific new authorities to 

improve the dynamic shaping of their technical workforces, 

including the ability to hire technical experts into flexible 

length and renewable term appointments, exercise flexibility in 

applying existing authorities for accessing the expertise of 

recently retired technical personnel and offer voluntary early 

retirement and voluntary separation incentives.

The House bill contained no similar provision.

The conference agreement contains the Senate provision 

with the inclusion of a few technical clarifying amendments.

The conferees believe that the ability of the Department 

of Defense laboratories to be flexible in both hiring and 

shaping their workforce is critical to maintaining a world-class 

research workforce that can adapt over time to new and emerging 

areas of technical need. The Senate and House Armed Services 

Committees, in coordination with the Oversight and Government 

Reform Committee of the House of Representatives and the 

Homeland Security and Government Affairs Committee of the 

Senate, have been active in modifying and seeking new 

authorities to make the Defense laboratories agile and 

attractive places for civilian researchers and engineers.

The conferees believe that taking stock of the authorities 

granted over the past 10 years and understanding their effects 

on attracting, recruiting and retaining a skilled workforce are 

important. Therefore, the conferees direct the Assistant 

Secretary of Defense for Research and Engineering, in 

coordination with the military departments and laboratory 

directors, to brief the Committees on Armed Services of the 
210

Senate and House of Representatives, the Oversight and 

Government Reform Committee of the House of Representatives and 

the Homeland Security and Government Affairs Committee of the 

Senate no later than 90 days of the enactment of this Act. This 

briefing should include how the military departments, the 

laboratories, and the Office of the Secretary of Defense are 

using these authorities, metrics for understanding the 

effectiveness of these authorities, and any recommendations for 

legislative or regulatory action to improve the functioning of 

these authorities.

Pilot program on temporary exchange of financial management and 

acquisition personnel (sec. 1110)

The Senate amendment contained a provision (sec. 1112) 

that would authorize a pilot program to assess the feasibility 

and advisability of the temporary assignment of financial 

management and acquisition personnel to nontraditional defense 

contractors as defined by section 2303(9) of title 10, United 

States Code, and of covered employees of such contractors to the 

Department of Defense. Nontraditional defense contractors are 

commercial companies who either do not do business with the 

Department of Defense or do so exclusively through commercial 

terms and conditions. This authority would expire on September 

30, 2019.

The House bill contained no similar provision.

The House recedes with an amendment that would make the 

authority permissive rather than mandatory and would modify the 

terms and conditions of participation in the pilot program by 

the private-sector employees.

The conferees believe that any exchange of government 

personnel with industry designed to improve skills and knowledge 

of finance and acquisition should be with those types of firms 

that do not traditionally do business with the Department of 

Defense and as such may offer different business management 

approaches to address similar problems. These firms also do not 

pose the same potential conflict of interest concerns that any 

exchange with a traditional defense contractor would pose. 

Pilot program on enhanced pay authority for certain acquisition 

and technology positions in the Department of Defense (sec. 

1111)

The Senate amendment contained a provision (sec. 1113) 

that would authorize a pilot program to assess the feasibility 

and advisability of using a higher-level pay authority to 

attract and retain high-quality acquisition and technology 
211

experts in positions responsible for management and developing 

complex, high-cost, technological acquisition efforts of the 

Department of Defense. The conferees are concerned that in some 

cases the Department of Defense cannot competitively compensate 

the senior-level government program managers and engineers 

required for the government to oversee major defense acquisition 

programs. This provision would allow, in select cases, for the 

Department of Defense to pay a higher rate of compensation to 

recruit and retain senior acquisition officials who are 

exceptionally well qualified. These officials would be limited 

to a 5-year term. This authority would expire on October 1, 

2020.

The House bill contained no similar amendment.

The House recedes. 

Pilot program on direct hire authority for veteran technical 

experts into the defense acquisition workforce (sec. 1112)

The Senate amendment contained a provision (sec. 1114) 

that would authorize a 5-year pilot program for the service 

acquisition executives of each military department to directly 

appoint qualified veteran candidates for scientific, technical, 

engineering, and mathematics positions in the defense 

acquisition activities. This direct hire authority would be 

limited to no more than 1 percent of the total number of 

positions in the acquisition workforce in each military 

department that are filled as of the close of the previous 

fiscal year.

The House bill contained no similar amendment.

The House recedes.

The conferees direct the Secretary of Defense to provide a 

report to the congressional defense committees on the use of 

this authority no later than 2 years after the date of enactment 

of the Act.

Direct hire authority for technical experts into the defense 

acquisition workforce (sec. 1113)

The Senate amendment contained a provision (sec. 1115) 

that would authorize the service secretaries of each military 

department to directly appoint qualified candidates possessing a 

scientific or engineering degree to positions in the defense 

acquisition activities. This direct hire authority would be 

limited to no more than 5 percent of the total number of 

scientific and engineering positions in the acquisition 

workforce in each military department that are filled as of the 
212

close of the previous fiscal year. This authority would expire 

December 31, 2020.

The House bill contained no similar provision.

The House recedes. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Authority to provide additional allowances and benefits for 

Defense Clandestine Service employees

The House bill contained a provision (sec. 1102) that 

would grant the Secretary of Defense the authority to provide 

additional allowances and benefits for Defense Clandestine 

Service employees. 

The Senate amendment contained no similar provision.

The House recedes. 

Preference eligibility for members of reserve components of the 

Armed Forces appointed to competitive service; clarification of 

appeal rights

The House bill contained a provision (sec. 1105) that 

would create a hiring preference for certain members of the 

reserve components of the Armed Forces for the competitive 

service and would clarify the appeals rights of individuals 

hired under section 3330a of title 5, United States Code. 

The Senate amendment contained no similar provision.

The House recedes. 

TITLE XII—MATTERS RELATING TO FOREIGN 

NATIONS

SUBTITLE A—TRAINING AND ASSISTANCE

One-year extension of logistical support for coalition forces 

supporting certain United States military operations (sec. 1201)

The House bill contained a provision (sec. 1201) that 

would amend section 1234 of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181), as most recently 

amended by section 1223 of the National Defense Authorization 

Act for Fiscal Year 2015 (Public Law 113–291), by authorizing 

the Secretary of Defense to provide supplies, services, 

transportation, and other logistical support to coalition forces 
213

supporting U.S. operations in Iraq and Afghanistan during fiscal 

year 2016.

The Senate amendment contained no similar provision.

The Senate recedes.

Strategic framework for Department of Defense security 

cooperation (sec. 1202)

The House bill contained a provision (sec. 1202) that 

would require the Secretary of Defense, in coordination with the 

Secretary of State, to develop a strategic framework for 

Department of Defense security cooperation to guide 

prioritization of resources and activities. This section would 

also require the Secretary of Defense, in coordination with the 

Secretary of State, to submit a report on the strategic 

framework for security cooperation to the congressional defense 

committees, the Committee on Foreign Relations of the Senate, 

and the Committee on Foreign Affairs of the House of 

Representatives, not later than 90 days after enactment of this 

Act.

The Senate amendment contained no similar provisions.

The Senate recedes with an amendment that would make 

clarifying changes and require the Secretary of Defense to 

submit the required report not later than 180 days after 

enactment of this Act.

Redesignation, modification, and extension of National Guard 

State Partnership Program (sec. 1203)

The House bill contained a provision (sec. 1203) that 

would amend section 1205 of the National Defense Authorization 

Act for Fiscal Year 2014 (Public Law 113–66) by modifying and 

extending the authorization for the National Guard State 

Partnership Program (SPP) by 2 years, would require the Chief of 

the National Guard Bureau to establish and submit a list of core 

competencies to support SPP activities to the Secretary of 

Defense for approval, and would require the Secretary of Defense 

to establish a fund to administer and execute the funds 

authorized and appropriated for SPP.

The Senate amendment contained a similar provision (sec. 

1204) that would amend section 1205 of the National Defense 

Authorization Act for Fiscal Year 2014 (Public Law 114–66) to 

provide for the extension of the Department of Defense (DOD) 

State Partnership Program and direct the Under Secretary of 

Defense (Comptroller) and Under Secretary of Defense (Policy) to 

conduct an advisability and feasibility study as to whether a 
214

central fund should be created to support the activities 

associated with the State Partnership Program.

The House recedes with an amendment that would make 

clarifying changes, would require the Secretary of Defense to 

submit a legislative proposal if it is found to be advisable and 

feasible to establish a central fund for the program, and would 

extend the underlying authority for the program for 5 years.

The conferees encourage DOD to consider if it would be 

useful to establish a list of core competencies of the National 

Guard to be used to better educate security assistance officers 

and countries participating in the State Partnership Program 

about the capabilities that can be brought to bear by the Guard. 

The Secretary should inform the Armed Services Committees of the 

House of Representative and the Senate if such a step is 

considered to be useful.

Extension of authority for non-reciprocal exchanges of defense 

personnel between the United States and foreign countries (sec. 

1204)

The House bill contained a provision (sec. 1204) that 

would amend section 1207(f) of the National Defense 

Authorization Act for Fiscal Year 2010 (Public Law 111–84) by 

extending the authorization for non-reciprocal exchanges of 

defense personnel between the United States and foreign 

countries through December 31, 2017.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would extend the 

authority through December 31, 2021.

Monitoring and evaluation of overseas humanitarian, disaster, 

and civic aid programs of the Department of Defense (sec. 1205)

The House bill contained a provision (sec. 1205) that 

would allow up to 5 percent of the amounts authorized to be 

appropriated by this act for sections 401, 402, 404, 407, 2557, 

and 2561 of title 10, United States Code be used to conduct 

monitoring and evaluation of these programs.

 The Senate amendment contained no similar provision.

 The Senate recedes with a clarifying amendment. 

 The conferees further note that the briefing shall include 

a description of how the Department of Defense evaluates program 

and project outcomes and impact, including cost effectiveness 

and extent to which programs meet designated goals.

One-year extension of funding limitations for authority to build 

the capacity of foreign security forces (sec. 1206)
215

The Senate amendment contained a provision (sec. 1201) 

that would extend for 1 year the funding limitations for the 

Department of Defense to build the capacity of foreign security 

forces under section 2282, title 10, United States Code.

The House bill contained no similar provisions.

The House recedes.

Authority to provide support to national military forces of 

allied countries for counterterrorism operations in Africa (sec. 

1207)

The Senate amendment contained a provision (sec. 1205) 

that would authorize through September 30, 2018, the Secretary 

of Defense, in coordination with the Secretary of State, to 

provide, on a non-reimbursable basis, logistic support, 

supplies, and services to the national military forces of an 

allied country conducting counterterrorism operations in Africa 

if the Secretary of Defense determines that the provision of 

such support is (1) in the national security interests of the 

United States; and (2) critical to the timely and effective 

participation of such national military forces in such 

operations.

The House bill contained no similar provision.

The House recedes.

The conferees note that, in this section, the term ‘allied 

country’ has the meaning given to that term in section 2350c of 

title 10, United States Code.

Reports on training of foreign military intelligence units 

provided by the Department of Defense (sec. 1208)

The Senate amendment contained a provision (sec 1206) that 

would authorize the Secretary of Defense to provide intelligence 

training to foreign military intelligence units to increase 

partner capacity.

The House bill contained no similar provision.

The House recedes with an amendment that would require the 

Under Secretary of Defense for Intelligence to provide semiannual reports to the congressional defense committees on the 

military intelligence training performed by Department of 

Defense of foreign military intelligence personnel and the 

authorities under which such activities are conducted. 

The conferees believe that the current matrix of capacity 

building authorities may not sufficiently cover sustained 

intelligence training for foreign military forces for purposes 

other than counterterrorism operations and stability operations 

with whom the United States partners or may need to partner in 
216

the future. Based on the reports and any potential gaps in 

authorities, the conferees will evaluate whether further 

authorities should be included in the 2017 authorizing 

legislation.

Prohibition on assistance to entities in Yemen controlled by the 

Houthi movement (sec. 1209)

The Senate amendment contained a provision (sec. 1207) 

that would prohibit assistance to an entity in Yemen controlled 

by members of the Houthi movement unless the Secretary of 

Defense determines the provision of such assistance is important 

to the national security interests of the United States.

The House bill did not contain a similar provision.

The House recedes with an amendment requiring the 

Secretary of Defense to submit a notification to certain 

congressional committees should the national security exception 

be exercised. 

SUBTITLE B—MATTERS RELATING TO AFGHANISTAN 

AND PAKISTAN

Extension and modification of Commanders’ Emergency Response 

Program (sec. 1211)

The House bill contained a provision (sec. 1211) that 

would amend section 1201 of the National Defense Authorization 

Act for Fiscal Year 2012 (Public Law 112–81), as most recently 

amended by section 1221 of the National Defense Authorization 

Act for Fiscal Year 2015 (Public Law 113–291), by extending for 

1 year the Commanders’ Emergency Response Program (CERP) in 

Afghanistan and authorizing $5.0 million for fiscal year 2016.

The Senate amendment contained a similar provision (sec. 

1222) that would make up to $10.0 million available during 

fiscal year 2016 for CERP in Afghanistan, and would authorize 

certain payments to redress injury and loss in Iraq.

The House recedes with an amendment that would limit 

amounts available during Fiscal Year 2016 to not exceed $5.0 

million, require the Secretary of Defense to submit revised 

guidance to take into account the modifications to CERP made by 

this provision and would allow the Secretary to begin payments 

to redress injury and loss in Iraq 30 days after the submission 

of a report related to the conditions for which payment would be 

made and the manner in which claims for payments shall be 

verified.
217

Extension and modification of authority for reimbursement of 

certain coalition nations for support provided to United States 

military operations (sec. 1212)

The House bill contained a provision (sec. 1212) that 

would extend the authority for reimbursement of coalition 

nations for support provided to the U.S. for military operations 

in Afghanistan through fiscal year 2016 and would authorize $1.3 

billion. Of the $1.0 billion in reimbursement authorized for 

Pakistan during fiscal year 2016, $400.0 million would not be 

eligible for a waiver unless the Secretary of Defense certifies 

that Pakistan is conducting military operations against the 

Haqqani Network and is actively coordinating with the Government 

of Afghanistan to restrict the movement of militants along the 

Afghanistan-Pakistan border. 

The Senate amendment contained a similar provision (sec. 

1224) that would extend the authority to make Coalition Support 

Fund (CSF) payments to reimburse certain nations for support 

provided to U.S. military operations in Afghanistan and would 

authorize to $1.2 billion, of which $900.0 million would be 

provided to Pakistan. Of the $900.0 million, $100.0 million 

would be authorized for a pilot program.

The Senate recedes with an amendment that would authorize 

$1.3 billion and would limit the authorization for reimbursement 

to Pakistan to $900.0 million. Of the $900.0 million, $350.0 

million would not be eligible for a waiver unless the Secretary 

of Defense certifies that Pakistan has met certain conditions. 

An additional $100.0 million of CSF would be made available for 

Pakistan for direct assistance for a pilot program for stability 

activities undertaken in the Federally Administered Tribal 

Areas, including the provision of funds to the Pakistan military 

and the Pakistan Frontier Corps Khyber Pakhtunkhwa. 

The conferees encourage the continuation of military 

operations undertaken by the Pakistan Military in the Federally 

Administered Tribal Area but note the need for further action 

against terrorist organizations such as the Haqqani Network. 

Additional matter in semiannual report on enhancing security and 

stability in Afghanistan (sec. 1213)

The House bill contained a provision (sec. 1213) that 

would state the sense of Congress that the President’s decision 

to maintain 9,800 U.S. troops through 2015 is appropriate, that 

the President should withdraw U.S. troops only on a pace that is 

consistent with the ability of the Afghan National Security 

Forces to sustain itself and secure Afghanistan, and that the 
218

U.S. President should review maintaining the U.S. advisory 

mission beyond 2016. 

The Senate amendment contained a similar provision (sec. 

1221) that would require a certification by the President to the 

congressional defense committees that the reduction of U.S. 

forces in Afghanistan will result in an acceptable level of risk 

to U.S. national security objectives. 

The House recedes with an amendment that adds an 

assessment of risks associated with the drawdown of U.S. forces 

to the semiannual report required by section 1225 of the Carl 

Levin and Howard P. `Buck' McKeon National Defense Authorization 

Act for Fiscal Year 2015 (Public Law 113-291).

Extension of authority to acquire products and services produced 

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

1214)

The House bill contained a provision (sec. 1214) that 

would extend section 801 of the National Defense Authorization 

Act for Fiscal Year 2010 (Public Law 111–84), as most recently 

amended by section 832 of the National Defense Authorization Act 

for Fiscal Year 2014 (Public Law 113–66), through December 31, 

2016, for limiting competition for products or services that are 

from one or more countries along a major route of supply to 

Afghanistan or providing a preference for such a product or 

service, under certain circumstances.

The Senate amendment contained a similar provision (sec. 

827) that would extend by 1 year the authority in section 801(f) 

of the National Defense Authorization Act for Fiscal Year 2010 

(Public Law 111–84).

The House recedes.

Extension of authority to transfer defense articles and provide 

defense services to the military and security forces of 

Afghanistan (sec. 1215)

The House bill contained a provision (sec. 1215) that 

would extend section 1222 of the National Defense Authorization 

Act for Fiscal Year 2013 (Public Law 112–239), as amended by 

section 1231 of the National Defense Authorization Act for 

Fiscal Year 2015 (Public Law 113–291), for 1 year and would 

extend the quarterly reporting requirement through March 31, 

2017. This section would authorize that, during fiscal years 

2015–16, the excess defense articles transferred from the stocks 

of the Department of Defense to the military and security forces 

of Afghanistan will not be subject to the authorities and 
219

limitations in section 561 of the Foreign Assistance Act of 1961 

(Public Law 87–195).

The Senate amendment contained a similar provision (sec. 

1223).

The Senate recedes.

Modification of protection for Afghan allies (sec. 1216)

The House bill contained a provision (sec. 1216) that 

would express the sense of Congress that it is in the interest 

of the United States to continue to assist Afghan partners, and 

their immediate families, who have served as translators or 

interpreters and those who have performed sensitive and trusted 

activities for U.S. Armed Forces.

The Senate amendment contained a provision (sec. 1227) 

that would modify the Afghan Special Immigrant Visa program to 

require not less than 2 years of service if submitting a 

petition after September 30, 2015, would express the sense of 

Congress that the necessity of providing special immigrant 

status should be assessed at regular intervals by the Committee 

on Armed Services of the Senate and the House of Representatives 

taking into account the scope of the current and planned 

presence of U.S. troops in Afghanistan, and would make technical 

amendments. 

The House recedes with a technical amendment. 

SUBTITLE C—MATTERS RELATING TO SYRIA AND 

IRAQ

Extension of authority to support operations and activities of 

the Office of Security Cooperation in Iraq (sec. 1221)

The House bill contained a provision (sec. 1221) that 

would extend the authority for the Office of Security 

Cooperation in Iraq (OSC– I) for 1 year. This authority would 

allow the Secretary of Defense, with the concurrence of the 

Secretary of State, to authorize OSC–I to conduct training 

activities in support of the Iraqi Ministry of Defense and 

Counter Terrorism Service personnel at a base or facility of the 

Government of Iraq. This section would limit the total 

authorized funding for operations and activities for OSC–I to 

$143.0 million in fiscal year 2016 and would require the 

Secretary of Defense and the Secretary of State to submit a 

report assessing how OSC–I integrates into Operation Inherent 

Resolve in Iraq.
220

The Senate amendment contained a similar provision (sec. 

1228) that would authorize the use of up to $80.0 million in 

fiscal year 2016 to support OSC–I operations and activities.

The House recedes.

Strategy for the Middle East and to counter violent extremism 

(sec. 1222)

The House bill contained a provision (sec. 1222) that 

would express a sense of Congress on U.S. strategy in the Middle 

East and would require the Secretary of Defense to submit to the 

congressional defense committees a comprehensive strategy for 

the Middle East.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would require 

the Secretary of Defense and the Secretary of State, not later 

than February 15, 2016, to jointly submit to certain 

congressional committees a strategy for the Middle East and to 

counter violent extremism. 

Modification of authority to provide assistance to counter the 

Islamic State of Iraq and the Levant (sec. 1223)

The House bill contained a provision (sec.1223) that would 

authorize $715.0 million in fiscal year 2016 for assistance to 

the military and security forces associated with the Government 

of Iraq, of which not less than 25 percent of such funds would 

be obligated to such groups as Kurdish and tribal security 

forces with a national security mission. This section would 

require an assessment by the Secretary of Defense and Secretary 

of State of the conditions of the Government of Iraq relating to 

political inclusiveness, minority integration, and efforts to 

address grievances of ethnic and sectarian minorities. If the 

assessment is not submitted or Iraq has not substantially 

achieved the conditions contained in the assessment, the 

Secretaries would be required to withhold the provision of 

assistance pursuant to the “Iraq Train and Equip Authority” 

under section 1236 of the National Defense Authorization Act for

Fiscal Year 2015 (Public Law 113-291) and 60 percent of such 

assistance would go directly to certain groups.

The Senate amendment contained provisions (sec. 1225, 

1229, 1271) that would require the Secretary of Defense to 

submit a report to the congressional defense committees within 

30 days if the Secretary determines that equipment provided by 

the United States to Iraq has been transferred to or acquired by 

a violent extremist organization and would add an additional 

element to the quarterly report under the Iraq Train and Equip 
221

authority to include a list of units restricted from receiving 

assistance under that authority as a result of vetting.

The Senate recedes with an amendment that would express 

the sense of Congress that: (1) the Islamic State of Iraq and 

the Levant poses an acute threat to the people and territorial 

integrity of Iraq (ISIL), (2) defeating ISIL is critical to 

maintaining a unified Iraq, and (3) the United States in 

coordination with coalition partners should provide security 

assistance in an expeditious and responsive manner to the 

national security forces associated with the Government of Iraq 

including Kurdish and tribal security forces or other security 

forces with a national security mission. The amendment would 

also require the Secretary of Defense and the Secretary of State 

to jointly submit an assessment, to certain congressional 

committees on the extent to which the Government of Iraq is 

increasing political inclusiveness, addressing grievances of 

ethnic and sectarian minorities, and enhancing minority 

integration in the political and military structures in Iraq. 

Taking into account such an assessment, in the event the 

President determines that the Government of Iraq has failed to 

take substantial action to: (1) increase political 

inclusiveness, (2) address the grievances of ethnic and 

sectarian minorities, and (3) enhance minority integration in 

the political and military structures in Iraq; the Secretary of 

Defense, in coordination with the Secretary of State, would be 

authorized to provide, in coordination to the extent practicable 

with the Government of Iraq, assistance pursuant to the Iraq 

Train and Equip authority directly to the Kurdish Peshmerga, 

Sunni tribal security forces, or other local security forces 

with a national security mission for the purpose of supporting 

international coalition efforts against ISIL. The conferees 

note that local security forces with a national security mission 

may include, in addition to Sunni tribal elements, local 

security forces that are committed to protecting highly 

vulnerable ethnic and religious minority communities, such as 

Yazidi, Christian, Assyrian and Turkoman communities, against 

the ISIL threat. Additionally, this section would prohibit 

assistance pursuant to the Iraq Train and Equip authority from 

being provided to the Government of Iraq unless the Secretary of 

Defense certifies that the Government of Iraq has taken actions 

as may be reasonably necessary to safeguard against such 

assistance being transferred to, or acquired by violent 

extremist organizations, including designated Foreign Terrorist 

Organizations (FTOs) or an organization that is known to be 

under the command and control of, or is associated with the 

Government of Iran.
222

Reports on United States Armed Forces deployed in support of 

Operation Inherent Resolve (sec. 1224)

The House bill contained a provision (sec. 1224) that 

would express the sense of the Congress that Operation Inherent 

Resolve and the force protection and combat search and rescue 

requirements be continuously evaluated, and would require the 

Secretary of Defense to submit to the congressional defense 

committees a report on the U.S. Armed Forces deployed in support 

of OIR.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would require a 

report to the congressional defense committees, not later than 

30 days after the date of the enactment of this Act and every 90 

days thereafter, on United States Armed Forces deployed in 

support of Operation Inherent Resolve.

Matters relating to support for the vetted Syrian opposition 

(sec. 1225)

The House bill contained a provision (sec. 1225) that 

would require a strategy and authorize $600.0 million for the 

overall Syria Train and Equip program, which includes $531.5 

million for the Syria Train and Equip Fund, $25.8 million for 

costs that would be incurred by the Army for such program, and 

$42.8 million for costs that would be incurred by the Air Force 

for such program. 

The Senate amendment contained a provision (sec. 1208) 

that would require the Secretary of Defense to submit a report 

on the military support the Secretary considers necessary to 

provide to recipients of assistance upon their return to Syria.

The Senate recedes with an amendment that would: (1) 

require the Secretary of Defense to submit a report on what 

support is determined to be necessary to provide recipients of 

assistance upon their return to Syria; (2) modify quarterly 

reporting matters; and (3) require certain information to 

accompany reprogramming requests.

Support to the Government of Jordan and the Government of 

Lebanon for border security operations (sec. 1226)

The House bill contained a provision (sec. 1226) that 

would authorize $300.0 million in assistance on a reimbursement 

basis to enhance and support the efforts of Jordan’s Armed 

Forces to sustain security along its border with Syria and Iraq. 

The Senate amendment contained a similar provision (sec. 

1202) that would authorize assistance to Jordan and Lebanon in 
223

any fiscal year through fiscal year 2020 for the purposes of 

sustaining security along their borders with Syria and/or Iraq. 

Regarding assistance to the Government of Lebanon, the provision 

would prohibit reimbursement of Hezbollah or any forces other 

than the armed forces of Lebanon.

The Senate recedes with an amendment that would make 

available to Jordan and Lebanon funds not to exceed $150.0 

million for each country in any 1 fiscal year for reimbursement 

from amounts authorized pursuant to section 1233 of the National 

Defense Authorization Act for fiscal year 2008 (P.L. 110-181) 

and section 1534 of the National Defense Authorization Act for 

fiscal year 2015 (P.L. 113-291), the Counterterrorism 

Partnership Fund, and would make other clarifying modifications. 

Sense of Congress on the security and protection of Iranian 

dissidents living in Camp Liberty, Iraq (sec. 1227)

The Senate amendment contained a provision (sec. 1230) 

that would express the sense of Congress regarding the security 

and disposition of Camp Liberty residents while encouraging 

cooperation with the United Nations High Commissioner for 

Refugees in expediting the resettlement of Camp Liberty resident 

to safe locations outside Iraq. 

The House bill did not contain a similar provision.

The House recedes with a clarifying amendment. 

SUBTITLE D–MATTERS RELATING TO IRAN

Modification and extension of annual report on the military 

power of Iran (sec. 1231)

The House bill contained a provision (sec. 1231) that 

would extend the annual report on the military power of Iran to 

December 31, 2025, and add a reporting requirement that provides 

an assessment of transfers of military equipment, technology, 

and training to Iran from non-Iranian sources.

The Senate amendment contained a similar provision (sec. 

1241).

The Senate recedes with an amendment that would create an 

additional element of the underlying report to require 

information on Iran’s cyber capabilities. 

Sense of Congress on the Government of Iran’s malign activities 

(sec. 1232)
224

The House bill contained a provision (sec. 1232) that 

would express the sense of the Congress that Iran’s illicit 

pursuit, development, or acquisition of a nuclear weapons 

capability and its malign military activities constitute a grave 

threat to regional stability and the national security interests 

of the U.S. and its allies. 

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would expresses 

the sense of Congress that Iran continues to conduct malign 

activities and sponsorship of terrorism, and that the United 

States should continue to enhance the region’s security 

architecture, build partner capacity to respond to external 

aggression, and increase interoperability with regional security 

forces. 

Report on military-to-military engagements with Iran (sec. 1233)

The House bill contained a provision (sec. 1234) that 

would restrict the Secretary of Defense from authorizing any 

military-to-military exchange or contact by the Armed Forces or 

Department of Defense civilians with Iran with certain 

exceptions. 

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would require 

the Secretary of Defense to submit a report to certain 

congressional committees on military-to-military engagements 

with Iran. 

Security guarantees to countries in the Middle East (sec. 1234)

The House bill contained a provision (sec. 1235) that 

would require the Secretary of Defense, in coordination with the 

Secretary of State, to provide the appropriate congressional 

committees a copy of any security agreement by the U.S. to any 

country in the Middle East associated with Iran’s nuclear 

weapons program. 

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would require 

the Secretary of Defense and Secretary of State to submit a 

report to certain congressional committees that summarizes any 

agreement on security commitments by the United States to any 

country in the Middle East in effect as of 15 days prior to the 

submittal of the report. Additionally, this section would 

require the Chairman of the Joint Chiefs of Staff to provide the 

Secretary of Defense with an analysis of the United States 

military force structure and posture required to meet any 
225

current agreement that provides security commitments in the 

Middle East. 

Rule of construction (sec. 1235)

The House bill contained a provision (sec. 1236) that 

states that nothing in this Act shall be construed as 

authorizing the use of force against Iran.

The Senate amendment contained no similar provision.

The Senate recedes.

SUBTITLE E–MATTERS RELATING TO THE RUSSIAN 

FEDERATION

Notifications relating to testing, production, deployment, and 

sale or transfer to other states or non-state actors of the 

Club-K cruise missile system by the Russian Federation (sec. 

1241)

The House bill contained a provision (sec. 1241) that 

would require the Secretary of Defense to submit to the 

appropriate committees of Congress quarterly notifications and 

updates relating to testing, production, deployment, sale or 

transfer to other states or non-state actors of the Club-K 

cruise missile system by the Russian Federation. This provision 

would also require the Secretary of Defense to notify the 

congressional defense committees no later than 7 days after the 

Secretary determines that there is reasonable belief that Russia 

has deployed, sold, or transferred the Club-K cruise missile 

system to other states or non-state actors. Additionally, the 

Chairman of the Joint Chiefs of Staff is required to develop a 

strategy to detect, defend against and defeat the Club-K cruise 

missile system, and will submit to the appropriate committees of 

Congress the strategy no later than September 30, 2016. 

The Senate amendment contained no similar provision.

The Senate recedes with an amendment requiring the 

Secretary of Defense to notify the appropriate committees of 

Congress not later than 7 days after the Secretary determines 

there is reasonable grounds to believe the Russian Federation 

has tested, initially deployed, or sold or transferred to 

another state or non-state actor the Club-K cruise missile 

system. The Chairman of the Joint Chiefs of Staff shall include 

options for responding to the Club-K cruise missile threat in 

current military planning. The reporting requirement contained 

in the House provision is carried in another section of the Act. 
226

Notifications of deployment of nuclear weapons by Russian 

Federation to territory of Ukrainian Republic or Russian 

territory of Kaliningrad (sec. 1242)

The House bill contained a provision (sec. 1242) that 

would require the Secretary of Defense to submit to the 

appropriate congressional committees quarterly notifications on 

the status of the Russian Federation conducting exercises with, 

planning or preparing to deploy, or deploying certain weapons 

systems, onto the territory of the Ukrainian Republic. This 

provision would also require prompt notification, no more than 

seven days, after the Secretary of Defense determines that there 

exists reasonable grounds to believe that Russia has deployed 

certain weapon systems onto the territory of Ukraine. Further, 

the Chairman of the Joint Chiefs of Staff shall submit to the 

congressional defense committees, no later than June 30, 2016, a 

strategy to respond to the military threat posed by the Russian 

Federation deploying covered weapons systems onto the territory 

of the Ukraine Republic. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would expand the 

notification to include the deployment of covered weapon systems 

into the Russian territory of Kaliningrad, and would require the 

Chairman of the Joint Chiefs of Staff to include in current 

planning options for responding to the military threat posed by 

the Russian Federation deploying covered weapons into the 

territory of Ukraine and Kaliningrad, including opportunities 

for allied cooperation. The agreement also addresses the 

requirement to report on the status of exercises with, planning 

or preparing to deploy, or deploying certain weapons systems, 

onto the territory of the Ukrainian Republic in another section 

of this Act, and includes reporting on deployment of such 

weapons systems in the Russian territory of Kaliningrad in that 

section. The provision would terminate after 5 years.

Measures in response to non-compliance by the Russian Federation 

with its obligations under the INF Treaty (sec. 1243)

The House bill contained a provision (sec. 1243) that 

would require the President to submit to the appropriate 

congressional committees a notification of whether the Russian 

Federation has flight-tested, deployed, or possessed a military 

system that has achieved an initial operation capability of a 

covered missile system, and whether the Russian Federation has 

begun steps to return to full compliance with the IntermediateRange Nuclear Forces (INF) Treaty, including by agreeing to 

inspections and verification measures necessary to achieve high 
227

confidence that any covered missile system will be eliminated, 

as required by the INF Treaty upon its entry into force. 

The Senate amendment contained a similar provision (sec. 

1671) that would require the President to notify the appropriate 

congressional committees with respect to whether the Russian 

Federation has flight-tested, deployed, or possessed a military 

system that has achieved an initial operating capability that is 

in violation of the INF Treaty or has begun taking measures to 

return to full compliance with the INF Treaty. The provision 

would also require the Secretary of Defense to submit a report 

to the appropriate congressional committees on the status of 

updates provided to the North Atlantic Treaty Organization 

(NATO) and other allies of the United States on the Russian 

Federation’s flight testing, operational capability, and 

deployment of ground-launched ballistic missiles in violation of 

the INF Treaty. If the Russian Federation fails compliance 

measures by the date of the enactment of this Act, the Secretary 

of Defense will also submit to Congress, a plan outlining the 

development of military capabilities, including counterforce 

capabilities, countervailing strike capabilities, and active 

defense to defend against intermediate-range ground-launched 

cruise missile attacks.

The House recedes with a clarifying amendment.

Modification of notification and assessment of proposal to 

modify or introduce new aircraft or sensors for flight by the 

Russian Federation under the open skies treaty (sec. 1244)

The House bill contained two provisions (sec. 1244 and 

1265) that would amend section 1242 (b)(1) of the National 

Defense Authorization Act for Fiscal Year 2015 (Public Law 113-

291; 128 Stat. 3564) to extend reporting requirements from 30 

days to 90 days and extend oversight to include the commander of 

each relevant combatant command as well as the Joint Chiefs of 

Staff. Additionally, the Secretary of Defense, in coordination

with the Secretary of State this provision limits obligated 

funds to less than 50 percent until a report on any meetings of 

the Open Skies Consultative Commission during the prior year is 

delivered to Congress to the appropriate committees. 

The Senate amendment contained a similar provision (sec. 

1672) that would modify Section 1242(b) of the Carl Levin and 

Howard P. "Buck" McKeon National Defense Authorization Act for 

Fiscal Year 2015 (Public Law 113-291) by adding a requirement to 

include an assessment by the commander of each combatant command 

potentially affected by a proposal of the Russian Federation to 

modify or introduce a new aircraft or sensor for flight under 

the Open Skies Treaty, including an assessment of the potential 
228

effects of the proposal on operations and any potential 

vulnerabilities. The provision would also require that not later 

than 30 days after the date of any meeting of the Open Skies 

Consultative Commission, the Secretary of Defense submit to the 

defense committees of Congress a report on such meeting, 

including a description of any agreements entered into during 

such meeting, and whether any such agreement will result in a 

modification to the aircraft or sensors that will be subject to 

the Open Skies Treaty. 

The House recedes with an amendment that would combine the 

three similar provisions and limit the availability of funds 

made available for fiscal year 2016 for arms control 

implementation (PE 0305145F) to not more than 75 percent until 

the Secretary of Defense, in coordination with the Secretary of 

State, submits a report to Congress describing any meetings of 

the Open Skies Consultative Commission during the prior year, a 

description of any agreements entered into during such meetings, 

and a description of future year proposals for modification to 

aircraft sensors that will be subject to the Open Skies Treaty.

Prohibition on availability of funds relating to sovereignty of 

the Russian Federation over Crimea (sec. 1245)

The House bill contained a provision (sec. 1247) that 

would prohibit funds authorized to be appropriated or made 

available by this Act through fiscal year 2016 for the 

Department of Defense to implement any action or policy that 

recognizes the de facto sovereignty of Russia over Crimea, or 

any country whose central government has taken steps to 

recognize or support Russia’s illegal occupation of Crimea. The 

provision included a waiver if the Secretary of Defense 

certifies and reports that doing so would be in the national 

security interest of the United States.

The Senate amendment contained no similar provision.

The Senate recedes with a technical and clarifying 

amendment.

Limitation on military contact and cooperation between the 

United States and the Russian Federation (sec. 1246)

The House bill contained a provision (sec. 1248) that 

would prohibit funds authorized to be appropriated or otherwise 

made available for fiscal year 2016 to be used for bilateral 

military-to-military contact or cooperation between the United 

States and the Russian Federation without certain certifications 

by the Secretary of Defense, in consultation with the Secretary 

of State, or unless certain waiver conditions are met.
229

The Senate bill did not contain a similar provision.

The Senate recedes with a technical and clarifying 

amendment. 

Limitation on funds for implementation on the New START Treaty 

(sec. 1247)

The House bill contained a provision (sec. 1249) that 

would limit all authorized funds that would be used for 

implementation of the New START Treaty until the President 

certifies to the appropriate congressional committees that the 

armed forces of the Russian Federation are no longer illegally 

occupying Ukrainian territory; the Russian Federation is 

respecting the sovereignty of all Ukrainian territory; the 

Russian Federation is no longer taking actions that are 

inconsistent with the INF Treaty; the Russian Federation is in 

compliance with the Conventional Forces in Europe (CFE) Treaty 

and has lifted its suspension of Russian observance of its 

treaty obligations; and there have been no inconsistencies by 

the Russian Federation with the New START Treaty requirements. 

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that changes the 

limitation to a reporting requirement on the reasons continued 

implementation of the New START treaty is in the national 

security interests of the United States, for any year in which 

the New START Treaty is in effect and the following conditions 

apply (and steps taken to remedy the conditions), the Russian 

Federation (i) continues to occupy Ukraine territory, (ii) 

disrespects the sovereignty of Ukraine territory, (iii) is not 

in fully compliance with the Intermediate Nuclear Forces Treaty, 

(iv) is not in compliance with the CFE Treaty and has not lifted 

is suspension of observing the Treaty, and (v) is not reducing 

it deployed strategic delivery vehicles, which are under the 

central limits of the New START Treaty. The conferees are 

concerned about the impact of Russia increasing its number of 

deployed strategic delivery vehicles, but notes that this 

increase is occurring within the legally-binding New START 

Treaty caps.

Additional matters in annual report on military and security 

developments involving the Russian Federation (sec. 1248)

The Senate amendment contained a provision (sec. 1255) 

that would add a reporting requirement to section 1245 of the 

National Defense Authorization Act for Fiscal Year 2015 (Public 

Law 113–291) requiring an assessment of the force structure and 

capabilities of Russian military forces stationed in the Arctic 
230

region, Kaliningrad, and Crimea, as well as an assessment of the 

Russian military strategy in the Arctic region.

The House bill did not contain a similar provision. 

The House recedes with an amendment that would create an 

additional element to require a description of the testing, 

production, deployment, and sale or transfer of the Club-K 

cruise missile system by the Russian Federation. 

Report on alternative capabilities to procure and sustain 

nonstandard rotary wing aircraft historically procured through 

Rosoboronexport (sec. 1249)

The Senate amendment contained a provision (sec. 1256) 

that would require an independent assessment on the feasibility 

and advisability of using alternative industrial base 

capabilities to procure and sustain nonstandard rotary wing 

aircraft historically acquired through the Russian state 

corporation Rosoboronexport as well as an analysis of 

alterations that may be required for waivers of foreign military 

sales requirements and procedures for approval of airworthiness 

certificates associated with such alternative capabilities.

The House bill did not contain a similar provision.

 The House recedes with technical and clarifying 

amendments.

The conferees direct the Under Secretary of Defense for 

Acquisition, Technology, and Logistics, not later than 180 days 

after date of the enactment of this Act and in consultation with 

the Chairman of the Joint Chiefs of Staff, to provide an interim 

brief to the Committees on Armed Services of the House of 

Representatives and the Senate on the initial findings, 

conclusions, and recommendations of the independent assessment 

required by this section. 

Ukraine Security Assistance Initiative (sec. 1250)

The House bill contained a provision (sec. 1532) that 

would authorize $200.0 million for the Secretary of Defense, in 

concurrence with the Secretary of State, to provide assistance 

and sustainment to the military and national security forces of 

Ukraine. This assistance would include the explicit authority 

to provide lethal weapons of a defensive nature to the security 

forces of Ukraine. 

The Senate amendment contained a similar provision (sec. 

1251) that would authorize $300.0 million for the Secretary of

Defense, in coordination with the Secretary of State, to provide 

security assistance and intelligence support to military and 

other security forces of Ukraine. 
231

The House recedes with an amendment that would require 

$50.0 million of the funds authorized to be available only for 

lethal assistance and counterartillery radars unless the 

Secretary of Defense, with the concurrence of the Secretary of 

State, certifies that use of such funds for lethal assistance is 

not in the U.S. national security interest. If the 

certification is made, such funds could be used for assistance 

or support to Partnership for Peace (PfP) nations, or for 

exercises and training for the security forces of PfP nations or 

the Government of Ukraine to assist in preserving their 

sovereignty and territorial integrity against Russian 

aggression. 

The conferees emphasize the importance of providing 

support to the Government of Ukraine in defending itself against 

actions by Russia and Russian-backed separatists that continue 

to violate ceasefire agreements. The conferees note the success 

of current training of Ukrainian security forces by U.S. forces 

and encourage expansion of such training efforts as provided for 

in this section. The conferees further note the growing threat 

to the sovereignty and territorial integrity of other nations in 

the region and stress the importance of assisting such nations 

in developing the capability to defend against Russian 

aggression. 

Training for Eastern European national military forces in the 

course of multilateral exercises (sec. 1251)

The Senate amendment contained a provision (sec. 1252) 

that would authorize the Secretary of Defense, with the 

concurrence of the Secretary of State, to provide multilateral 

or regional training, and pay the incremental expenses of 

participating in such training, for the national military forces 

of countries in Eastern Europe that are a signatory to the 

Partnership for Peace Framework Documents but not a member of 

the North Atlantic Treaty Organization (NATO) or that became a 

NATO member after January 1, 1999.

The House bill did not contain a similar provision.

The House recedes with a technical and clarifying 

amendment that further refines the types of training authorized 

under this section to training provided in the course of the 

conduct of a multilateral exercise in which the U.S. Armed 

Forces are a participant and that is comparable to or 

complimentary of training the U.S. Armed Forces receive in the 

course of such multilateral exercises. Training authorized 

under this section would be for certain specified purposes, 

including enhancing the interoperability of the trained forces 

to be able to participate in NATO or coalition operations, or to 
232

increase the capacity of those forces to respond to external 

threats or hybrid warfare. 

SUBTITLE F—MATTERS RELATING TO THE ASIAPACIFIC REGION

Strategy to promote United States interests in the Indo-AsiaPacific region (sec. 1261)

The House bill contained a provision (sec. 1253) that 

would require the President to develop an overall strategy to 

promote U.S. interests in the Indo-Asia-Pacific region and to 

provide policy directives and priority goals to relevant U.S. 

Government departments and agencies.

The Senate amendment contained a similar provision (sec. 

1265) that would require the report to be completed within 120 

days of enactment. 

The Senate recedes with an amendment that would delay the 

date the strategy is due to March 1, 2017.

The Senate bill contained a provision (sec. 1262) that 

would express the sense of the Congress to reaffirm the 

importance of the rebalance to the Asia-Pacific region. In order 

to maintain the credibility of the U.S. policy to rebalance 

towards the Indo-Asia-Pacific theater, the conferees believe it 

is vital that the United States continue to shift forces to the 

region to strengthen the ability of the United States Armed 

Forces to project power to shape the choices of regional states. 

Any reduction or failure to adequately resource U.S. force 

structure in the U.S. Pacific Command would diminish the 

rebalance policy.

The House bill included a number of provisions that would 

express the sense of the Congress regarding the various 

contributions of different allies and partner nations (sec. 

1251, sec. 1252, sec. 1254, sec. 1255, and sec. 1272). 

The conferees note the 70th Anniversary of the end of 

Allied military engagement in the Pacific theater, marking the 

end of the Second World War and joins with a grateful nation in 

expressing respect and appreciation to the members of the U.S. 

Armed Forces who served in the Pacific theater during the Second 

World War. 

Further, the conferees believe any long-term strategy for 

the Indo-Asia-Pacific region must include continued engagement 

with allies and partners in the region. 

The United States values its alliance with the Government 

of Japan as a cornerstone of peace and security in the region. 

The United States welcomes Japan’s decision to contribute more 
233

proactively to regional and global peace and security. 

Furthermore, the conferees note that the Senkaku Islands are 

under the administrative control of Japan. The conferees oppose 

any unilateral actions by a third party that would seek to 

undermine such administration, and remain committed under the 

Treaty of Mutual Cooperation and Security to respond to any 

armed attack in the territories under the administration of 

Japan. Finally, the conferees acknowledge the significant and 

unprecedented financial contributions the Government of Japan 

has made to facilitate U.S. military access in both Japan and 

Guam. 

The conferees also note that the alliance between the 

United States and the Republic of Korea has served as an anchor 

for stability, security, and prosperity on the Korean Peninsula, 

in the Asia-Pacific region, and around the world. The United 

States and the Republic of Korea should continue further 

cooperation by strengthening the combined defense posture on the 

Korean Peninsula and enhancing mutual security based on the 

Republic of Korea-United States Mutual Defense Treaty. The 

conferees support the vision of a Korean Peninsula free of 

nuclear weapons, free from the fear of war, and peacefully 

reunited on the basis of democratic and free market principles. 

Finally, we acknowledge the significant financial contributions 

the Republic of Korea has made to facilitate U.S. military 

access on the Korean Peninsula. 

The conferees note that United States has an upgraded, 

strategic-plus relationship with India based on regional 

cooperation, space science cooperation, and defense cooperation. 

The conferees believe that the defense relationship between the 

United States and the Republic of India is strengthened by the 

common commitment of both countries to liberal democracy should 

continue to expand. Further, we welcome the role of the 

Republic of India in providing security and stability in the 

Indo-Pacific region and beyond, and we support the 

implementation of the United States-India Defense Framework 

Agreement and the India Defense Trade and Technology Initiative 

(DTTI).

Requirement to submit Department of Defense policy regarding 

foreign disclosure or technology release of Aegis Ashore 

capability to Japan (sec. 1262)

The House bill contained a provision (sec. 1256) that 

would express the sense of Congress that a decision by the 

Government of Japan to purchase Aegis Ashore for its selfdefense could create a significant opportunity for promoting 

interoperability and integration of air- and missile defense 
234

capability with close allies, could provide for force 

multiplication benefits, and could potentially alleviate force 

posture requirements on multi-mission assets. This provision 

would also require the Secretary of Defense to submit to the 

appropriate congressional committees, a copy of the Department 

of Defense policy regarding foreign disclosure or technology 

release of Aegis Ashore capability to allies, including Japan, 

that possess sea-based Aegis weapons system-equipped naval 

vessels. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would remove the 

references to other allies and would edit the title of the 

provision to directly reference the Government of Japan.

South China Sea Initiative (sec. 1263)

The Senate amendment contained a provision (sec. 1261) 

that would authorize the Secretary of Defense, with the 

concurrence of the Secretary of State, to provide assistance and 

training for the purposes of increasing maritime security and 

the maritime domain awareness of foreign countries in the South 

China Sea. The provision would authorize $50.0 million from 

amounts authorized to be appropriated for the Department of 

Defense Operation and Maintenance, Defense-wide (OMDW) account 

for fiscal year 2016, with increases in funding levels in 

subsequent fiscal years, to provide assistance to the recipient 

countries, which include Indonesia, Malaysia, the Philippines, 

Thailand, and Vietnam. The provision would require that the 

Secretary of Defense provide prior notification to the 

congressional defense committees not later than 15 days before 

exercising this authority.

The House bill contained no similar provision.

The House recedes with an amendment that would authorize 

$50.0 million from amounts authorized to be appropriated for the 

Department of Defense for fiscal year 2016 only and, if the 

Secretary uses these funds to provide assistance and training 

under this authority during the first half-year of fiscal year 

2016, the Secretary must submit a report to the congressional 

defense committees on the account or accounts that were used to 

provide the funds. The authority to provide assistance and 

training cannot be exercised after September 30, 2020. The 

conferees expect the Department to request additional funding 

for the South China Sea Initiative in fiscal years 2017 through 

2020 as part of the annual budget request. 

SUBTITLE G—OTHER MATTERS
235

Two-year extension and modification of authorization for nonconventional assisted recovery capabilities (sec. 1271)

The House bill contained a provision (sec. 1261) that 

would extend, for 1 year, the authority of the Department of 

Defense to continue to develop, manage, and execute a NonConventional Assisted Recovery (NAR) personnel recovery program 

for isolated Department of Defense (DOD), U.S. Government, and 

other designated personnel supporting U.S. national interests 

worldwide. This section would allow the Secretary of Defense to 

use up to $25.0 million in funds authorized to be appropriated 

for the Department of Defense for operation and maintenance for 

such recovery programs through fiscal year 2017.

The Senate amendment contained a similar provision (sec. 

1282) that would extend the authority of the Department of 

Defense to establish, develop, and maintain NAR capabilities for

2 additional years. The provision would also designate the 

Assistant Secretary of Defense for Special Operations and LowIntensity Conflict (ASD SOLIC) as the primary civilian within 

DOD with programmatic and policy oversight responsibilities for 

such activities.

The House recedes with an amendment that would authorize 

the Secretary of Defense to use up to $25.0 million in funds 

authorized for operation and maintenance for NAR. 

The conferees note that the agreement would designate the 

ASD SOLIC as the primary civilian within DOD with programmatic 

and policy oversight responsibilities for such activities. Given 

the sensitive nature of NAR activities, including the authorized 

use of irregular forces, groups, and individuals, the committee 

believes that ASD SOLIC is the most appropriate civilian office 

within the Department to exercise oversight of such activities 

and associated policies.

Amendment to the annual report under Arms Control and 

Disarmament Act (sec. 1272)

The House bill contained a provision (sec. 1262) that 

would amend subsection (e) of section 403 of the Arms Control 

and Disarmament Act (22 U.S.C. 2593a) and would require the 

Director of National Intelligence to submit to the appropriate 

congressional committees a report that details each instance of 

inconsistent behavior by a state party of an arms control treaty 

or related agreement to which the United States is a party. 

The Senate amendment contained no similar provision.

The Senate recedes. 
236

Extension of authorization to conduct activities to enhance the 

capability of foreign countries to respond to incidents 

involving weapons of mass destruction (sec. 1273)

The House bill contained a provision (sec. 1264) that 

would extend the authority to conduct activities to enhance the 

capability of foreign countries to respond to incidents 

involving weapons of mass destruction from section 1204 of the 

National Defense Authorization Act for Fiscal Year 2014 (Public 

Law 113–66) through September 30, 2020.

The Senate amendment contained a similar provision (sec. 

1203) that would extend the authority for the Secretary of 

Defense to provide Weapons of Mass Destruction incident response 

training and basic equipment to foreign first responders until 

September 30, 2018.

The Senate recedes with an amendment that would extend the 

authority through September 30, 2019.

Modification of authority for support of special operations to 

combat terrorism (sec. 1274)

The House bill contained a provision that would amend the 

authority for support of special operations to combat terrorism 

contained in section 1208 of the Ronald W. Reagan National 

Defense Authorization Act for Fiscal Year 2005 (Public Law 108-

375), as amended, by increasing the annual cap on the authority 

from $75.0 million to $100.0 million.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would increase 

the annual cap on the authority from $75.0 million to $85.0 

million and would require the Secretary of Defense to notify the 

congressional defense committees not later than 15-days prior to 

initiating the authority.

The conferees direct the Secretary of Defense to notify 

the congressional defense committees of funding changes to 

Section 1208 programs when such a proposed increase exceeds 20 

percent of the current approved total for that particular 

program or $500,000, whichever amount is less.

Limitation on availability of funds to implement the Arms Trade 

Treaty (sec. 1275)

The House bill contained a provision (sec. 1270) that 

would limit the Department of Defense’s ability to implement the 

Arms Trade Treaty while also permitting the Department to assist 

foreign governments in bringing their laws and regulations to a 

level equal to that of the United States. 
237

The Senate amendment contained no similar provision. 

The House recedes with a technical amendment. 

The conferees note that a substantively identical 

provision was included in the Carl Levin and Howard P. “Buck” 

McKeon National Defense Authorization Act for fiscal year 2015 

(Public Law 113-291).

Report on the security relationship between the United States 

and the Republic of Cyprus (sec. 1276)

The House bill contained a provision (sec. 1271) that 

would require, not later than 90 days after the enactment of 

this Act, the Secretary of Defense and Secretary of State to 

jointly submit an assessment of the military capability of 

Cyprus to defend against threats to its national security.

The Senate amendment contained a similar provision (sec. 

1274), requiring an assessment of the U.S.-Cyprus bilateral 

security relationship not later than 120 days after the 

enactment of this Act. 

The House recedes.

Sense of Congress on European defense and the North Atlantic 

Treaty Organization (sec. 1277)

The House bill contained a provision (sec. 1280) that 

would express the sense of the Congress that the U.S. should 

continue to work with aspirant countries for entry into the 

North Atlantic Treaty Organization (NATO) and work with NATO 

members to identify current and future security threats as well

as ensuring sufficient funding is obligated to meet NATO 

responsibilities.

The Senate amendment contained a provision (sec. 1254) 

that would express the sense of Congress urging the United 

States to encourage NATO allies to meet defense budget 

commitments made at the Wales Summit in September 2014 and to 

continue to coordinate defense investments to improve deterrence 

against Russian aggression and terrorist organizations as well 

as more appropriately balancing defense spending across the 

alliance.

The House recedes with an amendment that expresses the 

sense of Congress that the United States should continue NATO’s 

open-door policy for nations that share Alliance values, are 

willing to assume the responsibilities and obligations of 

membership, and are in a position to contribute to the security 

of the North Atlantic area, as well as encouraging continued 

work with aspirant countries to prepare for entry into NATO.
238

Briefing on the sale of certain fighter aircraft to Qatar (sec. 

1278)

The Senate amendment contained a provision (sec. 1273) 

that would express the sense of the Senate that the United 

States should promptly consider the sale of fighter aircraft to 

the Government of Qatar and requires a report describing the 

risks and benefits as they relate to such a sale.

The House bill did not contain a similar provision. 

The House recedes with an amendment that would require a 

briefing to certain congressional committees on the risks and 

benefits of the sale of fighter aircraft to Qatar. 

United States-Israel anti-tunnel cooperation (sec. 1279)

The House bill contained a provision (sec. 1267) that 

would establish a cooperative research and development program 

with Israel to develop anti-tunneling defense capabilities to 

detect, map, and neutralize underground tunnels.

The Senate amendment contained a similar provision (sec. 

1272).

The House recedes with an amendment that requires the 

Secretary of Defense to designate an appropriate research and 

development entity of a military department as the lead agency 

of the Department of Defense to carry out this section, 

establishes an annual limit on the amount that can be provided, 

and requires matching contributions from the Government of 

Israel. 

The conferees direct the Secretary of Defense, not later 

than 1 year after the date of the enactment of this Act, to 

submit to congressional defense committees a report that 

includes: (1) instances of tunnels being used to attack 

installations of the United States or allies of the United 

States; (2) trends or developments in tunnel attacks throughout 

the world; (3) key technologies employed by potential 

adversaries and challenges faced when using tunnels; (4) the 

capabilities of the Department of Defense for defending fixed or 

forward locations from tunnel attacks; (5) the plans, including 

with respect to funding, of the Secretary for countering threats 

posed by tunnels. 

NATO Special Operations Headquarters (sec. 1280)

The House bill contained a provision (sec. 1263) that 

would make permanent the authority for the North Atlantic Treaty 

Organization Special Operations Headquarters, as first 
239

authorized in section 1244(a) of the National Defense 

Authorization Act for Fiscal Year 2010 (Public Law 111–84).

The Senate amendment contained a similar provision (sec. 

1281) that would extend, for 3 years, the authority under 

section 1244(a) of the National Defense Authorization Act for 

Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2541), as most 

recently amended by section 1272(a) of the National Defense 

Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 

Stat. 2023).

The Senate recedes with an amendment that would extend, 

for 5 years, the authority for the North Atlantic Treaty 

Organization Special Operations Headquarters.

Increased presence of United States ground forces in Eastern 

Europe to deter aggression on the border of the North Atlantic 

Treaty Organization (sec. 1281)

The House bill contained a provision (sec. 1274) that 

would require the Secretary of Defense to submit a report on the 

impact of any significant reduction in United States troop 

levels or materiel in Europe on the North Atlantic Treaty 

Organization’s ability to credibly deter, resist, or repel 

external threats, not later than 30 days prior to the date of 

such reduction.

The Senate amendment contained a provision (sec. 1253) 

that would require, no later than 120 days after the enactment 

of this Act, that the Secretary of Defense, in consultation with 

the Secretary of State, submit to the congressional defense 

committees an assessment of options for expanding the presence 

of U.S. ground forces in Eastern Europe to respond, with 

European allies and partners, to the security challenges posed 

by Russia with a report that would include an evaluation of the 

optimal location(s) of the enhanced ground force presence and a 

description of any initiatives by other members of NATO, or 

other European allies and partners. 

The House recedes with an amendment that would create an 

additional element of the report required by this section to 

assess the impact of any significant reduction in U.S. troop 

levels or material in Europe on U.S. national security interests 

in Europe. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Report on efforts to engage United States manufacturers in 

procurement opportunities related to equipping the Afghan 

National Security Forces
240

The House bill contained a provision (sec. 1217) that 

would require, not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense and the 

Secretary of State to submit a report on efforts of the 

Secretaries to engage United States manufacturers in procurement 

opportunities related to equipping the Afghan National Security 

Forces.

The Senate amendment contained no similar provision.

The House recedes. 

The conferees direct the Secretary of Defense, with the 

concurrence of the Secretary of State, to provide a report to 

the congressional defense committees, within 180 days of the 

enactment of this Act, on efforts of the Secretaries to engage 

United States manufacturers and service providers in procurement 

and service provision opportunities related to equipping and 

supporting the Afghan National Defense Security Forces.

Report on access to financial records of the Government of 

Afghanistan to audit the use of funds for assistance for 

Afghanistan

The House bill contained a provision (sec. 1218) that 

would require the Special Inspector General for Afghanistan 

Reconstruction (SIGAR) to submit to Congress, not later than 

December 31, 2016, a report on the extent to which the Office of 

SIGAR has adequate access to financial records of the Government 

of Afghanistan to audit the use of funds authorized by this Act 

or otherwise made available for fiscal year 2016.

The Senate amendment contained no similar provision.

The House recedes.

The conferees direct the Lead Inspector General for 

Operation Freedom’s Sentinel to brief the congressional defense 

committees on the extent to which the Inspector General has 

access to financial records of the Government of Afghanistan to 

audit the use of funds authorized to be appropriated by this 

Act.

Sense of Congress relating to Dr. Shakil Afridi

The House bill contained a provision (sec. 1219) that 

would express the sense of Congress that Dr. Shakil Afridi, a 

Pakistani physician who helped the United States locate Osama 

bin Laden, is an international hero and that the Government of 

Pakistan should release him immediately from prison.

The Senate amendment contained no similar provision.

The House recedes.
241

The conferees note the contributions of Dr. Afridi to 

efforts to locate Osama bin Laden, remain concerned about Dr. 

Afridi’s continuing incarceration, and urge the Government of 

Pakistan to release him immediately. 

Report on lines of communication of Islamic State of Iraq and 

the Levant and other foreign terrorist organizations

The Senate amendment contained a provision (sec. 1226) 

that would that would require the Secretary of Defense to submit 

a report on the lines of communication that enable the Islamic 

State of Iraq and the Levant, Jabhat al-Nusra, and other foreign 

terrorist organizations that facilitate assistance through 

countries bordering on Syria.

The House bill did not contain a similar provision.

The Senate recedes.

The conferees are concerned with the lines of 

communication that enable the Islamic State of Iraq and the 

Levant and other terrorist organizations in Syria and Iraq and 

urge the administration to address such lines of communication 

in its campaign strategy. 

Report on efforts of Turkey to fight terrorism

The House bill contained a provision (sec. 1227) that 

would require the Secretary of Defense to submit a report to 

Congress, not later than 180 days after the date of the 

enactment of this Act, on: Turkey’s bilateral and multilateral 

efforts to combat the flow of foreign fighters through its 

country to Syria; relationship with Hamas, including its 

harboring of leaders of Hamas; and efforts to fight terrorism, 

including its military and humanitarian role in the coalition to 

combat the Islamic State of Iraq and the Levant.

The Senate amendment contained no similar provision.

The House recedes.

The conferees note the requirement for an assessment of 

efforts to combat the flow of foreign fighters to and from Syria 

and Iraq is included in another provision of this Act. 

Report to assess the potential effectiveness of and requirements 

for the establishment of safe zones or a no-fly zone in Syria

The House bill contained a provision (sec. 1228) that 

would require, no later than 90 days after the date of enactment 

of this Act, the Secretary of Defense, in consultation with the 

Secretary of State, to submit a report that would assesses the 

potential effectiveness, risks, and operational requirements of 
242

the establishment and maintenance of a no-fly zone over part or 

all of Syria, as well as such effectiveness, risks, and 

operational requirements for internally displaced people or for 

the facilitation of humanitarian assistance. 

The Senate amendment contained no similar provision.

The House recedes.

The conferees direct the Secretary of Defense, in 

consultation with the Secretary of State, to provide a report to 

the Committees on Armed Services of the House of Representatives 

and the Senate, the Senate Foreign Relations Committee and the 

House Foreign Affairs Committee, not later than 180 days after 

the enactment of this Act, that assesses the potential 

effectiveness, risks and operational requirements, including 

legal requirements, to establish and maintain: (1) a no-fly 

zone over a significant portion or all of Syria; and (2) one or 

more safe zones in Syria for internally displaced people or for 

the facilitation of humanitarian assistance.

Report on military posture required in the Middle East to deter 

Iran from developing a nuclear weapon

The House bill contained a provision (sec. 1233) that 

would require the Secretary of Defense to submit a report to 

Congress, not later than 90 days after this Act, regarding the 

military posture required in the Middle East to deter Iran from 

developing a nuclear weapon. 

The Senate amendment contained no similar provision.

The House recedes.

The conferees direct the Secretary of Defense to provide a 

briefing not later than 120 days after the enactment of this Act 

to the Committees on Armed Services of the House of 

Representatives and the Senate on the U.S. force posture 

required to protect U.S. national interests and deter Iranian 

aggression in the Middle East.

Sense of Congress on support for Estonia, Latvia, and Lithuania

The House bill contained a provision (sec. 1245) that 

would express the sense of Congress on U.S. support for Estonia, 

Latvia, and Lithuania, including support for their sovereignty, 

concern over aggressive military actions of the Russian 

Federation against these nations, and encouragement for further 

defense cooperation between the United States and these nations.

The Senate amendment contained no similar provision. 

The House recedes.

The conferees note Estonia, Latvia, Lithuania and Georgia 

are highly valued allies and friends of the United States that 
243

have repeatedly demonstrated commitment to advancing our mutual 

interests and those of NATO. The conferees reaffirm United 

States support for the sovereignty, independence, and 

territorial integrity along internationally recognized borders 

of these nations and express concern over increasingly 

aggressive military maneuvering by Russia near or within their 

borders or airspace. The conferees also emphasize their support 

for the U.S. policy of not recognizing the Russia-occupied 

regions of Abkhazia and South Ossetia as independent states. 

Additionally, the conferees encourage the Administration to 

further enhance defensive security cooperation with these valued 

security allies and partners and support the efforts of their 

respective governments to provide for the defense of their 

people and sovereign territory. 

Sense of Congress on support for Georgia

The House bill contained a provision (sec. 1246) that 

would express the sense of Congress on U.S. support for 

Georgia’s sovereignty and territorial integrity as well as 

support for continued cooperation between the United States and 

Georgia.

The Senate amendment contained no similar provision.

The House recedes.

The conferees note the continued support for a North 

Atlantic Treaty Organization Membership Action Plan for Georgia 

is included in another provision of this Act and concerns 

regarding Russian aggression against the sovereignty and 

territorial integrity of Georgia appear elsewhere in this 

conference report. 

Sense of Congress recognizing the 70th anniversary of the end of 

Allied military engagement in the Pacific theater

The House bill contained a provision (sec. 1251) that 

would express the sense of the Congress to remember and honor 

those Americans who made the ultimate sacrifice and gave their 

lives for their country during the campaigns in the Pacific 

theater during the Second World War.

The Senate amendment contained no similar provision.

The conference agreement does not include this provision.

The conferees note that this provision is discussed 

elsewhere in this report.

Sense of Congress regarding consolidation of United States 

military facilities in Okinawa, Japan
244

The House bill contained a provision (sec. 1252) that 

would express the sense of Congress regarding the progress to 

fulfill the April 27, 2012 agreement of the United States-Japan 

Security Consultative Committee on the realignment of U.S. 

facilitates in Okinawa, Japan.

The Senate amendment contained no similar provision.

The House recedes. 

The conferees note the significant progress that has been 

made towards implementing the Okinawa Consolidation Plan, to 

include the approval of the landfill permit on December 27, 

2013, which cleared the way for the construction of the Futenma 

Replacement Facility. The conferees encourage continued 

progress towards implementation of the “2+2 agreement,” as 

restated in the April 27, 2015 Joint Statement, which is 

critical to the bilateral security interests of the United 

States and Japan.

Sense of Congress on the United States alliance with Japan

The House bill contained a provision (sec. 1254) that 

would express the sense of Congress on the U.S. alliance with 

Japan, including that the United States highly values the 

alliance with the Government of Japan, supports recent changes 

in Japanese defense policy and the new bilateral guidelines for 

U.S.-Japan defense cooperation, and reaffirms the U.S. 

commitment to the alliance.

The Senate amendment contained no similar provision.

The House recedes. 

The conferees note the matters addressed in the House 

provision are addressed elsewhere in the conference agreement.

Sense of Congress on opportunities to enhance the United States 

alliance with the Republic of Korea

The House bill contained a provision (sec. 1255) that 

would express the sense of Congress on opportunities to deepen 

and broaden the scope of alliance cooperation between the United 

States and the Republic of Korea based on the alliance’s role as 

an anchor for stability, security, and prosperity on the Korean 

Peninsula, Asia-Pacific region, and around the world.

The Senate amendment contained no similar provision.

The House recedes. 

The conferees note the matters addressed in the House 

provision are addressed elsewhere in the conference agreement.

Requirement to invite the military forces of Taiwan to 

participate in RIMPAC exercises
245

The House bill contained a provision (sec. 1257) requiring 

the Secretary of Defense to invite the military forces of Taiwan 

to participate in the Rim of the Pacific Exercise if the 

Secretary has invited the military forces of the People’s 

Republic of China to participate in such maritime exercise.

The Senate amendment contained no similar provision.

The House recedes. 

The conferees note the matters addressed in the House 

provision are addressed elsewhere in the conference agreement.

Sense of Congress reaffirming the importance of implementing the 

rebalance to the Asia-Pacific region

The Senate amendment contained a provision (sec. 1262) 

that would express the sense of Congress that the United States 

continue to implement the rebalance of U.S. forces to the AsiaPacific region and that forces should be increased consistent 

with commitments already made by the Department of Defense.

The House bill contained no similar provision.

The House recedes. 

The conferees note the matters addressed in the House 

provision are addressed elsewhere in the conference agreement.

Sense of Senate on Taiwan asymmetric military capabilities and 

bilateral training activities

The Senate amendment contained a provision (sec. 1263) 

that would express the sense of the Senate on Taiwan’s 

asymmetric military capabilities and bilateral training 

activities.

The House bill did not contain a similar provision. 

The Senate recedes. 

The Senate amendment contained a provision (sec. 1264) 

that would encourage the Secretary of Defense to carry out a 

program of exchanges of senior military officers and senior 

officials between the United States and Taiwan to improve 

military to military relations between the United States and 

Taiwan.

The House bill contained a provision (sec. 1257) that 

would require the Secretary of Defense to invite the military 

forces of Taiwan to participate in the Rim of the Pacific 

Exercise if the Secretary has invited the military forces of the 

People’s Republic of China.

The Senate amendment also contained a provision (sec. 

1263) that would express the sense of the Senate on Taiwan’s 

asymmetric military capabilities and bilateral training 

activities.
246

The conferees believe that the United States, in 

accordance with the Taiwan Relations Act (Public Law 96–8), 

should continue to make available to Taiwan such defense 

articles and services as may be necessary to enable Taiwan to 

maintain a sufficient self-defense. The United States should 

continue to support the efforts of Taiwan to integrate 

innovative and asymmetric capabilities to balance the growing 

military capabilities of the People’s Republic of China, 

including fast-attack craft, coastal-defense cruise missiles, 

rapid-runway repair systems, offensive mines, and submarines 

optimized for defense of the Taiwan straits. With regards to 

training, the conferees believe the military forces of Taiwan 

should be permitted to participate in bilateral training 

activities hosted by the United States that increase credible 

deterrent capabilities of Taiwan, particularly those that 

emphasize the defense of Taiwan Island from missile attack, 

maritime blockade, and amphibious invasion by the People’s 

Republic of China. Toward this end, the conferees believe that 

Taiwan should be encouraged to participate in exercises that 

include realistic air-to-air combat training, including the 

exercise conducted at Eielson Air Force Base, Alaska, and Nellis 

Air Force Base, Nevada, commonly referred to as “Red Flag.” 

The conferees recommend that the Secretary of Defense 

carry out a program of exchanges of military officers between 

the United States and Taiwan designed to improve military-tomilitary relations between the United States and Taiwan. The 

officer exchanges should include field-grade officers, 

particularly officers with combat and specialized experience, 

and general officers, who can provide support to Taiwan to 

develop and improve its joint warfighting capabilities.

The conferees also note that section 1259A of the Fiscal 

Year 2015 National Defense Authorization Act (P.L. 113-291) 

includes the conferees recommendation on inviting Taiwan to the 

humanitarian assistance and disaster relief portions of 

multilateral exercises.

Military exchanges between senior officers and officials of the 

United States and Taiwan

The Senate amendment contained a provision (sec. 1264) 

authorizing the Department of Defense to conduct exchanges 

between senior military officers and senior officials focused on 

a variety of subjects between the United States and Taiwan 

designed to improve military-to-military relations between those 

two countries.

The House bill contained no similar provision.

The Senate recedes. 
247

The conferees note the matters addressed in the House 

provision are addressed elsewhere in the conference agreement.

Efforts of the Department of Defense to prevent and respond to 

gender-based violence globally

The House bill contained a provision (sec. 1268) that 

would express a series of findings and a statement of policy on 

preventing and responding to gender-based violence globally, and 

require the Secretary of Defense to submit a report to certain 

congressional committees on the Department of Defense’s 

implementation efforts of the U.S. Strategy to Prevent and 

Respond to Gender-Based Violence Globally.

The Senate amendment contained no similar provision.

The House recedes.

The conferees believe that gender-based violence 

undermines the health, economic stability, and security of 

nations which, in turn, has an impact on United States 

interests. The committee notes that the United States Global 

Strategy on Gender-based Violence Prevention and Response 

requires the participation of the Department of Defense (DOD) in 

efforts to implement the strategy. The conferees encourage the 

continued efforts of the DOD in support of the United States 

Global Strategy on Gender-based Violence Prevention and 

Response. 

Additionally, the conferees direct the Secretary of 

Defense, not later than 180 days after the enactment of this 

Act, to provide to the Committee on Armed Services of the Senate 

and House of Representatives and the Committee on Foreign 

Relations of the Senate and the Committee on Foreign Affairs of 

the House of Representatives, a report on efforts to prevent and 

respond to gender-based violence globally in support of the 

United States’ strategy, including a description of the efforts 

of DOD in the Interagency Working Group to implement the 

international gender-based violence prevention and response 

strategy and an assessment of the human and financial resources 

necessary to fulfill the purpose and duties of such strategy.

Combating crime through intelligence capabilities

The House bill contained a provision (sec. 1269) that 

would authorize the Secretary of Defense to deploy assets, 

personnel, and resources to United States Southern Command to 

combat transnational criminal organizations by supplying 

sufficient intelligence, surveillance, and reconnaissance 

capabilities.

The Senate amendment contained no similar provision.
248

The House recedes.

The conferees note that JIATF-S continues to contribute to 

United States Southern Command’s detection and monitoring and 

countering-transnational organized crime mission. The conferees 

encourage the Department ensure Joint Interagency Task ForceSouth has sufficient assets, personnel, and resources to fulfill 

its mandate. 

Sense of Congress on the defense relationship between the United 

States and the Republic of India

The House bill contained a provision (sec. 1272) that 

would express the sense of Congress on the defense relationship 

between the United States and the Republic of India based on 

both countries’ common interests and commitments to stability, 

security, and democracy.

The Senate amendment contained no similar provision.

The House recedes. 

The conferees note the matters addressed in the House 

provision are addressed elsewhere in the conference agreement.

Sense of Congress on evacuation of United States citizens and 

nationals from Yemen

The House bill contained a provision (sec. 1273) that 

would express the sense of Congress that the President should 

exercise all available authorities as expeditiously as possible 

to evacuate United States citizens and nationals from Yemen.

The Senate amendment contained no similar provision.

The House recedes. 

The conferees encourage the President to work with 

international partners, to the extent practicable, to protect 

non-combatants and assist in the evacuation of U.S. Citizens and 

nationals as well as the citizens and nationals of other states 

from Yemen. 

Report on violence and cartel activity in Mexico

The House bill contained a provision (sec. 1275) that 

would require the Secretary of Defense to submit a report on 

violence and cartel activity in Mexico and the impact of such on 

United States national security. 

The Senate amendment contained no similar provision.

The House recedes.

The conferees note that ongoing violence associated with 

transnational organized crime poses a threat to the security 

interests of Mexico and the United States. The conferees 
249

recognize the shared commitment of the United States and Mexico 

to combat this threat and expect the Secretary of Defense to 

update periodically the Committees Armed Services of the House 

of Representatives and the Senate on the Department’s security 

cooperation activities with the Government of Mexico.

Report on actions to ensure Qatar is preventing terrorist 

leaders and financiers from operating in its country

The House bill contained a provision (sec. 1276) that 

would express the sense of Congress that Qatar is an important 

partner in the region, has played a significant role in fighting 

the Islamic State of Iraq and the Levant (ISIL) and that the 

United States should do everything in its power to encourage 

Qatar to crack down on terrorist leaders and financiers who are 

operating in its country. The provision would require that, not 

later than 180 days after the date of the enactment of this Act, 

the President shall submit to Congress a report on actions taken 

by the United States Government to ensure that Qatar is 

preventing terrorist leaders and financiers from operating in 

its country.

The Senate amendment contained no similar provision.

The House recedes.

The conferees direct the President or appropriate 

department or agency head(s), not later than 180 days after the 

date of the enactment of this Act, to provide to the Committees 

on Armed Services of the House of Representatives and the 

Senate, a briefing on actions taken by the United States 

Government to urge the government of Qatar to ensure that it is 

working to ensure that no foreign terrorist organizations or 

their leaders are operating in Qatar.

United States support for Jordan

The House bill contained a provision (sec. 1277) that 

would express the sense of Congress that the United States 

should continue to support Jordan’s military efforts to counter 

violent extremism and enhance regional stability.

The Senate amendment contained no similar provision.

The House recedes.

The conferees note the authorization of reimbursable 

assistance to Jordan for border security elsewhere in this Act. 

Report on United States efforts to combat Boko Haram and support 

regional allies and other partners
250

The House bill contained a provision (sec. 1278) that 

would require, not later than 90 days after enactment of this 

Act, the Secretary of Defense and the Secretary of State to 

jointly submit a report on the assessment of the threat of Boko 

Haram to United States national security, as well as a 

description of U.S. efforts to combat Boko Haram. 

The Senate amendment contained no similar provision.

The House recedes. 

The conferees direct the Secretary of Defense and the 

Secretary of State not later than 180 days after enactment to 

submit to the appropriate congressional committees a report that 

includes the following:

(1) An assessment of the threat posed by Boko Haram 

to United States national security interests in Nigeria, the 

region, and homeland;

(2) A description of United States efforts to combat 

Boko Haram, including the authorities to carry out such efforts 

and the roles and missions of the Department of Defense and 

Department of State;

(3) A description of United States humanitarian 

support to civilian populations impacted by Boko Haram’s 

activity; 

(4) A description of United States activities to 

enhance the capacity of supported regional partners to 

investigate and prosecute human rights violations and promote 

respect for the rule of law;

(5) A description of military equipment, supplies, 

training, and other defense articles and services, including by 

type, quantity, and prioritization of such items, required to 

combat Boko Haram effectively and the gaps within regional 

allies to engage in the mission to combat Boko Haram;

(6) A description of military equipment, supplies, 

training, and other defense articles and services, including by 

type, quantity, and actual or estimated delivery date, that the 

United States Government has provided, is providing, and plans 

to provide to regional allies and other partners to combat Boko 

Haram as well as a description of associated plans to sustain 

United States provided equipment and capabilities; and

(7) A description of support received by the 

Nigerian military from other foreign governments.

The report required shall be, to the extent practicable, 

submitted in unclassified form, but may contain a classified 

annex.

Sense of Congress on United States support for Tunisia
251

The House bill contained a provision (sec. 1279) that 

would express a sense of the Congress that it is a national 

security priority of the United States to support and cooperate 

with Tunisia by providing assistance to combat the growing 

terrorist threat from the Islamic State of Iraq and the Levant 

(ISIL) or other terrorist organizations.

The Senate amendment contained no similar provisions. 

The House recedes.

The conferees note the importance of a secure and stable 

Tunisia to counter the threat posed by the Islamic State of Iraq 

and the Levant and other terrorist organizations in North Africa 

and encourages the provision of United States assistance to 

Tunisia.

TITLE XIII—COOPERATIVE THREAT REDUCTION

SUBTITLE A—FUNDING ALLOCATIONS

Specification of Cooperative Threat Reduction funds (sec. 1301)

The House bill contained a provision (sec. 1301) that 

would define Cooperative Threat Reduction programs and funds and 

make funds appropriated for the Department of Defense 

Cooperative Threat Reduction Program available for fiscal years 

2016, 2017, and 2018. 

The Senate amendment contained an almost identical 

provision, with a technical difference (sec. 1301).

The House recedes.

Funding allocations (sec. 1302)

The House bill contained a provision (sec. 1302) that 

would specify funding allocations for each program under the 

Department of Defense Cooperative Threat Reduction program.

The Senate amendment contained a similar provision (sec. 

1302). 

The Senate recedes with a technical amendment.

TITLE XIV—OTHER AUTHORIZATIONS

SUBTITLE A—MILITARY PROGRAMS

Working Capital Funds (sec. 1401)
252

The House bill contained a provision (sec. 1401) that 

would authorize the appropriations for the defense working 

capital and revolving funds at the levels identified in section 

4501 of division D of this Act.

The Senate bill contained an identical provision (sec. 

1401). 

The conference agreement includes this provision.

National Defense Sealift Fund (sec. 1402)

The House bill contained a provision (sec. 1402) that 

would authorize the appropriations for the National Defense 

Sealift Fund in section 4501 of division D of this Act. 

The Senate bill contained an identical provision (sec. 

1402). 

The conference agreement includes this provision.

Chemical Agents and Munitions Destruction, Defense (sec. 1403)

The House bill contained a provision (sec. 1403) that 

would authorize the appropriations for Chemical Agents and 

Munitions Destruction, Defense, at levels identified in section 

4501 of division D of this Act.

The Senate bill contained an identical provision (sec. 

1403). 

The conference agreement includes this provision.

Drug Interdiction and Counter-Drug Activities, Defense-Wide 

(sec. 1404)

The House bill contained a provision (sec. 1404) that 

would authorize the appropriations for Drug Interdiction and 

Counter-Drug Activities, Defense-Wide, at the levels identified 

in section 4501 of division D of this Act.

The Senate bill contained an identical provision (sec. 

1404). 

The conference agreement includes this provision.

Defense Inspector General (sec. 1405)

The House bill contained a provision (sec. 1405) that 

would authorize the appropriations for the Office of the 

Inspector General of the Department of Defense at the levels 

identified in section 4501 of division D of this Act. 

The Senate bill contained an identical provision (sec. 

1405). 

The conference agreement includes this provision.
253

Defense Health Program (sec. 1406)

The House bill contained a provision (sec. 1406) that 

would authorize appropriations for the Defense Health Program 

activities at the levels identified in section 4501 of division 

D of this Act. 

The Senate bill contained an identical provision (sec. 

1406). 

The conference agreement includes this provision.

National Sea-Based Deterrence Fund (sec. 1407)

The House bill contained a provision (sec. 1407) that 

would authorize appropriations for the National Sea-Based 

Deterrence Fund activities at the levels identified in section 

4501 of division D of this Act.

The Senate bill contained no similar provision. 

The Senate recedes with an amendment that would authorize 

to be appropriated sums as may be necessary for fiscal year 

2017. 

SUBTITLE B—NATIONAL DEFENSE STOCKPILE

Extension of date for completion of destruction of existing 

stockpile of lethal chemical agents and munitions (sec. 1411)

The House contained a provision to extend the completion 

date for the destruction of the existing stockpile of lethal 

chemical agents and munitions from December 31, 2017 to December 

31, 2023.

The Senate contained no similar provision. 

The Senate recedes. 

SUBTITLE C—WORKING CAPITAL FUNDS

Limitation on cessation or suspension of distribution of funds 

from Department of Defense working capital funds (sec. 1421)

The House bill contained a provision (sec. 1421) that 

would prohibit the Secretary of Defense or Secretary of any 

military department from furloughing any employee of the 

Department of Defense whose salary is funded by working capital 

funds with certain exceptions.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would specify 

that the Secretary of Defense may not cease funding current 
254

projects being completed by indirectly funded government 

employees of the Department of Defense who are paid out of 

working-capital funds. The conferees note that this provision 

shall not be construed to provide for the exclusion of any 

particular category of employees of the Department of Defense 

from furlough. 

Working capital fund reserve account for petroleum market price 

fluctuations (sec. 1422)

The House bill contained a provision (sec. 1422) that 

would amend Section 2208 of title 10, United States Code, by 

including a market fluctuation account for the purchase of 

petroleum. 

The Senate amendment contained no similar provision. 

The Senate recedes.

SUBTITLE D—OTHER MATTERS

Authority for transfer of funds to Joint Department of DefenseDepartment of Veterans Affairs Medical Facility Demonstration 

Fund for Captain James A. Lovell Health Care Center, Illinois 

(sec. 1431)

The House bill contained a provision (sec. 1431) that 

would authorize the Secretary of Defense to transfer $120.4 

million to the Joint Department of Defense-Department of 

Veterans Affairs Medical Facility Demonstration Fund for 

operations of the Captain James A. Lovell Federal Health Care 

Center, consisting of the North Chicago Veterans Affairs Medical 

Center, the Navy Ambulatory Care Center, and supporting 

facilities. 

The Senate amendment contained a similar provision (sec. 

1411).

The Senate recedes.

Authorization of appropriations for Armed Forces Retirement Home 

(sec. 1432)

The House bill contained a provision (sec. 1432) that 

would authorize appropriations of $64.3 million for the Armed 

Forces Retirement Home for fiscal year 2016.

The Senate amendment contained an identical provision 

(sec. 1412). 

The conference agreement includes this provision.
255

LEGISLATIVE PROVISIONS NOT ADOPTED

Inspections of the Armed Forces Retirement Home by the Inspector 

General of the Department of Defense

The Senate amendment contained a provision (sec. 1413) 

that would amend section 1518 of the Armed Forces Retirement 

Home Act of 1991 (24 U.S.C. 418) to require the Inspector 

General of the Department of Defense to conduct an inspection of 

the Armed Forces Retirement Home not less than once every 3 

years and to authorize the Inspector General to determine the 

scope of the inspection through a risk-based analysis of the 

operations of the home. 

The House bill contained no similar provision.

The Senate recedes.

TITLE XV—AUTHORIZATION OF ADDITIONAL 

APPROPRIATIONS FOR OVERSEAS CONTINGENCY 

OPERATIONS

SUBTITLE A—AUTHORIZATION OF APPROPRIATIONS

Purpose and treatment of certain authorizations of 

appropriations (sec. 1501)

The House bill contained a provision (sec. 1501) that 

would establish the purpose of this title and make authorization 

of appropriations available upon enactment of this Act for the 

Department of Defense, in addition to amounts otherwise 

authorized in this Act, to provide for additional costs due to 

overseas contingency operations and other additional funding 

requirements. The provision also includes clarification on the 

treatment of these funds.

The Senate bill contained a similar provision that would 

establish this title and make authorization of appropriations 

available upon enactment of this Act for the Department of 

Defense, in addition to amounts otherwise authorized in this 

Act. 

The Senate recedes with an amendment that includes 

language from the Senate provision section 1003, stating if an 

act is enacted at a later date that would revise the 

discretionary spending limits for fiscal year 2016, the amount 

authorized to be appropriated by section 1504 and no greater 

than the increase to the revised security category will be 

deemed as authorized to be appropriated by section 301.
256

Procurement (sec. 1502)

The House bill contained a provision (sec. 1502) that 

would authorize the additional appropriation for procurement 

activities at the levels identified in section 4102 of division 

D of this Act. 

The Senate bill contained an identical provision (sec. 

1503). 

The conference agreement includes this provision.

Research, development, test, and evaluation (sec. 1503)

The House bill contained a provision (sec. 1503) that 

would authorize the additional appropriation for research, 

development, test, and evaluation activities at the levels 

identified in section 4202 of division D of this Act.

The Senate bill contained an identical provision (sec. 

1504). 

The conference agreement includes this provision.

Operation and maintenance (sec. 1504)

The House bill contained a provision (sec. 1504) that 

would authorize additional appropriations for operation and 

maintenance programs at the levels identified in sections 4302 

and 4303 of division D of this Act. 

The Senate amendment contained a provision (sec. 1505) 

that would authorize the additional appropriations for operation 

and maintenance activities at the levels identified in section 

4302 of division D of this Act. 

The Senate recedes with an amendment. 

Military personnel (sec. 1505)

The House bill contained a provision (sec. 1505) that 

would authorize the additional appropriations for military 

personnel activities at the levels identified in section 4402 of 

division D of this Act.

The Senate bill contained an identical provision (sec. 

1506). 

The conference agreement includes this provision.

Working capital funds (sec. 1506)

The House bill contained a provision (sec. 1506) that 

would authorize the additional appropriations for defense 
257

working capital and revolving funds at the levels identified in 

section 4502 of division D of this Act. 

The Senate bill contained an identical provision (sec. 

1507). 

The conference agreement includes this provision.

Drug Interdiction and Counter-Drug Activities, Defense-Wide 

(sec. 1507)

The House bill contained a provision (sec. 1507) that 

would authorize the additional appropriations for the Drug 

Interdiction and Counter-Drug Activities, Defense-Wide at the 

levels identified in section 4502 of division D of this Act.

The Senate bill contained an identical provision (sec. 

1508). 

The conference agreement includes this provision.

Defense Inspector General (sec. 1508)

The House bill contained a provision (sec. 1508) that 

would authorize the additional appropriations for the Office of 

the Inspector General of the Department of Defense identified in 

section 4502 of division D of this Act. 

The Senate bill contained an identical provision (sec. 

1509). 

The conference agreement includes this provision.

Defense Health Program (sec. 1509)

The House bill contained a provision (sec. 1509) that 

would authorize the additional appropriations for the Defense 

Health Program activities identified in section 4502 of division 

D of this Act.

The Senate bill contained an identical provision (sec. 

1510). 

The conference agreement includes this provision.

Counterterrorism Partnership Fund (sec. 1510)

The Senate bill contained a provision (sec. 1511) that 

would authorize the additional appropriations for the 

Counterterrorism Partnership Fund at the levels identified in 

section 4502 of division D of this Act. Amounts authorized in 

this fund will be available for obligations for 2 fiscal years. 

The House bill contained no similar provision. 

The House recedes. 
258

SUBTITLE B—FINANCIAL MATTERS

Treatment as additional authorizations (sec. 1521)

The House bill contained a provision (sec. 1521) that 

would state that the amounts authorized to be appropriated in 

this title are in addition to amounts otherwise authorized to be 

appropriated by this Act. 

The Senate bill contained an identical provision (sec. 

1521). 

The conference agreement includes this provision.

Special transfer authority (sec. 1522)

The House bill contained a provision (sec. 1522) that 

would allow the Secretary of Defense to transfer up to $3.5 

billion of additional war-related funding authorizations in this 

title among the accounts in this title.

The Senate bill contained a provision (sec.1522) that 

would allow the Secretary of Defense to transfer up to $4.0 

billion of additional war-related funding authorizations in this 

title among the accounts in this title.

The Senate recedes.

SUBTITLE C—LIMITATIONS, REPORTS, AND OTHER 

MATTERS

Afghanistan Security Forces Fund (sec. 1531)

The House bill contained a provision (sec. 1541) that 

would continue the existing limitation on the use of the 

Afghanistan Security Forces Fund (ASFF) for fiscal year 2016, 

would require $50.0 million to be used for the recruitment and 

retention of women in the Afghanistan National Security Forces 

(ANSF), and would require reporting on inventory of facilities 

and services that are lacking adequate resources for Afghan 

female service members and police, as well as a plan to address 

the short-comings of facilities and services.

The Senate amendment contained similar provisions (sec. 

1209, 1531) that would require $10.0 million of the ASFF be used 

for recruitment and retention of women in the ANSF. 

The House recedes with an amendment that would continue 

the existing limitation on the use of ASFF for fiscal year 2016, 

and would require that of the funds available to the Department 

of Defense for the Afghanistan Security Forces Fund for fiscal 
259

year 2016, the Secretary shall use not less than $10.0 million, 

with the goal of using $25.0 million, to support, to the extent 

practicable, the efforts of the Government of Afghanistan to 

promote the security of Afghan women and girls. This section 

also would require the Secretary of Defense, with the 

concurrence of the Secretary of State, to report on a plan to 

promote the security of Afghan women.

Joint Improvised Explosive Device Defeat Fund (sec. 1532)

The House bill contained a provision (sec. 1542) that 

would authorize various transfer authorities, reporting 

requirements, and other associated activities for the Joint 

Improvised Explosive Device (IED) Defeat Fund during fiscal year 

2016, and would modify the implementation requirements 

associated with the plan for consolidation and alignment of 

rapid acquisition organizations. 

The Senate amendment contained a similar provision (sec. 

1532) that would authorize the Joint IED Defeat Fund and provide 

the Secretary of Defense with the authority to investigate, 

develop and provide equipment, supplies, services, training, 

facilities, personnel, and funds to assist in the defeat of 

improvised explosive devices for operations in Afghanistan, 

Iraq, Syria, and other operations or military missions 

designated by the Secretary.

The House recedes with an amendment that would prohibit 

the transition of the Joint IED Defeat Organization to a combat 

support agency, require the Secretary of Defense to provide a 

plan by January 31, 2016 for the activities, functions, and 

resources of Joint IED Defeat Organization to be fully and 

completely transitioned to an office under the authority, 

direction, and control of an executive agent by September 30, 

2016. Additionally, if the full transition is not complete by 

September 30, 2016 none of the funds in the Joint IED Defeat 

Fund would be available to the Department of Defense after 

September 30, 2016. 

The conferees urge the Secretary of Defense to provide 

information to the Committee on Foreign Affairs of the House of 

Representatives and Senate Committee on Foreign Relations for 

any activities conducted pursuant to subsection (b). 

The conferees understand that as of March 11, 2015, the 

Deputy Secretary of Defense formally initiated the transition of 

the Joint IED Defeat Organization to a new combat support agency 

named the Joint Improvised-Threat Agency (JIDA) with the Under 

Secretary of Defense for Acquisition, Technology, and Logistics 

as the component lead. The conferees have concerns regarding 

this current transition and believe a new strategy and 
260

implementation plan is required that would provide for a more 

streamlined approach to integrating the roles, missions, and 

activities of the JIDA into an existing military department, 

rather than establishing a new combat support agency within the 

Office of the Secretary of Defense. This would create reduced 

overhead management costs while maintaining institutional core 

knowledge for counter defeat and detection capabilities for IEDs 

and other improvised threats. The intent of this required new 

transition so not to disrupt ongoing, near-term counter-IED 

activities in support of overseas contingency operations. 

Availability of improvised explosive device defeat funds for 

training of foreign security forces to defeat improvised 

explosive devices (sec. 1533)

The Senate amendment contained a provision (sec. 1533) 

that would authorize up to $30.0 million of the amounts 

authorized to be appropriated for fiscal year 2016 for the Joint 

Improvised Explosive Device Defeat Fund to provide training for 

foreign security forces to increase effectiveness in defeating 

improvised explosive devices. The provision would require 

training be provided only pursuant to other provisions of law.

The House bill contained no similar provision. 

The House recedes with a clarifying amendment that would 

conform the provision to a related provision concerning the 

Joint Improvised Explosive Device Defeat Organization included 

elsewhere in this Act. 

Comptroller General report on use of certain funds provided for 

Operation and Maintenance (sec. 1534)

The House bill contained a provision (sec. 1543) that 

would require the Comptroller General to submit a report 

specifying how funds for overseas contingency operations were 

ultimately used. 

The Senate bill contained no similar provision.

The Senate recedes with an amendment that would limit the 

report to funds authorized in section 4303.

LEGISLATIVE PROVISIONS NOT ADOPTED

Statement of policy regarding European Reassurance Initiative

The House bill contained a provision (sec. 1531) that 

would express a series of findings highlighting continued 

aggression and intimidation by Russia against United States 

allies and partners in Europe, in particular, and include a 
261

statement of policy on efforts by the United States to continue 

and expand initiatives to reassure allies and partners and to 

deter aggression and intimidation by Russian, in order to 

enhance security and stability in the region. 

The Senate amendment did not contain a similar provision. 

The House recedes.

The conferees urge the Department of Defense to enhance 

efforts in Europe to reassure allies and partners and deter 

further aggression and intimidation by the Russian Government to 

enhance security and stability in the region through: (1) 

increased U.S. military presence, exercises, training, 

prepositioning of equipment and infrastructure; (2) increased 

emphasis on countering unconventional warfare methods in areas 

such as cyber warfare, information operations, and intelligence 

operations; and (3) increased security assistance to allies and 

partners in Europe. 

TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND 

INTELLIGENCE MATTERS

SUBTITLE A—SPACE ACTIVITIES

Major force program and budget for national security space (sec. 

1601)

The House bill contained a provision (sec. 1601) that 

would amend chapter 9 of title 10, U.S.C., to establish a 

unified major force program for national security space programs 

to prioritize national security space activities in accordance 

with the requirement of the Department of Defense and national 

security. Additionally, this section would require a report from 

the Secretary of Defense that assesses the budget from fiscal 

years 2017-20 that includes a comparison between the current 

budget and the previous year’s budget, as well as the current 

future years defense program, and the previous one with specific 

budget line identification. The provision would also require a 

plan be provided to the congressional defense committees for 

carrying out the unified major force program for national 

security space programs within 180 days of the date of 

enactment. 

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would remove the 

findings.

Principal advisor on space control (sec. 1602)
262

The Senate amendment contained a provision (sec. 1602) 

that would require the Secretary of Defense to designate an 

individual who is already a full time equivalent of the 

Department of Defense to serve as the Principal Space Control 

Advisor, who shall act as the principal advisor to the Secretary 

on space control activities.

The House bill contained no similar provision. 

The House recedes with an amendment clarifying the roles 

and responsibilities of the cross-functional team.

The conferees direct the Secretary of Defense to provide a 

briefing to the congressional defense committees within 180 days 

on the roles and responsibilities for space control activities 

within the Department of Defense; efforts underway to streamline 

decision making and limit bureaucracy for space control within 

the Department; and a description of how the Space Security and 

Defense Program will be appropriately integrated and aligned in 

the space control activities.

Council on Oversight of the Department of Defense Positioning, 

Navigation, and Timing Enterprise (sec. 1603)

The Senate amendment contained a provision (sec. 1610) 

that would establish a council to review and be responsible for 

the Department of Defense positioning, navigation, and timing 

enterprise, including positioning, navigation, and timing 

services provided to civil, commercial, scientific and 

international users. This council would terminate 10 years 

after the date of enactment.

The House bill contained no similar provision.

The House recedes with an amendment that would add the 

Secretaries of the military departments as ex officio members of 

the council.

Modification to development of space science and technology 

strategy (sec. 1604)

The House bill contained a provision (sec. 1602) that 

would modify and streamline section 2271 of title 10, U.S.C., by 

removing specific direction on elements of the strategy, 

coordination, and reporting requirements to Congress. 

The Senate amendment contained no similar provision.

The Senate recedes. 

Delegation of authority regarding purchase of Global Positioning 

System user equipment (sec. 1605)
263

The House bill contained a provision (sec. 1605) that 

would modify section 913 of the Ike Skelton National Defense 

Authorization Act for Fiscal Year 2011 (Public Law 111-383) by 

limiting the delegation of waiver authority to a level no lower 

than the Under Secretary of Defense for Acquisition, Technology, 

and Logistics. 

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would add the 

secretaries of the military departments to the waiver authority 

delegation limitation.

Rocket propulsion system development program (sec. 1606)

The House bill contained a provision (sec. 1603) that 

would amend section 1604 of the Carl Levin and Howard P. ‘Buck' 

McKeon National Defense Authorization Act for Fiscal Year 2015 

(Public Law 113-291) by inserting a section on streamlined 

acquisition; a clarification that, of the funds authorized to be 

appropriated by this Act or otherwise made available for fiscal 

year 2016 for the rocket propulsion system required by section 

1604 of Public Law 113-291, the Secretary of Defense would be 

permitted to obligate or expend such funds only for the 

development of such rocket propulsion system, and the necessary 

interfaces to the launch vehicle, to replace non-allied space 

launch engines by 2019 as required by such section; and a 

requirement for the Secretary of Defense to provide a briefing 

on the streamlined acquisition approach, requirements, and 

acquisition strategy.

The Senate amendment also contained a provision (sec. 

1606) that would amend section 1604 of the Carl Levin and Howard 

P. `Buck' McKeon National Defense Authorization Act for Fiscal 

Year 2015 (Public Law 113-291) to include a plan for the 

development and fielding of a full-up engine.

The Senate recedes with an amendment that would limit the 

availability of funds only for the development of a rocket 

propulsion system and the necessary interfaces to, or 

integration of, the launch vehicle, to replace non-allied space 

launch engines by 2019 as required by section 1604 of the Carl 

Levin and Howard P. ‘Buck' McKeon National Defense Authorization 

Act for Fiscal Year 2015 (Public Law 113-291). 

The amendment would specify that funds may be used for the 

integration of a rocket propulsion system on a new or existing 

launch vehicle. Funds may not be used to develop or procure a 

new launch vehicle or infrastructure. 

The agreement would also direct the Secretary of the Air 

Force to provide the congressional defense committees a briefing 

no later than 90 days from the date of enactment on a plan for 
264

the development and fielding of a full-up rocket propulsion 

system.

Exception to the prohibition on contracting with Russian 

suppliers of rocket engines for the evolved expendable launch 

vehicle program (sec. 1607)

The House bill contained a provision (sec. 1604) that 

would amend 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).

The Senate amendment also contained a provision (sec. 

1603) that would amend 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).

The House recedes with an amendment that would amend 

section 1608 of the Carl Levin and Howard P. "Buck" McKeon 

National Defense Authorization Act for Fiscal Year 2015 (Public 

Law 113-291) by modifying the exception to the prohibition. The 

amendment would except contracts awarded for the procurement of 

property or services for space launch activities that includes 

the use of not more than a total of five rocket engines designed 

or manufactured in the Russian Federation that prior to February 

1, 2014, were either fully paid for by the contractor or covered

by a legally binding commitment of the contractor to fully pay 

for such rocket engines. The amendment would also add an 

additional exception which would allow contracts, not covered 

under the other exceptions, that are awarded for the procurement 

of property or services for space launch activities that include 

the use of not more than a total of four additional rocket 

engines designed or manufactured in the Russian Federation. 

Therefore, the agreement allows for a total of nine Russian 

rocket engines, aside from the waiver authority and the existing 

contract number FA8811-13-C-0003 awarded on December 18, 2013. 

Of those nine engines, not more than four additional rocket 

engines can be procured from the Russian Federation as five of 

the nine allowed under the (c)(1)(B) exception would have 

already been fully paid for as of February 1, 2014.

The existing exception on the placement of orders or the 

exercise of options under the contract number FA8811-13-C-0003 

and awarded on December 18, 2013 and the existing waiver remain 

unchanged and unaffected.

The conferees believe that the continued reliance on 

Russian rocket engines represents a significant risk to our 

national security and that their use should be minimized to the 
265

greatest extent practicable while maintaining assured access to 

space and competition.

Consistent with the limitations established by this 

provision, the conferees direct the Secretary of Defense, in 

coordination with the Director of National Intelligence, to 

evaluate options for an executable backup plan for assured 

access to space that maintains competition as feasible. The 

conferees expect the report to consider options in the event of 

a national emergency including using a Delta launch vehicle, 

relying on the National Aeronautics and Space Administration’s 

launch capability, acquiring or leveraging space launch services 

provided by international partners consistent with the National 

Space Transportation Policy, or any other options that the 

Secretary deems feasible. The report shall include

identification of requirements, feasibility, costs, 

infrastructure, security, timelines, required authorities and 

risks and benefits associated with each option considered. The 

Secretary shall submit the results in the form of a briefing to 

the appropriate congressional committees no later than April 15, 

2016.

Acquisition strategy for evolved expendable launch vehicle 

program (sec. 1608)

The House bill contained a provision (sec. 1606) that 

would express the sense of Congress concerning the need for an 

updated, phased acquisition strategy and contracting plan for 

the Evolved Expendable Launch Vehicle (EELV) program and that 

the acquisition strategy and contracting plan should eliminate 

the currently structured EELV launch capability (ELC) 

arrangement after the current contractual obligations, among 

other statements. The provision would require the Secretary of 

the Air Force to discontinue the current ELC arrangement by the 

latter of either the date on which the Secretary determines that 

the obligations of the contracts relating to such arrangement 

have been met, or by December 31, 2020. The provision would also 

require the Secretary to apply consistent and appropriate 

standards to certified EELV providers with respect to certified 

cost and pricing data, and audits, in accordance with section 

2306a of title 10, United States Code; would require the 

Secretary to develop and carry out a 10-year acquisition 

strategy for the EELV program, in accordance with section 2273 

of title 10, United States Code, and other elements of the 

provision; would require any contract for launch services to 

account for the value of the ELC arrangement per contract line 

item numbers in the bid price of the offeror as appropriate per 

launch; and would require a report on the acquisition strategy. 
266

The Senate amendment contained a provision (sec. 1604) 

that would prohibit the Secretary of Defense from awarding a 

contract, renewing a contract, or maintaining a separate 

contract line item for the procurement of property or services 

for space launch capabilities under the Evolved Expendable 

Launch Vehicle (EELV) program. The provision would allow for the 

Secretary to waive the requirement if the Secretary determines 

that: (1) awarding or renewing, or maintaining a separate 

contract line item for launch capabilities is necessary for the 

national security interests of the United States and the 

contract or contract line item does not support space launch 

activities using rocket engines designed or manufactured in the 

Russian Federation; and (2) failing to award or renew such a 

contract or maintain such a contract line item would have 

significant consequences to national security and result in the 

significant loss of life or property or economic harm. The 

provision would not apply to the placement of orders or the 

exercise of options under the contract numbered FA8811-13-C-003 

and awarded on December 18, 2013. That exception would expire on 

September 30, 2019.

The Senate recedes with an amendment that would strike the 

sense of Congress language; revise the date for discontinuing 

the current ELC arrangement to not later than December 31, 2019 

for existing contracts using rocket engines designed or 

manufactured in the Russian Federation and not later than 

December 31, 2020 for existing contracts using domestic rocket 

engines; and clarify language concerning the acquisition 

strategy required. 

Allocation of funding for evolved expendable launch vehicle 

program (sec. 1609)

The Senate amendment contained a provision (sec. 1605) 

that would realign the cost share of the Evolved Expendable 

Launch Vehicle (EELV) Launch Capabilities (ELC) between the Air 

Force and the National Reconnaissance Office (NRO). The 

provision would require, for fiscal years 2017, 2018, or 2019, 

that the Air Force request for ELC funding bear the same ratio 

to the total number of Air Force cores to be procured under the 

Evolved Expendable Launch Vehicle Launch Services (ELS).

The House bill contained no similar provision.

The House recedes with an amendment that would direct the

Director of the Office of Management and Budget to submit a 

certification with the budgets for fiscal years 2017, 2018, and 

2019 that the cost share between the Air Force and the National 

Reconnaissance Office for the evolved expendable launch vehicle 

launch capability program equitably reflects the appropriate 
267

allocation of funding for the Air Force and the National 

Reconnaissance Office, respectively, based on the launch 

schedule and national mission forecast. The amendment would also 

require sufficient rationale to justify such cost share.

Procurement of wideband satellite communications (sec. 1610)

The House bill contained a provision (sec. 1607) that 

would require the Secretary of Defense to designate a senior 

Department of Defense official to procure wideband satellite 

communications, both military and commercial, to meet the 

requirements of the Department. Additionally, this section would 

require the Secretary of Defense to submit to the congressional 

defense committees, a plan to meet the requirements of the 

Department for satellite communications, including 

identification of roles and responsibilities, no later than 180 

days after the date of the enactment of this Act. 

The Senate amendment contained a similar provision (sec. 

1609) that would require the Department of Defense Executive 

Agent for Space to submit by January 31, 2016 a plan to the 

congressional defense committees for consolidating the 

acquisition of commercial satellite communications (COMSATCOM) 

services from across the Department of Defense into a program 

office in the Air Force Space and Missile Systems Center. The 

plan would require consolidation to take place within a 3-year 

period. It would also require an assessment of the current 

management and overhead costs, a projection of the consolidated 

management and overhead costs, and an estimate of the cost of 

consolidation. The provision would require the Director of Cost 

Assessment and Program Evaluation to review and validate each of 

the estimates.

The Senate recedes with an amendment that would require 

the Secretary of Defense to submit a plan for the consolidation 

of the acquisition of wideband satellite communications. The 

amendment would require the Secretary to identify and designate 

a single acquisition agent and implementation of the 

consolidation plan. The amendment would also allow the Secretary 

to forgo implementation if the Secretary determines that the 

implementation will require significant additional funding or is 

not in the interests of national security. 

Analysis of alternatives for wide-band communications (sec. 

1611)

The Senate amendment contained a provision (sec. 1611) 

that would require an analysis of alternatives for the 

replacement of the Wideband Global Satellite System with a 
268

report due to the congressional defense committees by March 31, 

2017. The analysis required shall take into account future 

bandwidth of space, air, and ground communications systems.

The House bill contained no similar provision.

The House recedes. 

Modification of pilot program for acquisition of commercial 

satellite communication services (sec. 1612)

The House bill contained a provision (sec. 1609) that 

would modify an existing pilot program for acquisition of 

commercial satellite communications services by removing the 

requirement to use the working capital fund and authorize 

multiple methods or pathfinder efforts to be used within the 

pilot program. Additionally, the Secretary would have to 

establish metrics to track the progress of meeting the 

objectives of the program and provide annual briefings on the 

progress of the pilot program, concurrent with the submission of 

the budget request in each year from fiscal year 2017 through 

fiscal year 2020. 

The Senate amendment contained a similar provision (sec. 

1612) that would direct the Department of Defense to seek to 

achieve order-of-magnitude improvements in communications 

capability as a goal of pilot programs for commercial satellite 

communications.

The House recedes with an amendment that would require the 

Secretary of Defense to conduct the pilot program, remove the 

requirement to use the working capital fund for the pilot 

program and authorize multiple methods or pathfinder efforts to 

be used within the pilot program. The amendment would also 

direct the Department to seek to achieve order-of-magnitude 

improvements in communications capability as a goal of pilot 

programs for commercial satellite communications. The conferees 

believe that Department of Defense should use this program to 

explore new and innovative ways to acquire commercial satellite 

communications for the benefit of the warfighter and the 

taxpayers. This should include new activities to meet the goals 

established in the pilot program while also leveraging the 

Department’s pathfinder efforts.

Integrated policy to deter adversaries in space (sec. 1613)

The House bill contained a provision (sec. 1614) that 

would state a sense of Congress regarding space defense, as 

outlined in the National Space Policy of 2010. 

The Senate amendment contained a similar provision (sec. 

1601) that would require the President to establish an 
269

interagency process to develop a policy to deter adversaries in 

space. This integrated deterrence policy would be developed with 

the objectives of (1) reducing risks to the United States and 

its allies in space; and (2) protecting and preserving the 

rights, access, capabilities, use, and freedom of action of the 

United States in space and the right of the United States to 

respond to an attack in space and, if necessary, deny 

adversaries the use of space capabilities hostile to the 

national interests of the United States. The provision would 

require the President to provide a report setting forth the 

deterrence policy and the answers to Enclosure 1, regarding 

offensive space control policy, of the classified annex to this 

Act, to the Committee on Armed Services of the Senate and the 

Committee on Armed Services of the House of Representatives 

within 180 days of the date of enactment. If the report required 

and the answers to Enclosure 1 are not provided within 180 days 

of the date of enactment, the provision would prohibit, until 

provided, the obligation or expenditure of $10.0 million of the 

amounts authorized to be appropriated or otherwise made 

available to the Department of Defense for fiscal year 2016 to 

provide support services to the Executive Office of the 

President.

The House recedes with a technical amendment. 

Prohibition on reliance on China and Russia for space-based 

weather data (sec. 1614)

The House bill contained a provision (sec. 1610) that 

would prohibit reliance on space-based weather data from the 

Government of the People’s Republic of China or the Government 

of the Russian Federation, and would require the Secretary of 

Defense to certify that the Department of Defense does not rely 

on, or in the future does not plan to rely on, space-based 

weather data for national security purposes, that is provided by 

the Government of the People’s Republic of China, the Government 

of the Russian Federation, or an entity owned or controlled by 

the Government of China or the Government of Russia. 

The Senate amendment contained no similar provision. 

The Senate recedes with a technical amendment.

Limitation on availability of funds for weather satellite 

follow-on system (sec. 1615)

The House bill contained a provision (sec. 1608) that 

would limit any funds authorized to be appropriated by this Act 

or otherwise made available for fiscal year 2016 for the weather 

satellite follow-on system until the Secretary of Defense 
270

provides a briefing to the congressional defense committees on a 

plan to address the requirements of the Department of Defense 

for cloud characterization and theater weather imagery, and that 

such plan will not negatively affect the commanders of the 

combatant commands and will meet the requirements of the 

Department for cloud characterization and theater weather 

imagery.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would change the 

limitation of funds from a full limitation to a limitation on 

half of the funds.

The conferees are aware and supportive of the efforts to 

reassess the appropriate portions of the analysis of 

alternatives (AoA) for space-based environmental monitoring in 

consideration of the changes that have occurred since the 

original AoA that was completed.

Limitations on availability of funds for the Defense 

Meteorological Satellite program (sec. 1616)

The Senate amendment contained a provision (sec. 1607) 

that would prohibit the use of funds authorized to be 

appropriated in fiscal year 2016 and any unobligated funds made 

available for appropriation in fiscal year 2015 for the Defense 

Meteorological Satellite Program (DMSP) or the launch of Defense 

Meteorological Satellite Program satellite #20 (DMSP-20) until 

the Secretary of Defense and the Chairman of the Joint Chiefs of 

Staff jointly certify to the congressional defense committees 

that: (1) relying on civil and international contributions to 

meet space-based environmental monitoring requirements is 

insufficient or is a risk to national security and launching 

DMSP-20 will meet those requirements; (2) launching DMSP-20 is 

the most affordable solution to meeting requirements validated 

by the Joint Requirements Oversight Council; and (3) nonmaterial 

solutions within the Department of Defense, the National Oceanic 

and Atmospheric Administration (NOAA), or National Aeronautics 

and Space Administration (NASA) are incapable of providing a 

solution for cloud characterization and theater weather 

requirements as validated by the Joint Requirements Oversight 

Council.

The House bill contained no similar provision. 

The House recedes with an amendment that reduces the fence 

in fiscal year 2015 to half of any unobligated funds made 

available for appropriation and clarifies the elements of the 

certification.

Streamline commercial space launch activities (sec. 1617)
271

The Senate amendment contained a provision (sec. 1613) 

that would direct the Secretary of Transportation, in 

consultation with the Secretary of Defense, the Administrator of 

the National Aeronautics and Space Administration, the 

commercial space sector, and the heads of other executive 

agencies as appropriate to report annually on actions taken to 

remove duplication and minimize inconsistencies across the

federal government for commercial space launch requirements and 

approval. The report shall be submitted to the congressional 

defense committees, the Senate Committee on Commerce, Science 

and Transportation and the House Committee on Science, Space and 

Technology.

The House bill contained no similar provision. 

The House recedes with a technical amendment that would 

add the House Committee on Transportation and Infrastructure as 

a recipient of the required reports. The conferees note the 

importance of efforts to eliminate duplicative requirements and 

approvals to streamline commercial space launch activities.

Plan on full integration and exploitation of overhead persistent 

infrared capability (sec. 1618)

The House bill contained a provision (sec. 1612) that 

would require the Commander, U.S. Strategic Command and the 

Director, Cost Assessment and Program Evaluation jointly submit 

to the appropriate congressional committees a plan for the 

integration of overhead persistent infrared (OPIR) capabilities 

to support specified mission capabilities of the Department of 

Defense.

The Senate amendment contained no similar provision.

The Senate recedes with a technical amendment.

Options for rapid space reconstitution (sec. 1619)

The House bill contained a provision (sec. 1613) that 

would state the sense of Congress regarding rapid reconstitution 

of critical space capabilities. It would also direct the 

Secretary of Defense to evaluate options for the use of current 

assets of the Department of Defense for the purpose of rapid 

reconstitution of critical space-based warfighter enabling 

capabilities and provide a briefing to the congressional defense 

committees not later than March 31, 2016. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would strike the 

sense of Congress.
272

Evaluation of exploitation of space-based infrared system 

against additional threats (sec. 1620)

The House bill contained a provision (sec. 1611) that 

would require the Under Secretary of Defense for Acquisition, 

Technology, and Logistics, in cooperation with the Secretary of 

the Navy, the Secretary of the Air Force, and the Director of 

National Intelligence, to conduct an evaluation of the Spacebased Infrared System to detect, track, and target, or develop 

the capability to do the detect, track and target, against the 

full-range of threats to the United States, deployed members of 

the Armed Forces, and the allies of the United States, and 

provide the results of such evaluation to the congressional 

defense committees not later than December 31, 2016. 

The Senate bill contained no similar provision.

The Senate recedes with an amendment replacing the Under 

Secretary of Defense for Acquisition, Technology, and Logistics 

with the Commander, U.S. Strategic Command and adding the 

Commander, U.S. Northern Command.

The conferees note that the classified annex accompanying 

the House bill includes further discussion related to this 

section.

Quarterly reports on Global Positioning System III space 

segment, Global Positioning System operational control segment, 

and Military Global Positioning System user equipment 

acquisition programs (sec. 1621)

The Senate amendment contained a provision (sec. 1608) 

that would require the Secretary of the Air Force to provide 

quarterly reports to the Comptroller General of the United 

States on the Global Positioning System III (GPS III) space 

segment, the Global Positioning System Operational Control 

Segment (GPS OCX), and the Military Global Positioning System 

User Equipment (MGUE) acquisition programs. The reporting 

requirement would sunset on the date at which GPS III, GPS OCX, 

and MGUE reach their full operational capabilities.

The House bill contained no similar amendment.

The House recedes with an amendment that would add a 

requirement to provide supporting documents and modify the date 

of termination of the reporting requirement from full 

operational capability to initial operational capability.

Sense of Congress on missile defense sensors in space (sec. 

1622)
273

The House bill contained a provision (sec. 1615) that 

would express the sense of Congress that a robust multi-mission 

space sensor network will be vital to ensuring a strong missile 

defense system. 

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would strike the 

findings. 

SUBTITLE B—DEFENSE INTELLIGENCE AND 

INTELLIGENCE-RELATED ACTIVITIES

Executive agent for open-source intelligence tools (sec. 1631)

The House bill contained a provision (sec. 1621) that 

would require the Secretary of Defense to designate a senior 

official of the Department of Defense to serve as the executive 

agent for the Department for open-source intelligence tools. 

The Senate amendment contained no similar provision. 

The Senate recedes with a technical amendment. 

Waiver and congressional notification requirements related to 

facilities for intelligence collection or for special operations 

abroad (sec. 1632)

The House bill contained a provision (sec. 1622) that 

would modify section 2682(c) of title 10, United States Code, 

regarding facilities for intelligence collection and for special 

operations abroad to include a notification requirement for the 

Secretary of Defense to specified congressional committees and 

sunset the waiver authority of the Secretary of Defense on 

December 31, 2017.

The Senate amendment contained no similar provision. 

The Senate recedes with a clarifying amendment.

Prohibition on National Intelligence Program consolidation (sec. 

1633)

The House bill contained a provision (sec. 1623) that 

would prohibit the Secretary of Defense from using any of the 

funds authorized to be appropriated or otherwise made available 

to the Department of Defense during the period beginning on the 

date of the enactment of this Act and ending on December 31, 

2016, to execute: the separation of the portion of the 

Department of Defense budget designated as part of the National 

Intelligence Program from the rest of the Department of Defense 

budget; the consolidation of the portion of the Department of 
274

Defense budget designated as part of the National Intelligence 

Program within the Department of Defense budget; or the 

establishment of a new appropriations account or appropriations 

account structure for such funds.

The Senate amendment contained no similar provision. 

The Senate recedes. 

Limitation on availability of funds for Office of the Under 

Secretary of Defense for Intelligence (sec. 1634)

The House bill contained a provision (sec. 1626) that 

would prohibit the obligation or expenditure of 25 percent of 

the funds authorized to be appropriated by this Act or otherwise 

made available for fiscal year 2016 for the Office of the Under 

Secretary of Defense for Intelligence (OUSD(I)) until the 

Secretary of Defense establishes the policy required by section 

922 of the National Defense Authorization Act for Fiscal Year 

2014 (Public Law 113-66). Section 922 required the Secretary to 

develop a written policy by June 24, 2014, governing the 

internal coordination and prioritization of intelligence 

priorities of the Office of the Secretary of Defense, the Joint 

Staff, the combatant commands, and the military departments to 

improve identification of the intelligence needs of the 

Department of Defense.

The Senate amendment contained no similar provision. 

The Senate recedes.

Department of Defense intelligence needs (sec. 1635)

The House bill contained a provision (sec. 1628) that 

would require the Director of National Intelligence to provide a 

report to the congressional defense committees and the 

congressional intelligence committees on how the Director 

ensures that the National Intelligence Program budgets for the 

elements of the Intelligence Community that are within the 

Department of Defense are adequate to satisfy the national 

intelligence needs of the Department, as required by section 

102A(p) of the National Security Act of 1947 (50 U.S.C. 

3024(p)). The report would specifically include a description of 

how the Director incorporates the needs of the Chairman of the 

Joint Chiefs of Staff and the commanders of the unified and 

specified commands into the metrics used to evaluate the 

performance of the elements of the Intelligence Community that 

are within the Department of Defense in conducting intelligence 

activities funded under the National Intelligence Program.

The Senate amendment contained no similar provision. 

The Senate recedes.
275

Report on management of certain programs of Defense intelligence 

elements (sec. 1636)

The House bill contained a provision (sec. 1629) that 

would require the Under Secretary of Defense for Intelligence to 

review the Science and Technology Research and Foreign Material 

Exploitation work being conducted by the intelligence elements 

of the Department of Defense and recommend any changes and 

realignment of organizations that should take place.

The Senate amendment contained no similar provision.

The Senate recedes. 

The conferees continue to have concerns about the 

activities of the Intelligence Systems Support Office which was 

transferred from the office of the Under Secretary of Defense 

for Intelligence to the Air Force in fiscal year 2015 and 

believes that there are significant synergies and potential 

savings to be gained through consolidation of these activities 

with other intelligence elements of the Department of Defense. 

The committees are also concerned about the Foreign Material 

Exploitation activities which were transferred in fiscal year 

2015 as well and believe that these elements could also be 

consolidated with organizations elsewhere in the Defense 

Intelligence Enterprise.

Report on Air National Guard contributions to the RQ–4 Global 

Hawk mission (sec. 1637)

The Senate amendment contained a provision (sec. 1621) 

that would require the Secretary of the Air Force, in 

coordination with the Chief of Staff of the Air Force and the 

Chief of the National Guard Bureau, to submit, not later than 

180 days after the date of enactment of this Act, a report to 

Congress on the feasibility of using the Air National Guard in 

association with the Active-Duty Air Force to operate and 

maintain the RQ-4 Global Hawk aircraft.

The House bill contained no similar provision.

The House recedes.

Government Accountability Office review of intelligence input to 

the defense acquisition process (sec. 1638)

The House bill contained a provision (sec. 1630) that 

would require the Comptroller General of the United States to 

carry out a comprehensive review of the processes and procedures 

for the integration of intelligence into the Department of 

Defense acquisition process. The review would include the 

integration of intelligence on foreign capabilities into the 
276

acquisition process from initial requirement through deployment, 

including staffing and training of intelligence personnel 

assigned to the program offices, as well as the procedures for 

identifying opportunities for weapon systems to collect 

intelligence, and accounting for the support requirements the 

weapon systems will place on the Defense Intelligence Enterprise 

once fielded.

The Senate amendment contained no similar provision. 

The Senate recedes. 

The conferees believe it is important to ensure that the 

Department is taking into consideration both intelligence 

assessments of potential adversaries, as well as the exquisite 

intelligence required to make new weapon systems work to their 

fullest potential.

SUBTITLE C—CYBERSPACE-RELATED MATTERS

Codification and addition of liability protections relating to 

reporting on cyber incidents or penetrations of networks and 

information systems of certain contractors (sec. 1641)

The House bill contained a provision (sec. 1641) that 

would amend section 941 of the National Defense Authorization 

Act for Fiscal Year 2013 (Public Law 112– 239) as a new section 

393 of title 10, United States Code, and also amend section 391 

of such title, to provide for liability protection for covered 

contractors reporting cyber incidents to the Department of 

Defense through these two statutorily required mechanisms. 

The Senate amendment contained no similar provision.

The Senate recedes.

Authorization of military cyber operations (sec. 1642)

The Senate amendment contained a provision (sec. 1631) 

that would authorize the Secretary of Defense to develop, 

prepare, coordinate, and (when authorized by the President to do 

so) to conduct a military cyber operation in response to 

malicious cyber activity carried out against the United States 

or a United States person by a foreign power (as defined in 

section 101 of the Foreign Intelligence Surveillance Act of 1978 

(50 U.S.C. 1801)). 

The House bill contained no similar provision.

The House recedes with an amendment that would clarify 

that the authority to conduct cyber operations shall be 

exercised when appropriately authorized. 
277

The conferees note that nothing in this provision shall be 

construed to limit existing presidential or congressional power 

to authorize action.

Limitation on availability of funds pending the submittal of 

integrated policy to deter adversaries in cyberspace (sec. 1643)

The Senate amendment contained a provision (sec. 1633) 

that would prohibit the obligation or expenditure of $10.0 

million of the unobligated balance of the amounts appropriated 

or otherwise made available to the Department of Defense to 

provide support services to the Executive Office of the 

President, until the President submits to the congressional 

defense committees the integrated policy to deter adversaries in 

cyberspace required by section 941 of the National Defense 

Authorization Act for Fiscal Year 2014.

The House bill contained no similar provision.

The House recedes with a technical amendment.

The conferees note that section 941 of the National 

Defense Authorization Act for Fiscal Year 2014 (127 Stat. 837; 

Public Law 113–66), required the President to establish an 

interagency process to provide for the development of an 

integrated policy to deter adversaries in cyberspace. The 

provision required the President, not later than 270 days after 

the date of enactment, which occurred on December 26, 2013, to 

submit to the congressional defense committees a report setting 

forth that integrated policy to deter adversaries in cyberspace. 

The report required has not been provided. The conferees believe 

that an integrated policy to deter adversaries in cyberspace is 

essential to ensuring the national security of the United States 

and countering the cyber threats posed by our adversaries. The 

conferees remain concerned that the failure to establish a wellarticulated strategy for deterring potential adversaries from 

conducting cyber attacks, emboldens our adversaries and 

increases the likelihood of cyber attacks in the near future. 

Authorization for procurement of relocatable Sensitive 

Compartmented Information Facility (sec. 1644)

The Senate amendment contained a provision (sec. 1634) 

that would authorize $10.6 million of the unobligated amounts 

made available in fiscal years 2014 and 2015 for the Army for 

the procurement of a relocatable Sensitive Compartmented 

Information Facility (SCIF) for the Cyber Center of Excellence 

at Fort Gordon, Georgia.

The House bill contained no similar provision.

The House recedes with a technical amendment.
278

Designation of military department entity responsible for 

acquisition of critical cyber capabilities (sec. 1645)

The Senate amendment contained a provision (sec. 1631) 

that would direct the Secretary of Defense to designate within 

90 days of the date of enactment an entity of the Department of 

Defense (DOD) to be responsible for the acquisition of critical 

cyber capabilities to include: (1) the unified platform, (2) a 

persistent cyber training environment, and (3) a cyber 

situational awareness and battle management system. 

The House bill contained no similar provision.

The House recedes with an amendment that would clarify 

that the Secretary of Defense shall designate an entity within a 

military department to be responsible for the critical cyber 

capabilities identified in the provision.

Assessment of capabilities of United States Cyber Command to 

defend the United States from cyber attack (sec. 1646)

The Senate amendment contained a provision (sec. 1636) 

that would require the Principal Cyber Advisor (PCA) to sponsor 

an independent panel to assess the ability of the National 

Mission Forces of the U.S. Cyber Command (CYBERCOM) to reliably 

prevent or block large-scale attacks on the United States by 

foreign powers with capabilities comparable to those of 

countries like China, Iran, North Korea, and Russia in the 2020 

and 2025 timeframes.

The House bill contained no similar provision.

The House recedes with an amendment that would remove the 

requirement for an independent assessment. 

Evaluation of cyber vulnerabilities of major weapon systems of 

the Department of Defense (sec. 1647)

The Senate amendment contained a provision (sec. 1635) 

that would require the Secretary of Defense to evaluate the 

cyber vulnerabilities of every major Department of Defense 

weapons system by not later than December 31, 2019.

The House bill contained no similar provision.

The House recedes with an amendment that would require the 

updates to the congressional defense committees on activities 

undertaken in the evaluation of major weapon systems occur as 

part of the quarterly cyber operations briefings required under 

section 484 of title 10, United States Code.

Comprehensive plan and biennial exercises on responding to cyber 

attacks (sec. 1648)
279

The Senate amendment contained a provision (sec. 1637) 

that would require the Secretary of Defense to conduct nationallevel cyber exercises not less frequently than once every 2 

years for a period of 6 years. In preparing and executing these 

exercises, the Secretary would be required to coordinate with 

the Secretary of Homeland Security, the Director of National 

Intelligence, the Director of the FBI, and the heads of the 

critical infrastructure sector-specific agencies designated 

under Presidential Policy Directive 21. The Secretary also would 

be required to consult with governors of the States and the 

owners and operators of critical infrastructure. The exercises 

would be based on scenarios in which critical infrastructure is 

attacked through cyberspace and the President directs the 

Secretary to defend the Nation and to provide support to civil 

authorities in responding and recovering from the attacks.

The Senate amendment also contained a provision (sec. 

1638) that would require the Secretary of Defense to develop a 

comprehensive plan for the United States Cyber Command to 

support civil authorities in responding to cyber attacks by 

foreign powers against the United States or a United States 

person.

The House bill contained no similar provisions.

The House recedes with an amendment that would combine 

both Senate provisions.

In carrying out the requirements of this section 

concerning national-level cyber exercises, the conferees 

encourage the Department to coordinate activities with the 

Secretary of Homeland Security, consistent with section 227 of 

the Homeland Security Act of 2002 (6 U.S.C. 149), to the maximum 

extent practicable. The conferees believe such exercises should 

include opportunities to address the full spectrum of cyber 

defense and mitigation capabilities available to the Federal 

Government, and when appropriate should leverage existing 

National Cyber Exercise programs, such as the Department of 

Homeland Security Biennial Cyber Storm Program.

Sense of Congress on reviewing and considering findings and 

recommendations of Council of Governors on cyber capabilities of 

the Armed Forces (sec. 1649)

The Senate amendment contained a provision (sec. 1639) 

that would express that it is the sense of Congress that the 

Secretary of Defense should review and consider any findings and 

recommendations of the Council of Governors pertaining to cyber 

mission force requirements and any proposed reductions in and 

synchronization of the cyber capabilities of active or reserve 

components of the Armed Forces.
280

The House bill contained no similar provision.

The House recedes with a technical amendment.

SUBTITLE D—NUCLEAR FORCES

Assessment of threats to national leadership command, control, 

and communications system (sec. 1651)

The House bill contained a provision (sec. 1652) that 

would require the Council on Oversight of the National 

Leadership Command, Control, and Communications System to 

collect and assess all reports and assessments conducted by the 

Intelligence Community regarding foreign threats, including 

cyber threats, to the command, control, and communications 

system for the national leadership of the United States and the 

vulnerabilities of such system to the threats. 

The Senate amendment contained no similar provision.

The Senate recedes. 

Organization of nuclear deterrence functions of the Air Force 

(sec. 1652)

The House bill contained a provision (sec. 1651) that 

would require that, subject to the authority, direction, and 

control of the Secretary of the Air Force, the Chief of Staff of 

the Air Force shall be responsible for overseeing the safety, 

security, effectiveness, and credibility of the nuclear 

deterrence mission of the Air Force. This section would also 

require that, by March 1, 2016, the Chief of Staff designate a 

Deputy Chief of Staff to carry out the following duties: (1) 

provide direction, guidance, integration, and advocacy regarding 

the nuclear deterrence mission; (2) conduct monitoring and 

oversight activities regarding the safety, security, 

reliability, effectiveness, and credibility of the nuclear 

deterrence mission; and (3) conduct periodic comprehensive 

assessments of all aspects of the nuclear deterrence mission and 

provide such assessments to the Secretary and the Chief of 

Staff. This section would also require that, by March 30, 2016, 

the Secretary shall consolidate, to the extent the Secretary 

determines appropriate, under a major command commanded by a 

single general officer, the responsibility, authority,

accountability, and resources for carrying out the nuclear 

deterrence mission. The major command would be made 

responsible, to the extent the Secretary determines appropriate, 

for carrying out all elements and activities related to nuclear 

deterrence, including nuclear weapons, nuclear weapon delivery 

systems, and the nuclear command, control, and communication 
281

system. The activities would include planning and execution of 

modernization programs; procurement and acquisition; research, 

development, test, and evaluation; sustainment; operations; 

training; safety and security; research, education, and applied 

science relating to nuclear deterrence and assurance; and such 

other functions of the nuclear deterrence mission as the 

Secretary determines appropriate.

The Senate amendment contained a provision (sec. 1641) 

that would require the Secretary of the Air Force to designate a 

senior acquisition official responsible for ensuring the 

procurement and integration of Air Force Nuclear, Command and 

Control (NC3) Systems.

The House recedes with an amendment that would retain the 

requirement that the Chief of Staff of the Air Force be 

responsible for overseeing the safety, security, effectiveness, 

and credibility of the nuclear deterrence mission of the Air 

Force as well as requiring the designation of a Deputy Chief of 

Staff to carry out the duties as listed in section 1651 of the 

House bill. The amendment contains a sense of Congress that the 

Secretary of the Air Force should consolidate, to the extent the 

Secretary determines appropriate, under a major command 

commanded by a single general officer the responsibility, 

authority, accountability, and resources for carrying out all 

aspects of the nuclear deterrence mission of the Air Force and 

that this should be memorialized through a series of enduring 

directives and orders. The amendment further requires the 

Secretary of the Air Force to submit to the congressional 

defense committees a report no later than February 28, 2016 on 

what actions have been taken or are planned to reorganize, 

streamline, and clarify responsibilities, authorities, 

accountability, and resources within the Air Force for the 

nuclear deterrence mission. This report must include what 

guidance, directives, and orders have been or will be issued to 

institutionalize these changes.

Procurement authority for certain parts of intercontinental 

ballistic missile fuzes (sec. 1653)

The House bill contained a provision (sec. 1653) that 

would authorize $13.7 million of the funds made available by 

this Act for Missile Procurement, Air Force, for the procurement 

of certain commercially available parts for intercontinental 

ballistic missile fuzes, notwithstanding section 1502(a) of 

title 31, United States Code, under 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).
282

The Senate amendment contained a similar provision (sec. 

1645).

The Senate recedes.

Prohibition on availability of funds for de-alerting 

intercontinental ballistic missiles (sec. 1654)

The House bill contained a provision (sec. 1657) that 

included a sense of Congress on the responsiveness and alert 

levels of intercontinental ballistic missiles and would prohibit 

authorized funds for reducing, or preparing to reduce, the 

responsiveness or alert level of United States intercontinental 

ballistic missiles. 

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would strike the 

sense of Congress and include a clarification that the 

prohibition does not apply to reductions carried out to comply 

with the New START treaty as long as such reductions are in 

compliance with Section 1644 of the National Defense 

Authorization Act for Fiscal Year 2015. 

Assessment of global nuclear environment (sec. 1655)

The Senate amendment contained a provision (sec. 1643) 

that would direct the Department of Defense Director of Net 

Assessment, in coordination with the Commander of U.S. Strategic 

Command, to conduct an assessment of the global security 

environment with respect to nuclear weapons and the role of 

United States nuclear forces, policy, and strategy in that 

environment. Not later than November 15, 2016, the Director of 

Net Assessment shall submit to the congressional defense 

committees a report on its findings. The assessment should 

include experts outside the Department of Defense with 

particular emphasis on those individuals and independent 

institutions with demonstrated expertise in strategy and net 

assessment methodology.

The House bill contained no similar provision.

The House recedes with an amendment that would strike the 

findings and adjust the time period covered by the assessment to 

be 10 to 20 years.

Annual briefing on the costs of forward deploying nuclear 

weapons in Europe (sec. 1656)

The House bill contained a provision (sec. 1654) that 

would require the Secretary of Defense to provide the 

congressional defense committees a briefing on specific costs 
283

related to forward-deploying nuclear weapons in Europe no later 

than 30 days after the President submits to Congress the budget 

for each of fiscal years 2017 through 2021. 

The Senate amendment contained no similar provision. 

The Senate recedes with a clarifying amendment.

Report on the number of planned long-range standoff weapons 

(sec. 1657)

The House bill contained a provision (sec. 1659) that 

would require the Secretary of Defense to submit a report to 

Congress on the justification of the number of planned nucleararmed cruise missiles, known as the Long Range Standoff Weapon, 

to the U.S. arsenal. 

The Senate amendment contained no similar provision.

The Senate recedes with a clarifying amendment.

Review of Comptroller General of the United States on 

recommendations relating to nuclear enterprise of the Department 

of Defense (sec. 1658)

The Senate amendment contained a provision (sec. 1642) 

that would require the Comptroller General of the United States 

to review the Department of Defense’s process for addressing the 

recommendations of the Nuclear Enterprise Review and the Nuclear 

Deterrence Enterprise Review Group.

The House bill contained no similar provision.

The House recedes with an amendment that would strike the 

requirement for a report and substitute a requirement for a 

briefing to the congressional defense committees.

Sense of Congress on organization of Navy for nuclear deterrence 

mission (sec. 1659)

The House bill contained a provision (sec. 1656) that 

would express the sense of Congress that the safety, security, 

reliability, and credibility of the nuclear deterrent of the 

United States is a vital national security priority and that 

nuclear weapons require special consideration because of the 

political and military importance of the weapons. This provision 

also expresses that the Navy has repeatedly demonstrated its 

commitment to and prioritization of the nuclear deterrence 

mission of the Navy and has put an emphasis on ensuring its 

nuclear weapons are safe, secure, reliable, and credible both 

ashore and at sea.

The Senate amendment contained no similar provision.

The Senate recedes.
284

Sense of Congress on the nuclear force improvement program of 

the Air Force (sec. 1660)

The Senate amendment contained a provision (sec. 1647) 

that would express the sense of the Senate that the Air Force 

should regularly inform Congress on the progress being made 

under the nuclear force improvement program and its efforts to 

strengthen the nuclear enterprise and make Congress aware of any 

additional actions that should be taken to optimize performance 

of the nuclear mission of the Air Force and maximize the 

strength of the United States strategic deterrent. 

The House bill contained no similar provision. 

The House recedes with an amendment that would change the 

sense of the Senate to a sense of the Congress and make 

technical and clarifying changes.

Senses of Congress on importance of cooperation and 

collaboration between United States and United Kingdom on 

nuclear issues and on 60th anniversary of strategic systems 

programs (sec. 1661)

The House bill contained a provision (sec. 1655) that 

would express the sense of Congress that co-operation and 

collaboration under the 1958 Mutual Defense Agreement and the 

1963 Polaris Sales Agreement are fundamental elements of the 

security of the United States and the United Kingdom, as well as 

international stability. Additionally, the recent renewal of 

these agreements are critical to sustaining and enhancing the 

capabilities and knowledge base of both countries regarding 

nuclear deterrence, nuclear nonproliferation and 

counterproliferation, and naval nuclear propulsion.

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would add a 

sense of Congress commemorating the 60th anniversary of the 

Navy’s Fleet Ballistic Missile Program. 

Sense of Congress on plan for implementation of nuclear 

enterprise reviews (sec. 1662)

The House bill contained a provision (sec. 1658) that 

would express the sense of Congress that the Secretary of 

Defense should submit to Congress a plan on how the Secretary 

plans to implement the full recommendations of the two nuclear 

enterprise reviews. 

The Senate amendment contained no similar provision.

The Senate recedes with a clarifying amendment.
285

Sense of Congress and report on milestone A decision on longrange standoff weapon (sec. 1663)

The Senate amendment contained a provision (sec. 1644) 

that would require the Secretary of Defense to make a Milestone 

A decision on the Long-Range Standoff Weapon no later than May 

31, 2016.

The House bill contained no similar provision.

The House recedes with an amendment that would transform 

the provision into a Sense of Congress with a reporting 

requirement.

Sense of Congress on policy on the nuclear triad (sec. 1664)

The Senate amendment contained a provision (sec. 1646) 

that would express the sense of Congress that retaining all 

three legs of the nuclear triad is the highest priority mission 

of the Department of Defense and will best maintain strategic 

stability at a reasonable cost, while hedging against potential 

technical problems and vulnerabilities. The provision states 

that it is the policy of the United States to sustain and 

modernize or replace the triad of strategic nuclear delivery 

systems and that it is the policy of the United States to 

operate, sustain, and modernize or replace a capability to 

forward-deploy nuclear weapons and dual capable fighter-bomber 

aircraft. 

The House bill contained no similar provision. 

The House recedes. 

Report relating to the costs associated with extending the life 

of the Minuteman III intercontinental ballistic missile (sec. 

1665)

The House bill contained a provision (sec. 1679) that 

would require the Secretary of the Air Force to submit to 

Congress a report examining the costs associated with extending 

the life of the Minuteman III intercontinental ballistic missile 

compared to the costs associated with procuring a new groundbased strategic deterrent. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment changing the 

submission of the report from “Congress” to “congressional 

defense committees.”

SUBTITLE E—MISSILE DEFENSE PROGRAMS AND 

OTHER MATTERS
286

Prohibitions on providing certain missile defense information to 

Russian Federation (sec. 1671)

The House bill contained a provision (sec. 1661) that 

would prohibit the use of funds authorized to be appropriated 

for the Department of Defense to provide the Russian Federation 

with “hit-to-kill” technology and telemetry data for missile 

defense interceptors or target vehicles and information relating 

to the velocity at burnout of missile defense interceptors or 

targets of the United States. This provision would also provide 

the President with a single use waiver to provide Russia with 

information regarding ballistic missile early warning in the 

event the Chairman of the Joint Chiefs of Staff, the Commander 

of U.S. Strategic Command, and the Commander of U.S. European 

Command jointly certify to the President and the congressional 

defense committees that the provision of such information is 

required because of a failure of the early warning system of 

Russia. The provision would allow the prohibitions to expire on 

January 1, 2031. 

The Senate amendment contained a similar provision (sec. 

1659) that would amend Section 1246(c)(2) of the National 

Defense Authorization Act for Fiscal Year 2014 (Public Law 113-

66; 127 Stat. 923), as amended by Section 1243(2)(A) of the Carl 

Levin and Howard P. “Buck” McKeon National Defense Authorization 

Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3564) to 

extend the limitation on providing certain sensitive missile 

defense information to the Russian Federation through fiscal 

year 2017.

The Senate recedes with an amendment that removes the 

President’s single use waiver, clarifies that the provision does 

not prohibit the United States from providing early warning data 

to the Russian Federation, and allows the provision to expire on 

January 1, 2017. 

Prohibition on integration of missile defense systems of Russian 

Federation into missile defense systems of United States (sec. 

1672)

The House bill contained a provision (sec. 1663) that 

would prohibit the use of any authorized funds by this Act for 

fiscal years 2016 through 2031 for the Department of Defense or 

for the contributions of the United States to the North Atlantic 

Treaty Organization (NATO) to integrate a missile defense system 

of the Russian Federation into any missile defense system of the 

United States or NATO. 

The Senate amendment contained no similar provision. 
287

The Senate recedes with an amendment that would prohibit 

the use of funds authorized for fiscal years 2016 and 2017 for 

the Department of Defense to integrate a missile defense system 

of the Russian Federation into any missile defense system of the 

United States.

Prohibition on integration of missile defense systems of China 

into missile defense systems of United States (sec. 1673)

The House bill contained a provision (sec. 1662) that 

would prohibit any authorized funds by this Act for fiscal year 

2016 to be obligated or expended for the integration of a 

missile defense system of the People’s Republic of China into 

any missile defense system of the United States. 

The Senate amendment contained no similar provision. 

The Senate recedes.

Limitations on availability of funds for Patriot lower tier air 

and missile defense capability of the Army (sec. 1674)

The House bill contained a provision (sec. 1665) that 

would provide that none of the funds authorized to be 

appropriated for programs related to the Patriot lower tier air 

and missile defense capability that depend specifically on the 

results of the analysis of alternatives (AOA) regarding the 

Patriot lower tier air and missile defense capability of the 

Army, may be obligated or expended until the results of the AOA 

are submitted to the congressional defense committees.

This section would also provide that the Under Secretary 

of Defense for Acquisition, Technology, and Logistics could 

waive the application of the limitation in this section if the 

Under Secretary determines that it is necessary to prevent an 

unacceptable risk to mission performance of the Patriot system 

and notifies the congressional defense committees of the 

decision to use such waiver authority.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would reduce the 

limitation to 30 days after the submission of the AOA to the 

congressional defense committees.

The committees understand that the AOA will be completed 

by August 2015, prior to the beginning of fiscal year 2016. The 

committees do not intend to limit funding for programs or 

technology that could support Patriot modernization regardless 

of the options chosen based on the AOA. The committees believe a 

modernized Patriot capability is vital to a robust air and 

missile defense capability of the Army, and that such capability 

is further required for the protection of deployed U.S. Armed 
288

Forces and allied forces. The committees are committed to the 

modernization of Patriot and, elsewhere in this Act, recommend 

full funding of the budget request for these activities.

Integration and interoperability of air and missile defense 

capabilities of the United States (sec. 1675)

The House bill contained a provision (sec. 1666) that 

would require the Under Secretary of Defense for Acquisition, 

Technology, and Logistics and the Vice Chairman of the Joint 

Chiefs of Staff to ensure the interoperability and integration 

of certain U.S. air and missile defense systems. Additionally, 

it would require the Director of the Missile Defense Agency and 

the Secretary of the Army to conduct at least one intercept or 

flight test per year that demonstrates interoperability and 

integration among the covered air and missile defense 

capabilities, and would provide waiver authority. 

The Senate amendment contained no similar provision. 

The Senate recedes with a clarifying amendment.

Integration and interoperability of allied missile defense 

capabilities (sec. 1676)

The House bill contained a provision (sec. 1667) that 

would require the Commander of U.S. European Command, the 

Commander of U.S. Central Command, and the Commander of U.S. 

Pacific Command to submit to the Secretary of Defense and the 

Joint Chiefs of Staff an assessment of the opportunities for 

integration and interoperability of air and missile defense 

capabilities of the United States with those capabilities of 

allies of the United States, including carrying out the 

planning, risk assessments, policy development and concept of 

operations development necessary to assure the integration and 

interoperability of U.S. and allied air and missile defense 

capabilities by December 31, 2017. 

The Senate amendment contained no similar amendment.

The Senate recedes with an amendment that would include 

interoperability in the title and that would make it clear that 

such integration and interoperability should be ensured to the 

extent that specific integration arrangements are agreeable to 

the partner nation or among the partner nations involved in 

those arrangements.

Missile defense capability in Europe (sec. 1677)

The House bill contained a provision (sec. 1668) that 

would ensure the Aegis Ashore site to be deployed in the 
289

Republic of Poland has anti-air warfare (AAW) capability upon 

the site achieving full operating capability. It would also 

require that the Aegis Ashore site in Romania be retrofitted 

with AAW capability no later than December 31, 2018. It would 

also require the Secretary to evaluate the feasibility, benefit, 

and cost of using the Evolved Sea Sparrow Missile or the 

Standard Missile-2 in providing the anti-air warfare capability. 

Additionally, it would require the Secretary of Defense to study 

no less than three sites in the U.S. European Command (EUCOM) 

area of responsibility for the deployment of the Terminal High 

Altitude Area Defense (THAAD) battery; ensure that the THAAD 

battery is available for rotational deployment to the EUCOM area 

of responsibility; and to examine sites to pre-position such 

THAAD battery if such pre-position is necessary for military 

requirements. 

The Senate amendment contained a similar provision (sec. 

1653) that would express the sense of the Congress that the 

Secretary of Defense, in consultation with the relevant 

combatant command, should ensure that arrangements are in place, 

including support from North Atlantic Treaty Organization (NATO) 

allies, to provide anti-air defense capability at all NATO 

missile defense sites in support of phases 2 and 3 of the 

European Phased Adaptive Approach. Not later than 180 days after 

the date of enactment of this Act, the Secretary of Defense 

shall submit to the congressional defense committees a report 

describing the plan of the Secretary to provide anti-air defense 

capability at the sites and the contributions being made by NATO 

to support the provision of the anti-air defense capability.

The Senate recedes with an amendment that would state the 

sense of the Congress that the Secretary of Defense should 

ensure that arrangements are in place, including support from 

other members of NATO and the host nations, to provide air 

defense capabilities at the Aegis Ashore sites in Romania and 

Poland by not later than June 1, 2019. The conference agreement 

would require the Secretary of Defense, in coordination with the 

Secretary of State, to submit a request to NATO to support an 

air defense capability at the Aegis Ashore sites in Romania and 

Poland. The Secretary shall submit a notification to the 

appropriate congressional committees by not later than April 1, 

2016, as to whether NATO has agreed in principle to provide such 

capability. Not later than 180 days after the enactment of this 

Act, the Secretary of Defense shall submit to the congressional 

defense committees a report describing the plan and budget 

profile to provide an air defense capability to the Aegis Ashore 

sites in Romania and Poland and an assessment of the air and 

ballistic missile threat to United States military installations 

in Europe, including the Naval Shore Facility in Devesulu, 
290

Romania and the planned site in Redzikowo, Poland. The conferees 

also direct the Secretary of Defense to ensure, not later than 

180 days after enactment, that a terminal high altitude area 

defense battery is available for rotational deployment to the

area of responsibility of the United States European Command 

unless the Secretary notifies the congressional defense 

committees that such a battery is needed in another combatant 

command’s area of responsibility. The Secretary of Defense shall 

also implement the direction contained in the classified annex 

of this Act bearing on this matter.

Availability of funds for Iron Dome short-range rocket defense 

system (sec. 1678)

The House bill contained a provision (sec. 1669) that 

would make available $41.4 million for the Government of Israel 

to procure radars for the Iron Dome short-range rocket defense 

system, subject to the terms and conditions of the “Agreement 

Between the Department of Defense and the United States of 

America and the Ministry of Defense of the State of Israel 

Concerning Iron Dome Defense System Procurement” and an amended 

agreement for co-production of radar components. 

The Senate amendment included a similar amendment (sec. 

1654) that would authorize $41.4 million for the Department of 

Defense to provide to the Government of Israel to procure the 

Iron Dome short-range rocket defense system, including for coproduction of Iron Dome parts and components in the United 

States by United States industry. The provision would also 

provide that these funds shall be available subject to the terms 

and conditions in the “Agreement Between the Department of 

Defense and the Ministry of Defense of the State of Israel 

Concerning Iron Dome Defense System Procurement,” signed on 

March 5, 2014, including any negotiated amendment to that 

agreement for co-production of Iron Dome radar components. 

The Senate recedes with a technical amendment.

Israeli cooperative missile defense program co-development and 

co-production (sec. 1679)

The House bill contained a provision (sec. 1670) that 

would authorize $165.0 million for procurement and co-production 

of the David’s Sling Weapon System and the Arrow 3 Upper Tier 

missile defense system. This provision would further specify the 

terms and conditions that shall be achieved by the Director of 

the Missile Defense Agency and the Under Secretary of Defense 

for Acquisition, Technology, and Logistics prior to the 

disbursement of the authorized funds. 
291

The Senate amendment contained a similar provision (sec. 

1655) that would authorize $165.0 million for the Missile 

Defense Agency to provide to the Government of Israel to procure 

the David’s Sling Weapon System and the Arrow 3 Upper Tier

Interceptor program, including for co-production of parts and 

components in the United States by United States industry. The 

funds may be disbursed after certain conditions, which include a 

certification by the Director of the Missile Defense Agency and 

the Under Secretary of Defense for Acquisition, Technology, and 

Logistics that in the case of co-production for the David’s 

Sling Weapon System, not less than half of such co-production is 

carried out by United States industry.

The House recedes to the Senate with an amendment that 

would require the Under Secretary of Defense for Acquisition, 

Technology, and Logistics to certify that the Government of 

Israel has demonstrated the successful completion of key 

knowledge points; that such funds will be provided on the basis 

of a one-for-one cash match made by Israel or in another 

mutually agreed matching amount; that the United States has 

entered into a bilateral agreement with Israel; that there is 

complete transparency on the requirement of Israel for the 

number of interceptors and batteries to be procured; that 

technical milestones are established for co-production; that 

there is a joint approval process for third party sales; and 

that the level of co-production for the David’s Sling Weapon 

System is equal to or greater than 50 percent for U.S. industry. 

The Under Secretary may waive the certification if the funds are 

provided to Israel solely for funding the procurement of longlead components and that the long-lead procurement will be 

conducted in a manner that maximizes co-production in the United 

States without incurring additional non-recurring engineering 

activity or cost. The Director of the Missile Defense Agency 

would also be required to submit to the Congress, at the same 

time the President submits to Congress the budget request for 

fiscal year 2017, a plan to achieve a rate of co-production by 

United States industry of parts and components of the David’s 

Sling Weapon System at a rate that is not less than 50 percent.

Boost phase defense system (sec. 1680)

The House bill contained a provision (sec. 1672) that 

would require the Secretary of Defense to prioritize technology 

investments to develop and field a boost phase missile defense 

system by fiscal year 2022 and ensure it can benefit multiple 

warfighter requirements. It would also require the Director of 

the Missile Defense Agency establish a senior level advisory 

group to recommend to the Director promising technologies that 
292

the Director can evaluate for use as a boost phase missile 

defense layer and then provide a briefing to the congressional 

defense committees no later than May 1, 2016 on the 

recommendations of the advisory group. 

The Senate amendment contained a similar provision (sec. 

1658) that would prioritize technology investments in the 

Department of Defense to support efforts by the Missile Defense 

Agency (MDA) to develop and deploy a boost phase airborne laser 

weapon system by fiscal year 2025. The provision encourages 

collaboration and cooperation between MDA and other Department 

of Defense components, and directs the Secretary of Defense to 

provide the congressional defense committees with a report, 

within 120 days of enactment of this Act, of Department of 

Defense efforts to develop and deploy a boost phase airborne 

laser weapon system for missile defense. 

The Senate recedes with an amendment that would prioritize 

feasible and cost-effective efforts, would eliminate the 

requirement for a senior level advisory group and require a 

report on the efforts of the Department of Defense to develop 

and deploy an airborne or other boost phase defense system by 

fiscal year 2025. The report should also include recommendations 

from industry on emerging technologies that could be applied for 

boost phase missile defense, and an evaluation by MDA of those 

recommendations. The conferees also encourage the Department of 

Defense to develop concept of operations for those boost phase 

missile defense systems for which it intends to develop 

prototypes to accompany its fiscal year 2017 budget request. 

Development and deployment of multiple-object kill vehicle for 

missile defense of the United States homeland (sec. 1681)

The House bill contained a provision (sec. 1671) that 

would express the sense of Congress that the ballistic missile 

defense of the United States homeland is the highest priority of 

the Missile Defense Agency; that the Missile Defense Agency is 

appropriately prioritizing the design, development, and 

deployment of the redesigned kill vehicle; and, the multipleobject kill vehicle is critical to the future of the ballistic 

missile defense of the U.S. homeland. This section would require 

that the Director of the Missile Defense Agency develop a highly 

reliable multiple-object kill vehicle for the Ground-Based 

Midcourse Defense system, with rigorous flight testing to occur 

no later than 2020, and the deployment of such vehicle as soon 

as practicable thereafter. This section would also require that 

the management of the multiple-object kill vehicle program be 

undertaken by the Deputy Director of the Missile Defense Agency 

and would require the Director of the Missile Defense Agency to 
293

provide the funding profile required for the multiple-object 

kill vehicle program to the congressional defense committees no 

later than 30 days after the date of the enactment of this Act. 

The Senate bill contained a similar provision (sec. 1656) 

that would require the Director of the Missile Defense Agency to 

conduct flight testing of the multi-object kill vehicle by not 

later than 2020 and field such vehicle as soon as technically 

practicable. The provision would also direct that the management 

of the multi-object kill vehicle program shall report directly 

to the Deputy Director of the Missile Defense Agency. 

The Senate recedes with an amendment that would require 

the deployment of the multi-object kill vehicle as early as 

practicable after rigorous flight testing is completed and would 

require the fiscal year 2017 budget submission to reflect the 

funding profile necessary to meet the objectives of the multiple 

object kill vehicle program.

Requirement to replace capability enhancement I exoatmospheric 

kill vehicles (sec. 1682)

The Senate amendment contained a provision (sec. 1657) 

that would require the Director of the Missile Defense Agency to 

ensure, to the maximum extent practicable, that all remaining 

ground-based interceptors of the Ground-Based Midcourse Defense 

system that are armed with the capability enhancement I 

exoatmospheric kill vehicle are replaced with the redesigned 

exoatmospheric kill vehicle before September 30, 2022.

The House bill contained no similar provision. 

The House recedes.

Designation of preferred location of additional missile defense 

site in the United States and plan for expediting deployment 

time of such site (sec. 1683)

The House bill contained a provision (sec. 1678) that 

would require the Director of the Missile Defense Agency, in 

consultation with the Commander of the United States Northern 

Command, to designate the preferred location in the United 

States for the potential future deployment of a missile defense 

site not later than 30 days after the Secretary of Defense 

publishes the draft environmental impact statements (EIS) being 

conducted for the candidate sites.

The Senate amendment contained a provision (sec. 1651) 

that would require the Secretary of Defense to develop a plan 

for expediting the deployment time for a potential future 

continental United States interceptor site by at least 2 years, 

and submit to the congressional defense committees a report on 
294

such plan not later than 30 days after the transmittal of the 

EIS required by the National Defense Authorization Act for 

Fiscal Year 2013. The provision would require the Comptroller 

General to assess the Department’s report on the deployment plan 

and submit a report to the congressional defense committees with 

findings and recommendations.

The Senate recedes with an amendment that would require 

the Director of the Missile Defense Agency, in consultation with 

the Commander of United States Northern Command, to designate 

the preferred location in the United States for the potential 

future deployment of a missile defense site not later than 30 

days after the Secretary of Defense publishes the draft EIS 

pursuant to the National Defense Authorization Act for Fiscal 

Year 2013. The determination of such site should be based on 

operational effectiveness and cost effectiveness in addition to 

the results of the EIS. The Secretary would be permitted to 

submit any updates to the designation that he finds appropriate 

after the final EIS is submitted. According to the Missile 

Defense Agency, the draft EIS is anticipated to be completed and 

published in the Federal Register by January 2016 and the EIS is 

anticipated to be finalized between April and July of 2016. 

Not later than 30 days after the Secretary of Defense 

completes the final designation of the missile defense site, the 

Secretary of Defense shall develop and submit to the 

congressional defense committees a plan for expediting the 

deployment time for a potential future continental interceptor 

site by at least 2 years, in the case that the decision is made 

to proceed with such deployment. Not later than 90 days after 

the Secretary of Defense submits the plan to Congress, the 

Comptroller General of the United States is to provide its 

assessment of that plan. The Secretary of Defense may not 

obligate or expend such planning and design funds for military 

construction as are authorized in this Act until such date as 

the final EIS is published.

Additional missile defense sensor coverage for the protection of 

United States homeland (sec. 1684)

The House bill contained a provision (sec. 1673) that 

would require the sea-based X-band (SBX) radar to be relocated 

to a new homeport on the East Coast of the United States no 

later than December 31, 2020, and shall have an at-sea 

capability of not less than 120 days per year. Prior to 

relocating the sea-based X-band radar, the Director of the 

Missile Defense Agency (MDA) would be required to certify that 

the relocation would not impact the missile defense of Hawaii. 

Additionally, this provision would require the Director of MDA 
295

to begin siting studies, environmental impact surveys, and any 

other appropriate studies and evaluations to base the sea-based 

X-band radar at a site on the East Coast. 

The Senate bill contained a similar provision (sec. 1652) 

that would require the Director of MDA, in cooperation with the 

relevant combatant command, to deploy by not later than December 

31, 2020, a long-range discrimination radar or other appropriate 

tracking and discrimination sensor capabilities in a location 

optimized to support the defense of the homeland of the United 

States against emerging long-range ballistic missile threats 

from Iran.

The Senate recedes with an amendment that would express 

the sense of the Congress that additional missile defense sensor 

discrimination capabilities are needed to enhance the protection 

of the United States homeland against potential long-range 

ballistic missiles from Iran. Accordingly, the Director of MDA 

shall, in cooperation with the relevant combatant command, 

deploy by not later than December 31, 2020, a long-range 

discrimination radar or other appropriate sensor capability in a 

location optimized to support the defense of the homeland of the 

United States from emerging long-range ballistic missile threats 

from Iran. The Director of MDA shall commence any siting 

studies and other required evaluations necessary to carry out 

the homeport reassignment of the SBX to the east coast. The 

Director of MDA shall commence a study to evaluate at least 

three possible additional locations, selected by the Director of 

MDA, that would be best suited for future deployment of an 

advanced missile defense sensor site at a location, whether in 

the United States or not, optimized against threats from Iran. 

In the event that the Department of Defense determines to move 

the SBX to the east coast, such a relocation may not be carried 

out until the date on which the Director of MDA certifies to the 

congressional defense committees that Hawaii will have adequate 

missile defense coverage prior to any reassignment of the 

homeport of the SBX. The Director of MDA shall include in the 

budget request for each fiscal year until December 31, 2020 an 

update on his progress in implementing this provision.

Concept development of space-based missile defense layer (sec. 

1685)

The House bill contained a provision (sec. 1675) that 

would require the Director of the Missile Defense Agency (MDA), 

no later than 30 days after the date of the enactment of this 

Act, to commence a concept definition, design, research, 

development, and engineering evaluation of a space-based 

ballistic missile intercept and defeat layer to the ballistic 
296

missile defense system, and submit a report to the 

congressional defense committees on the findings of such concept 

development no later than 1 year after the date of the enactment 

of this Act. 

The Senate bill contained no similar provision, but 

included language in the report accompanying its bill, that 

would request a report from the Missile Defense Agency on the 

need for a space-based interceptor layer, assessment of the 

maturity of necessary technology, and an estimate of the 

effectiveness and cost of such a space-based missile defense 

layer.

The Senate recedes with an amendment that would require 

the Director of the Missile Defense Agency, in coordination with 

the Director of the Defense Advanced Research Project Agency and 

the Secretary of the Air Force, to commence the concept 

definition of a space-based ballistic missile intercept layer 

and report its findings to the defense committees not later than 

1 year after the date of enactment of this Act. The conference 

agreement does not include the language in the original House 

provision that would direct MDA to begin design, engineering 

evaluations, or research and development on a space-based layer. 

Not later than March 31, 2016, the Director of the Missile 

Defense Agency shall provide to the congressional defense 

committees an interim briefing on the plan described in

subsection (c) (2). In light of this conference agreement, the 

Missile Defense Agency does not have to submit to the 

congressional defense committees the report on a space-based 

missile defense interceptor as directed in the Senate Report 

114-49 accompanying the Senate bill.

Aegis ashore capability development (sec. 1686)

The House bill contained a provision (sec. 1676) that 

would require the Director of the Missile Defense Agency, in 

coordination with the chief of Naval Operations and the Chief of 

Staff of the Army, to evaluate the role, feasibility, cost, and 

cost benefit of additional Aegis Ashore sites and upgrades to 

current ballistic missile defense system sensors to offset 

capacity demands on current Aegis ships, Aegis Ashore sites, and 

Patriot and Terminal High Altitude Area Defense capability and 

to meet the requirements of the combatant commanders. Such 

review would be further reviewed and evaluated by the Secretary 

of Defense and the Chairman of the Joint Chiefs of Staff. It 

would further require that the Under Secretary of Defense for 

Policy and the Secretary of State to jointly identify any 

obstacles to foreign military sales of Aegis Ashore or cofinancing of additional Aegis Ashore sites. 
297

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that includes certain 

technical changes that would eliminate the requirement for the 

President to enter into negotiations on host nation agreements 

for Aegis Ashore sites. The conferees also add direction that 

the Secretary of Defense and Chairman of the Joint Chiefs 

include in their evaluation recommendations for potential future 

locations of Aegis Ashore sites. 

Development of requirements to support integrated air and 

missile defense capabilities (sec. 1687)

The House bill contained a provision (sec. 1677) that 

would require the Chairman of the Joint Chiefs of Staff to 

provide the appropriate congressional committees a briefing on 

the military requirement for left-of-launch capability and any 

current capability gaps in meeting such requirement. 

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would direct the 

Vice Chairman of the Joint Chiefs of Staff to oversee the 

development of warfighter requirements for persistent and 

survivable capabilities to detect, identify, determine the 

status, track, and support engagement of strategically important 

mobile or relocatable assets. The requirements shall be used 

for the purpose of informing applicable acquisition programs 

(including those involving systems-of-systems required to 

integrate multiple inputs and outputs of related left-of-launch 

information) and architecture planning funded through the 

Military Intelligence Program, the National Intelligence 

Program, and non-intelligence programs. The Vice Chairman shall 

also oversee the development of the enabling framework for 

intelligence support to integrated air and missile defense and, 

as appropriate, the development of requirements for capabilities 

to be acquired to achieve integrated operation.

Extension of requirement for Comptroller General of the United 

States review and assessment of missile defense acquisition 

programs (sec. 1688)

The House bill contained a provision (sec. 1075) that 

would repeal or revise reporting requirements related to missile 

defense. These requirements include removing annual reports on 

the Missile Defense Executive Board, and removing a required 

report on the Ground-based Midcourse Defense system. 

The Senate amendment contained a provision (sec. 1660) 

that would amend section 232 of the National Defense 

Authorization Act for Fiscal Year 2012 (Public Law 112-81) and 
298

would extend various reporting requirements by an additional 5 

years to Comptroller General of the United States reviews and 

assessments of missile defense acquisition programs. 

The House recedes with a clarifying amendment. We note 

that several annual reporting requirements directed toward the 

Missile Defense Agency have expired and urge the Department to 

update its report database accordingly. 

Plan for medium range ballistic missile defense sensor 

alternatives for enhanced defense of Hawaii (sec. 1689)

The House bill contained a provision (sec. 1674) that 

would express the sense of Congress regarding ballistic missile 

defense sensor and sensor discrimination capability. This 

provision would further require the Director of the Missile 

Defense Agency to conduct an evaluation of potential options for 

fielding a medium range ballistic missile defense sensor for the 

defense of Hawaii. Such evaluation would have to be submitted to 

the congressional defense committees no later than 60 days after 

the date of the enactment of this Act. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would change the 

required plan to a required report on options for augmenting the 

missile defense of Hawaii.

Milestone A decision for the Conventional Prompt Global Strike 

Weapons System (sec. 1690)

The Senate amendment contained a provision (sec. 1673) 

that would require the Secretary of Defense to make a Milestone 

A decision for the conventional prompt global strike program no 

later than September 30, 2020, or 8 months after the successful 

completion of the Intermediate Range Flight 2 test.

The House bill contained no similar provision. 

The House recedes with an amendment that would transform 

the provision into a sense of Congress with a reporting 

requirement. The conferees expect the Department to include in 

the required report whether there are any potential ambiguity 

problems created by conventional prompt global strike 

capability, including any involving the launch of a 

conventionally-armed ballistic missile from a submarine 

platform, that it is aware of as of the date of the Milestone A 

acquisition decision, and if so, to also include in the required 

report what specific measures he is recommending to address 

those problems. Additionally, such report should include 

whether there are any appropriate bilateral cooperative or 
299

verification measures he recommends and the timeline for 

decision and implementation of such measures and their cost.

LEGISLATIVE PROVISIONS NOT ADOPTED

Clarification of annual briefing on the intelligence, 

surveillance, and reconnaissance requirements of the combatant 

commands

The House bill contained a provision (sec. 1627) that 

would include the United States Special Operations Command in 

the annual briefing required under section 1626 of the National 

Defense Authorization Act for Fiscal Year 2015 (Public Law 113-

291).

The Senate amendment contained no similar provision.

The House recedes. 

The conferees expect any U.S. Special Operations Command 

ISR requirements to be briefed to the defense committees within 

the existing combatant command briefing structure as defined 

under section 1626 of the National Defense Authorization Act for 

Fiscal Year 2015. 

Comprehensive plan of Department of Defense to support civil 

authorities in response to cyber attacks by foreign powers

The Senate amendment contained a provision (sec. 1638) 

that would require the Secretary of Defense to develop a 

comprehensive plan for the United States Cyber Command to 

support civil authorities in responding to cyber attacks by 

foreign powers against the United States or a United States 

person.

The House bill contained no similar provision.

The Senate recedes. 

The conferees note that elsewhere in the conference 

agreement a comprehensive plan on Department of Defense support 

to civil authorities is required as part of a provision 

requiring the Secretary of Defense to conduct national-level 

cyber exercises. 

Limitation on availability of funds for long-range 

discriminating radar

The House bill contained a provision (sec. 1664) that 

would prohibit any authorized funds by this Act for fiscal year 

2016 for military construction of the Long-Range Discriminating 

Radar (LRDR) until the Director of Cost Assessment and Program 

Evaluation submits an assessment, no later than 60 days after 
300

the enactment of this Act, to the congressional defense 

committees concerning the cost of the sensor architecture 

required, and that the Commander, U.S. Strategic Command and the 

Commander, U.S. Northern Command jointly certify the proposed 

site for the LRDR best supports missile defense and space 

situational awareness.

The Senate amendment contained no similar provision. 

The House recedes. The conferees direct the Commander of 

U.S. Northern Command, jointly with the Commander of U.S. Air 

Force Space Command, the Director, Missile Defense Agency, and 

the Director of National Intelligence, to provide a briefing to 

the congressional defense committees not later than April 1, 

2016 concerning the plan for the Cobra Dane radar capability at 

Shemya, Alaska, including the military requirements it currently 

serves and whether those requirements will continue to require a 

material capability solution, including those requirements not 

related to missile defense; and any sustainment and 

modernization decision timelines and costs.

Sense of Congress on maintaining and enhancing military 

intelligence support to force protection for installations, 

facilities, and personnel of the Department of Defense

The Senate bill contained a provision (sec. 1674) that 

would provide a sense of Congress on the importance of military 

intelligence for force protection. 

The House-reported bill contained no similar provision.

The Senate recedes.

DIVISION B—MILITARY CONSTRUCTION 

AUTHORIZATIONS

Summary and explanation of funding tables

Division B of this Act would authorize funding for 

military construction projects of the Department of Defense 

(DOD). It includes funding authorizations for the construction 

and operation of military family housing as well as military 

construction for the reserve components, the defense agencies, 

and the North Atlantic Treaty Organization (NATO) Security 

Investment Program. It would also provide authorization for the 

base closure accounts that fund military construction, 

environmental cleanup, and other activities required to 

implement the decisions in base closure rounds.
301

Short title (sec. 2001)

The House bill contained a provision (sec. 2001) that 

would designate division B of this Act as the Military 

Construction Authorization Act for Fiscal Year 2016.

The Senate amendment contained an identical provision 

(sec. 2001). 

The conference agreement includes this provision.

Expiration of authorizations and amounts required to be 

specified by law (sec. 2002)

The House bill contained a provision (sec. 2002) that 

would ensure that the authorizations provided in titles XXI 

through XXVII and title XXIX of this Act shall expire on October 

1, 2018, or the date of enactment of an act authorizing funds 

for military construction for fiscal year 2019, whichever is 

later.

The Senate amendment contained a similar provision (sec. 

2002). 

The House recedes. 

Effective date (sec. 2003)

The House bill contained a provision (sec. 2003) that 

would provide that titles XXI, XXII, XXIII, XXIV, XXV, XXVI, 

XXVII, and XXIX of this Act shall take effect on October 1, 

2015, or the date of enactment of this Act, whichever is later.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would not 

include title XXIX for Overseas Contingency Operations funding. 

TITLE XXI—ARMY MILITARY CONSTRUCTION

Summary

The budget request included authorization of 

appropriations of $743.3 million for military construction and 

$493.2 million for family housing for the Army for fiscal year 

2016.

The conference agreement includes authorization of 

appropriations of $727.7 million for military construction and 

$493.2 million for family housing for the Army for fiscal year 

2016.

Both the House bill and the Senate amendment cut $43.0 

million operations center in San Antonio and the $37.0 million 
302

instruction building at Joint Base Meyer-Henderson Hall from the 

President’s budget request. Therefore, funding was not included 

for these projects.

The conference agreement includes funding for two access 

control point projects at Fort Meade and $30.0 million for an 

Arlington National Cemetery Defense Access Road project in 

accordance with the unfunded priorities of the Army.

LEGISLATIVE PROVISIONS ADOPTED

Authorized Army construction and land acquisition projects (sec. 

2101)

The House bill contained a provision (sec. 2101) that 

would contain the list of authorized Army construction projects 

for fiscal year 2016. The authorized amounts are listed on an 

installation-by-installation basis. The state list contained in 

this Act is intended to be the binding list of the specific 

projects authorized at each location.

The Senate amendment contained a similar provision (sec. 

2101). 

The House recedes with a technical amendment.

Family housing (sec. 2102)

The House bill contained a provision (sec. 2102) that 

would authorize new construction and planning and design of 

family housing units for the Army for fiscal year 2016.

The Senate amendment contained an identical provision 

(sec. 2102). 

The conference agreement includes the provision.

Improvements to military family housing units (sec. 2103)

The House bill contained a provision (sec. 2103) that 

would authorize the Secretary of the Army to make improvements 

to existing units of family housing for fiscal year 2016.

The Senate amendment contained an identical provision 

(sec. 2103). 

The conference agreement includes the provision.

Authorization of appropriations, Army (sec. 2104)

The House bill contained a provision (sec. 2104) that 

would authorize appropriations for Army military construction at 

the levels identified in section 4601 of division D of this Act.
303

The Senate amendment contained a similar provision (sec. 

2104). 

The Senate recedes.

The conferees note that the amounts associated with the 

following projects remain available under the original project 

authorization: 

(1) $226.4 million (the balance of the amount 

authorized under section 2101(a) of the Military Construction 

Authorization Act for Fiscal Year 2015 (division B of Public Law 

113–291) for a Command and Control Facility at Fort Shafter, 

Hawaii);

(2) $6.0 million (the balance of the amount 

authorized under section 2101(a) of the Military Construction 

Authorization Act for Fiscal Year 2013 (division B of Public Law 

112–239; 126 Stat. 2119) for cadet barracks at the United States 

Military Academy, New York); and

(3) $78.0 million (the balance of the amount 

authorized under section 2101(a) of the Military Construction 

Authorization Act for Fiscal Year 2013 (division B of Public Law 

112–239; 126 Stat. 2119), as amended by section 2105(d) of this 

Act, for a Secure Administration/Operations Facility at Fort 

Belvoir, Virginia).

Modification of authority to carry out certain fiscal year 2013 

project (sec. 2105)

The House bill contained a provision (sec. 2105) that 

would modify the authority provided by section 2101 of the 

Military Construction Authorization Act for Fiscal Year 2013 

(division B of Public Law 112-239) and authorize the Secretary 

of the Army to make certain modifications to the scope of a 

previously authorized construction project.

The Senate amendment contained an identical provision 

(sec. 2105). 

The conference agreement includes the provision.

Extension of authorizations of certain fiscal year 2012 projects 

(sec. 2106)

The House bill contained a provision (sec. 2106) that 

would extend the authorization of a certain projects originally 

authorized in section 2101 of the Military Construction 

Authorization Act for Fiscal Year 2012 (division B of Public Law 

112-81) until October 1, 2016, or the date of the enactment of 

an act authorizing funds for military construction for fiscal 

year 2017, whichever is later. 
304

The Senate amendment contained a similar provision (sec. 

2106). 

The Senate recedes. 

Extension of authorizations of certain fiscal year 2013 projects 

(sec. 2107)

The House bill contained a provision (sec. 2107) that 

would extend the authorization of certain projects originally 

authorized by section 2101 of the Military Construction 

Authorization Act for Fiscal Year 2013 (division B of Public Law 

112-239) until October 1, 2016, or the date of the enactment of 

an act authorizing funds for military construction for fiscal 

year 2017, whichever is later. 

The Senate amendment contained a similar provision (sec. 

2107). 

The House recedes.

Additional authority to carry out certain fiscal year 2016 

projects (sec. 2108)

The House bill contained a provision (sec. 2108) that 

would authorize a military construction project in the amount of 

$6.0 million to construct a multi-sport athletic field and track 

and perimeter road and fencing and acquire approximately 5 acres 

of land adjacent to the existing Sterrebeek Dependent School 

site in Brussels, Belgium, to allow relocation of Army functions 

to the site in support of the European Infrastructure 

Consolidation effort. In addition, this section would authorize 

a payment-in-kind project in the amount of $12.4 million to 

construct a vehicle bridge and traffic circle to facilitate 

traffic flow to and from the Medical Center at Rhine Ordnance 

Barracks, Germany. 

The Senate amendment contained a provision that would 

authorize the payment-in-kind project but not the project 

related to the Sterrebeek Dependent School (sec. 2108). 

The House recedes.

The conferees have included another provision elsewhere in 

the bill to amend a prior year authorization for the Sterrebeek 

Dependent School to allow the additional land purchase and 

improvements.

LEGISLATIVE PROVISIONS NOT ADOPTED

Limitation on construction of new facilities at Guantanamo Bay, 

Cuba
305

The Senate amendment contained a provision (sec. 2109) 

that would limit funding authorized by the bill for new 

facilities at Guantanamo Bay, Cuba, until the Secretary of 

Defense certifies to the congressional defense committees that 

any new construction of facilities at Guantanamo Bay, Cuba, have

enduring military value independent of a high-value detention 

mission. 

The House bill contained no similar provision. 

The Senate recedes. 

TITLE XXII—NAVY MILITARY CONSTRUCTION

Summary

The budget request included authorization of 

appropriations of $1.6 billion for military construction and 

$369.6 million for family housing for the Navy for fiscal year 

2016.

The conference agreement includes authorization of 

appropriations of $1.6 billion for military construction and 

$369.6 million for family housing for the Navy for fiscal year 

2016.

The conferees are concerned with the Navy’s proposal to 

construct civilian infrastructure not directly related to 

military activities at Townsend Range, Georgia. Therefore, the 

conference agreement does not include $5.0 million for the two 

civilian fire stations included within the project request for 

the Townsend Range expansion.

The conference agreement includes funding for two projects 

from the Marine Corps unfunded requirements list - $11.2 million 

for the KC-130J Enlisted Air Crew Trainer at Miramar, 

California, and $23.3 million for Air Field Security 

Improvements at Cherry Point Marine Corps Air Station, North 

Carolina.

LEGISLATIVE PROVISIONS ADOPTED

Authorized Navy construction and land acquisition projects (sec. 

2201)

The House bill contained a provision (sec. 2201) that 

would contain the list of authorized Navy construction projects 

for fiscal year 2016. The authorized amounts are listed on an 

installation-by-installation basis. The state list contained in 

this Act is intended to be the binding list of the specific 

projects authorized at each location.
306

The Senate amendment contained a similar provision (sec. 

2201).

The Senate recedes with a technical amendment.

Family housing (sec. 2202)

The House bill contained a provision (sec. 2202) that 

would authorize new construction and planning and design of 

family housing units for the Department of the Navy for fiscal 

year 2016.

The Senate amendment contained an identical provision 

(sec. 2202).

The conference agreement includes this provision.

Improvements to military family housing units (sec. 2203)

The House bill contained a provision (sec. 2203) that 

would authorize the Secretary of the Navy to make improvements 

to existing units of family housing for fiscal year 2016.

The Senate amendment contained an identical provision 

(sec. 2203).

The conference agreement includes this provision.

Authorization of appropriations, Navy (sec. 2204)

The House bill contained a provision (sec. 2204) that 

would authorize appropriations for Navy military construction at 

the levels identified in section 4601 of division D of this Act.

The Senate amendment contained a similar provision (sec. 

2204).

The Senate recedes.

The conferees note that the amounts associated with the 

following projects remain available under the original project 

authorization: 

(1) $274,099,000 (the balance of the amount 

authorized under section 2201(a) of the Military Construction 

Authorization Act for Fiscal Year 2012 (division B of Public Law 

112–81; 125 Stat. 1666) for an explosive handling wharf at 

Kitsap, Washington); and

(2) $68,196,000 (the balance of the amount 

authorized under section 2201(b) of the Military Construction 

Authorization Act for Fiscal Year 2010 (division B of Public Law 

111–84; 123 Stat. 2633) for ramp parking at Joint Region 

Marianas, Guam).

Extension of authorizations of certain fiscal year 2012 projects 

(sec. 2205)
307

The House bill contained a provision (sec. 2205) that 

would extend the authorizations listed, and originally included 

in section 2201 of the Military Construction Authorization Act 

for Fiscal Year 2012 (division B of Public Law 11281), until 

October 1, 2016, or the date of the enactment of an act 

authorizing funds for military construction for fiscal year 

2017, whichever is later. 

The Senate amendment contained an identical provision 

(sec. 2205).

The conference agreement includes this provision.

Extension of authorizations of certain fiscal year 2013 projects 

(sec. 2206)

The House bill contained a provision (sec. 2206) that 

would extend the authorizations listed until October 1, 2016, or 

the date of the enactment of an act authorizing funds for 

military construction for fiscal year 2017, whichever is later.

The Senate amendment contained an identical provision 

(sec. 2206).

The conference agreement includes this provision.

LEGISLATIVE PROVISIONS NOT ADOPTED

Townsend Bombing Range expansion, Phase 2

The House bill contained a provision (sec. 2207) that 

would provide special conveyance authority to the Secretary of 

the Navy for two fire and emergency response stations as part of 

the land acquisition agreement to support emergency services for 

Townsend Bombing Range Expansion, Phase 2, Marine Corps Air 

Station Beaufort, Townsend, Georgia.

The Senate amendment contained no similar provision.

The House recedes.

TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION

Summary

The budget request included authorization of 

appropriations of $1.4 billion for military construction and 

$491.7 million for family housing for the Air Force in fiscal 

year 2016.

The conference agreement includes authorization of 

appropriations of $1.4 billion for military construction and 
308

$491.7 million for family housing for the Air Force in fiscal 

year 2016.

The conference agreement includes $21.0 million for a 

Communications Facility at Luke Air Force Base, Arizona, in 

accordance with the unfunded priorities of the Air Force.

LEGISLATIVE PROVISIONS ADOPTED

Authorized Air Force construction and land acquisition projects 

(sec. 2301)

The House bill contained a provision (sec. 2301) that 

would contain the list of authorized Air Force construction 

projects for fiscal year 2016. The authorized amounts are listed 

on an installation-by-installation basis. The state list 

contained in this Act is intended to be the binding list of the 

specific projects authorized at each location.

The Senate amendment contained a similar provision (sec. 

2301).

The Senate recedes with a technical amendment.

Family housing (sec. 2302)

The House bill contained a provision (sec. 2302) that 

would authorize new construction and planning and design of 

family housing units for the Air Force for fiscal year 2016. 

The Senate amendment contained an identical provision 

(sec. 2302).

The conference agreement includes this provision.

Improvements to military family housing units (sec. 2303)

The House bill contained a provision (sec. 2303) that 

would authorize the Secretary of the Air Force to make 

improvements to existing units of family housing for fiscal year 

2016.

The Senate amendment contained an identical provision 

(sec. 2303).

The conference agreement includes this provision.

Authorization of appropriations, Air Force (sec. 2304)

The House bill contained a provision (sec. 2304) that 

would authorize appropriations for Air Force military 

construction at the levels identified in section 4601 of 

division D of this Act.
309

The Senate amendment contained a similar provision (sec.

2304).

The House recedes.

Modification of authority to carry out certain fiscal year 2010 

project (sec. 2305)

The House bill contained a provision (sec. 2305) that 

would modify the authority provided by section 2301 of the 

Military Construction Authorization Act for Fiscal Year 2010 

(division B of Public Law 111-84) and authorize the Secretary of 

the Air Force to make certain modifications to the scope of a 

previously authorized construction project.

The Senate amendment contained an identical provision 

(sec. 2305).

The conference agreement includes this provision.

Modification of authority to carry out certain fiscal year 2014 

project (sec. 2306)

The House bill contained a provision (sec. 2306) that 

would modify the authority provided by section 2301 of the 

Military Construction Authorization Act for Fiscal Year 2014 

(division B of Public Law 113-66) and authorize the Secretary of 

the Air Force to make certain modifications to the scope of a 

previously authorized construction project. This section would 

also require a notification and 14-day wait period, or 7-day 

wait period if submitted via electronic medium, to the 

Committees on Armed Services of the Senate and the House of 

Representatives on the selected project location before 

commencing construction. 

The Senate amendment contained a similar provision (sec. 

2306).

The Senate recedes with an amendment that would include a 

congressional notification requirement.

Modification of authority to carry out certain fiscal year 2015 

project (sec. 2307)

The House bill contained a provision (sec. 2307) that 

would modify the authority provided by section 2301 of the 

Military Construction Authorization Act for Fiscal Year 2015 

(division B of Public Law 113-291) to authorize the Secretary of 

the Air Force to make certain modifications to the scope of a 

previously authorized construction project. 

The Senate amendment contained an identical provision 

(sec. 2307).
310

The conference agreement includes this provision.

Extension of authorization of certain fiscal year 2012 project 

(sec. 2308)

The House bill contained a provision (sec. 2308) that 

would extend the authorization listed, originally provided by 

section 2301 of the Military Construction Authorization Act for 

Fiscal Year 2012 (division B of Public Law 112-81), until 

October 1, 2016, or the date of the enactment of an act 

authorizing funds for military construction for fiscal year 

2017, whichever is later. 

The Senate amendment contained a similar provision (sec. 

2308).

The conference agreement includes the House provision. 

Extension of authorization of certain fiscal year 2013 project 

(sec. 2309)

The House bill contained a provision (sec. 2309) that 

would extend the authorization listed, originally provided by 

section 2301 of the Military Construction Authorization Act for 

Fiscal Year 2013 (division B of Public Law 112-239), until 

October 1, 2016, or the date of the enactment of an act 

authorizing funds for military construction for fiscal year 

2017, whichever is later.

The Senate amendment contained an identical provision 

(sec. 2309).

The conference agreement includes this provision. 

Certification of optimal location for Joint Intelligence 

Analysis Complex and plan for rotation of forces at Lajes Field, 

Azores (sec. 2310)

The House bill contained a provision (sec. 2310) that 

would restrict funding for the construction of the Joint 

Intelligence Analysis Complex Consolidation, Phase 2, at Royal 

Air Force Croughton, United Kingdom, until the Secretary of the 

Air Force, in coordination with the Director of the Defense 

Intelligence Agency, submits a report to the congressional 

defense committees and would also limit actions to realign 

forces at Lajes Air Force Base, Azores, until the Secretary of 

Defense made certain determinations.

The Senate amendment contained no similar provisions.

The Senate recedes with an amendment that would require 

the Secretary of Defense to certify to the congressional defense 

committees that the Secretary has determined that Royal Air 
311

Force Croughton, United Kingdom, remains the optimal location 

for recapitalization of the Joint Intelligence Analysis Complex 

before amounts may be expended for the construction of the Joint 

Intelligence Analysis Complex Consolidation, Phase 2, at Royal 

Air Force Croughton, United Kingdom, as authorized by section 

2301(b). The Secretary of Defense would also be required to 

submit to the congressional defense committees a determination 

of the operational viability of Lajes Field, Azores, for certain 

uses. If the Secretary of Defense determines that Lajes Field 

is a viable option for certain uses, the Secretary would be 

required to submit to the congressional defense committees a 

plan for such uses. 

TITLE XXIV—DEFENSE AGENCIES MILITARY 

CONSTRUCTION

Summary

The budget request included authorization of 

appropriations of $2.3 billion for military construction for the 

defense agencies and $58.7 million for family housing for the 

defense agencies for fiscal year 2016.

The conference agreement includes authorization of 

appropriations of $2.3 billion for military construction for the 

defense agencies and $58.7 million for family housing for the 

defense agencies for fiscal year 2016. 

The budget request included $239.9 million for the 

Hospital Replacement, Increment 7 at Fort Bliss, Texas. The 

conferees support the authorization for appropriations in an 

amount equivalent to the ability of the military department to 

execute in the year of the authorization for appropriations. For 

this project, the conferees believe that the Department of 

Defense has exceeded its ability to fully expend the funding 

requested for fiscal year 2016. As such, the conference 

agreement recommends $189.9 million, a reduction of $50.0 

million, for this project. 

The budget request included $47.2 million for the SOF 

Logistics Support Unit One Ops Fac. #2 at Naval Base Coronado, 

California. The conferees note that the utilities needed to 

support this facility are not available and are not programmed 

until fiscal year 2017. Without these utilities, the conferees 

note that the facility would not be complete and useable. While 

the conferees support the requirement for this project, and the 

conference agreement includes $47.2 million for this project, 

the conferees expect the Department of Defense to sequence the 

construction of this project in a manner that ensures the 
312

required supporting utilities are available at the time the 

construction is complete. 

The budget request included $10.0 million for contingency 

construction at various world-wide locations. The conferees note 

that the Department of Defense has not requested a military 

construction project using funds from this account since 2008. 

As such, the conference agreement recommends no funds, a 

reduction of $10.0 million, for this program. 

In addition, the conferees recommend an increase of 

funding for a military construction project not included in the 

budget request, $30.0 million for the Missile Defense Agency 

Military Construction Planning and Design activities for an East 

Coast site for homeland missile defense.

LEGISLATIVE PROVISIONS ADOPTED

Authorized defense agencies construction and land acquisition 

projects (sec. 2401)

The House bill contained a provision (sec. 2401) that 

would contain the list of authorized defense agencies' 

construction projects for fiscal year 2016. The authorized 

amounts are listed on an installation-by-installation basis. The 

state list contained in this Act is intended to be the binding 

list of the specific projects authorized at each location.

The Senate amendment contained a similar provision (sec. 

2401).

The House recedes with a technical amendment.

Authorized energy conservation projects (sec. 2402)

The House bill contained a provision (sec. 2402) that 

would authorize the Secretary of Defense to carry out energy 

conservation projects valued at a cost greater than $3.0 million 

at the amounts authorized for each project at a specific 

location. This section would also authorize the sum total of 

projects across various locations, each project of which is less 

than $3.0 million. This section would also preclude the ability 

to set-aside operation and maintenance facilities restoration 

and modernization funds for the exclusive purpose of funding 

energy projects. It would require installation energy projects 

to compete in the normal process of determining installation 

requirements.

The Senate amendment contained a similar provision (sec. 

2402).

The House recedes with a technical amendment. 
313

Authorization of appropriations, defense agencies (sec. 2403)

The House bill contained a provision (sec. 2403) that 

would authorize appropriations for defense agencies' military 

construction at the levels identified in section 4601 of 

division D of this Act.

The Senate amendment contained a similar provision (sec. 

2403).

The House recedes with a technical amendment.

The conferees note that the amounts associated with the 

following projects remain available under the original project 

authorization:

(1) $20,800,000 (the balance of the amount 

authorized under section 2401(b) of the Military Construction 

Authorization Act for Fiscal Year 2013 (division B of Public Law 

112–239; 126 Stat. 2129) for the Aegis Ashore Missile Defense 

System Complex at Deveselu, Romania);

(2) $141,039,000 (the balance of the amount 

authorized under section 2401(a) of the Military Construction 

Authorization Act for Fiscal Year 2012 (division B of Public Law 

112–81; 125 Stat. 1672), as amended by section 2404(a) of the 

Military Construction Authorization Act for Fiscal Year 2013 

(division B Public Law 112–239; 126 Stat. 2131), for a data 

center at Fort Meade, Maryland);

(3) $50,500,000 (the balance of the amount 

authorized under section 2401(a) of the Military Construction 

Authorization Act for Fiscal Year 2012 (division B of Public Law 

112–81; 125 Stat. 1672) for an Ambulatory Care Center at Joint 

Base Andrews, Maryland);

(4) $54,300,000 (the balance of the amount 

authorized under section 2401(a) of the Military Construction 

Authorization Act for Fiscal Year 2012 (division B of Public Law 

112–81; 125 Stat. 1672) for an Ambulatory Care Center at Joint 

Base San Antonio, Texas); and

(5) $123,827,000 (the balance of the amount 

authorized as a Military Construction, Defense-Wide project by 

title X of the Supplemental Appropriations Act, 2009 (Public Law 

111–32; 123 Stat. 1888) for a data center at Camp Williams, 

Utah).

The conferees also note that overlapping statutory 

authorities between title 10, United States Code, and title 50, 

United States Code, have resulted in challenges and delays in 

executing a recent emergency military construction project. 

Specifically, the overlap found in section 2803 of title 10, 

United States Code, and section 3304 of title 50, United States 

Code, resulted in a significant delay in a request for emergency 

funds. Therefore, the conferees direct the Secretary of Defense, 
314

in consultation with the Director of National Intelligence, to 

provide a briefing to the congressional defense committees and 

the congressional intelligence committees not later than March 

1, 2016, on the statutory authorities for infrastructure 

investments that support both the Department of Defense and the 

Intelligence Community. The briefing should include a comparison 

of authorities found in both titles for infrastructure 

investments, a discussion of any discrepancies between the 

authorities, the impact that identified discrepancies may have 

on the timely execution of an infrastructure investment, and, if 

necessary, recommendations for legislation to clarify or 

streamline the statutory authorities to ensure the timely and 

effective execution of an infrastructure investment.

Furthermore, the conferees expect supporting classified 

material for any ongoing or future classified projects to be 

delivered to the congressional defense committees in a more 

timely fashion, to ensure proper oversight and consideration is 

given to these projects.

Modification of authority to carry out certain fiscal year 2012 

project (sec. 2404)

The House bill contained a provision (sec. 2404) that 

would modify the authority provided by section 2401 of the 

Military Construction Authorization Act for Fiscal Year 2012 

(division B of Public Law 112-81), as amended, to authorize the 

Secretary of Defense to make certain modifications to the scope 

of a previously authorized construction project.

The Senate amendment contained a similar provision (sec. 

2404).

The House recedes. 

Extension of authorizations of certain fiscal year 2012 projects 

(sec. 2405)

The House bill contained a provision (sec. 2405) that 

would extend the authorizations listed, originally authorized by 

section 2401 of the Military Construction Authorization Act for 

Fiscal Year 2012 (division B of Public Law 112-81), until 

October 1, 2016, or the date of the enactment of an act 

authorizing funds for military construction for fiscal year 

2017, whichever is later.

The Senate amendment contained an identical provision 

(sec. 2405).

The conference agreement includes this provision.
315

Extension of authorizations of certain fiscal year 2013 projects 

(sec. 2406)

The House bill contained a provision (sec. 2406) that 

would extend the authorizations listed, originally authorized by 

section 2401 of the Military Construction Authorization Act for 

Fiscal Year 2013 (division B of Public Law 112-239), until 

October 1, 2016, or the date of the enactment of an act 

authorizing funds for military construction for fiscal year 

2017, whichever is later.

The Senate amendment contained a similar provision (sec. 

2406).

The House recedes.

Modification and extension of authority to carry out fiscal year 

2014 project (sec. 2407)

The House bill contained a provision (sec. 2407) that 

would modify the authority provided by section 2401 of the 

Military Construction Authorization Act for Fiscal Year 2014 

(division B of Public Law 113-66), to authorize the Secretary of 

Defense to make certain modifications to the scope of a 

previously authorized construction project. This provision would 

also extend the authorization authority of the project through 

October 1, 2018, or the date of enactment of an Act authorizing 

funds for military construction for fiscal year 2019.

The Senate amendment contained a similar provision (sec. 

2407).

The House recedes.

Modification of authority carry out certain fiscal year 2015 

projects (sec. 2408)

The House bill contained a provision (sec. 2108) that 

would authorize a military construction project in the amount of 

$6.0 million to construct a multi-sport athletic field and track 

and perimeter road and fencing and acquire approximately 5 acres 

of land adjacent to the existing Sterrebeek Dependent School 

site in Brussels, Belgium, to allow relocation of Army functions 

to the site in support of the European Infrastructure 

Consolidation effort. In addition, this section would authorize 

a payment-in-kind project in the amount of $12.4 million to 

construct a vehicle bridge and traffic circle to facilitate 

traffic flow to and from the Medical Center at Rhine Ordnance 

Barracks, Germany. 
316

The Senate amendment contained a provision that would 

authorize the payment-in-kind project but not the project 

related to the Sterrebeek Dependent School (sec. 2108). 

 The conference agreement includes a new provision, which 

would amend the authorization contained in section 2401 of the 

Military Construction Authorization Act for Fiscal Year 2015 

(division B of P.L. 113-291) for the Sterrebeek Dependent School 

to allow the additional land purchase and improvements.

TITLE XXV—NORTH ATLANTIC TREATY 

ORGANIZATION SECURITY INVESTMENT PROGRAM

Summary

The Department of Defense requested authorization of 

appropriations of $120.0 million for military construction in 

fiscal year 2016 for the North Atlantic Treaty Organization 

(NATO) Security Investment Program. The conference agreement 

includes this amount.

LEGISLATIVE PROVISIONS ADOPTED

Authorized NATO construction and land acquisition projects (sec. 

2501)

The House bill contained a provision (sec. 2501) that 

would authorize the Secretary of Defense to make contributions 

to the North Atlantic Treaty Organization Security Investment 

Program in an amount equal to the sum of the amount specifically 

authorized in section 2502 of this Act and the amount collected 

from the North Atlantic Treaty Organization as a result of 

construction previously financed by the United States.

The Senate amendment contained an identical provision 

(sec. 2501).

The conference agreement includes this provision.

Authorization of appropriations, NATO (sec. 2502)

The House bill contained a provision (sec. 2502) that 

would authorize appropriations for the North Atlantic Treaty 

Organization Security Investment Program at the levels 

identified in section 4601 of division D of this Act.

The Senate amendment contained an identical provision 

(sec. 2502).

The conference agreement includes this provision.
317

TITLE XXVI—GUARD AND RESERVE FORCES 

FACILITIES

Summary

The Department of Defense requested authorization of 

appropriations of $517.3 million for military construction in 

fiscal year 2016 for facilities for the National Guard and 

reserve components.

The conference agreement includes authorization of 

appropriations of $619.3 million for military construction in 

fiscal year 2016 for facilities for the National Guard and 

reserve components.

The conference agreement includes three Army National 

Guard projects from the unfunded priority list - a $4.5 million 

vehicle maintenance shop at Camp Foley, Alabama, a $6.8 million 

tactical aerial unmanned systems facility at Fort Stewart, 

Georgia, and a $40.0 million aviation classification and repair 

facility at Gulfport, Mississippi.

The conference agreement includes two Army Reserve 

projects from the unfunded priority list – a $10.2 million 

access control point at Fort Buchanan, Puerto Rico, and a $24.0 

million equipment concentration facility at Fort A.P. Hill, 

Virginia.

The conference agreement includes one Air National Guard 

project from the unfunded priority list – a $6.1 million Space 

Control Facility at Cape Canaveral Air Force Station, Florida. 

The Conference agreement includes one Air Force Reserve 

project from the unfunded priority list – a $10.4 million Fire 

Station/Security Complex at Dobbins Air Reserve Base, Georgia. 

SUBTITLE A—PROJECT AUTHORIZATIONS AND 

AUTHORIZATIONS OF APPROPRIATIONS

Authorized Army National Guard construction and land acquisition 

projects (sec. 2601)

The House bill contained a provision (sec. 2601) that 

would contain the list of authorized Army National Guard 

construction projects for fiscal year 2016. The authorized 

amounts are listed on an installation-by-installation basis. The 

state list contained in this Act is intended to be the binding 

list of the specific projects authorized at each location.

The Senate amendment contained a similar provision (sec. 

2601).
318 

The House recedes.

Authorized Army Reserve construction and land acquisition 

projects (sec. 2602) 

 The House bill contained a provision (sec. 2602) that 

would contain the list of authorized Army Reserve construction 

projects for fiscal year 2016. The authorized amounts are listed 

on an installation-by-installation basis. The state list 

contained in this Act is intended to be the binding list of the 

specific projects authorized at each location. 

 The Senate amendment contained a similar provision (sec. 

2602). 

 The House recedes with a technical amendment. 

Authorized Navy Reserve and Marine Corps Reserve construction 

and land acquisition projects (sec. 2603) 

 The House bill contained a provision (sec. 2603) that 

would contain the list of authorized Navy Reserve and Marine 

Corps Reserve construction projects for fiscal year 2016. The 

authorized amounts are listed on an installation-by-installation 

basis. The state list contained in this Act is intended to be 

the binding list of the specific projects authorized at each 

location. 

 The Senate amendment contained a similar provision (sec. 

2603). 

 The Senate recedes. 

Authorized Air National Guard construction and land acquisition 

projects (sec. 2604) 

 The House bill contained a provision (sec. 2604) that 

would contain the list of authorized Air National Guard 

construction projects for fiscal year 2016. The authorized 

amounts are listed on an installation-by-installation basis. The 

state list contained in this Act is intended to be the binding 

list of the specific projects authorized at each location. 

 The Senate amendment contained a similar provision (sec. 

2604). 

 The Senate recedes with a technical amendment. 

Authorized Air Force Reserve construction and land acquisition 

projects (sec. 2605) 

 The House bill contained a provision (sec. 2605) that 

would contain the list of authorized Air Force Reserve 
319

construction projects for fiscal year 2016. The authorized 

amounts are listed on an installation-by-installation basis. The 

state list contained in this Act is intended to be the binding 

list of the specific projects authorized at each location.

The Senate amendment contained a similar provision (sec. 

2605).

The House recedes.

Authorization of appropriations, National Guard and Reserve 

(sec. 2606)

The House bill contained a provision (sec. 2606) that 

would authorize appropriations for the National Guard and 

Reserve military construction at the levels identified in 

section 4601 of division D of this Act.

The Senate amendment contained a similar provision (sec. 

2606).

The House recedes.

SUBTITLE B—OTHER MATTERS

Modification and extension of authority to carry out certain 

fiscal year 2013 project (sec. 2611)

The House bill contained a provision (sec. 2611) that 

would modify the authority provided by section 2602 of the 

Military Construction Authorization Act for Fiscal Year 2013 

(division B of Public Law 112-239) to authorize the Secretary of 

the Army to make certain modifications to the scope of a 

previously authorized construction project. This section would 

also extend the authorization listed until October 1, 2016, or 

the date of the enactment of an act authorizing funds for 

military construction for fiscal year 2017, whichever is later.

The Senate amendment contained an identical provision 

(sec. 2611).

The conference agreement includes this provision.

Modification of authority to carry out certain fiscal year 2015 

projects (sec. 2612)

The Senate amendment contained a provision (sec. 2612) 

that would modify the authorizations contained in section 2604 

and 2605 of the Military Construction Authorization Act for 

Fiscal Year 2015 (division B of Public Law 113-291), for 

construction of a Guardian Angel Operations facility at Davis–

Monthan Air Force Base, Arizona, and construction of a 
320

consolidated Secure Compartmented Information Facility at Fort 

Smith Municipal Airport, Arkansas to provide for increased costs 

associated with these projects. 

The House bill contained no similar provision.

The House recedes.

Extension of authorizations of certain fiscal year 2012 projects 

(sec. 2613)

The House bill contained a provision (sec. 2612) that 

would extend the authorizations listed, originally provided by 

section 2602 the Military Construction Authorization Act for 

Fiscal Year 2012 (division B of Public Law 112-81) until October 

1, 2016, or the date of the enactment of an act authorizing 

funds for military construction for fiscal year 2017, whichever 

is later.

The Senate amendment contained a similar provision (sec. 

2613).

The Senate recedes. 

Extension of authorizations of certain fiscal year 2013 projects 

(sec. 2614)

The House bill contained a provision (sec. 2613) that 

would extend the authorizations listed, originally provided by 

sections 2601, 2602, and 2603 of the Military Construction 

Authorization Act for Fiscal Year 2013 (division B of Public Law 

112-239) until October 1, 2016, or the date of the enactment of 

an act authorizing funds for military construction for fiscal 

year 2017, whichever is later.

The Senate amendment contained a similar provision (sec. 

2614).

The Senate recedes.

TITLE XXVII—BASE REALIGNMENT AND CLOSURE 

ACTIVITIES

Summary

The budget request included $251.3 million for the ongoing 

cost of environmental remediation and other activities necessary 

to continue implementation of the 1988, 1991, 1993, 1995, and 

2005 Base Realignment and Closure rounds. 

The conference agreement includes this amount.

LEGISLATIVE PROVISIONS ADOPTED
321

Authorization of appropriations for Base Realignment and Closure 

activities funded through Department of Defense Base Closure 

Account (sec. 2701)

The House bill contained a provision (sec. 2701) that 

would authorize appropriations for ongoing activities that are 

required to implement the Base Realignment and Closure 

activities authorized by the Defense Base Closure and 

Realignment Act of 1990 (part A of title XXIX of Public Law 101-

510), at the levels identified in section 4601 of division D of 

this Act.

The Senate amendment contained an identical provision 

(sec. 2701).

The conference agreement includes this provision.

Prohibition on conducting additional Base Realignment and 

Closure (BRAC) round (sec. 2702)

The House bill contained a provision (sec. 2702) that 

would state that nothing in this Act shall be construed to 

authorize an additional Base Realignment and Closure (BRAC) 

round, affirming congressional intent to reject the budget 

request to authorize another BRAC round in 2017.

The Senate amendment contained a similar provision (sec. 

2702).

The Senate recedes. 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL 

PROVISIONS

SUBTITLE A—MILITARY CONSTRUCTION PROGRAM 

AND MILITARY FAMILY HOUSING CHANGES

Revision of congressional notification thresholds for Reserve 

facility expenditures and contributions to reflect congressional 

notification thresholds for minor construction and repair 

projects (sec. 2801)

The House bill contained a provision (sec. 2801) that 

would align reserve component minor construction and repair 

thresholds with the threshold specified in chapter 169 of title 

10, United States Code.

The Senate amendment contained a similar provision (sec. 

2814).

The Senate recedes. 
322

Extension of temporary, limited authority to use operation and 

maintenance funds for construction projects in certain areas 

outside the United States (sec. 2802)

The Senate amendment contained a provision (sec. 2803) 

that would reauthorize contingency construction authority in 

certain areas outside the United States for an additional year.

The House bill contained no similar provision.

The House recedes.

Defense laboratory modernization pilot program (sec. 2803)

The House bill contained a provision (sec. 2803) that 

would authorize the Secretary of Defense to carry out a pilot 

program, using amounts authorized to be appropriated to the 

Department of Defense for Research, Development, Test, and 

Evaluation, such military construction projects for any 

Department of Defense Science and Technology Reinvention 

Laboratory or Department of Defense federally funded research 

and development center as are authorized in the Military 

Construction Authorization Act. This section would also limit 

the maximum amount that may be obligated in any fiscal year 

under this authority at $150.0 million and would expire on 

October 1, 2020.

The Senate amendment contained a similar provision (sec. 

2805). 

The Senate recedes with a clarifying amendment.

Temporary authority for acceptance and use of contributions from 

Kuwait for construction, maintenance, and repair projects 

mutually beneficial to the Department of Defense and Kuwait 

Military Forces (sec. 2804)

The House bill contained a provision (sec. 2802) that 

would authorize the Secretary of Defense, after consultation 

with the Secretary of State, to accept contributions from the 

Government of the State of Kuwait in support of construction, 

maintenance, and repair projects within Kuwait that are mutually 

beneficial to the Department of Defense and the Kuwait military 

forces. The section would also limit the maximum amount the 

Secretary of Defense may obligate to $50.0 million annually, 

require a congressional notification with 21-day wait period, 

14-day period if notification is provided in electronic medium, 

for projects exceeding the thresholds prescribed by section 

2805, title 10, United States Code, and expire on September 30, 

2020. 
323

The Senate amendment contained a similar provision (sec. 

2801) that would amend subchapter II of Chapter 138 of title 

10,United States Code, to authorize the Secretary of Defense, in 

consultation with the Secretary of State, to accept cash 

contributions from partner countries for the purpose of the 

payment of costs in connection with mutually beneficial 

construction, maintenance, and repair projects. Such projects 

would be required to support bilateral defense cooperation 

agreement, or otherwise benefit the United States, as determined 

by the Secretary of Defense. 

The House recedes with an amendment that would limit the 

authorization to Kuwait, provide a temporary authority through 

September 30, 2020, and require a congressional notification.

Conveyance to Indian tribes of relocatable military housing 

units at military installations in the United States (sec. 2805)

The Senate amendment contained a provision (sec. 2806) 

that would permit service secretaries to convey excess 

relocatable military housing units to certain Indian tribes, at 

no cost, and without consideration. 

The House bill contained no similar provision. 

The House recedes.

SUBTITLE B—REAL PROPERTY AND FACILITIES 

ADMINISTRATION

Protection of Department of Defense installations (sec. 2811)

The Senate amendment contained a provision (sec. 1042) 

that would authorize the Secretary of Defense to protect the 

buildings, grounds, and property that are under the 

jurisdiction, custody, or control of the Department of Defense 

(DOD) and persons on that property. The provision provides that 

the Secretary may designate personnel to: (1) enforce federal 

laws and regulations for the protection of persons and property; 

(2) carry firearms; (3) make arrests; and (4) conduct 

investigations of offenses against the property of the DOD. This 

new authority would not apply in those locations currently under 

the protection of the Federal Protective Service, for example, 

office buildings provided by the General Services Administration 

in which DOD organizations are tenants.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.
324

Enhancement of authority to accept conditional gifts of real 

property on behalf of military service academies (sec. 2812)

The House bill contained a provision (sec. 2811) that 

would provide consistency across the military service academies 

on the acceptance of a gift of real property, if the gift of 

such real property is conditioned upon the property bearing a 

specified name. This section would authorize the military 

service academies to accept such a gift if the acceptance and 

naming would not reflect unfavorably on the United States, and 

the real property has not otherwise been named by an act of 

Congress. This section would also require the secretaries of the 

military departments to issue uniform regulations governing 

circumstances under which gifts conditioned on naming rights may 

be accepted.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would restrict 

the ability to delegate this authority to only individuals 

appointed by the President and confirmed by the Senate.

Utility systems conveyance authority (sec. 2813)

The Senate amendment contained a provision (sec. 2811) 

that would clarify section 2688(j) of title 10, United States 

Code, to allow for conveyance of additional utility systems to 

an entity already operating other utility systems on a joint 

base if doing so would be in the best interest of the government 

and is supported by an independent cost estimate. 

The House bill contained no similar provision. 

The House recedes with a technical amendment.

The conferees note that there has been confusion about 

whether the definition of a utility system for the treatment of 

wastewater includes the treatment of stormwater. The conferees 

believe, consistent with the Department of Defense’s 

interpretation, that wastewater includes stormwater. 

Leasing of non-excess property of military departments and 

Defense Agencies; treatment of value provided by local education 

agencies and elementary and secondary schools (sec. 2814)

The Senate amendment contained a provision (sec. 2812) 

that would amend section 2667 of title 10, United States Code, 

by authorizing the secretary concerned to lease non-excess 

property for consideration in an amount below fair market value 

if the lease is to a local education agency or an elementary or 

secondary school. This provision is intended to help local 
325

education agencies and schools that are providing support for 

military families.

The House bill contained no similar provision.

The House recedes.

Force-structure plan and infrastructure inventory and assessment 

of infrastructure necessary to support the force structure (sec. 

2815)

The House bill contained a provision (sec. 2814) that 

would require the Secretary of Defense to submit a report, as 

part of the budget justification documents accompanying the 

President's budget request for fiscal year 2017, that details a 

20-year force structure plan for each of the military services 

and a comprehensive inventory of worldwide infrastructure. The 

report would also compare these two items to determine the 

infrastructure necessary to support the force structure, discuss 

the categories of excess infrastructure and infrastructure 

capacity, and assess the value of retaining certain excess 

infrastructure to accommodate contingency, mobilization, or 

surge requirements. In addition, this provision would require 

the Comptroller General of the United States to prepare an 

evaluation of such force-structure plans and infrastructure 

inventory not later than 60 days after the date on which the 

plans and inventory are submitted to Congress. The committee 

encourages the Secretary of Defense and the Comptroller General 

to also take into consideration, as appropriate, the 

recommendations regarding force structure and force sizing 

provided by the July 31, 2014, assessment of the 2014 

Quadrennial Defense Review by the National Defense Panel.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would remove 

certain elements of the proposed review including a review of 

efficiencies from joint tenancy of military installations and 

potential restrictions on facilities outside the United States.

Temporary reporting requirements related to main operating 

bases, forward operating sites, and cooperative security 

locations (sec. 2816)

The House bill contained a provision (sec. 2813) that 

would amend section 2687a(a) of title 10, United States Code, by 

adding a requirement for the Secretary of Defense to include 

with the existing overseas basing report a strategic summary for 

each main operating base, forward operating site, or cooperative 

security location within the U.S. Central Command and U.S. 
326

Africa Command area of responsibility. This provision would 

sunset in fiscal year 2020.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would make the 

requirements applicable to operating locations that have been 

newly designated, or had a change in its designation as a main 

operating base, forward operating site, or cooperative security 

location since the previous fiscal year’s report.

Exemption of Army off-site use and off-site removal only nonmobile properties from certain excess property disposal 

requirements (sec. 2817)

The Senate amendment contained a provision (sec. 2816) 

that would exempt from the requirements of title V of the 

McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411 et seq.) 

certain non-mobile properties that are not feasible for transfer 

and use for the purposes of that act.

The House bill contained no similar provision.

The House recedes.

SUBTITLE C—PROVISIONS RELATED TO ASIAPACIFIC MILITARY REALIGNMENT

Limited exception to restriction on development of public 

infrastructure in connection with realignment of Marine Corps 

forces in Asia-Pacific region (sec. 2821)

The House bill contained a provision (sec. 2821) that 

would amend restrictions placed on the development of civilian 

infrastructure on Guam to support the realignment of Marine 

Corps Forces in the Asia-Pacific region to allow the use of 

funds for infrastructure projects that are identified in the 

report of the Economic Adjustment Committee required by section 

2831(d) of the National Defense Authorization Act for Fiscal 

Year 2014 (Public Law 113-66). This section would also permit 

the use of funding for the planning and design of such projects.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would authorize 

the Secretary of Defense to proceed only with projects intended 

to improve water and wastewater systems that are 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 (P.L. 113-66). 

The conferees believe that projects which are directly 

connected to the Department of Defense’s actions, and are 
327

fiscally responsible, are appropriate investments for the 

Department of Defense, but projects without a direct military 

connection should be funded through local or other non-defense 

federal funding.

Annual report on Government of Japan contributions toward 

realignment of Marine Corps forces in Asia-Pacific region (sec. 

2822)

The House bill contained a provision (sec. 2822) that 

would require the Secretary of Defense to submit an annual 

report to the congressional defense committees for each of 

fiscal years 2017-26 that addresses the total amount contributed 

from the Government of Japan to the Support for United States 

Relocation to Guam Account during the most recent year, as well 

as the anticipated contributions to be made during the current 

and next Japanese fiscal years. The report would also cover the 

infrastructure projects carried out on Guam or the Commonwealth 

of the Northern Mariana Islands in the previous fiscal year 

using funds from the Support for United States Relocation to 

Guam Account, as well as the projects anticipated to be carried 

out during the next fiscal year. This section would also repeal 

a reporting requirement from the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110-417).

The Senate amendment contained no similar provision.

The Senate recedes with technical amendment.

SUBTITLE D—LAND CONVEYANCES

Release of reversionary interest retained as part of the 

conveyance to the Economic Development Alliance of Jefferson 

County, Arkansas (sec. 2831)

The Senate amendment contained a provision (sec. 2821) 

that would amend the terms of conveyance contained in section 

2827 of the National Defense Authorization Act for Fiscal Year 

2009 (Public Law 104-201) to allow the conveyance for other than 

the conditions contained in the section 2827, if the Economic 

Development Alliance pays fair market value for the property and 

the costs associated with conveyance are born by the Economic 

Development Alliance.

The House bill contained no similar provision.

The House recedes.

Land exchange authority, Mare Island Army Reserve Center, 

Vallejo, California (sec. 2832)
328

The House bill contained a provision (sec. 2831) that 

would authorize a land exchange involving a parcel of real 

property under the jurisdiction of the Secretary of the Army on 

the site of the former Mare Island Naval Shipyard, Vallejo, 

California, in the event that a current real property exchange 

process is unsuccessful.

The Senate amendment contained no similar provision.

The Senate recedes.

Land exchange, Navy Outlying Landing Field, Naval Air Station, 

Whiting Field, Florida (sec. 2833)

The House bill contained a provision (sec. 2832) that 

would authorize the Secretary of the Navy to convey a parcel of 

real property, including any improvements thereon, containing 

Navy Outlying Landing Field Site 8 in Escambia County, Florida, 

to Escambia County. In exchange, this section would require 

Escambia County to convey to the Secretary of the Navy a parcel 

of property that is suitable for use as a Navy outlying landing 

field to replace Navy Outlying Landing Field Site 8.

The Senate amendment contained a similar provision (sec. 

2822).

The Senate recedes. 

Release of property interests retained in connection with 

conveyance, Camp Villere, Louisiana (sec. 2834)

The House bill contained a provision (sec. 2834) that 

would authorize the Secretary of the Army to release the rights 

and the reversionary interests reserved by the United States for 

a parcel of land at Camp Villere, Louisiana, to the State of 

Louisiana to transfer the parcel to the Louisiana Agricultural 

Finance Authority and make available real property to the 

Louisiana Military Department that is suitable for use for 

National Guard training and operational support. 

The Senate amendment contained no similar provision.

The Senate recedes. 

Release of property interests retained in connection with land 

conveyance, Fort Bliss Military Reservation, Texas (sec. 2835)

The House bill contained a provision (sec. 2833) that 

would authorize the Secretary of the Army to release the rights 

and the reversionary interests reserved by the United States for 

a parcel of land in El Paso, Texas, to authorize the State of 

Texas to sell a portion of the property and use all proceeds 
329

from the sale to fund improvements or repairs for the National 

Guard facilities on the remainder of the property.

The Senate amendment contained no similar provision.

The Senate recedes. 

SUBTITLE E—MILITARY LAND WITHDRAWALS

Additional withdrawal and reservation of public land, Naval Air 

Station China Lake, California (sec. 2841)

The House bill contained a provision (sec. 2841) that 

would amend section 2971(b) of the Military Construction 

Authorization Act for Fiscal Year 2014 (division B of Public Law 

113-66; 27 Stat. 1044) to provide for an additional public land 

withdrawal in San Bernardino County, California, to support 

operations at Naval Air Weapons Station China Lake, California. 

The provision would also amend Section 2979 of the same Act to 

convert both land withdrawals from 25-year withdrawals into 

permanent withdrawals.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would include 

only the additional land withdrawal, leaving the original 

withdrawal period through March 31, 2039. 

SUBTITLE F—OTHER MATTERS

Modification of Department of Defense guidance on use of 

pavement markings (sec. 2851)

The House bill contained a provision (sec. 2861) that 

would require the Secretary of Defense to modify the Unified 

Facilities Guide Specifications for pavement markings, an Air 

Force engineering technical letter, and any other Department of 

Defense guidance on airfield pavement markings as necessary to 

permit the use of Type III category of retro-reflective beads. 

In addition, the Secretary shall develop appropriate policy to 

ensure that determination of the category of retro-reflective 

beads used on airfields is determined on an installation-byinstallation basis based on local conditions and the life-cycle 

maintenance costs of the pavement markings.

The Senate amendment contained no similar provision.

The Senate recedes. 

Extension of authority for establishment of commemorative work 

in honor of Brigadier General Francis Marion (sec. 2852)
330

The House bill contained a provision (sec. 2852) that 

would extend the authority to establish a commemorative work on 

federal land in the District of Columbia and its environs to 

honor Brigadier General Francis Marion and his service, 

originally provided by section 331 of the Consolidated Natural 

Resources Act of 2008 (Public Law 110-229), through May 8, 2018. 

The Senate amendment contained no similar provision.

The Senate recedes.

LEGISLATIVE PROVISIONS NOT ADOPTED

Change in authorities relating to scope of work variations for 

military construction projects

The Senate amendment contained a provision (sec. 2802) 

that would amend section 2853 of title 10, United States Code, 

to authorize a military service to increase the scope of a 

military construction project by up to 10 percent once the 

service secretary involved approves the increase and notifies 

the congressional defense committees of the increase and the 

reasons for it.

The House bill contained no similar provision.

The Senate recedes. 

Special authority for minor military construction projects for 

child development program facilities

The House bill contained a provision (sec. 2804) that 

would amend section 2805 of title 10, United States Code, to 

allow the appropriate Secretary to carry out an unspecified 

minor military construction project with an approved cost equal 

to or less than $15.0 million to create, expand, or modify a 

child development program facility serving children under 13 

years of age. 

The Senate amendment contained no similar provision.

The House recedes. 

Sense of the Congress regarding base housing projects

The House bill contained a provision (sec. 2805) that 

would express the sense of the Congress regarding how the 

Department of Defense should consider commuting times and 

available land on base when prioritizing base housing projects. 

The Senate amendment contained no similar provision.

The House recedes. 

The conferees note that the Department already considers 

commute times and available land, among other issues, when 
331

making base housing decisions and encourage the Department to 

continue to do so.

Consultation requirement in connection with Department of 

Defense major land acquisitions

The House bill contained a provision (sec. 2812) that 

would modify section 2664(a) of title 10, United States Code, to 

require consultation by the Secretary concerned with the chief 

executive officer of the state, district, or territory as to 

options for completing the real property acquisition.

The Senate amendment contained no similar provision.

The House recedes. 

The conferees note that the Secretary concerned is already 

required to obtain a specific military construction 

authorization in accordance with section 2802 of title 10, 

United States Code, and comply with National Environmental 

Policy Act of 1969 (42 U.S.C. 4321) before any major land 

acquisition can be implemented.

Modification of facility repair notification requirement

The Senate amendment contained a provision (sec. 2813) 

that would modify section 2811 of title 10, United States Code, 

by adding new congressional notifications for facility repair 

projects that are expected to cost more than 75 percent of the 

estimated cost of a military construction project to replace the 

facility or the facility is located at an overseas location that 

has not been designated a main operating base or forward 

operating site. These new reporting requirements would only 

apply to facility repair projects that are expected to cost more 

than $1.0 million.

The House bill contained no similar provision.

The Senate recedes.

The conferees believe that, as a matter of practice, the 

Department of Defense should notify the congressional defense 

committees of the expenditure of significant funding for repairs 

at overseas locations that have not been designated as a main 

operating base or forward operating site even if such 

expenditures do not meet the thresholds specified in section 

2811 of title 10, United States Code.

Arsenal installation reutilization authority

The House bill contained a provision (sec. 2815) that 

would allow the Secretary with authority over a military 
332

manufacturing arsenal to delegate leasing authority to the 

commander of the military manufacturing arsenal.

The Senate amendment contained no similar provision.

The House recedes.

The conferees note that section 2667 of title 10, United 

States Code, provides the Secretary concerned the authority to 

lease non-excess property and that the Secretary has the ability 

to delegate authority to approve such leases. Therefore, the 

conferees encourage the Secretary concerned to consider 

delegating authority to lease non-excess property at military 

manufacturing arsenals if the Secretary concerned believes such 

delegation of authority would be in the best interest of the 

Department. 

Sense of Congress on coordination of hunting, fishing, and other 

recreational activities on military land

The Senate amendment contained a provision (sec. 2815) 

that would express the sense of Congress on the coordination 

between the Department of Defense and state fish and wildlife 

managers, tribes, and local governments to facilitate 

communication with hunting, fishing, and recreational use groups 

prior to traditional hunting, fishing, and recreational use 

seasons. 

The House bill contained no similar provision.

The Senate recedes.

The conferees note the extensive process that base 

commanders go through in coordinating with appropriate state and 

local groups when opening the base for hunting, fishing, and 

other recreational activities.

Land conveyance, Campion Air Force Radar Station, Galena, Alaska

The House bill contained a provision (sec. 2835) that 

would authorize the Secretary of the Interior to convey all 

right, title, and interest of the United States in the former 

Campion Air Force Station, Alaska, to the Town of Galena, 

Alaska, for public purposes. 

The Senate amendment contained no similar provision.

The House recedes.

Bureau of Land Management withdrawn military lands efficiency 

and savings

The House bill contained a provision (sec. 2842) that 

would extend the public lands withdrawn for military purposes 

listed in the Military Lands Withdrawal Act of 1999 (title 30 of 
333

Public Law 106-65) until the Secretary of the military 

department determines a military purpose does not exist, or the 

Secretary of Interior permanently transfers the administrative 

jurisdiction to the Secretary of the military department 

concerned.

The Senate amendment contained no similar provision.

The House recedes.

Renaming site of the Dayton Aviation Heritage National 

Historical Park, Ohio

The House bill contained a provision (sec. 2851) that 

would modify the name of the John W. Berry, Sr. Wright Brothers 

Aviation Center, Dayton, Ohio, to the John W. Berry, Sr. Wright 

Brothers National Museum, Dayton, Ohio. 

The Senate amendment contained no similar provision.

The House recedes.

Amendments to the National Historic Preservation Act

The House bill contained a provision (sec. 2853) that 

would prohibit the designation of federal property as a National 

Historic Landmark or for nomination to the World Heritage List 

if the head of the agency managing the federal property objects 

to such inclusion or designation for reasons of national 

security. This section would also authorize the expedited 

removal of federal property listed on the National Register of 

Historic Places if the managing agency of that federal property 

submits a request to the Secretary of Interior for such removal 

for reasons of national security.

The Senate amendment contained no similar provision.

The House recedes.

Protection and recovery of greater sage grouse

The House bill contained a provision (sec. 2862) that 

would delay any finding by the Secretary of the Interior with 

respect to the Greater Sage Grouse under clause (i), (ii), or 

(iii) of section 4(b)(3)(B) of the Endangered Species Act of 

1973 (16 U.S.C. 1533(b)(3)(B)) through September 30, 2025. This 

section would prohibit the Secretary of the Interior and the 

Secretary of Agriculture from amending any Federal resource 

management plan applicable to Federal lands in a State in which 

the Governor of the State has notified the Secretaries concerned 

that the State has a State management plan in place. Lastly, 

this section would also require the Secretary of the Interior 

and the Secretary of Agriculture to jointly submit an annual 
334

report to the Committee on Natural Resources of the House of 

Representatives on the effectiveness of the systems to monitor 

the status of Greater Sage Grouse on Federal lands under their 

jurisdiction through 2021. 

The Senate amendment contained no similar provision. 

The House recedes.

Use of Military Operations Areas for national security 

activities

The House bill contained a provision (sec. 2863) that 

would ensure the expansion or establishment of a national 

monument by the President under the authority of chapter 3203 of

title 54, United States Code (commonly known as the Antiquities 

Act of 1906; 54 U.S.C. 320301 et seq.), after the date of the 

enactment of this Act on land located beneath or associated with 

a Military Operations Area (MOA) shall not be construed to 

prohibit or constrain any activities on or above the land 

conducted by the Department of Defense or other federal agencies 

for national security purposes, including training and readiness 

activities.

The Senate amendment contained no similar provision.

The House recedes.

Renaming of the Captain William Wylie Galt Great Falls Armed 

Forces Readiness Center in honor of Captain John E. Moran, a 

recipient of the Medal of Honor

The House bill contained a provision (sec. 2864) that 

would rename the Captain William Wylie Galt Great Falls Armed 

Forces Readiness Center in Great Falls, Montana to be known and 

designated as the “Captain John E. Moran and Captain William 

Wylie Galt Armed Forces Reserve Center”, to honor the Medal of 

Honor recipient. 

The Senate amendment contained no similar provision.

The House recedes.

The conferees note that the military services have 

existing authority to name facilities.

Implementation of Lesser Prairie Chicken Range-Wide Conservation 

Plan and other conservation measures

The House bill contained a provision (sec. 2865) that 

would prohibit the Secretary of the Interior from listing the 

lesser prairie chicken as a threatened or endangered species 

under the Endangered Species Act until January 31, 2021. 

The Senate amendment contained no similar provision. 
335

The House recedes.

Removal of endangered species status for American burying beetle

The House bill contained a provision (sec. 2866) that 

would remove the endangered species status for the American 

burying beetle.

The Senate amendment contained no similar provision.

The House recedes.

TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS 

MILITARY CONSTRUCTION

LEGISLATIVE PROVISIONS NOT ADOPTED

Authorized Army construction and land acquisition project

The House bill contained a provision (sec. 2901) that 

would contain the list of a certain authorized Army construction 

project for fiscal year 2016. This project represents a binding 

list of the specific projects authorized at this location.

The Senate amendment contained no similar provision.

The House recedes.

Authorized Navy construction and land acquisition projects

The House bill contained a provision (sec. 2902) that 

would contain the list of certain authorized Navy construction 

projects for fiscal year 2016. These projects represent a 

binding list of the specific projects authorized at these 

locations.

The Senate amendment contained no similar provision.

The House recedes.

Authorized Air Force construction and land acquisition projects

The House bill contained a provision (sec. 2903) that 

would contain the list of certain authorized Air Force 

construction projects for fiscal year 2016. These projects 

represent a binding list of the specific projects authorized at 

these locations.

The Senate amendment contained no similar provision.

The House recedes.

Authorized Defense Agencies construction and land acquisition 

projects
336

The House bill contained a provision (sec. 2904) that 

would contain the list of certain authorized defense-wide 

construction projects for fiscal year 2016. These projects 

represent a binding list of the specific projects authorized at 

these locations.

The Senate amendment contained no similar provision.

The House recedes.

Authorization of appropriations

The House bill contained a provision (sec. 2905) that 

would authorize appropriations for overseas contingency 

operations military construction at the levels identified in 

section 4602 of division D of this Act.

The Senate amendment contained no similar provision.

The House recedes.

DIVISION C—DEPARTMENT OF ENERGY 

NATIONAL SECURITY AUTHORIZATIONS 

AND OTHER AUTHORIZATIONS

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL 

SECURITY PROGRAMS

SUBTITLE A—NATIONAL SECURITY PROGRAMS 

AUTHORIZATIONS

National Nuclear Security Administration (sec. 3101)

The House bill contained a provision (sec. 3101) that 

would authorize appropriations for the National Nuclear Security 

Administration for fiscal year 2016 and would also authorize a 

new plant project for the National Nuclear Security 

Administration. 

The Senate amendment contained a similar provision (sec. 

3101) that would authorize a total of $12.8 billion for the 

Department of Energy in fiscal year 2016 for the National 

Nuclear Security Administration to carry out programs necessary 

to national security.

The House recedes.

Defense environmental cleanup (sec. 3102)
337

The House bill contained a provision (sec. 3102) that 

would authorize appropriations for defense environmental cleanup 

activities for fiscal year 2016.

The Senate amendment contained an identical provision 

(sec. 3102). 

The conference agreement includes this provision.

Other defense activities (sec. 3103)

The House bill contained a provision (sec. 3103) that 

would authorize appropriations for other defense activities for 

the Department of Energy for fiscal year 2016.

The Senate amendment contained an identical provision 

(sec. 3103).

The conference agreement includes this provision.

Nuclear energy (sec. 3104)

The House bill contained a provision (sec. 3104) that 

would authorize appropriations for the Department of Energy for 

fiscal year 2016 for nuclear energy.

The Senate amendment contained no similar provision.

The Senate recedes.

SUBTITLE B—PROGRAM AUTHORIZATIONS, 

RESTRICTIONS, AND LIMITATIONS

Improvement to accountability of Department of Energy employees 

and projects (sec. 3111)

The House bill contained a provision (sec. 3113) that 

would amend subtitle C of the National Nuclear Security 

Administration Act (50 U.S.C. 2442) to add a new section 

requiring the Secretary of Energy and the Administrator for 

Nuclear Security to jointly notify the specified congressional 

committees the number of covered employees whose security 

clearance was revoked during the previous year and the length of 

time such employees were employed by the Department of Energy or 

NNSA since such revocation. This provision would also require 

that the Secretary of the Administrator may not pay to a covered 

employee a salary bonus during the one-year period beginning on 

the date on which the Secretary of the Administrator determines 

that the covered employee committed improper program management 

or whose actions undermined health, safety or security, while 

providing the authority to waive the denial of a salary bonus. 

Additionally, the provision would require the Secretary or 
338

Administrator to notify the specified congressional committees 

of the actions being taken against DOE or NNSA contractors, 

pursuant to contractual terms, whose actions lead to project or 

program delays or cost-growth.

The Senate amendment contained a similar provision (sec. 

3118) that would provide authority to the Administrator of the 

National Nuclear Security Administration to withhold bonus 

payments to employees who engage in improper program management 

on the date such a determination is made.

The Senate recedes with an amendment that would reference 

the terms of exceeding cost, scope and schedule to those 

established in section 4713 of the Atomic Energy Defense Act (50 

U.S.C. 2753) or the terms of critical decision three of 

Department of Energy Order 413.3B (Program and Project 

Management for the Acquisition of Capital Assets) as well as, 

pursuant to a requirement to issue new Departmental or 

Administration guidance, actions that jeopardize the health, 

safety, or security of employees or facilities of the 

Administration or another element of the Department of Energy 

involved in nuclear security or in carrying out defense nuclear 

nonproliferation activities. The amendment further provides for 

a waiver for either program management or health, safety or 

security with notification to the congressional committees of 

the waiver and a period of 60 days elapses following the 

notification. The amendment further requires notifying the 

congressional defenses committees if a contractor of the 

National Nuclear Security Administration exceeds cost, scope and 

schedule as defined by section 4713 of the Atomic Energy Defense 

Act (50 U.S.C. 2753) or by critical decision three of Department 

of Energy Order 413.3B (Program and Project Management for the 

Acquisition of Capital Assets), including an explanation as to 

whether termination of the contract is an appropriate remedy, a 

description of the terms of the contract regarding award fees 

and performance, and a description of what options under the 

contract will be exercised in response. If such information 

cannot be submitted by reason of a contract enforcement action a 

notification shall be submitted of the enforcement action and 

the date on which the required information shall be submitted.

Stockpile responsiveness program (sec. 3112)

The House bill contained a provision (sec. 3115) that 

would amend the Atomic Energy Defense Act (50 U.S.C. 2521) to 

establish that it is the policy of the United States to sustain, 

enhance, and continually exercise all capabilities required to 

conceptualize, study, design, develop, engineer, certify, 

produce, and deploy nuclear weapons to ensure the nuclear 
339

deterrent of the United States remains safe, secure, reliable, 

credible, and responsive. The Secretary of Energy, acting 

through the Administrator for Nuclear Security and in 

consultation with the Secretary of Defense, would be required to 

carry out a program in parallel with the stockpile stewardship 

program and stockpile management program to fulfill this policy. 

This section would also stipulate a series of objectives for 

this program. Finally, this section would amend certain existing 

annual reporting requirements to ensure robust attention on the 

program by senior leaders and enable congressional oversight of 

the status and effectiveness of the program.

The Senate amendment contained a provision (sec. 3111) 

that would to develop a responsive capabilities program to 

exercise the design capabilities of the weapons complex that 

would lead to shorter and most cost effective design and 

engineering tools and manufacturing methods for parts and joint 

test assemblies that would lead to actual prototype testing as 

the final exercise, similar to an ongoing effort already 

underway at the National Nuclear Security Administration.

The Senate recedes with an amendment that adds to the 

House provision the importance of an integrated design life 

cycle, to shorten design, certification, and manufacturing 

timelines in order to minimize the amount of time and costs 

leading to an engineering prototype and production.

Notification of cost overruns and selected acquisition reports 

for major alteration projects (sec. 3113)

The House bill contained a provision (sec. 3123) that 

defined a life extension program as one whose costs exceed $1.0 

billion.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that modifies section 

4713(a) (50 U.S.C. 2753(a)) and section 4217 (50 U.S.C. 2537) of 

the Atomic Energy Defense Act to include major alteration 

programs whose cost exceeds $750.0 million.

Root cause analyses for certain cost overruns (sec. 3114)

The House bill contained a provision (sec. 3131) that 

would amend section 4713(c) of the Atomic Energy Defense Act (50 

U.S.C. 2753) to require the Secretary of Energy to conduct and 

submit to the congressional defense committees a root cause 

assessment when certain programs experience a significant cost 

overrun. 

The Senate amendment contained no similar provision.

The Senate recedes.
340

Funding of Laboratory-Directed Research and Development Programs 

(sec. 3115)

The House bill contained a provision (sec. 3135) that 

would require the Administrator for Nuclear Security to seek to 

enter into a contract with the JASON Defense Advisory Panel to 

conduct a review of the laboratory-directed research and 

development (LDRD) program authorized under section 4811 of the 

Atomic Energy Defense Act (50 U.S.C. 2791). The review would be 

required to include assessments of whether and how the projects 

within the LDRD program support the mission of the National 

Nuclear Security Administration (NNSA), whether the science 

conducted under LDRD underpin the advancement of scientific 

understanding necessary for NNSA's core programs, the scientific 

and programmatic opportunities and challenges in the LDRD 

program, recent significant accomplishments and failures within 

the LDRD program, and how LDRD projects are selected for 

funding. This section would require the Administrator to submit 

to the congressional defense committees, by November 1, 2016, a 

report containing the review carried out by the JASON Defense 

Advisory Panel. This House bill would also require a briefing 

to the congressional defense committees by the Comptroller 

General of the United States by November 1, 2016. The 

Comptroller General would be required to assess: how NNSA LDRD 

funding limits compare to other Department of Energy and 

Department of Defense laboratories and federally funded research 

and development centers; how many NNSA personnel are supported 

by LDRD funding, including how many receive a majority of their 

compensation from LDRD; and how many devote the majority of 

their time to LDRD programs for more than three years.

The Senate amendment contained a provisions (sec. 3117) 

would amend section 4811(c) of the Atomic Energy Defense Act (50 

U.S.C. 2791(c)) to strike the 6 percent upper bound for National 

Nuclear Security Administration (NNSA) weapons laboratorydirected research and development programs with a floor not to 

go below 5 percent with a upper bound of 8 percent. A similar 

provision was recommended for NNSA weapons production facilities 

and the Nevada Site Office with a ceiling of 4 percent. 

The House recedes with an amendment that would strike the 

plant direct laboratory research and development programs, 

reduce the ceiling to 7 percent and require a briefing by the 

Administrator of the National Nuclear Security Administration, 

no later than February 28, 2016, on all recent or ongoing 

reviews of the laboratory-directed research and development 

program, including such reviews initiated by the Secretary of 

Energy; the costs and accounting practices associated with 

laboratory-directed research and development; how laboratory-
341

directed research and development projects support the mission 

of the National Nuclear Security Administration. The conferees 

direct the Government Accountability Office to assess no later 

than March 15, 2016, how NNSA LDRD funding limits compare to 

other Department of Energy and Department of Defense 

laboratories and federally funded research and development 

centers; how many NNSA personnel are supported by LDRD funding, 

including how many receive a majority of their compensation from 

LDRD; and how many devote the majority of their time to LDRD 

programs for more than 3 years.

Hanford waste treatment and immobilization plant contract 

oversight (sec. 3116)

The Senate amendment contained a provision (section 3115) 

that would require the Secretary of Energy to arrange to have an 

owner’s agent assist the Secretary in carrying out oversight 

responsibilities associated with Hanford Waste Treatment and 

Immobilization Plant contract DE-AC27-01RV14136. Since the 

current contractor for the Waste Treatment Plant is its own 

design agent, the owner’s design agent will act as an 

independent expert on the project.

The House bill contained no similar provision.

The House recedes with an amendment with clarifying 

language to ensure that the owner’s agent does not assume roles 

reserved for the federal government, that the owner’s agent’s 

role is to advise the Secretary of Energy, and that the owner’s 

agent report would be sent to the Secretary of Energy who would 

transmit the report with any additional views to the 

congressional defense committees.

Use of best practices for capital asset projects and nuclear 

weapon life extension programs (sec. 3117)

The House bill contained a provision (sec. 3122) that 

would require the Secretary of Energy to ensure that analyses of 

alternatives are conducted in accordance with best practices 

for: (1) capital asset projects and life extension programs of 

the National Nuclear Security Administration; and (2) capital 

asset projects relating to defense environmental management.

The Senate amendment contained no similar provision.

The Senate recedes. 

Research and development of advanced naval nuclear fuel system 

based on low-enriched uranium (sec. 3118)
342

The House bill contained a provision (sec. 3142) that 

would require that, of the funds authorized to be appropriated 

by this Act or otherwise made available for fiscal year 2016 for 

defense nuclear nonproliferation for material management and 

minimization, not more than $5.0 million shall be made available 

to the Deputy Administrator for Naval Reactors for initial 

planning and early research and development of an advanced naval 

nuclear fuel system based on low-enriched uranium. In addition, 

this section would require that, at the same time the President 

submits the fiscal year 2017 budget to Congress, the Secretary 

of Energy, and the Secretary of the Navy shall jointly submit to 

the congressional defense committees their determination as to 

whether the United States should continue to pursue research and 

development of an advanced naval nuclear fuel system based on 

low-enriched uranium. If the Secretaries determine to continue 

the research and development, the Secretaries would be required 

to ensure the budget request for fiscal year 2017 includes 

funding to carry out the program within the defense nuclear 

nonproliferation, material management, and minimization budget 

line. Not later than 30 days after the date of the submission of 

such determination, the Deputy Administrator for Naval Reactors 

would be required to submit to the congressional defense 

committees a plan for such research and development, as well as 

ensuring that the budget includes amounts for defense nuclear 

nonproliferation for material management and minimization 

necessary to carry out the plan. Finally, this section would 

require that, if the Secretaries determine such research and 

development should continue, not later than 60 days after the 

date on which the Deputy Administrator submits the plan, the 

Deputy Administrator for Naval Reactors would be required to 

enter into a memorandum of understanding with the Deputy 

Administrator for Defense Nuclear Nonproliferation regarding the 

research and development of an advanced naval nuclear fuel 

system based on low-enriched uranium, including with respect to 

how funding for such research and development will be requested 

for the "Defense Nuclear nonproliferation" account for material 

management and minimization and provided to Naval Reactors to 

carry out the program.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that requires the 

Deputy Administrator of the National Nuclear Security 

Administration to submit within 90 days after the date of 

enactment a conceptual plan for research and development of an 

advanced naval nuclear fuel system based on low-enriched uranium 

to meet military requirements to the congressional defense 

committees. In addition, 60 days after the conceptual plan is 

submitted, the Secretary of Energy and the Secretary of the Navy 
343

shall make a determination as to whether the United States 

should continue to pursue research and development of an 

advanced naval nuclear fuel system based on low-enriched 

uranium. If the Secretaries determine that such research and 

development should continue, they shall include funding 

necessary in fiscal year 2018, and in fiscal year 2017 if 

feasible, to carry out such a plan in the budget line item for 

the Defense Nuclear Nonproliferation account for material 

management and minimization. 

Disposition of weapons usable plutonium (sec. 3119)

The House bill contained a provision (section 3119) that 

would require the Secretary of Energy to carry out construction 

and program support activities for the Mixed Oxide (MOX) Fuel 

Fabrication Facility with any funds authorized to be 

appropriated or otherwise made available for such purposes for 

fiscal year 2016 and any prior fiscal years. This section would 

also require the Secretary to include in the budget 

justification materials submitted to Congress for fiscal year 

2017 an updated performance baseline for construction and 

project support activities relating to the MOX facility.

The Senate bill contained no similar provision.

The Senate recedes with an amendment that authorizes the 

Secretary to spend $5.0 million to conduct an analysis of 

alternative options for carrying out the plutonium disposition 

program. The conferees direct that the analysis of alternatives 

be comprehensive with regard to potentially cost-effective 

alternatives, and to include as alternatives various options for 

disposal, including costs and timelines associated with options 

for down-blending, immobilization, disposal in canisters, and 

deep borehole disposal. The conferees further direct that as 

part of the down-blending analysis, that the Department of 

Energy address the questions pertaining to down-blending as 

found in Senate Report 114-49 (Report to Accompany S. 1376, 

“National Defense Authorization Act for Fiscal year 2016”), 

pages 326-329.

Establishment of microlab pilot program (sec. 3120)

The House bill contained a provision (sec. 3136) that 

would give the authority to the Secretary to establish a 

microlab pilot program in close proximity to a national 

laboratory and is accessible to the public for the purpose of 

enhancing collaboration with regional research groups, 

accelerating technology transfer from national laboratories to 

the marketplace; promoting regional workforce development 
344

through science, technology, engineering, and mathematics 

instruction and training.

The Senate bill contained no similar provision.

The Senate recedes with an amendment that would change the 

definition of microlab to one that is in close proximity to but 

outside the perimeter of a national security laboratory; an 

extension of or affiliated with a national security laboratory; 

and accessible to the public. The amendment also narrows the 

national laboratory to one that is a national security 

laboratory as defined in section 3821 of the National Nuclear 

Security Act (50 U.S.C. 2471). The amendment further uses 

"consultation" rather than "coordination" with lab directors and 

adjusts timing of reports.

Prohibition on the availability of funds for the provision of 

defense nuclear nonproliferation assistance to the Russian 

Federation (sec. 3121)

The House bill contained a provision (sec. 3118) that 

would provide that none of the funds authorized to be 

appropriated by this Act or otherwise made available for fiscal 

year 2016 for defense nuclear nonproliferation activities may be 

obligated or expended to enter into a contract with, or 

otherwise provide assistance to, the Russian Federation. The 

Secretary of Energy, without delegation, would be provided the 

authority to waive this prohibition if the Secretary submits a 

report to the appropriate congressional committees containing 

notification that such a waiver is in the national security 

interest of the United States, a justification for such waiver, 

and a period of 15 days elapses.

The Senate amendment contains no similar provision.

The Senate recedes.

Prohibition on availability of funds for fixed site radiological 

portal monitors in foreign countries (sec. 3122)

The House bill contained a provision (sec. 3117) that 

would prohibit any funds authorized by this Act or otherwise 

made available for fiscal year 2016 or any fiscal year 

thereafter for the National Nuclear Security Administration from 

being obligated or expended for the research and development, 

installation, or sustainment of fixed site radiological portal 

monitors or equipment for use in foreign countries. This section 

would clarify that this prohibition does not apply to such 

activities for mobile radiological inspection equipment.

The Senate amendment had no similar provision.
345

The Senate recedes with an amendment that would prohibit 

fiscal year 2016 funds for installation of fixed site portal 

monitors in foreign countries after date of enactment until the 

DNI submits an assessment on whether and the extent to which 

fixed site and mobile radiological monitors address nuclear 

nonproliferation and smuggling threats; the contribution of 

other threat reduction programs and how well such programs 

address nuclear nonproliferation and smuggling threats; which 

programs have the greatest impact and cost-benefit for 

addressing nuclear nonproliferation and smuggling threats; and 

such other matters as the Director considers appropriate. The 

amendment also requires the Administrator for Nuclear Security 

to submit a plan by March 1, 2016 to transition sustainment of 

existing fixed site monitors, to the greatest extent possible, 

to host nation.

Limitation on availability of funds for certain arms control and 

nonproliferation technologies (sec. 3123)

The House bill contained a provision (sec. 3120) that 

would prohibit any funds authorized to be appropriated by this 

Act or otherwise made available for fiscal year 2016 for the 

National Nuclear Security Administration's Defense Nuclear 

Nonproliferation program from being obligated or expended to 

develop nonproliferation or arms control verification or 

monitoring technologies beyond Technology Readiness Level 5 (TRL 

5) unless the Secretary of Energy certifies that such 

technologies are being developed to fulfill the rights or 

obligations of the United States under either: (1) a current 

arms control or nonproliferation treaty or agreement; or (2) a 

treaty or agreement that the Secretary expects will enter into 

force within 2 years. The Secretary would be required to submit 

this written certification to the appropriate congressional 

committees and include, for each technology the Secretary 

certifies for development beyond TRL 5, an identification of the 

amount of fiscal year 2016 funds that will used and how such 

development helps to fulfill the rights or obligations of the 

United States under the treaty or agreement.

The Senate amendment contained no similar provision.

The Senate recedes to the House with an amendment that 

would prohibit fiscal year 2016 funds to test or validate 

technologies in the Office of Nonproliferation and Arms Control 

designed to be used to verify and monitor obligations under arms 

control treaties or other agreements to which U.S. is not a 

signatory until the Administrator submits a review to 

congressional defense committees. The review would be required 

to include the technology readiness level of the technology; the 
346

obligation under a treaty or other international agreement 

supported by the technology; and the purpose for which the 

technology is being developed or produced. The conferees notes 

that, based on information provided by the Administrator, the 

funding for the activities that would be limited by this 

provision is approximately $3.0 million.

Limitations on availability of funds for nuclear weapons 

dismantlement (sec. 3124)

The House bill contained a provision (sec. 3121) that 

would provide that, of the funds authorized to be appropriated 

by this Act or otherwise made available for any of fiscal years 

2016 through 2020 for the National Nuclear Security 

Administration (NNSA), not more than $50.0 million may be 

obligated or expended in each such fiscal year to carry out 

nuclear weapons dismantlement and disposition activities. This 

section would also prohibit any funds authorized to be 

appropriated by this Act, or otherwise made available for any of 

fiscal years 2016 through 2020, to be obligated or expended to 

dismantle a nuclear weapon of the United States unless: (1) the 

nuclear weapon was retired on or before September 30, 2008; (2) 

the Administrator for Nuclear Security certifies that the 

components of the nuclear weapon are directly required for the 

purposes of a current life extension program; or (3) the 

President certifies that the nuclear weapon is being dismantled 

pursuant to a nuclear arms reduction treaty or similar 

international agreement that has entered into force after the 

date of enactment of this Act and was approved with the advice 

and consent of the Senate or by an Act of Congress. This section 

would also prohibit any funding authorized to be appropriated by 

this Act or otherwise made available for any of fiscal years 

2016 through 2020 from being used to dismantle or dispose of a 

W84 nuclear weapon.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would limit the 

$50.0 million ceiling to fiscal year 2016 and prohibit the use 

of fiscal year 2016 funds for the dismantlement of the W84 

warhead. There is an exception for maintenance and surveillance 

for weapons safety and reliability.

SUBTITLE C—PLANS AND REPORTS

Long-term plan for meeting national security requirements for 

unencumbered uranium (sec. 3131)
347

The Senate amendment contained a provision (sec. 3112) 

that would require the Secretary of Energy to submit a plan, on 

even number years, with the President’s budget submission, for 

meeting the national security requirements for unencumbered

uranium through 2065.

The House bill contained no similar provision.

The House recedes with an amendment that would change the 

reporting requirement to terminate in 2026.

Defense nuclear nonproliferation management plan (sec. 3132)

The Senate bill contained a provision (sec. 3113) that 

required in each odd numbered year a management plan of defense 

nuclear nonproliferation programs of the National Nuclear 

Security Administration.

The House bill contained a similar provision (sec. 3132) 

amend section 3122(c) of the National Defense Authorization Act 

for Fiscal Year 2012 (Public Law 112-81) by striking the date of 

2016 and inserting 2020. This section would also amend such 

subsection to clarify that, in the Secretary of Energy's annual 

assessment, the Secretary must (1) identify any highly-enriched 

uranium around the world that is obligated by the United States 

and (2) provide a list, by country and by site, of the separated 

plutonium around the world, identify such plutonium that is 

obligated by the United States, and provide an assessment of the 

vulnerability of such plutonium to theft or diversion.

The House recedes with an amendment that would add the 

House provision to the Senate provision, expand the programmatic 

definitions of activities of the nuclear nonproliferation 

program that must be reported on and make technical and 

clarifying changes.

Plan for deactivation and decommissioning of nonoperational 

defense nuclear facilities (sec. 3133)

The House bill contained a provision (sec. 3141) that 

would require the Secretary of Energy to establish and carry out 

a plan under which the Administrator for Nuclear Security 

transfers to the Assistant Secretary of Energy for Environmental 

Management the responsibility for decontaminating and 

decommissioning facilities of the National Nuclear Security 

Administration that the Secretary of Energy determines are not 

operational as of the date of the enactment of this Act and meet 

the requirements for such transfer.

The Senate amendment contained a provision (sec. 3114) 

that would that would require the Secretary of Energy to develop 

a plan that would require a cost–benefit analysis of defense 
348

nuclear facilities that require deactivation and decommissioning 

as to whether they should be kept in cold shut down awaiting 

demolition or accelerated to save long term storage costs. The 

plan will be required every even calendar year no later than 

March 31, 2016 and end after the fifth report submission on 

March 31, 2026. 

The House recedes with an amendment to require within the 

first report the Secretary to implement a plan under which the 

Administrator for Nuclear Security to transfer by March 31, 2019 

to the Assistant Secretary for Environmental Management the 

responsibility for decontaminating and decommissioning 

facilities of the National Nuclear Security Administration that 

the Secretary of Energy determines are nonoperational as of 

September 30, 2015 and meet the requirements of the Office of 

Environmental Management for such transfer.

Assessment of emergency preparedness of defense nuclear 

facilities (sec. 3134)

The Senate amendment contained a provision (sec. 3116) 

that would require the Secretary of Energy to include in each 

award-fee evaluation conducted of a management and operating 

contract for a Department of Energy defense nuclear facility in 

2016, or any even-numbered year thereafter, an assessment of the 

adequacy of the emergency preparedness of that facility, 

including an assessment of the seniority level of employees and 

contractors of the Department of Energy that participate in 

emergency preparedness exercises at that facility.

The House bill contained no similar provision.

The House recedes with an amendment that would eliminate 

recurring reports while focusing the assessment on the 

performance and participation of the management and operating 

contractor employees and not senior employees of the Department 

of Energy, since the laboratory award fee is based on 

performance of the contractor employees. The conferees direct 

the Secretary of Energy to provide a report to the congressional 

defense committees no later than October 31, 2016 on the number 

and level of senior Department of Energy employees that 

participated in such exercises for fiscal year 2016. 

Modifications to cost-benefit analyses for competition of 

management and operating contracts (sec. 3135)

The House bill contained a provision (sec. 3114) that 

would amend section 3121 of the National Defense Authorization 

Act for fiscal year 2013 (Public Law 112-239) to extend the a 

reporting requirement through fiscal year 2019 and require that 
349

the report submitted by the Administrator for Nuclear Security 

must include a description of the factors considered and 

processes used by the Administrator to determine whether to 

compete or extend a contract to manage and operate a facility of 

the nuclear security enterprise, and whether and which 

activities at the facility should be covered under the 

management and operating contract. 

The Senate amendment contained a similar provision (sec. 

3122) that would amend section 3121 of the National Defense 

Authorization Act for Fiscal Year 2013 (Public Law 112-239) to 

make technical corrections to increase the utility of reports 

on competition for management and operating contracts at 

facilities of the National Nuclear Security Administration and 

change the timing of the Government Accountability Office’s 

review to assess whether estimated cost savings and other 

benefits are actually occurring as planned.

The House recedes with an amendment that combines the two

provisions, requires the Government Accountability Office to 

provide a briefing on their initial review 180 days after the 

required report submitted, and makes certain technical and 

conforming amendments.

Interagency review of applications for the transfer of United 

States civil nuclear technology (sec. 3136)

The House bill contained a provision (sec. 3119) that 

would require that, prior to the approval by the Administrator 

of the National Nuclear Security Administration (NNSA) of any 

part 810 authorization (regarding the transfer of certain civil 

nuclear technology) for a covered country with a nuclear naval 

propulsion program, the Director of National Intelligence and 

the Chief of Naval Operations would have to jointly submit an 

assessment to the appropriate congressional committees on the 

risks of diversion of such technology and the likely 

consequences of its diversion to such foreign state's military 

nuclear program. This section would also require that, not less 

than 14 days prior to the approval of any part 810 authorization 

for a covered country, the Administrator of the NNSA would have 

to certify to the appropriate congressional committees that 

there is sufficient diversion control and such transfer presents 

a minimal risk of diversion of such technology to a military 

program that would degrade the technical advantage of the United 

States. The provision further required that not later than June 

1, 2016, and quinquennially thereafter, the Chief of Naval 

Operations shall determine the critical civil nuclear 

technologies of the United States and notify the appropriate 

congressional committees of this list of technologies. The 
350

provision also requires that not later than 30 days after the 

date on which the Director of National Intelligence determines 

that there is credible intelligence that United States civil 

nuclear technology has been diverted to a foreign country not 

covered by an authorization under section 57b of the Atomic 

Energy Act of 1954 as amended (Public Law 83-703, 42 U.S.C. 

2077), including an agreement for cooperation made pursuant to 

section 123 of the Atomic Energy Act of 1954 as amended (Public 

Law 83-703, 42 U.S.C. 2153), the Director shall notify the 

appropriate congressional committees of such determination. The 

House provision also required that the Secretary of Energy shall 

annually notify the appropriate congressional committees that 

each covered foreign country is in compliance with its 

obligations under any authorization made pursuant to section 

57b, including an agreement for cooperation made pursuant to 

section 123 of the Atomic Energy Act, as amended. In addition 

the provision prohibits the Secretary of Energy from making an 

authorization under section 57b of the Atomic Energy Act with 

respect to a covered foreign country if a foreign person of the 

covered foreign country has been sanctioned under the Iran, 

North Korea, and Syria Nonproliferation Act (Public Law 106-178; 

50 U.S.C. 1701 note) during the 5-year period preceding the date 

of the transfer being sought unless the President certifies to 

the appropriate congressional committees that the covered 

foreign country is taking adequate measures to prevent, or is 

making significant progress in preventing, transfers or 

acquisitions covered by section 2(a) of the Iran, North Korea, 

and Syria Nonproliferation Act (Public Law 106–178; 50 U.S.C. 

1701 note). The House provision defined a covered country as 

one that is a nuclear-weapon state, as defined by Article IX (3) 

of the Treaty on the Non-Proliferation of Nuclear Weapons, 

signed at Washington, London, and Moscow on July 1, 1968, but 

does not include the United Kingdom or France.

The Senate bill contained no similar provision.

The Senate recedes with an amendment that would require 

that every 90 days, the Secretary of Energy shall submit to the 

appropriate congressional committees a report that includes a 

listing and description of the authorizations to transfer United 

States civil nuclear technology to a covered foreign country (as 

defined in this provision) issued under section 57b of the 

Atomic Energy Act of 1954 (42 U.S.C. 2077(b)) during the 

preceding 90 days and a statement of whether each agency 

required to be consulted under that section or pursuant to 

regulation objected or sought condition to each such 

authorization. 

The amendment also would require that not later than 90

days after the date of the enactment of this Act, and every 5 
351

years thereafter, the Secretary of Energy would be required to, 

in consultation with the Secretary of State, the Secretary of 

Commerce, the Secretary of Defense, the Director of National 

Intelligence, and the Nuclear Regulatory Commission, determine 

the critical United States civil nuclear technologies that 

should be protected from diversion to a military nuclear program 

of a covered foreign country (a nuclear weapons state as defined 

by the Treaty on the Non-Proliferation of Nuclear Weapons other 

than the United Kingdom or France), including with respect to a 

naval propulsion or weapons program and notify the appropriate 

congressional committees with respect to the technologies 

covered by the determination. The amendment also would require 

that not later than 14 days before authorizing the transfer of a 

technology covered by such determination, the Secretary of 

Energy would be required to submit to the appropriate 

congressional committees a report that includes a notification 

of the intention of the Secretary to authorize the transfer of 

such technology and a statement of whether any agency required 

to be consulted under such section 57b or pursuant to regulation 

objected to or required conditions to such authorization of 

transfer. The amendment includes a waiver of the 14 day 

notification for an imminent radiological emergency provided 

within 7 days the Secretary certifies such a hazard exists, the 

justification and the information required in the original 

notification. 

The amendment would also require the Secretary of Energy 

to promptly revise part 810 of title 10, Code of Federal 

Regulations, to ensure that the Director of National 

Intelligence (DNI) is consulted with respect to the views of the 

intelligence community with respect to each authorization issued 

under section 57b of the Atomic Energy Act of 1954 (42 U.S.C. 

2077(b)) for the transfer of United States civil nuclear 

technology to a covered foreign country before the determination 

to approve or disapprove the request for the authorization, and 

that he is provided with an opportunity to present the views of 

the Director and the Intelligence Community on the national 

security risks of the transfer, if any. It is expected that as 

part of developing this consultation process the Secretary of 

Energy and the DNI shall enter into the necessary inter-agency 

agreements that ensure consultation with the Intelligence 

Community occurs but gives the DNI the flexibility to manage its 

ongoing workload, while ensuring timely reviews of 

authorizations, and provides for the possibility that the views 

of the Intelligence Community may not have changed from its 

initial assessment. The Secretary of Energy shall include the 

results of consultations conducted with the DNI, on behalf of 

the Intelligence Community, in each report describing an 
352

authorization and each notification with respect to an 

authorization involving a critical technology. 

The amendment would require the Secretary of Energy to 

annually submit to the appropriate congressional committees a 

report that includes an assessment of whether each covered 

foreign country is in compliance with its obligations under any 

authorization for the transfer of United States civil nuclear 

technology under section 57b of the Atomic Energy Act of 1954 

(42 U.S.C. 2077(b)) and with respect to any covered foreign 

country that is not in compliance with such obligations, a 

description of the efforts of the United States to bring the 

country into compliance with an evaluation of the result of such 

efforts, and an assessment of the options available to the 

Secretary as a result of the country not being in compliance. 

The report also requires an assessment of whether each end-user 

to which United States civil nuclear technology is transferred 

pursuant to an authorization under such section 57b is in 

compliance with the obligations of the end-user under that 

authorization and a description of any consequences for the enduser or the exporter of the technology if the end-user is not in 

compliance with such obligations.

The amendment would further require that, concurrent with 

the submission to Congress of the budget for each fiscal year, 

the Secretary of Energy would be required to submit to the 

appropriate congressional committees a report on the activities 

of the Department of Energy associated with the review of 

applications for authorization under section 57b to transfer 

United States civil nuclear technology to any foreign country. 

The report would be required to include the number of 

applications for authorization under section 57b of the Atomic 

Energy Act to transfer United States civil nuclear technology to 

a foreign country submitted during the year preceding the 

submission of the report; the length of time each such 

application was under review; the number of such applications 

that were granted; and a description of efforts to streamline 

the review of such applications, taking into account the 

proliferation and diversion potential of end-users in the 

country to which United States civil nuclear technology would be 

transferred pursuant to such applications. 

The Director of National Intelligence would also be 

required to notify the Department of Energy and the appropriate 

congressional committees not later than 30 days after the date 

on which the Director determines there is credible intelligence 

that United States civil nuclear technology is being or has been 

diverted to a military program in a foreign country to which the 

transfer of the technology was authorized under section 57b or 
353

to a foreign country to which the transfer of the technology was 

not so authorized. 

The amendment would also require that not later than 60 days 

after the date of the enactment of this Act, the Secretary of 

Energy shall issue guidance with respect to the use of authority 

of under section 234 of the Atomic Energy Act of 1954 (42 U.S.C. 

2282) to impose civil penalties, including fines and debarment, 

and to make referrals to the Attorney General for prosecution, 

for violations of the terms of authorizations for the transfer 

of United States civil nuclear technology issued under section 

57b. The conferees believe that given the extensive amendments 

made to section 57b of the Atomic Energy Act of 1954 by section 

302 of the Nuclear Nonproliferation Act of 1978 (Public Law 95-

242, 42 U.S.C. 2077), which were made after the enactment of the 

Energy Reorganization Act of 1974 (Public Law 93-438), that the 

Department of Energy should have justification to utilize 

section 234 of the Atomic Energy Act of 1954 as a means of civil 

enforcement. 

Finally, the amendment would require that not later than 

180 days after the date of the enactment of this Act, and 

annually thereafter, the President shall submit to the 

appropriate congressional committees a report describing the 

efforts of covered foreign countries to prevent the transfer of 

sensitive items, including efforts to improve the prevention of 

the transfer of such items; and assessing the adequacy of such 

efforts as defined by section 2(a) of the Iran, North Korea, and 

Syria Nonproliferation Act (Public Law 106–178; 50 U.S.C. 1701 

note).

The conferees expect the Department of Energy shall take 

all precautions necessary in this section to protect proprietary 

information.

Governance and management of nuclear security enterprise (sec. 

3137)

The House bill contained a provision (sec. 3133) that 

would require the Secretary of Energy and the Administrator for 

Nuclear Security to jointly establish a team of senior officials 

from the Department of Energy and the National Nuclear Security 

Administration (NNSA) to develop and carry out an implementation 

plan to reform governance and management to improve the 

effectiveness and efficiency of the nuclear security enterprise. 

Additionally, it would require the Administrator to seek to 

enter into a joint agreement with the National Academy of 

Sciences and the National Academy of Public Administration to 

establish a panel of external, independent experts to evaluate 
354

the plan developed by the Department of Energy and NNSA and to 

evaluate the implementation of such plan. 

The Senate amendment contained a similar provision (sec. 

3123) that would require the Administrator of the National 

Nuclear Security Administration to enter into agreements with 

the National Academy of Sciences and the National Academy of 

Pubic Administration to assess implementation of recommendations 

of the Congressional Advisory Panel on the Governance of the 

Nuclear Security Enterprise that can be carried out without 

additional legislation. In addition to monitoring 

implementation, the agreement should specify that the two 

entities should determine whether the implementation was 

effective in addressing the problem it was intended to solve. 

The agreement shall utilize the procedures of the National 

Academies in reviewing and publishing the joint report.

The Senate recedes with an amendment makes certain 

technical and conforming amendments, including changing the date 

of submission of the implementation plan to be March 31, 2016, 

with a final report by the Implementation Assessment Panel to 

2020. 

Annual report on the number of full time equivalent employees 

and contractor employees (sec. 3138)

The House bill contained a provision (sec. 3111) that 

would amend section 3241A of the National Nuclear Security 

Administration Act (50 U.S.C. 2441a) to require that, by October 

1, 2016, the total number of employees within the Office of the 

Administrator may not exceed 1,350. This section would also 

amend section 3241 of the National Nuclear Security 

Administration Act (50 U.S.C. 2441) by striking "600" and 

inserting "450" as the number of employees allowed to be 

appointed under the authority provided by such section.

The Senate amendment contained a provision (sec. 3119) 

that would that permits the Administrator of the National 

Nuclear Security Administration (NNSA) to hire above the 

statutory limit of 1,690 full time positions using up to 100 

exempt employees hired under section 3241 of the National 

Nuclear Security Administration Act (50 United States Code 

section 2441). 

The House bill further contains a provision (sec. 3112) 

that would amend section 3241A of the National Nuclear Security 

Administration Act (50 U.S.C. 2441a) to specify that the total 

number of full-time equivalent employees working under a service 

support contract of the NNSA may not exceed the number that is 

30 percent of the number of employees of the Office of the 

Administrator authorized under subsection (a)(1) of such section 
355

3241A. The Administrator for Nuclear Security would be required 

to not exceed this total number of full-time equivalent 

contractor employees unless, during each fiscal year in which 

the Administrator exceeds such authorized number, the 

Administrator submits a report to the congressional defense 

committees justifying such excess.

The Senate recedes with an amendment that would strike 

section 3111 of the House bill and modify section 3112 of the 

House bill to require with each budget submission the National 

Nuclear Security Administration (NNSA) provide a report that 

provides the number of full time equivalent employees under 

section 3241A of the NNSA Act (50 U.S.C. 2441a), the number of 

service support contracts and whether the contracts are funded 

with program funds, the number of full time equivalent employees 

under each contract and the number in each contract that have 

been employed for more than 2 years.

Development of strategy on risks to nonproliferation caused by 

additive manufacturing (sec. 3139)

The House bill (sec. 3145) contained a provision that 

would require the President to develop and pursue a strategy to 

address the risks to the goals and policies of the United States 

regarding nuclear nonproliferation caused by the increased use 

of additive manufacture technology (including 3D Printing). This 

section would require the President to brief the appropriate 

congressional committees on the development and execution of 

such strategy not later than March 31, 2016, and every 120 days 

thereafter until January 1, 2019. Finally, this section would 

highlight the importance of pursuing such strategy at the 

Nuclear Security Summit in Chicago in 2016.

The Senate amendment contained no similar provision.

The Senate recedes.

Plutonium pit production capacity (sec. 3140)

The House bill contained a provision (sec. 3143) that 

would express the sense of Congress that the requirement to 

create a modern, responsive nuclear infrastructure that includes 

the capability and capacity to produce, at minimum, 50 to 80 

pits per year, is a national security priority and delaying 

creation of this responsive infrastructure until the 2030s is an 

unacceptable risk to the national security of the United States. 

Additionally, it would require the Chairman of the Nuclear 

Weapons Council to provide a briefing to congressional defense 

committees by March 1, 2016, on the annual plutonium pit 
356

production capacity requirement of the nuclear security 

enterprise. 

The Senate amendment contained no similar provision.

The Senate recedes.

Assessments on nuclear proliferation risks and nuclear 

nonproliferation opportunities (sec. 3141)

The House bill contained a provision (sec. 3134) that 

would require the Director of National Intelligence to submit a 

report to the appropriate congressional committees, by March 1 

of each year from 2016 to 2020, containing an assessment and 

prioritization of international nuclear proliferation risks and 

nuclear nonproliferation opportunities and an assessment of the 

effectiveness of various means and programs for addressing such 

risks and opportunities. 

The Senate amendment contained no similar provision.

The Senate recedes.

Analysis of alternatives for Mobile Guardian Transporter program 

(sec. 3142)

The House bill contained a provision (sec. 3144) that 

would require the Administrator for Nuclear Security to submit 

to the congressional defense committees the analysis of 

alternatives by the Administrator for the Mobile Guardian 

Transporter program within 60 days after the date of the 

enactment of this Act. Additionally, it would also require the 

Secretary of Energy to include in the annual budget request 

submission, a separate, dedicated program element for the MGT 

program. 

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would eliminate 

the requirement for an independent assessment and clarify that 

the submitted report must contain a full and comprehensive 

analysis of alternatives. The conferees stress that the 

analysis of alternatives for the MGT program that is conducted 

and submitted to Congress should take into account all safety 

and security scenarios, as well as costs, benefits, and risks of 

various engineering and policy changes that could affect the 

program. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES 

SAFETY BOARD

Authorization (sec. 3201)
357

The House bill contained a provision (sec. 3201) that 

would authorize funds for the Defense Nuclear Facilities Board 

for fiscal year 2016. 

The Senate amendment contained a similar provision (sec. 

3201).

The House recedes.

Administration of Defense Nuclear Facilities Safety Board (sec. 

3202)

The House bill contained a provision (sec. 3202) that 

would amend section 311(c) of the Atomic Energy Act of 1954 (42 

U.S.C. 2886(c)) to clarify that, in carrying out certain duties, 

the Chairman of the Defense Nuclear Facilities Board may not 

withhold from any member of the Board any information that is 

made available to the Chairman regarding the Board’s functions, 

powers, and mission (including with respect to the management 

and evaluation of employees of the Board). The provision would 

also clarify that the Chairman of the Board, subject to the 

approval of the Board, may appoint and remove certain senior 

employees of the Board. 

The Senate amendment contained no similar provision. 

The Senate recedes.

TITLE XXXIV—NAVAL PETROLEUM RESERVES

Authorization of Appropriations (sec. 3401)

The House bill contained a provision (sec. 3401) that 

would authorize $17.5 million for fiscal year 2016 for operation 

and maintenance of the Naval Petroleum Reserves. 

The Senate amendment contained no similar provision. 

The Senate recedes.

TITLE XXXV—MARITIME ADMINISTRATION

LEGISLATIVE PROVISIONS ADOPTED

Authorization of the Maritime Administration (sec. 3501)

The House bill contained a provision (sec. 3501) that 

would authorize appropriations for the national security aspects 

of the Merchant Marine for fiscal year 2016.

The Senate amendment contained a similar provision (sec. 

3505) that would authorize appropriations for the national 
358

security aspects of the Merchant Marine for fiscal years 2016 

and 2017.

The Senate recedes with an amendment that would increase 

by $24.0 million to $210.0 million the amount authorized to be 

appropriated in subsection (5) for expenses to maintain and 

preserve a United States-flagged merchant marine to serve the 

national security needs of the United States under chapter 531 

of title 46, United States Code.

Sense of Congress regarding Maritime Security Fleet program 

(sec. 3502)

The House bill contained a provision (sec. 3502) that 

would express the sense of Congress that dedicated and enhanced 

support is necessary to stabilize and preserve the Maritime 

Security Fleet program.

The Senate amendment contained no similar provision.

The Senate recedes.

Update of references to the Secretary of Transportation 

regarding unemployment insurance and vessel operators (sec. 

3503)

The House bill contained a provision (sec. 3503) that 

would update sections 3305 and 3306(n) of title 26, United 

States Code, to reflect the Maritime Administration’s transfer 

from the Department of Commerce to the Department of 

Transportation that occurred in 1981.

The Senate amendment contained a similar provision (sec. 

3503).

The Senate recedes.

Payment for maritime security fleet vessels (sec. 3504)

The House bill contained a provision (sec. 3505) that 

would increase by $24.0 million the amount authorized to be 

appropriated for expenses to maintain and preserve a United 

States-flagged merchant marine to serve the national security 

needs of the United States under chapter 531 of title 46, United 

States Code.

The Senate amendment contained no similar provision.

The Senate recedes.

Melville Hall of United States Merchant Marine Academy (sec. 

3505)
359

The House bill contained a provision (sec. 3506) that 

would allow the Maritime Administrator to accept a gift from the 

U.S. Merchant Marine Academy Alumni Association and Foundation 

for the purpose of renovating Melville Hall on the campus of the 

U.S. Merchant Marine Academy. 

The Senate amendment contained an identical provision 

(sec. 1087). 

The Senate recedes.

Cadet commitment agreements (sec. 3506)

The Senate amendment contained a provision (sec. 3501) 

that would strengthen requirements for proper performance of 

reserve service obligations for U.S. Merchant Marine Academy 

(USMMA) graduates by providing clarity that graduates are 

required to apply for a position in the reserves of an armed 

force, maintain a Transportation Worker Identification 

Credential, and maintain a U.S. Coast Guard approved medical 

certificate. This section also would change the reserve service 

obligations of USMMA graduates from 6 to 8 years to conform with 

current Department of Defense reserve requirements. 

The House bill contained no similar provision.

The House recedes.

Student incentive payment agreements (sec. 3507)

The Senate amendment contained a provision (sec. 3502) 

that would clarify the requirements for a graduate of the 

student incentive payment (SIP) program to perform service 

obligations and facilitate enforcement of the reserve duty 

component of their service obligation. It would assist in the 

federal government’s recoupment of funds if SIP graduates fail 

to fully perform their reserve duty service obligation. This 

section also aligns current U.S. Coast Guard and Department of 

Defense (DOD) terminology to update references to licensing and 

the Strategic Sealift Officer Program, as well as bring the 

Maritime Administration’s reserve service obligation requirement 

in line with DOD requirements for 8 years of reserve duty.

The House bill contained no similar provision.

The House recedes.

Short sea transportation defined (sec. 3508)

The Senate amendment contained a provision (sec. 3504) 

that would amend the definition of short sea transportation in 

section 55605 of title 46, United States Code.

The House bill contained no similar provision.
360

The House recedes.

LEGISLATIVE PROVISIONS NOT ADOPTED

Reliance on classification society certification for purposes of 

eligibility for certificate of inspection

The House bill contained a provision (sec. 3504) that 

would modify section 53102 of title 46, United States Code, and 

require the U.S. Coast Guard to implement certain class society 

certification standards.

The Senate amendment contained no similar provision.

The House recedes.

The conferees note the continued need for Maritime 

Security Program (MSP) vessels to meet national defense sealift 

needs. Section 53102(e)(3)(A) of title 46, United States Code, 

establishes a process for the U.S. Coast Guard to rely on 

classification societies to certify compliance for MSP vessels, 

both initially for reflag, and subsequently during renewal 

inspections, based solely on applicable international 

agreements, associated guidelines, and classification society 

rules. The conferees encourage the Coast Guard to use that 

process to the greatest extent practicable. The Service should 

not set up unnecessary barriers to entry for vessels the 

Department of Defense has determined it needs to meet national 

defense sealift requirements. 

DIVISION D—FUNDING TABLES

Authorization of amounts in funding tables (sec. 4001)

The House bill contained a provision (sec. 4001) that 

would provide for the authorization of projects, programs, and 

activities in accordance with the tables in division D.

The Senate bill contained an identical provision (sec. 

4001). 

The conference agreement includes this provision.

Clarification of applicability of undistributed reductions of 

certain operation and maintenance funding among all operation 

and maintenance funding (sec. 4002)

The Senate bill contained a provision (sec. 4002) that 

clarifies that the undistributed reductions in funding for 

operation and maintenance due to bulk fuel purchases and foreign 

currency fluctuations, as shown in table 4301, can be applied to 
361

all operation and maintenance funding, regardless if funding is 

available in table 4301 or 4302.

The House bill contained no similar provision. 

The House recedes with an amendment that would limit 

reductions mentioned above to table 4301 and 4303.